International Tracing Instrument: Key Aspects COST A25 Seminar on the Implementation of the Internat

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International Tracing InstrumentKey
AspectsCOST A25Seminar on the Implementation
of the International Tracing InstrumentBrussels
, 19 March 2008

• Glenn McDonald
• Small Arms Survey, Geneva

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Global Normative Framework

• International Tracing Instrument (ITI) applies
  to all UN Member States since its adoption by the
  UNGA (December 2005)
• UN Firearms Protocol (UNFP) applies to States
  Parties (date of ratification 30 days)
• Taken together, these instruments define the
  global minimum standards in relation to SALW
  marking, record-keeping, and tracing.

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ITI v. UNFP

• Overall, the ITI consolidates and strengthens
  UNFP standards in relation to marking and
  record-keeping.
• It adds important value in relation to
  definitions, cooperation in tracing, and
  implementation.
• The ITI is politically binding (cf UNFP).
• Yet, it is universal in scope, applicable to all
  UN Member States.

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ITI A Brief History

• The tracing issue moves up the list of
  international priorities, late 1990s
• FrancoSwiss initiative, 20002001
• Civil society inputs
• 2001 UN Programme of Action calls for a UN study
  on the feasibility of developing an international
  tracing instrument.

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Group of Governmental Experts

• Issues its report in July 2003
• Concludes that both desirable and feasible to
  develop an international tracing instrument
• Leaves open question of instrument character
• Formally keeps ammunition explosives on the
  table, yet provides no guidance on the technical
  issues specific to ammunition or explosives

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Open-Ended Working Group

• Instrument character and ammunition quickly
  divide the Group
• No support for the creation of a new
  international mechanism
• The role of peacekeeping operations in the
  implementation of the instrument emerges as
  another bone of contention
• Agreement reached 17 June 2005

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The GA Adopts the Instrument

• The UNGA adopts the International Tracing
  Instrument, 8 December 2005
• Since that date, the ITI applies to all UN Member
  States.

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ITI General Aspects

• Politically binding
• Does not cover ammunition
• OEWG recommendation that the issue of SALW
  ammunition be addressed in a comprehensive manner
  as part of a separate UN process
• Applies to crime and conflict
  (civilian and military SALW)

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Definition of SALW

• Precise, relatively comprehensive and adaptable
  (para. 4)
• Combines language from 1997 UN Panel Report and
  UN Firearms Protocol
• Covers almost all SALW mentioned in the 1997
  Report (except vehicle-mounted LW such as large
  recoilless rifles)

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Marking

• If SALW are to be traced, they need to be marked
  with basic identifying information
• - Manufacturers marks mandatory (para. 8a)
• - Import marks strongly recommended (para. 8b)
• ITI also requires the marking of government armed
  and security force stocks (para. 8d)
• Other provisions govern the confiscation of
  illicit SALW (para. 9), also the characteristics
  and placement of marks (paras. 7, 10)

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Marking

• Marking at time of import The older the weapon,
  the more likely that the record-keeping chain
  will be broken. An import mark significantly
  increases the chances of a successful trace.
• Many non-manufacturing countries expressed
  concerns about the potential costs of import
  marking during the ITI negotiations.

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Marking

• Marking of government stocks a key source of
  arms for war zones and the illicit market
  generally. If such weapons have not been marked,
  they cannot be traced after they leave the
  government stockpile.
• All SALW in the possession of government armed
  and security forces for their own use must be
  duly marked (para. 8d).

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Record-keeping

• States agree to establish and maintain the
  records that are needed to ensure timely and
  reliable tracing (para. 11).
• Manufacturing records to be kept for at least 30
  years (para. 12a)
• All other records, including records of import
  and export, for at least 20 years (para. 12b)

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Record-keeping

• Record-keeping systems are inadequate in many
  countries. Very often, records are not
  computerized, making record maintenance and
  retrieval difficult.
• Yet, without the accurate and comprehensive
  record-keeping mandated by ITI paragraph 11,
  tracing is impossible.

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Cooperation in tracing

• The ITI sets out detailed modalities for tracing
  cooperation its operational core (paras. 14-23)
• States may restrict or refuse tracing cooperation
  in certain circumstances (confidentiality,
  reasons of national security, etc.)
• but must explain any such restriction or
  refusal (paras. 2223).

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Cooperation in tracing

• Interpol can help build national capacity to
  initiate and respond to tracing requests (para.
  35c).

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Implementation

• Current priorities include
• - bringing national laws, etc. into line with
  ITI requirements (para. 24)
• - info. exchange (national points of contact,
  national marking practices paras. 31-32)
• - national capacity-building
• Key roles for UN Interpol
• Longer term development of ITIs
  conflict-tracing functions

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Implementation

• States need to move promptly to fulfil the
  requirements of ITI, paragraph 24
• In accordance with their constitutional
  processes, States will put in place, where they
  do not exist, the laws, regulations and
  administrative procedures needed to ensure the
  effective implementation of this instrument.

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Implementation

• In particular, UN Member States need to
  determine
• a) what changes to national laws, regulations and
  procedures are needed to meet ITI requirements
• b) whether and how to strengthen national
  capacity for ITI implementation (e.g.
  inter-ministerial coordination consultation with
  industry, NGOs and other stakeholders training
  programmes)

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International Assistance

• Important to the effective implementation of the
  ITI (see paras. 27-29)
• Areas for priority attention include
• - import marking (para. 8b)
• - marking of government stocks (para. 8d)
• - effective record-keeping systems (paras.
  11-13)
• - functional tracing systems (paras. 14-23)

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Instrument Follow-up

• States have committed to reporting every 2 years
  on their implementation of the ITI (para. 36).
• Biennial meetings to be held to consider ITI
  implementation (para. 37 2008 BMS)
• States to review the implementation and future
  development of the ITI (para. 38 as part of
  future PoA Review Conferences)

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Conclusion

• On paper, the ITI advances international
  cooperation in almost all of the areas it covers.
• Yet, it will only have real value if effectively
  implemented.

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