United Nations Security Council Resolution 1209 – Africa, illicit arms flows to and in Africa
The Security Council,
Reaffirming its resolutions 1170 (1998) of 28 May 1998, 1196 (1998) of16 September 1998 and 1197 (1998) of 17 September 1998,
Recalling the statements of its President of 25 September 1997(S/PRST/1997/46), 16 September 1998 (S/PRST/1998/28) and 24 September 1998(S/PRST/1998/29),
Having considered the recommendations contained in the report of theSecretary-General of 13 April 1998 on “The causes of conflict and the promotion of durable peace and sustainable development in Africa” regarding the importance of stemming the illicit arms flows to and in Africa,
Recognizing the close relationship of the problem of illicit arms flows toand in Africa with international peace and security,
Recognizing with concern that commercial and political motives play anunduly important role in the illicit transfer and accumulation of small arms in Africa,
Stressing the close linkage between international peace and security andsustainable development and the need for the international community to respond to the challenge of illicit arms flows to and in Africa in a comprehensive manner, encompassing not only the field of security but that of social and economic development,
Reaffirming the right of African States to procure or produce necessaryweapons to meet their legitimate national security and public order needs inaccordance with the Charter of the United Nations and other rules and principlesof international law,
Welcoming an offer of the Government of Switzerland to host in Geneva, notlater than 2001, an international conference on the illicit arms trade in allits aspects,
Welcoming the negotiation process in Vienna on the elaboration of aninternational convention against transnational organized crime, including aprotocol to combat illicit manufacturing of and trafficking in firearms,
Welcoming the ongoing work of the Secretary-General on small arms and lightweapons pursuant to General Assembly resolutions 50/70 B and 52/38 J, includingthe work of the group of governmental experts nominated by him, and noting the findings pertaining to illicit arms flows to and in Africa in the Report onSmall Arms of the Secretary-General of 27 August 1997 (A/52/298),
Welcoming also the decision of the Secretary-General to coordinate all actions on small arms within the United Nations system through the Coordinating Action on Small Arms, for which the Department of Disarmament Affairs isdesignated as the focal point,
Commending the national, bilateral and subregional initiatives being takenin Africa in combating illicit arms flows, such as those that have been taken inMali and Mozambique, by the Economic Community of West African States (ECOWAS)and the Southern African Development Community,
Welcoming also the decision by the Organization of African Unity to prepare a situation report on Africa containing detailed information on the magnitude of the problem of small arms proliferation as well as appropriate policyrecommendations,
- Expresses its grave concern at the destabilizing effect of illicitarms flows, in particular of small arms, to and in Africa and at their excessiveaccumulation and circulation, which threaten national, regional andinternational security and have serious consequences for development and for thehumanitarian situation in the continent;
2. Encourages African States to enact legislation on the domesticpossession and use of arms, including the establishment of national legal andjudicial mechanisms for the effective implementation of such laws, and toimplement effective import, export and re-export controls, and encourages alsothe international community, in consultation with African States, to assist inthese efforts;
3. Stresses the importance of all Member States, and in particular States Involved in manufacturing or marketing of weapons, restricting arms transfer which could provoke or prolong armed conflicts or aggravate existing tensions orconflicts in Africa, such as through voluntary moratoria;
4. Encourages African States to participate in the United Nations Register of Conventional Arms, encourages also the establishment of appropriateregional or subregional registers of conventional arms on the basis of agreementreached by African States concerned, and encourages further Member explore other appropriate ways to enhance transparency of arms transfers to andin Africa;
5. Urges Member States with relevant expertise to cooperate with AfricanStates to strengthen their capacity to combat illicit arms flows, includingthrough the tracking and interdiction of illicit arms transfers;
6. Welcomes the declaration on the moratorium adopted by the Conference Of Heads of State and Government of ECOWAS, adopted in Abuja on 30 October 1998,and urges other subregional organizations in Africa to consider taking similarmeasures;
7. Encourages African States to examine the efforts undertaken in other regions such as by the Organization of American States and the European Union in preventing and combating illicit arms flows, and to consider adopting similar measures as appropriate;
8. Welcomes the intention of the Secretary-General to accord high priority to the United Nations role in promoting better understanding of the direct and indirect consequences of illicit arms flows, and stresses the importance of bringing the negative impact of illicit arms flows to and inAfrica to the widest possible public attention;
9. Encourages the Secretary-General to explore means of identifyinginternational arms dealers acting in contravention of national legislation orembargoes established by the United Nations on arms transfers to and in Africa;
10. Encourages the Secretary-General to promote cooperation among MemberStates, the United Nations, regional and subregional organizations and other relevant organizations to collect, review and share information on combatingillicit arms flows, especially regarding small arms, and to make available, asappropriate, information about the nature and general scope of the internationalillicit arms trade with and in Africa;
11. Reiterates the obligation of all Member States to carry out decisions of the Council on arms embargoes, and, in this context, notes the broader implications of the findings and experience of the International Commission ofInquiry established by its resolution 1013 (1995) of 7 September 1995 andreactivated in accordance with its resolution 1161 (1998) of 9 April 1998, andrequests the Secretary-General to consider the possible application of such ameasure to other conflict zones in Africa with specific emphasis on the sourcesof such arms and, if appropriate, make recommendations to the Council;
12. Encourages the Secretary-General, in consultation with Member States,to explore means for collection, sharing and dissemination of information,including technical information, on illicit small arms flows and their destabilizing effects, in order to improve the international community’s ability to prevent the exacerbation of armed conflicts and humanitarian crisis, as wellas means for the rapid exchange of data on possible violations of armsembargoes;
13. Requests the Secretary-General to consider practical ways to work withAfrican States in implementing national, regional or subregional programmes forvoluntary weapons collection, disposal and destruction, including thepossibility of the establishment of a fund to support such programmes;
14. Recognizes the important contribution of programmes for voluntarily weapons collection, disposal and destruction in specific post-conflict situations in Africa, and expresses its intention to consider including, aa appropriate, means to facilitate the successful conduct of such programmes inthe mandates of future peacekeeping operations it authorizes in Africa on the basis of recommendations by the Secretary-General;
15. Calls upon regional and subregional organizations in Africa tostrengthen efforts to establish mechanisms and regional networks among relevantauthorities of their Members States for information sharing to combat theillicit circulation of and trafficking in small arms;
16. Decides to remain seized of the matter.
Adopted by the Security Council at its 3945th meeting,on 19 November 1998.
