Controlling the transfer of arms

The document examines the mechanisms for controlling the import, export, and transit of small arms and light weapons (SALW), arguing that while global frameworks like the UN Programme of Action (UN PoA) provide essential guidelines, implementation is most effective at national and regional levels. It highlights that regional agreements in Africa, such as the Nairobi Protocol and the SADC Firearms Protocol, often establish more stringent and context-specific standards than global agreements. The paper provides detailed case studies of Mauritius and South Africa, noting their legislative efforts to regulate firearms and prevent the diversion of legal arms into illicit markets. It concludes that the primary challenge for many African states is a lack of capacity and resources to implement these controls, necessitating targeted international assistance that supports rather than replaces national initiatives.

• Global agreements on small arms control often lack the specificity required for member states to implement them consistently, which can lead to varying national control measures.
• Regional and sub-regional agreements are frequently more stringent and comprehensive than global frameworks because they are better attuned to specific geographical problems and regional dynamics.
• The Nairobi Protocol is identified as one of the most comprehensive regional guidelines on small arms transfers, providing detailed supplementary guidelines that closely reflect international law obligations.
• Effective transfer control regimes must extend beyond simple criteria to include the registration and licensing of manufacturers, dealers, and brokers, as well as border control procedures and delivery verification.
• Mauritius has updated its legislation via the Firearms Act (No. 1 of 2006) to regulate the sale and transfer of firearms, requiring registration as a dealer and notification to the Commissioner before parting with possession.
• South Africa has implemented a policy of destroying all surplus, redundant, obsolete, and confiscated small arms of a calibre below or including 12.7 mm to prevent them from entering the illicit trade.
• South Africa's National Conventional Arms Control Act of 2002 establishes criteria for export permits, including the consideration of human rights violations and international terrorism.
• The South African Firearms Control Act (No. 60 of 2000) tightened a previous loophole by prohibiting foreign hunters from leaving firearms or ammunition as gifts, which previously constituted illegal transfers.
• African governments face significant challenges in implementing arms controls due to outdated legislation, porous borders, and a lack of technical resources such as computerised databases and ballistic testing machines.
• International assistance for the UN PoA has been criticized for a lack of coordination among agencies and a failure to build upon a state's own national resources and political will.

APA

Kirsten, A., & Stott, N. (2008). Controlling the transfer of arms. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/paper159.pdf

Chicago

Kirsten, Adèle, and Noël Stott. Controlling the transfer of arms. Institute for Security Studies, 2008. https://issafrica.s3.amazonaws.com/site/uploads/paper159.pdf.

Wikipedia

{{cite report |last1=Kirsten |first1=Adèle |last2=Stott |first2=Noël |title=Controlling the transfer of arms |publisher=Institute for Security Studies |date=March 2008 |url=https://issafrica.s3.amazonaws.com/site/uploads/paper159.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{kirsten2008controlling, author = {Kirsten, Adèle and Stott, Noël}, title = {{Controlling the transfer of arms}}, institution = {Institute for Security Studies}, year = {2008}, month = mar, url = {https://issafrica.s3.amazonaws.com/site/uploads/paper159.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }