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PGA: Workshop on Small Arms and Light Weapons, Manila
06.02.2007
Address to the PGA Workshop on Small Arms and Light Weapons - "Recent initiatives in New Zealand in the Small Arms and Light Weapons and Arms Trade Treaty areas" - Manila, Philippines
Let me now thank PGA and the Philippines Network on Small Arms for taking the initiative to host this Regional Parliamentary Workshop, and for facilitating a good outcome through the excellent administrative arrangements that have been made. Our thanks also to the House of Representatives for their generosity in making this conference room available.
Colleagues - as parliamentarians our calling is the promotion of liberty - the freedom to know ones self, to know the times - where the threats and opportunities lie, to know our community in the spirit of 'together we serve' and to know our task. Today our prime task is to preserve and promote that spirit of liberty.
Today the spread of the right to liberty through the body of mankind is being threatened from within by the cancer of what is generally called terrorism. As is the case in other countries, the Philippines has to deal with the scourge of terrorism on a daily basis. We need to consider how to harness and hone political and popular resolve to promote the conditions that defeat this cancer. Making it more difficult for terrorists to get access to illicit small arms and light weapons is one way of doing this, by implementing existing and new legal instruments.
2007 marks the 140th anniversary of the address 'On Liberty' by that noted thinker on the subject John Stuart Mill (1 February 1867, St Andrews College) - regarded by many as the mountain of understanding with his statement. The core value he championed in the promotion of freedom is what he called 'many sidedness' the ability to weave many strands of society into a fabric of understanding.
Government and civil society, said Mill, is the most complicated of all subjects accessible to the human mind - that is why is it our duty to weave the many world views represented here into a powerful perspective that serves as a commanding catalyst for the change we seek - promotion of quality of life, at the heart of which is to "drive out fear". We will not be hostage to those who will foist fear into our community.
As I did at another successful PGA Workshop on Small Arms in Tbilisi, Georgia, last year, I also very much welcome the opportunity to place before the meeting a brief report on the experience of New Zealand. The global reach of the small arms challenge touches us all. The illicit trade in small arms requires collective international action. New Zealand is a firm believer in multilateral action to tackle global problems. As a small country, dependent on the rule of law, New Zealand's interests lie in supporting such efforts.
Some of the ideas that have formed the basis for New Zealand's policy and legislation may find an echo in situations that others here today are facing. We look to contribute to these debates in the interests of progress towards a safer and more secure world for us all.
Member states of the United Nations adopted the UN Programme of Action on Small Arms and Light Weapons in July 2001, which was co-sponsored by New Zealand. We viewed that as a major success and we remain a firm supporter of the Programme of Action. I have selected three aspects of the Programme through which to focus attention here today on the New Zealand experience:
National controls on small arms and light weapons (SALW)
Regional cooperation
The Programme of Action Review Conference that was held in June/July last year.
I intend also to touch on recent developments on the arms trade treaty initiative, which we fully support.
National Controls
New Zealand legislation and policy substantially complies with the UN Programme of Action. New Zealand does not manufacture small arms and light weapons and has very low rates of gun-related violence and crime by international standards. Yet New Zealand has relatively high levels of gun ownership. High range estimates put New Zealand's ownership at 1 million guns among 4 million people. The reasons for this are largely historical. They include our farming-based economy, where pest control by firearms was and still is important, and soldiers returning from World Wars I and II with military-issued equipment.
The primary focus of small arms control in New Zealand is on the lawful possession and use of firearms through licensing individuals. Civilians wishing to possess sporting rifles or shotguns are subject to a strict vetting and licensing regime, though these categories (accounting for about 94% all firearms in New Zealand) do not have to be registered. However, the civilian ownership of pistols, military style semi-automatic weapons and restricted weapons must be registered.
In New Zealand, no civilians are allowed to possess firearms unless they are 16 years of age or over and have a firearms licence issued by the NZ Police. A person wishing to hold a firearms licence must go through a vetting process that includes a series of Police checks, interviews with the applicant, their spouse, partner, next of kin, and an unrelated referee; and any other inquiries Police consider necessary. Licence holders must also keep firearms secure. The vetting process includes a physical inspection of this security. Firearms licence applicants must also complete training in basic firearms safety.
This arms control regime is founded on legislation (the Arms Act 1983) and related Regulations and Orders, expanded by policy directions in the New Zealand Arms Manual. I have with me a paper prepared by the NZ Police, describing the New Zealand arms control regime in more detail, should participants wish to learn more about the background and administration of this rather unique system; and the NZ Police website also contains key documents on this matter.
We believe that whenever it is possible, Governments should be leading by example. The New Zealand Government sets a positive and public example. New Zealand Police do not routinely carry weapons for their day-to-day work. The NZ Defence force and Police have very strict armoury security standards. And where possible and appropriate, NZ defence personnel in some peace monitoring situations overseas will make a point of operating without firearms. Such policies help to create a climate and culture where responsible use of firearms is the norm.
New Zealand is continuing to develop law and regulations to improve its implementation of the Programme of Action. We also participate in the Wassenaar Arrangement to promote transparency and greater responsibility in transfers of conventional arms such as small arms. In a related area, the Government is committed to becoming a party to the Firearms Protocol of the UN Convention against Transnational Organised Crime. Draft legislation to enable this is currently before the Parliament, having been introduced by Government in the Arms Amendment Bill (no. 3). There will be new offences relating to illicit trafficking, manufacturing and marking of firearms under this legislation. Acceding to the Firearms Protocol will contribute to international efforts to combat organised crime and illicit small arms trade. These efforts benefit all countries.
New Zealand's experience shows that arms control measures are likely to be more effective if they take account of differing histories, cultures and patterns of firearms possession and use. And this is reflected in the UN Programme of Action which commits states to bear in mind "the different situations, capacities and priorities of states and regions". Let me be quite open in saying that New Zealand's system of firearms control is suited to meet our needs and our problems. A one-size-fits-all approach is less likely to be effective than approaches that address these differences.
Regional cooperation
New Zealand has from the start been active in promoting the Programme of Action at the regional level. We continue to place priority on assisting its effective implementation in the Pacific region, of which we are part.
I understand that regional cooperation in combating the illicit trafficking in SALW is also an important theme among ASEAN countries. I applaud efforts within ASEAN to strengthen implementation of the UN Programme of Action, and hope that some of the examples that I am about to give on what New Zealand is doing within the Pacific context may be helpful in this regard.
Small arms and light weapons are not produced in the Pacific except for crude improvised weapons made from materials such as pipes, wood and unexploded bombs from WWII. There is little evidence to suggest that firearms trafficking has taken hold there. Nevertheless, Pacific island countries have experienced the devastating effects of illicit trade in and use of small arms and light weapons. It is a matter of growing concern. Coups, armed conflicts and other acts of violence with small arms have, in recent years, highlighted the small arms challenge in parts of the Pacific region. The increasing presence of small arms and their role in worsening the tragic consequences of conflict is a significant security threat for the countries of the region.
Over the past 5 years, the Pacific Islands Forum countries have taken action to address the SALW problem and to implement the UN Programme of Action at the national level, as well as through regional and international cooperation. For example, the Nadi Framework of 2003 seeks a common approach to weapons control in the Pacific and proposes model legislation for Forum members.
Determining the causes of the challenge posed by small arms and light weapons is a complex issue. Three causes that are often put forward are:
- Weak controls on arms exporters and brokers
- Poor management of official weapons stockpiles, resulting in "leakage" (from security forces or other government personnel)
- Weak controls on civilian ownership
As far as the Pacific region is concerned, leakage appears to be the major source of the small arms and light weapons that enter the illicit trade. Ways of limiting leakage include better record keeping and auditing of current stocks; identifying and destroying weapons that are not needed; and secure storage for weapons and ammunition. These areas are included in New Zealand's focus on assisting our Pacific neighbouring states to tackle the small arms challenge.
A recent practical initiative by New Zealand in this regard was an International Firearms Safety Seminar, hosted by NZ Police in association with NGOs (the NZ Mountain Safety Council and the Council of Licensed Firearms Owners). My Government provided funding to facilitate representation by Pacific Island governments. The seminar was a response to concerns expressed mainly by our Pacific Island neighbours about risks they face from poor gun maintenance and inadequate security procedures for civilian firearms. The seminar addressed responsible firearms use; provided for a valuable exchange of ideas, strategies and procedures for firearm safety as well as further research in this area; and encouraged community participation in developing solutions to the small arms challenge.
Another channel for cooperation with our neighbours on these issues is New Zealand's Mutual Assistance Programme. Through this we continue to assist Pacific countries' defence and police forces to improve armoury security, storage, maintenance and management of weapons. Such assistance is coordinated with the Australian Defence Force.
We are also engaged in the Australian-led Pacific Regional Policing Initiative. This 5-year programme seeks to contribute to a more secure environment in the Pacific through strengthening the capacity of Pacific policing services. The programme covers a mixture of training, capacity building and resource development activities.
In Bougainville, we continue to support community policy. As a means of promoting peace and disarmament principles with the local people, New Zealand made it very clear at the outset that New Zealand forces there would be unarmed.
And in the Solomon Islands the Regional Assistance Mission remains active. It has played a key role in conflict resolution and practical disarmament - including the collection and destruction of close to 4,000 small arms and over 300,000 rounds of ammunition. The Mission is also moving to take a role in longer term social and economic stability initiatives - for it is recognised that in the long term, a commitment to improving levels of governance and strengthening state capacity is vital to success.
The NZ Customs Service is currently assisting with the establishment of a permanent base of operations for the Oceania Customs Organisation in Suva which aims to improve the efficiency and effectiveness of customs administrations in the region. This in turn will strengthen the ability of local authorities to control illicit arms trade.
Programme of Action Review Conference
- My presentation in Tbilisi in June of last year preceded the first Review Conference of the Programme of Action (PoA) to Combat the Illicit Trade in Small Arms and Light Weapons (SALW). This took place at UN Headquarters in New York from 26 June to 7 July. I would like to briefly comment on the outcome of this conference.
- New Zealand went to the Conference expecting it to agree on a strategy to move ahead on implementation of the Programme. Regrettably, the conference failed to live up to our expectations.
- At the end of the 2-week conference, the formal outcome was a 2-line report informing the General Assembly that the Conference was unable to reach agreement on an outcome document.
- No single issue caused the failure. Various countries had various intractable objections to text in the draft document that were tied up with state sovereignty, commercial and trade freedoms as well as civil liberty considerations.
- Like many others, the NewZealand government was disappointed with the failed outcome of the Review Conference. The Review Conference was the first opportunity to take stock of all that has been achieved so far since the international community committed itself in 2001 to take action on the growing problems caused globally by small arms and light weapons falling into the wrong hands.
- NewZealand's Minister for Disarmament and Arms Control, Hon Phil Goff, called the conference "a missed opportunity", which it was. Further action at the global level to mitigate and prevent the harm done by the illicit trade in light weapons is warranted.
- Yet there were some positives. As Mr Goff noted at the time, nobody tried to undermine the provisions of the Programme of Action as it stands; in fact there was solid re-commitment to it. Perhaps most importantly, the conference served also to bring SALW issues back to the attention of the international community, with over 190 states being represented at the meeting.
- It is important to ensure that momentum on SALW does not slow as a result of the Review Conference. A move in the right direction was the agreement at last year's UN First Committee on the forward programme on SALW, which will ensure that this subject remains firmly on the UN agenda.
- One area which NewZealand feels concrete progress is needed concerns more effective controls on the transfer of small arms and light weapons.
- In this context, we welcome Canada's initiative to co‑convene a global meeting on principles to guide decisions on transfers of small arms and light weapons, which will be held in Geneva in mid-2007. NewZealand intends to play an active role in this meeting, as we had done at the Nairobi meeting on transfer controls held in April last year.
Arms Trade Treaty
The proposed arms trade treaty initiative has recently been the subject of much international attention, and I am very pleased that it is a specific topic of this Workshop.
The purpose of an arms trade treaty is to stop the flow of conventional arms to areas where they might be used in breach of human rights or international law. This would go further than existing arms control initiatives, which only deal with the illicit trade or manufacture of arms. It is in all of our interests to more tightly regulate the trade in conventional weapons, which are used every day in conflicts around the world, exacting large-scale suffering.
New Zealand has been a longstanding supporter of the arms trade treaty initiative, and we were an early co-sponsor of the resolution on an arms trade treaty that had been tabled at the First Committee of the UN General Assembly last year.
On 7 December last year, the UN General Assembly voted overwhelmingly in favour of the resolution, paving the way for work to begin on an arms trade treaty. 153 countries, including New Zealand, supported the resolution, with 24 abstentions and one country voting against the proposal. This result represents a remarkable success.
Under the resolution, a group of governmental experts from around the world will be established to examine the issue in detail and report back to the UN General Assembly in 2008.
In New Zealand's view, the resolution represents a concrete step in getting work under way on an arms trade treaty. It is, however, only a first step. New Zealand will be looking to work with the core co-sponsors of the resolution, particularly the UK, in helping consolidate and build up support for an arms trade treaty. The Pacific region is, for us, an important area of focus in this respect.
I will stress that an arms trade treaty is a long term goal. As our Defence Minister said last year when announcing our decision to co-sponsor the UN resolution, "negotiating an arms treaty is an ambitious process. It will not become a reality until those countries opposing it can be persuaded that the treaty is critical, both for humanitarian reasons, and to achieving greater stability and security in the world."
The New Zealand Government intends to invest the necessary effort to help make the arms trade treaty a reality, and I hope very much that the governments of all participants at this Workshop will do likewise.
In conclusion...
We firmly believe that parliaments of democratically elected representatives can play a leading role in building societies in which responsible use - if any - of firearms is the accepted standard. On returning from the PGA Tbilisi seminar last year, I was able to provide feedback to the appropriate Ministers within our government, and I believe that participation in seminars and workshops like this can have a galvanizing effect when MPs return home. I would strongly encourage all present to bear this in mind - perhaps upon return to your respective countries you may create an opportunity to set up an appointment with relevant Government Ministers to keep this momentum going, inquire what your government is doing on this issue. In addition, simply asking questions in Parliament, or writing to Ministers, can have an extremely helpful ‘focussing' effect, and I would also strongly urge all my fellow parliamentarians to do so upon their return home.
The true measure of success of workshops of this kind is the actual concrete follow-up that we, as Parliamentarians, do when we go home. It is vital to keep the momentum going.
For those of you who have not already done so, I would ask you to consider joining PGA and taking advantage of all the expertise we have to offer.
We as Parliamentarians must remain focused on the wish of ordinary people in all our communities to live in peace. This meeting offers us the potential to strengthen our collective efforts to reach that goal.
Thank you for this opportunity to place a New Zealand perspective before the meeting.


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