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PGA: Forum on Small Arms and Light Weapons, Tbilisi
15.06.2006
Address to the PGA Forum on Small Arms and Light Weapons - Tbilisi, George
Panel Discussion on “Existing National and Regional Controls on Small Arms and Light Weapons”
Let me begin by thanking the Government of Georgia 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.
I welcome the opportunity to place before the meeting a brief report on the experience of New Zealand. Some might wonder what relevance New Zealand, a country at the furthest and remotest corner of the world, whose geographic and historical background is in such contrast to the region in which we are meeting today, might have for these discussions. But 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.
It is possible that 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 would like 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. New Zealand 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
· Looking ahead to further strengthening the regime
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 securely. 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 identity of manliness with weaponry is engraved deep into our consciousness. Indeed humanity has defined its sense of defence in terms of its spending on arms – it is salutary to note that in the 1970s governments of our globe invested twice as much money on arms as on health and education put together.
We are charged with the responsibility to lead by example – by moral example – i.e. not using a climate of fear which seems to be the default setting in so many nations today. If we leaders employ the tactics of Machiavelli, invest heavily in weaponry at the expense of welfare – how on earth can we claim to 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 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.
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.
Looking ahead to further strengthening the POA
The Review Conference of the Programme of Action to be held in New York later this month will provide a timely opportunity to assess what has been achieved in the 5 years since the international community committed itself to the Programme; and will, we hope, point the way to practical ways of improving its implementation right around the world.
As a priority for discussion at the meeting, New Zealand has identified the need for more effective controls, at the national level, on the transfer of small arms and light weapons. We consider that the establishment of import, export and transhipment controls for SALW will constitute an important further step to strengthen the Programme of Action, and we will be pressing for the development and adoption of agreed guidelines on this.
We also wish to see further progress in other areas, especially illicit brokering and the safe management and destruction of stockpiles
In a related but separate initiative, my Government has also spoken out in support of an Arms Trade Treaty, as a means of increasing controls on conventional weapons, preventing arms sale to countries where there is conflict or human rights issues. This is a longer term goal, but one that we hope to see being brought closer at the review conference.
Thank you for this opportunity to place a New Zealand perspective before the meeting. 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. 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.


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