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Small Arms & Light Weapons

Preliminary Reports

Ms. Barbara Frey, Preliminary report on the prevention of human rights violations committed with small arms and light weapons, E/CN.4/Sub.2/2003/29, 25 June 2003.

In Frey’s preliminary report (E/CN.4/Sub.2/2003/29) she set forth a framework for analyzing the legal and practical issues involved in the prevention of human rights violations committed with small arms and light weapons. The report defined small arms as those weapons designed for personal use and light weapons as those designed for use by several persons serving as a crew, in accordance with the 1997 report of the Panel of Governmental Experts on Small Arms. The preliminary report described the adverse consequences for human rights caused by the availability of the estimated 640 million small arms as well as 230 million anti-personnel landmines in the world today.

The preliminary report discussed the human rights violations caused by the misuse of small arms by State agents, and the obligation of States to ensure that the use of small arms in police and security activities is carried out in a manner consistent with international human rights law. The report also discussed the due diligence obligations of States to prevent human rights abuses committed by armed individuals and groups. Finally, the preliminary report addressed the legal obligations of States to prevent the transfer of small arms into situations where they will be used to commit serious violations of human rights.

Ms. Barbara Frey, Progress report on the prevention of human rights violations committed with small arms and light weapons, E/CN.4/Sub.2/2004/37 (2004).

In her progress report (E/CN.4/Sub.2/2004/37) Frey addressed the detrimental effects on human rights and human security caused by small arms in situations of armed conflict. The report described the international humanitarian law framework as well as State obligations under international human rights law for preventing violations committed through the availability, misuse and transfer of small arms in situations of armed conflict. The report specifically considered the need to improve the effectiveness of arms embargoes as a method of preventing violations of human rights and humanitarian law. The report also discussed prosecution of individuals who perpetrate international crimes committed with small arms or who are complicit in such crimes. The report concluded by discussing the gender implications of small arms availability and misuse.

Ms. Barbara Frey, Progress report on the prevention of human rights violations committed with small arms and light weapons, E/CN.4/Sub.2/2004/37/Add.1 (2004).

At its fifty-sixth session in 2004, the Sub-Commission gave favorable consideration to a set of draft principles on the prevention of human rights violations committed with small arms (E/CN.4/Sub.2/2004/37/Add.1) and asked Frey to expand upon those principles for discussion at the 2005 session.

In decision 2004/124, the Commission on Human Rights approved Frey's request to transmit a questionnaire to be sent to governments, national human rights institutions and non-governmental organizations soliciting information in connection with her study, in particular on the national laws and training programs used to implement the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

Ms. Barbara Frey, Prevention of human rights violations committed with small arms and light weapons, E/CN.4/Sub.2/2005/35 (2005).

Based on the Sub-Commission's discussions in 2004, Frey revised the draft principles (E/CN.4/Sub.2/2005/35) for consideration by the Sub-Commission at its fifty-seventh session.

Frey was granted additional time to compile and evaluate the responses of governments to her questionnaire. A final report will be submitted for consideration by the Sub-Commission at its fifty-eighth session in 2006. In her final report, Frey will further explore the due diligence responsibilities of States to protect the right to life of persons within their jurisdiction through reasonable regulations, including licensing to prevent possession of arms by persons who are at risk of misusing them, requiring safe storage of small arms, requiring tracking information by manufacturers, investigating and prosecuting those who misuse small arms, and offering periodic amnesties and other appropriate measures to remove unwanted small arms from circulation. In particular, there is a need to explore the boundaries of the right to self-defense as a general principle of criminal law and its specific application to small arms possession and use.