UNODC Background Guide

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UNODC Background Guide

“Deliberation on strategic methods to


reduce arms and effective mechanisms
for arms regulation”

B1Y MADHUSREE GUHA, WITH INPUTS FROM HITANSHI ARORA (Key Areas of Concern)

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Though every effort has been made to avoid factual errors in this document, yet they may creep in inadvertently. The
author shall not be responsible for any damage or loss to anyone, of any kind, in any manner due to this document.
The author shall also not be liable or responsible for any loss or damage to any one in any matter due to difference of
opinion or interpretation in respect of the text. One may reach out to the respective authors for further clarifications,
and/or conduct independent verification for the same purpose.

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Table of Contents
Dais' Letter…………………………………………………………………………………………………………………3
Committee Introduction ...................................................................................................................................... 4
Things to Remember .......................................................................................................................................... 7
Topic Introduction .............................................................................................................................................. 8
Definition of Key Terms ...................................................................................................................................... 9
Historical Background ...................................................................................................................................... 10
Key Areas of Concern....................................................................................................................................... 10
Possible Solutions ............................................................................................................................................ 12
Questions a Resolution Must Answer (QARMA) ............................................................................................ 13
Bibliography ...................................................................................................................................................... 14

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Dais’ Letter

Dear delegates,
A very warm welcome to the United Nations Office on Drugs and Crime (UNODC). UNODC is a committee
dedicated to achieving security and justice for all, working tirelessly to make the world safer from drugs,
organised crime, corruption, and terrorism. In this conference, we will be discussing strategic methods to reduce
arms and effective mechanisms for arms regulation. The agenda upholds great importance in the present-day
scenario.
Delegates can look forward to participating in a stimulating academic exchange in the process of upholding
international peace and security. Being a beginners' committee delegates shall look to polish and improve their
speaking, problem solving and debating skills as they come up against delegates of similar calibre. Finally,
delegates can also gain a greater insight into the function of the UNODC, instilling a greater appreciation for its
role in maintaining world peace, as well as understanding the steps involved in crime prevention.
The Dais will be available for any clarification on any of the content in this study guide. Until then, do read up this
background guide and conduct greater research into the subject matter to facilitate a robust and vibrant council
session. We look forward to engaging everyone with an exciting council, and hope to see everyone at
SRDAVMUN'23.

Dare to be more!

Sincerely,
Madhusree Guha
Rapporteur | UNODC

Hitanshi Arora
Vice Chairperson | UNODC

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Committee Introduction

History

In 1997, the United Nations International Drug Control Program (UNDCP) and the Crime Prevention and
Criminal Justice Division in the United Nations Office at Vienna were combined to form the United Nations Office
on Drugs and Crime, which was originally known as the Office for Drug Control and Crime Prevention. It later
changed its name to the United Nations Office on Drugs and Crime and has since focused on trafficking in and
abuse of illicit drugs, crime prevention and criminal justice, international terrorism, and political corruption.

Mandate & Functions


UNODC describes itself as a “global leader” in addressing the problem of illicit drug use and transnational crime
and is mandated to assist Member States in their struggle against illicit drugs, crime, and terrorism. It also
describes itself as the “guardian of most of the related conventions”, with special mentions to:
● The United Nations Convention against Transnational Organized Crime and its three protocols (against
trafficking in persons, smuggling of migrants and trafficking in firearms)

● The United Nations Convention against Corruption

● The international drug control conventions

Due to the scale of such issues being rather large for individual countries, member states to such conventions
can be (and are) routinely assisted by UNODC in ensuring adherence to the obligations underlined in such
documents. It also has the mandate to assist Member States in refurbishing their criminal justice systems to
ensure adherence to conventions, offering “practical assistance” and encouraging transnational approaches to
action in all regions of the world via their international programmes and wide network of field offices. A key
feature of such assistance comes based on the routine surveys conducted by UNODC on a transnational level.

UNODC’s work falls under many SDGs, including SDG 3, SDG 5, SDG10, SDG11, SDG 15 and SDG 16. Due to
this, the Office also develops methodological standards to produce SDG indicators and provides technical
assistance to countries. UNODC, under its obligations to the 2030 agenda, is also assisting in fulfilling certain
targets - the one related to our agenda being Target No. 16.4 (‘By 2030, significantly reduce illicit financial and
arms flows, strengthen the recovery and return of stolen assets and combat all forms of organised crime”).

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Mechanism & Working

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Courtesy: https://www.unodc.org/images/about-unodc/activity-areas_1100x1251px.jpg, UNODC

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Things to Remember
Approach towards Background Guide
The guide is first focusing on the “mandate of the committee” and “the concept of the agenda”. To be as precise
as possible, the approach to read any background guide is to focus on the issues from a multi-disciplinary
approach. We expect you to focus on the methods of procurement, spillover effects and existing mechanisms to
counter the illicit trafficking of Small Arms and Light Weaponry, collectively referred as Firearms. The purpose of
this background guide is to provide the committee with a possible direction for the discussion of the agenda. The
data this guide is inclusive of, if used in the conference, will be considered credible.
(Please note that the usage of the word “used” in the above sentence does not equate to plagiarism in any
manner whatsoever.)

Credibility of Sources

Arenas of Credible Sources


Governmental Outlets - As you are a representative of a certain government, always give preference to sources
belonging to the country’s government. These include press statements by various government agencies,
verbatim of your country’s permanent representative in UN Committees, government websites, and state-owned
news agencies.

Media Outlets - Even though you are welcome to broaden your understanding of the topics through any media
outlets, “credible” international news media outlets recognized by the EB for this committee would be BBC, Al-
Jazeera, and Reuters. Note that certain countries do not recognize these sources as credible from their point of
view, so research wisely.

Regional Bodies’ Outlets - Your country might be a part of various regional and intergovernmental organisations,
such as the CIS, OPEC, NATO, ASEAN etc. These can also form credible sources of research. However,
remember that your country may have disagreed with the body’s reports in the past.

Supranational Bodies’ Outlets - The EU, UN and its subparts are considered supranational in nature. Their
credibility - especially of the UN and its subparts - is not easily brought under question and is generally given the
highest order of preference (although certain countries, like DPRK have been known to challenge it in the past).
In layman terms, the most credibility is attributed to the UN, or sources directly affiliated to it.

Note - Sites like Wikipedia, Quora, Amnesty International etc. will NOT be considered as credible sources. You are welcome to broaden your
understanding of the issue via such websites, but they won’t be recognized as a valid basis for questioning during the entirety of the committee
proceedings.

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Definition of Key Terms
All terms are defined verbatim from official documents but may have been edited/substantiated for clarity.

Term Description

Firearms Any man-portable barrelled weapon that expels, is designed to expel or may be readily
converted to expel a shot, bullet or projectile by the action of an explosive, excluding
antique firearms or their replicas. (Note that meaning of the term “antique” is not fixed,
except in being defined as produced before 1899). It may be considered synonymous
with “Small Arms and Light Weapons (also referred as SALW)” due to extremely similar
definitions.

Illicit Manufacturing or assembly of firearms, their parts and components or ammunition:


Manufacturing (i) From parts and components illicitly trafficked;
(ii) Without a licence or authorization from a competent authority of the State Party
where the manufacture or assembly takes place; or
(iii) Without marking the firearms at the time of manufacture, in accordance with article
8 of PROTOCOL AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING
IN FIREARMS.

Illicit ➢ Import,
Trafficking ➢ export,
➢ acquisition,
➢ sale,
➢ delivery,
➢ movement or
➢ transfer
of firearms, their parts and components and ammunition from or across the
territory of one State Party to that of another State Party if any one of the States
Parties concerned does not authorise it in accordance with the terms of this
Protocol, or it is not marked in accordance with article 8 of PROTOCOL
AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN
FIREARMS.

Ammunition The complete round or its components, including cartridge cases, primers, propellant
powder, bullets or projectiles, that are used in a firearm, provided that those
components are themselves subject to authorization in the respective State Party.

Small Arms In broad terms, weapons designed for individual use. They include, inter alia, revolvers
and self-loading pistols, rifles and carbines, sub-machine guns, assault rifles and light
machine guns.

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Light In broader words, weapons designed for use by two or three persons serving as a
Weaponry crew, although some may be carried and used by a single person. They include, inter
alia, heavy machine guns, hand-held under-barrel and mounted grenade launchers,
portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers
of anti-tank missile and rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a calibre of less than 100 millimetres.

Human Rights As mentioned in the UN Human Rights Charter, human rights are an ever-dynamic set
of fundamental rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. These range on a variety of issues,
and include the right to life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and many more. Everyone is
entitled to these rights, without discrimination. The Universal Declaration of Human
Rights lay down the principles that brought human rights into the realm of international
law.

Tracing Systematic tracking of illicit small arms and light weapons found or seized on the
territory of a State from the point of manufacture or the point of importation through the
lines of supply to the point at which they became illicit, wherein illicit is defined as
outlined in the International Instrument to Enable States to Identify and Trace, in a
Timely and Reliable Manner, Illicit Small Arms and Light Weapons.

Seizure Temporary prohibition of the transfer, conversion, disposition or movement of property


or temporarily assuming custody or control of property on the basis of an order issued
by a court or other competent authority. It can also be referred as “Freezing”.

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Historical Background
The issue of arms regulation dates back to the early 20th century, with the establishment of the League of
Nations. The League sought to control the manufacture and trade of arms through the establishment of an
international arms registry and the creation of a disarmament commission. However, these efforts were largely
unsuccessful, and the failure to regulate arms ultimately led to the outbreak of World War II.

In the aftermath of the war, the UN was established with the primary goal of promoting international peace and
security. The UN Charter recognized the importance of arms control and disarmament, and the organisation has
since taken various steps to regulate the manufacture, trade, and use of weapons. These efforts have included
the adoption of the Nuclear Non-Proliferation Treaty, the Biological Weapons Convention, and the Chemical
Weapons Convention, among others.

Despite these efforts, the issue of arms regulation remains a significant challenge. The proliferation of small
arms and light weapons continues to fuel conflicts and violence in many regions of the world. According
to the UN, there are an estimated 875 million small arms and light weapons in circulation, with an additional 10
million manufactured each year. These weapons are often used to commit human rights abuses, fuel terrorism,
and destabilise fragile states. In 2001, the United Nations Programme of Action to Prevent, Combat, and
Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (PoA) was adopted, which focused
on reducing the availability of SALW.

Key Areas of Concern

Relation between illicit drug trafficking and firearm trafficking


For the original version(s), refer to the following link -: https://www.unodc.org/documents/commissions/CND/Drug_Resolutions/2000-
2009/2008/CND_Res-2008-11e.pdf
http://scm.oas.org/pdfs/2008/CP20844ONUINGLES.pdf

“Recalling the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of
1988,68 in the preamble of which the parties to the Convention recognized the importance of strengthening and
enhancing effective legal means for international cooperation in criminal matters for suppressing the international
criminal activities of illicit traffic,
Recalling General Assembly resolutions 56/24 V of 24 December 2001, 57/72 of 22 November 2002, 58/241 of
23 December 2003 and 59/86 of 3 December 2004 and decision 60/519 of 8 December 2005,
Mindful that the Economic and Social Council, in its resolution 1991/38 of 21 June 1991, on the terms of
reference of the Commission on Narcotic Drugs considered that the Commission should apply an integral and
balanced approach to the drug problem, considering all its aspects, and called upon the Commission to review

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the implementation of the Global Programme of Action adopted by the General Assembly at its seventeenth
special session,
Recalling General Assembly resolution 50/148 of 21 December 1995, in which the Assembly reaffirmed the
danger and threat posed to civil society by drug trafficking and its links to, inter alia, transnational crime, money-
laundering and the arms trade, and encouraged Governments to deal with that threat and to cooperate to
prevent the channelling of funds to and between those engaged in such activities,
Noting that the General Assembly, in section IV of its resolution 50/148, on the proposal for an international
conference to combat the illicit production, sale, demand, traffic and distribution of narcotic drugs and
psychotropic substances and related activities, stressed that the Commission on Narcotic Drugs should take into
account that the proposed conference should focus, with a balanced and integral approach, inter alia, on the
assessment of existing strategies, as well as on the consideration of new strategies, methods and practical
measures and concrete actions to strengthen international cooperation to address the problem of illicit drugs,
including the combat against criminal organizations and illicit arms trade related to drug trafficking.”

Homicide Related to Other Criminal Activities

Due to its direct impact on public security, homicide committed by “professional” criminals often
attracts the full attention of law enforcement agencies and the criminal justice system. But the relationship
between other criminal activities, particularly the most clandestine among them, and homicidal violence is not a
straightforward one. Homicides committed while perpetrating other crimes such as robbery (homicide is not the
primary goal) show constant trends and levels across regions, while trends and levels of homicides related to
organized criminal groups (homicide is instrumental and premeditated) vary over time and by region.
The share of homicides related to organized criminal groups out of total homicides is highest in the Americas
and lowest in Asia. In developed countries with low homicide rates, homicides related to organized criminal
groups are stable or decreasing, whereas they are on the increase in countries with high homicide rates. Also of
note is the extreme gender bias towards male victims in homicides related to organized criminal groups. In the
Americas, for example, 96 per cent of the victims of this type of homicide are male.

Organized crime/gang-related homicide

When looking at proportions of homicides related to gangs and organized criminal groups (according to national
police statistics from several countries in three regions), a relatively clear pattern emerges.
The median proportion of organized crime/gang-related homicides is highest in the Americas and lowest in Asia,
but one should note the existence of different criteria in the classification of homicides linked to organized crime.
Moreover, the fact that organized crime/gang-related homicides are more prevalent in the Americas does not
necessarily mean that organized crime or gangs are more prevalent there than in Europe or Asia. Rather,
violence is often linked to competition between involved parties, such as organized criminal groups, or between
them and the State, with regard to control over territory or illicit activities, including trafficking. Such groups
in the Americas may be experiencing higher levels of conflict with each other, or with the State, than
organized criminal groups in other regions, which though they may also be active, may have reached a level of
stability or control over their territory and resources that does not generate the same level of visible violence.

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Possible Solutions
UNODC has identified several areas of improvement and has continually suggested measures pertaining to such
issues. Some selected solutions have been categorised and listed below to indicate the nature of past
“solutions”, but it should not be treated as all-inclusive and exhaustive.

Improving Data Quality and Surveys


Possible arenas to explore -
:
● Encouraging a wider range of countries to participate and provide data for studies conducted by UNODC,
● Improving national capacities to collect and report data via encouraging greater comparability and
consistency of national data collection systems and methods,
● Facilitate regular exchanges of information on firearms trafficking, including on diversion risks,
● Reassessing some aspects of the conventional wisdom about trafficking in firearms.

Early Detection and Identification of Illicit Firearms


Possible arenas to explore -:

● Enhancing border control and risk profiling capacities, with due consideration to developing two distinct
legal concepts for the two phenomena,
● Keeping “close track of seizures” by customs authorities at land border crossings, airports, and harbours
on the one hand,
● Systematically recording, aggregating, and analysing tracing results for seized firearms.

Tracing & Seizure


Possible arenas to explore -:

• Systematically tracking and reporting on their efforts to establish the illicit origin of firearms seized in
crime, with a view to investigate and prosecute the illicit trafficking offence,
• Setting up centralised databases that can help conduct tracing and support investigation of their possible
illicit origin,
• Enhancing mechanisms and capacities for effective national as well as international tracing.

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Questions a Resolution Must Answer (QARMA)
1. What is/are the main causes of proliferation of small weapons, and how can they be addressed?

2. What international regulatory or monitoring mandates are currently set in place, and how effective are
they?

3. What, if any, relation is there between illicit drug trafficking and illicit firearms trade? How to address it?

4. What other crimes and illegal activity are facilitated by increment in illicit trading and trafficking of small
arms and light weapons? And how do these crimes vary by region?

5. What are the regional trends observed in context to the proliferation of small arms, and how can they be
mitigated?

6. What incentives should be provided to armed groups to decommission their arms and ammunition?

7. How can UNODC ensure better implementation and a higher quality of adherence to the obligations in
certain international conventions?

8. How can member states work on reforming criminal justice systems to ensure proper attention is given to
the nature of origin and the mechanism used in procurement of firearms ceased because of seizure
efforts?

9. How can states work together to address the issue of arms regulation, and what role can the UN play in
promoting international cooperation on this issue?

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Bibliography
https://www.unodc.org/unodc/en/firearms-protocol/index.html.

https://www.un.org/en/sections/issues-depth/human-rights/

https://www.unodc.org/southernafrica/en/sa/about.html.

https://www.un.org/en/about-us/universal-declaration-of-human-rights.

https://www.unodc.org/documents/organized-crime/Firearms/ITI.pdf.

https://www.unodc.org/southeasterneurope/en/overview.html.

https://www.unodc.org/documents/SDGs/SDG_Brochure_FINAL_24-02-2020.pdf.

https://www.unodc.org/documents/data-and-

analysis/Firearms/2020_REPORT_Global_Study_on_Firearms_Trafficking_2020_web.pdf.

https://www.unodc.org/documents/organized-crime/Firearms/ITI.pdf

https://press.un.org/en/2008/sc9316.doc.html

https://www.unodc.org/unodc/en/firearms-protocol/the-firearms-protocol.html

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