32/21 Human rights and the regulation of civilian acquisition, possession and use of firearms

GE.16-06217(E)



Human Rights CouncilThirty-second session Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Human rights and the regulation of civilian acquisition, possession and use of firearms

Report of the United Nations High Commissioner for Human Rights

Summary

In its resolution 29/10, the Human Rights Council requested the United Nations

High Commissioner for Human Rights to submit a report on the different ways in which

the civilian acquisition, possession and use of firearms have been effectively regulated,

with a view to assessing the contribution that such regulations make to the protection of

human rights, in particular the right to life and security of person, and to identify the best

practices that may guide States to further develop relevant national regulation. The present

report is submitted pursuant to that request.

I. Introduction

1. In its resolution 29/10, the Human Rights Council requested the United Nations

High Commissioner for Human Rights to submit a report on the different ways in which the

civilian acquisition, possession and use of firearms have been effectively regulated, with a

view to assessing the contribution that such regulations make to the protection of human

rights, in particular the right to life and security of person, and to identify the best practices

that may guide States to further develop relevant national regulation.

2. To prepare the report, the Office of the United Nations High Commissioner for

Human Rights (OHCHR) sought inputs from Member States, international and regional

organizations, national human rights institutions and non-governmental organizations.1 The

report further draws on a diverse range of public sources, including international and

regional instruments, the practice of United Nations human rights mechanisms and reports

of regional and humanitarian organizations, civil society, scholars and practitioners.

3. In the present report the High Commissioner provides an overview of the impact of

the misuse of firearms on the enjoyment of human rights. Placing the topic within a broader

context of regulation of civilian access to firearms, he examines the different ways and

means that the civilian acquisition, possession and use of firearms have been regulated at

the international, regional and national levels, discussing, where relevant, their efficiency

and elements of best practices. He concludes with a number of conclusions and

recommendations.

4. There is no internationally agreed definition of the term “firearms”.2 “Firearms”

encompasses both “small arms” and “light weapons”; however, no agreement exists on

what types of arms fall into either subcategory. The principal reference regarding the scope

of “small arms” and “light weapons” is the one provided in the 1997 report of the Panel of

Governmental Experts on Small Arms (see A/52/298). Furthermore, instruments related to

firearms refer to “civilian access to firearms”, “civilian possession of firearms” and

“civilian ownership of firearms” in a general sense and as shorthand for a more complex set

of rules covering the acquisition, possession and use of firearms. In the present report,

“civilian access” encompasses all three components: acquisition, possession and use.

1 Contributions were received from Australia, Bahrain, Belgium, Burkina Faso, Burundi, Colombia,

Ecuador, Egypt, El Salvador, Estonia, France, Greece, Honduras, Jamaica, Madagascar, Mauritius,

Montenegro, Morocco, New Zealand, Paraguay, Peru, the Philippines, Romania, Senegal, Spain,

Switzerland, Turkmenistan, the United Kingdom of Great Britain and Northern Ireland and Uruguay,

the International Small Arms Control Standards Inter-Agency Support Unit, the Office of the

Ombudsman of Montenegro and Women’s International League for Peace and Freedom. All

contributions are available on the OHCHR website.

2 The term is used in Human Rights Council resolution 29/10 and in the Protocol against the Illicit

Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition,

supplementing the United Nations Convention against Transnational Organized Crime and the Inter-

American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition,

Explosives, and other Related Materials. Other documents, including reports of United Nations bodies

such as the Panel of Governmental Experts on Small Arms, and regional instruments, such as

agreements adopted by the Economic Community of West African States (ECOWAS) and the

Southern African Development Community (SADC), refer to “small arms and light weapons”.

II. Impact of the misuse of firearms on the enjoyment of human rights

5. It has been widely recognized that firearms are the main tool used to commit acts of

violence and crime (A/HRC/14/24/Add.7). The Secretary-General has described them as

“weapons of mass destruction” (see A/54/2000, para. 238). Firearms are more widely used

than any other weapon.3 While the rate varies from region to region, recent estimates

suggest that approximately 41-46 per cent of all homicides involve firearms.4 About 86 per

cent of homicides using firearms are deaths in non-conflict settings.5 These estimates do not

factor in suicides committed with firearms or deaths by firearms in conflict settings.6

6. Assessments of violence committed with the use of firearms are often based on rates

of homicide and recorded conflict deaths and do not typically include the non-fatal

consequences of firearm use. To fill this gap, the Secretariat of the Geneva Declaration on

Armed Violence and Development has undertaken research and found that at least 754,000

individuals are victims of non-fatal firearms injuries every year.7 Other negative and long-

term consequences of firearms that are less documented include non-physical harm such as

psychological trauma and stress, the effects of which can be felt even when a firearm is

only used to threaten.8 In addition, there is a growing awareness of the economic costs of

armed violence.9 One study assessed the economic impact of violence containment on the

world economy at $9.46 trillion or 11 per cent of gross world product.10 These figures show

that access to firearms and their unlawful use pose a risk of significant harm to human life

in various ways.

7. The submissions received from States and other stakeholders following calls for

contributions to the present report helped build a better understanding of the direct and

indirect impact of firearms on human rights. The submissions confirm that firearms lead to

a broad range of acts which can affect a wide variety of human rights. They highlight the

types of crime and violence in which firearms have been used, including homicides,11

serious injuries, including those causing disability,12 rape and other sexual violence,

robbery, theft, assault, abduction, torture, forced displacement and domestic violence.13

Some States reported that the majority of criminal violence on their territory was committed

3 United Nations Office on Drugs and Crime (UNODC), Global Study on Homicide (Vienna, 2013),

pp. 15-16.

4 Ibid., pp. 15-16. UNODC estimates 177,000 deaths in 2012, while the secretariat of the Geneva

Declaration on Armed Violence and Development, in Global Burden of Armed Violence 2015: Every

Body Counts, estimated an annual average of nearly 197,000 deaths for the period 2007-2012.

5 Geneva Declaration, Global Burden, chap. 2.

6 Neither the UNODC nor the Geneva Declaration study includes “self-inflicted death” committed with

a firearm in their calculations. According to the World Health Organization (WHO), in 2012 alone

there were some 800,000 suicides, with firearms accounting for up to 46 per cent of them in some

parts of the world. See www.smallarmssurvey.org/about-us/highlights/highlights-2014/rn44-firearm-

suicides.html and WHO, Preventing Suicide: A Global Imperative (Geneva, 2014), p. 24.

7 Geneva Declaration, Global Burden, p. 73. See also www.globalburdenofinjuries.org and A. Alvazzi

del Frate, “a matter of survival: non-lethal firearm violence”, in Small Arms Survey 2012: Moving

Targets (Geneva, 2012), pp. 78-105.

8 Geneva Declaration, Global Burden, p. 91.

9 Ibid., chap. 5.

10 Institute for Economics and Peace, The Economic Cost of Violence Containment (2014).

11 France.

12 Peru and Estonia.

13 Ecuador and Burkina Faso.

with firearms.14 Women and children were found frequently to be victims of firearm-related

violence.15

8. Other submissions highlighted the dramatic consequences of the widespread

availability and misuse of firearms, including changing the fates of individuals and even

entire communities,16 engendering a general sense of insecurity and fear, exacerbating

crimes17 and encouraging individuals to arm themselves for self-defence and defence of

their property.18 Daily life lived with the fear and threat of violence from firearms also has

psychological consequences such as trauma19 and insecurity.20 Field surveys in one State

showed that more than half the population was living in a state of fear of being attacked by

a person with a gun.21

9. Many States agreed that deaths and injuries resulting from firearm-related violence

were a major human rights issue.22 It was stated that firearms were “the primary medium”

of human rights violations and abuses23 and that violence was often encouraged by the

ready availability and abundance of firearms.24 States argued that the listed forms of

violence and crime, and the harm they caused, often constituted violations of the right to

life, security25 and physical integrity and of the rights to liberty and protection from

torture,26 among others.27 One State pointedly stated that the misuse of firearms affected the

entire spectrum of human rights.28

10. Economic, social and cultural rights affected by firearms include the rights to

health,29 education, an adequate standard of living and social security and the right to

participate in the cultural life of the community (see E/CN.4/Sub.2/2003/29, para. 13).

There is also a concern that insecurity caused by firearm-induced violence leads to the

diversion of investment, a negative impact on productive assets such as tourism and family

disintegration.30 Insecurity has been identified as a main cause of poverty.31 Moreover,

States asserted that the misuse and availability of firearms could have an indirect and

continued impact on access to the right to an adequate standard of living32 as a result of the

economic burden on families of those injured and killed.33 The sheer impact of firearms on

14 Honduras, Jamaica and Peru.

15 Burundi.

16 Estonia.

17 Philippines.

18 Burkina Faso and Women’s International League for Peace and Freedom, regarding Cameroon.

19 Estonia.

20 Burundi.

21 Burkina Faso.

22 Burkina Faso, Burundi, Ecuador, Estonia, Honduras, Jamaica, Madagascar, Mauritius, Montenegro,

Peru, the Philippines and Senegal. See also the reports of the Special Rapporteur on the prevention of

human rights violations committed with small arms and light weapons (E/CN.4/Sub.2/2002/39,

E/CN.4/Sub.2/2003/29, E/CN.4/Sub.2/2004/37 and Add.1 and A/HRC/Sub.1/58/27).

23 Peru.

24 Honduras.

25 Bahrain, Burundi, Ecuador, Egypt, Montenegro and Morocco; Office of the Ombudsman of

Montenegro.

26 Jamaica.

27 Peru.

28 Estonia.

29 Estonia, Honduras, Peru and the Philippines.

30 Honduras.

31 Madagascar.

32 Burundi.

33 Burundi.

individuals and communities is of such scale and complexity that a human rights lens is

warranted in examining it.

III. Regulation of civilian access to firearms and its legal parameters

11. The present section describes steps taken within the United Nations in relation to

small arms and provides an overview of relevant international human rights law and related

findings of international and regional human rights mechanisms and of sectoral regional

agreements and instruments as well as national legislation on the civilian access to firearms.

Summarizing the different ways and means of regulating civilian acquisition, possession

and use of firearms also helps to identify common standards and best practices in this area.

A. Setting the context

12. In 2001, the United Nations Conference on the Illicit Trade in Small Arms and Light

Weapons in All Its Aspects adopted a programme of action in which it expressed grave

concern about the excessive accumulation and uncontrolled spread of firearms.34 On the

demand side, with respect to civilian access to firearms, international debates have so far

been premised on the recognition that firearms possession on its own is not the cause of

violence; rather, it is their irresponsible and illegal use that increases their lethality and

raises concern. Driving factors behind the concern over firearms proliferation in private

hands include a growing awareness of the harms and risks generated by uncontrolled and

excessive availability of firearms, the rise in the number of intra-State conflicts, violence in

non-conflict settings with firearms used as the weapons of choice35 and the privatization of

security provision.36 The majority of firearm users are civilians, who are also the primary

victims of firearm violence. According to a 2007 estimate, 650 million firearms out of the

estimated 875 million in existence were owned by civilians.37

13. In its report the Panel of Governmental Experts on Small Arms identified regulation

of civilian access to firearms as key to addressing transborder illicit flows of firearms.

Diversion of privately owned firearms that have been stolen or lost is one of the major

sources of supply. Stopping diversion requires tracking legal possession and trade of

firearms and ensuring greater accountability of legal firearm owners for their responsible

use. For international and national strategies aimed at curbing illicit trade to be effective,

measures need to be in place to track privately owned firearms. To that end, the Panel of

Governmental Experts stressed that measures to control civilian possession of firearms at

the national level should be complemented by concerted international action to combat

illicit circulation of firearms.38 It recommended that all States should determine in their

34 Meanwhile, international normative and policy efforts have also achieved significant progress in

terms of standard-setting on the arms supplier side in the areas of arms transfers and combating illicit

circulation. The entry into force of the landmark Arms Trade Treaty in 2014 is one example.

35 Estimates suggest that only a small proportion (approximately 13 per cent) of all deaths by firearm

occur during conflicts. See Geneva Declaration, Global Burden, chap. 2.

36 On the relationship between private security firms and protection of the right to life, see the report of

the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/29/37/Add.1).

37 According to the Small Arms Survey, gangs own 2 million-10 million firearms, private security

companies own 1.7 million-3.7 million and non-State armed groups own 1.1 million-1.8 million.

Research Notes: Armed Actors, No. 9, September 2011.

38 Despite the absence of a commitment in the Programme of Action to regulate the issue of civilian

possession of firearms at the national level, at the Third Biennial Meeting of States to Consider the

national laws which arms are permitted for civilian possession and the conditions under

which they can be used; that they have adequate laws, regulations and administrative

procedures to exercise effective control over the legal possession of small arms and light

weapons and over their transfer in order to prevent illicit trafficking; and that States

emerging from conflict should, as soon as practicable, impose and enforce licensing

requirements for all privately owned firearms on their territory (see A/52/298, para. 80).

B. International human rights law

1. Due diligence obligations to protect human rights

14. Human rights law requires States to protect human rights with due diligence, which

entails the obligations to prevent and sanction harmful private activity that impairs the

enjoyment of human rights. In particular, the Human Rights Committee, in its general

comment No. 31 (2004) on the nature of the legal obligations on States parties to the

International Covenant on Civil and Political Rights, stated that those obligations would

only be fully discharged if individuals were protected by the State, not just against

violations of Covenant rights by its agents, but also against acts committed by private

persons or entities that would impair the enjoyment of Covenant rights insofar as they were

amenable to application between private persons or entities. The Committee further noted

that there might be circumstances in which a failure to ensure Covenant rights as required

by article 2 would give rise to violations by States parties of those rights, as a result of

States parties’ permitting or failing to take appropriate measures or to exercise due

diligence to prevent, punish, investigate or redress the harm caused by such acts by private

persons or entities (see also E/CN.4/1995/42, para. 102).

15. For example, the right not to have one’s life taken arbitrarily implies an obligation

on the part of States parties to take reasonable steps to prevent situations that could result in

the violation of the right to life.39 Accordingly, this right generates the positive obligation to

prevent killing by private individuals and non-State actors in certain situations. It also

implies putting in place effective criminal law provisions to deter commission of offences.40

The State is thus under an obligation to take measures to prevent known, real and

immediate risks to the life of an identified individual or individuals from the criminal acts

of a third party.41 Finally, a broad approach to defining the content of the due diligence

obligation in relation to the right to life also encompasses “access to the conditions that

guarantee a dignified existence”.42

2. Due diligence obligations of States and civilian access to firearms

16. United Nations human rights bodies and mechanisms have examined and further

articulated the human rights implications of the use of firearms by private entities,

including for the due diligence obligations of States.

Implementation of the Programme of Action, held in 2008, the issue of civilian possession of small

arms and light weapons was considered by some States to be important to the implementation of the

Programme of Action (see A/CONF.192/BMS/2008/3, outcome document, para. 28 (g)).

39 Inter-American Court of Human Rights, Velásquez-Rodriguez v. Honduras, judgment of 29 July

1988, para. 172.

40 European Court of Human Rights, Akkoç v. Turkey, judgment of 10 October 2000, paras. 77-78.

41 Ibid.

42 Inter-American Court of Human Rights, Case of the “Street Children” (Villagrán-Morales et al.) v.

Guatemala, judgment of 19 November 1999, para. 144.

Charter-based human rights bodies

17. Charter-based United Nations human rights bodies have referred to civilian access to

firearms for the past 16 years.43 The Sub-Commission on the Promotion and Protection of

Human Rights appointed a Special Rapporteur in 2002 to undertake a comprehensive study

on the prevention of human rights violations committed with small arms and light

weapons,44 resulting in draft principles on the prevention of human rights violations

committed with small arms which were endorsed by the Sub-Commission and annexed to

its resolution 2006/22.

18. The draft principles systematically address States’ obligations to prevent human

rights abuses committed by private actors. They anchored the need to regulate private

access to firearms in the right to life, liberty and security of persons and in the need to

promote the human rights of all persons by preventing foreseeable small arms violence

through appropriate measures to regulate small arms possession and use by private actors.45

The list of measures to prevent small arms violence by private actors include, inter alia,

licensing requirements to prevent the possession of arms by persons who are at risk of

misusing them; authorizing the possession of small arms for specific purposes only and

their use strictly for the purpose for which they are authorized; and the periodic renewal of

licences.

19. The draft principles further stipulate that before issuing a licence, Governments shall

require training in the proper use of small arms and take into consideration, at a minimum,

the applicant’s age and mental fitness, the purpose for which the firearm is intended, and a

prior record of criminal activity, misuse of firearms or acts of domestic violence. The draft

principles also call upon States to exercise controls over the manufacturing of small arms;

mark firearms for the purpose of identifying them and tracing their movements; implement

legislative or other measures to ensure the investigation and prosecution of persons

responsible for the illegal manufacture, possession, stockpiling or transfer of small arms;

and criminalize the misuse of small arms and their unlawful possession as well as acts of

domestic violence.

20. In resolution 2006/22, the Sub-Commission also stressed that the protection of

human rights must be central to the development of further principles and norms regarding

the availability, transfer and misuse of small arms and light weapons. It underlined the due

diligence obligation of States to reduce small arms violence by private actors, including the

obligation to prevent firearms from getting into the hands of those who were likely to

misuse them. To that end, States were encouraged to adopt effective measures, such as laws

and policies, regarding the possession, transfer and use of small arms and light weapons

that complied with the principles of international human rights and international

humanitarian law. It also encouraged United Nations bodies, human rights monitors in the

field and non-governmental organizations to report specifically on any human rights

violations committed with firearms.

21. The Special Rapporteur on violence against women, its causes and consequences has

also discussed the topic in some detail in the context of the protection of women’s rights. In

1996, the Special Rapporteur addressed civilian possession of firearms in a study dedicated

43 Including most recently in 2014 and 2015 by the Human Rights Council in resolutions 26/16 and

29/10.

44 E/CN.4/Sub.2/2002/39, E/CN.4/Sub.2/2003/29, E/CN.4/Sub.2/2004/37/Add.1 and

A/HRC/Sub.1/58/27.

45 The draft principles refer in this context to paragraph 5 of Economic and Social Council resolution

1997/28 and resolution 9 adopted by the Ninth United Nations Congress on the Prevention of Crime

and the Treatment of Offenders.

to identifying a framework for comprehensive legislation on domestic violence (see

E/CN.4/1996/53/Add.2, para. 38). The Special Rapporteur recommended including a

provision on automatic revocation of firearm licences in such legislation (see

E/CN.4/1999/68, para. 57).

22. The Special Rapporteur has examined concrete cases where firearms have caused or

exacerbated human rights abuses (see A/HRC/17/26/Add.5 and Corr.1, para. 10 and

A/HRC/20/16, para. 68) and where the possession and use of arms (see

E/CN.4/2005/72/Add.2, para. 80) as well as their proliferation (see E/CN.4/2005/72/Add.3,

para. 10) were factors that generated and sustained violence and gender-based

discrimination (see A/HRC/29/27/Add.1, para. 30). While women suffered “hostile gun

displays” as a form of interpersonal violence (see A/HRC/17/26/Add.5 and Corr.1,

para. 10), easy accessibility of firearms also contributed to suicides among females (see

A/HRC/4/34/Add.2, paras. 77-79). The Special Rapporteur further examined the issue of

firearms in the context of cultural family practices. Looking into forms of masculinity, she

noted that “unless there is public education and campaigns to try and counter the negative

images of violent men as ideals for a society, the heroic male stereotype in many societies

may still be the one carrying the gun. Such an ideal has serious consequences for women

(see E/CN.4/2002/83, para. 108)”. She further noted that other, seemingly non-gendered

practices, such as a gun culture, also had consequences for gender-based violence (see

E/CN.4/1999/68/Add.2, para. 48).

23. In all these cases, the Special Rapporteur recommended that the use of firearms

should be regulated and their misuse criminalized as measures to end impunity for violence

against women. In addition, remedies for victims of domestic violence should include

enhancing firearms control measures by ensuring an adequate background-check system to

capture all relevant elements that determine an individual’s suitability for gun possession;

periodic review of licences to determine continued suitability; clear gun removal policies

when intervening in domestic violence cases, including the possibility of removing guns

after the first notification of a domestic dispute; and the criminalization of the illegal sale of

firearms and of failure to report stolen guns (A/HRC/17/26/Add.5).

24. Finally, the issue of civilian access to firearms has been raised within the framework

of the universal periodic review (see A/HRC/30/12, paras. 176.230-176.233 and

A/HRC/30/11, paras. 125.40 and 125.43). In addition to expressing concern over firearm-

related deaths and injuries, States recommended general measures to eliminate violence

committed using a firearm and to tackle the proliferation of firearms, as well as specific

steps such as expanding personal background checks for all persons seeking to acquire a

firearm, enhancing oversight over private security companies and putting in place stronger

safeguards to protect the safety of individuals.

Treaty-based United Nations human rights bodies

25. Treaty bodies have addressed three issues related to the use of firearms by private

entities: the negative impact of firearms on human rights; the need to regulate civilian

access to firearms; and the human rights parameters of firearm transfers.

Negative impact of firearms on human rights

26. The Committee on the Rights of the Child has stated in its general comment No. 9

(2006) on the rights of children with disabilities that the availability and accessibility of

small arms and light weapons is a major cause of disability. The impact of violence

committed with the use of firearms has also been considered by the Human Rights

Committee in the context of the protection of minorities, women and children, with

reference not only to the right to life, but also to the right to equality and non-discrimination

(see CCPR/C/USA/CO/4, para. 10). The Committee on the Elimination of Discrimination

against Women, in its general recommendation No. 30 (2013) on women in conflict

prevention, conflict and post-conflict situations similarly expressed concern that the

proliferation of firearms has had a direct or indirect effect on women as victims of conflict-

related gender-based violence, as victims of domestic violence and also as protesters or

actors in resistance movements.

Need to regulate civilian access to firearms

27. Treaty bodies have emphasized prevention and interpreted the content of the general

obligation to reduce harm and risks to individuals associated with the proliferation of

firearms and their potential misuse. For instance, the Human Rights Committee has found

that the obligation to effectively protect also requires efforts to curb violence that include

the continued pursuit of legislation requiring background checks for all private firearm

transfers (see CCPR/C/USA/CO/4, para. 10).

28. The Committee has also stated that the protection of the right to liberty and security

of person as provided in article 9 of the International Covenant on Civil and Political Rights

involved measures of control over civilian ownership of firearms (see CCPR/C/79/Add.50,

para. 17).46 The Committee has taken this provision to mean that the protection of

individuals from foreseeable threats to life or bodily integrity includes the duty of States to

protect their populations against the risks posed by excessive availability of firearms.47 The

significant number of small arms and light weapons has also been identified as a risk to the

safety of populations, particularly children (see CRC/C/OPAC/BIH/CO/1, para. 23). The

Committee on Economic, Social and Cultural Rights, concerned at the high number of

suicides in a particular State, examined the easy accessibility of firearms in its analysis of

the scope of the right to the enjoyment of the highest attainable standard of physical and

mental health in that country. The Committee recommended that the State take measures to

restrict access to firearms (see E/C.12/CHE/CO/2-3, para. 19).

29. The Committee on the Elimination of Discrimination against Women has read the

regulation of civilian possession of firearms into due diligence obligations stemming from

article 2 of the Convention on the Elimination of All Forms of Discrimination against

Women. To discharge its obligation of due diligence, a State was urged to enact legislation

that strictly regulated the possession of small arms and to sanction violations (see

CEDAW/C/PAK/CO/4, para. 14 (d)). The Committee held that robust and effective

regulation of the arms trade, in addition to appropriate control over the circulation of

existing and often illicit conventional arms, including small arms, to prevent their use to

commit or facilitate serious acts of gender-based violence was needed (ibid., para. 29; see

also CCPR/C/PHL/CO/4, para. 14).

30. Similarly, the Committee on the Rights of the Child has linked measures to prevent

proliferation of firearms with the obligation to protect the right to life (see

CCPR/C/PHL/CO/4, para. 14) as well as the right of children to safety and security (see

CRC/C/OPAC/LKA/CO/1, paras. 44-45). The problem of firearms has also been raised in

the context of the right of the child to freedom from all forms of violence. While

characterizing conditions where guns and other weapons were easily available as harmful

environments for children, the Committee, in its general comment No. 13 (2011) on the

right of the child to freedom from all forms of violence, reaffirmed that States had the duty

to incorporate the protection of children into legislative, administrative, social and

educational measures and at all stages of intervention, from prevention to recovery and

reintegration.

46 See also general comment No. 35 (2014) on article 19 (liberty and security of person), para. 9.

47 Ibid.

31. The Committee against Torture has also expressed the view that strict national

firearm control measures are necessary. In particular, it has approached the issue by looking

at the regulation of firearm users. The Committee, examining irregularities in the approval

of firearm licences whereby licences have allegedly been granted indiscriminately and the

firearms obtained therewith used to commit offences prohibited by the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, recommended

that a State should strengthen the administrative measures necessary to control the

indiscriminate issuance of firearms licences (see CAT/C/GUY/CO/1, para. 7). The

Committee on the Rights of the Child has expressed a similar view. Concerned about the

proliferation of firearms in a State, and particularly about the high proportion of children

carrying them (see CRC/C/OPAC/BGD/CO/1, para. 23),48 the Committee considered that it

was imperative to take all necessary measures to ensure that children did not have access to

small arms and/or light weapons and that those already in possession of weapons be

disarmed (ibid., para. 24).

32. In view of the continuing high numbers of gun-related deaths and injuries in a State,

the Human Rights Committee enjoined it to take all necessary measures to abide by its

obligation to effectively protect the right to life and to curb gun violence, including through

the continued pursuit of legislation requiring background checks for all private firearm

transfers in order to prevent possession of arms by persons recognized as prohibited

individuals under the law; ensure strict enforcement of the relevant domestic legislation;49

and review the “stand your ground” laws to remove far-reaching immunity and ensure strict

adherence to the principles of necessity and proportionality when using deadly force in self-

defence (see CCPR/C/USA/CO/4, para. 10).

33. The Committee on the Rights of the Child expressed appreciation for States’ efforts

to collect small arms and light weapons in the hands of civilians (see

CRC/C/OPAC/BIH/CO/1, para. 24 (a) and (b) and CRC/C/OPAC/MNE/CO/1, para. 24) as

well as measures aimed at raising awareness on the risks and dangers of firearms, which

were elements of effective national arms control. The Human Rights Committee has

emphasized the imperative of weapon collection schemes in post-conflict settings (see

CCPR/C/AGO/CO/1, para. 12). Other recommendations made by the Committee on the

Rights of the Child regarding measures to curb the proliferation of private possession of

firearms have included international and regional cooperation with respect to the control of

and eradication of surplus small arms and light weapons, including those in the possession

of the civilian population (see CRC/C/OPAC/BIH/CO/1, para. 24 (a) and (b)). As a

measure of prevention, the Committee, in general comment No. 4 (2003) on adolescent

health and development in the context of the Convention on the Rights of the Child, also

recommended that States strictly control firearms in discharging its obligation to prevent

interpersonal violence. It further stated that one way to exercise strict governmental control

was by imposing controls on the illicit sale of firearms complemented by a policy to

eradicate and control the informal availability of firearms (see CRC/C/SLV/CO/3-4,

para. 32 and CRC/C/OPAC/LKA/CO/1, paras. 44-45).

34. In examining the information provided by a State regarding the non-proliferation of

small arms, the Human Rights Committee expressed regret that the statistical data provided

on the number of crimes committed involving small arms, investigations undertaken,

prosecutions made, sanctions imposed on those responsible and measures taken to protect

its population against the insecurity caused by small arms were insufficient. The Committee

recommended that the State strengthen measures to collect small arms held by the

48 On the general question of the overproliferation of small arms in general, see CRC/C/SDN/CO/3-4,

paras. 74-75.

49 For example, the Domestic Violence Offender Gun Ban of 1996 (the Lautenberg Amendment).

population and to reduce insecurity in its territory and further consider reinforcing its

legislation in order to combat illegal possession and use of small arms (see

CCPR/C/AGO/CO/1, para. 12). The Committee requested information from another State

on the number of victims of gun violence and on the steps taken to protect human rights

from risks associated with the proliferation of firearms (see CCPR/C/USA/Q/4, para. 9).

Human rights parameters of firearms transfers

35. Treaty bodies have also developed the human rights parameters of firearms

transfers, thereby acknowledging the human rights dimension of the illicit and unregulated

trade in firearms. The Committee on the Rights of the Child, for example, recommended

the application of criteria based on the Convention on the Rights of the Child to the transfer

of firearms. These include requiring regular public reporting on the export of firearms; a

prohibition on exporting to countries where children are known to have been or are

involved in armed conflict (see CRC/C/OPAC/UKR/CO/1, paras. 25-26);50 application of

general human rights criteria; an assessment of the impact that the export of weapons

export has on the rights of children (ibid.); integration of a child-rights perspective in

measures taken to prevent arms trafficking (see CRC/C/OPAC/BGD/CO/1, para. 24);

adherence to the international framework on the illicit manufacturing of and trafficking in

firearms, their parts and components and ammunition (see CRC/C/OPAC/EGY/CO/1,

para. 32); and criminalization of illicit activities related to the manufacturing and trafficking

of firearms (ibid.).51

3. Regional human rights bodies

36. The Inter-American Commission on Human Rights addressed the issue of the

availability of firearms in its thematic report on security and its relationship to human

rights,52 in which the Commission provided an overview of the situation and proposed

recommendations designed to assist member States in implementing their human rights

obligations in this area. The Commission noted that the large numbers of firearms in private

hands had contributed to violence against women, children, adolescents, indigenous

populations and Afro-descendants. To address those complex problems, the Commission

recommended that effective measures be adopted to guard against actions by private parties

that threatened the right to life by addressing the factors that enabled violent behaviour to

breed and multiply within society, especially those that controlled and reduced the number

of firearms in private hands. The obligation to protect human rights also required regulating

the activities of private security firms, in particular by establishing a public record of the

weaponry carried by those firms and requiring that their employees be certified by the

competent State agencies to show that they are qualified for their employment and that they

have the physical and psychological aptitude and training (especially in the use of firearms)

necessary to perform these types of tasks.

50 See also in this regard CRC/C/OPAC/MNE/CO/1, para. 25; CRC/C/OPAC/BEL/CO/1, para. 20-21;

CRC/C/OPAC/KGZ/CO/1, paras. 8-9; CRC/C/OPAC/MDA/CO/1, paras. 14-15;

CRC/C/OPAC/USA/CO/2, para. 41; CRC/C/OPAC/EGY/CO/1, para. 32; CRC/C/OPAC/BLR/CO/1,

paras. 20-21; CRC/C/OPAC/MKD/CO/1, para. 19; CRC/C/OPAC/CAN/CO/1, para. 14;

CRC/C/OPAC/AUS/CO/1, para. 28; CRC/C/OPAC/BIH/CO/1, para. 24; CRC/C/OPAC/KOR/CO/1,

paras. 21, 22; CRC/C/ITA/CO/3-4, para. 72; CRC/C/OPAC/TUN/CO/1, paras. 17-18;

CRC/C/OPAC/CZE/CO/1, para. 19; and CRC/C/OPAC/GRC/CO/1, para. 18.

51 See also in this regard CRC/C/OPAC/BLR/CO/1, paras. 20-21; CRC/C/OPAC/MKD/CO/1, para. 19;

and CRC/C/OPAC/BIH/CO/1, para. 24.

52 Inter-American Commission on Human Rights, Report on Citizen Security and Human Rights,

OEA/Ser.L/V/II, Doc. 57, 31 December 2009, para. 218.

C. Regional agreements and instruments regulating civilian access

to firearms

37. A large number of binding and non-binding regional agreements and instruments

have been developed to address the civilian acquisition, possession and use of firearms. The

following texts have been developed in Africa: Bamako Declaration on an African

Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms

and Light Weapons (2000); Protocol on the Control of Firearms, Ammunition and Other

Related Materials in the Southern African Development Community Region (2001);

Economic Community of West African States (ECOWAS) Convention on Small Arms and

Light Weapons, their Ammunition and other Related Materials (2001); Nairobi Protocol for

the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great

Lakes Region, the Horn of Africa and Bordering States (2004); and Central African

Convention for the Control of Small Arms and Light Weapons, their Ammunition and all

Parts and Components that can be used for their Manufacture, Repair and Assembly (2010).

38. In the Americas, the Andean Plan to Prevent, Combat and Eradicate Illicit Trade in

Small Arms and Light Weapons in all its Aspects (2003) was developed. The European

Union adopted Directive 91/477/EEC on control of the acquisition and possession of

weapons (1991) and its amending Directive 2008/51/EC. In the South Pacific, the Legal

Framework for a Common Approach to Weapons Control, also known as Nadi Framework

(2000), was developed. In regions that have no common legal framework on firearms,

model legislation has been developed to assist and inform national efforts to regulate,

among other things, possession of firearms by civilians. Notable in this regard are the Arab

Model Law on Weapons, Ammunitions, Explosives and Hazardous Material (2002) and the

Commonwealth of Independent States Model Law on Weapons (1997).53

39. The statements of purpose provided in the preambles to these regional agreements

and instruments constitute a helpful guide to the rationale behind the regulation of civilian

access to firearms. For example, in the preamble to Directive 91/477/EEC, the Council of

the European Communities asserts that the rules contained in the Directive will generate

mutual confidence in the field of the protection of the safety of persons. In its convention

ECOWAS refers to the excessive and destabilizing accumulation of small arms and light

weapons as well as their proliferation as the context for regional regulation. In the Nairobi

Protocol the Ministers of Foreign Affairs of the participating States addressed the well-

being of the population in the subregion and their right to live in peace. In the Nadi

Framework the signatories established as the founding principle the possession and use of

firearms as a privilege that is conditional on the overriding need to ensure public safety. In

the preamble to the Central African Convention the signatory States recall, among other

things, the Convention on the Elimination of All Forms of Discrimination against Women

and Security Council resolutions on children and armed conflict. These references confirm

the link between firearms control and human rights and support the approach adopted by

the treaty bodies.

40. A comparative analysis of these normative instruments reveals common elements

with regard to the regulation of civilian access to firearms: the requirement of national

regulations stipulating conditions under which civilians may acquire, possess and use

firearms; the requirement to establish sanctions for offences involving the misuse or

unlawful possession of firearms; and international cooperation between member States in

areas regulated by the respective instrument. All except the Bamako Declaration and the

Andean Plan prohibit unrestricted access to firearms by civilians, while only the SADC

53See www.iacis.ru/upload/iblock/ceb/057.pdf.

Protocol, the ECOWAS Convention, the Nairobi Protocol and the Central African

Convention ban civilians from accessing automatic or semiautomatic firearms.

41. All but the Bamako Declaration and the Andean Plan envisage the following

normative elements: the establishment of a licensing system for the civilian acquisition,

possession and use of firearms; record keeping; marking and tracing of firearms;

regulations restricting the right of the owner to relinquish control, use or possession of a

firearm; and monitoring and auditing of licences. The ECOWAS Convention and the

Central African Convention require member States to impose a limit on the number of

weapons a licence may cover. Among notable innovative practices, the Central African

Convention envisages a subregional electronic database that will help verify the validity of

licences granted at the national level for the possession of, carrying, use and trade in

firearms by civilians.

42. Taken together, the African regional instruments commit 46 States to robust

regulation of the civilian acquisition, possession and use of firearms. European Directive

91/477/EEC commits 27 States to a strong firearms control framework, while the Nadi

Framework and the Andean Plan commit 11 States. Together, these instruments cover four

regions and 84 countries. The common standards across regions not only help to clarify

elements of best practices, but also contribute to the consolidation of minimum standards in

the area, including with regard to the protection of human rights.

43. The Coordinating Action on Small Arms mechanism established by the Secretary-

General has developed guidance on appropriate control measures, building on the standards

described above, best practice guidelines and model regulations that have been developed at

the regional and subregional levels. The standards, reflected in International Small Arms

Control Standard I03.30 on national regulation of civilian access to small arms and light

weapons, provide comprehensive guidance on the acquisition, possession and use of

firearms.54

D. National legislation applicable to the civilian access to firearms

44. Many of the State contributions to the present report referred in detail to existing

national legislation and other measures and initiatives taken to ensure respect for and

protection of human rights in the context of civilian access to firearms. Analysis of these

submissions showed that while all concerned States had legislation on civilian acquisition,

possession and use of firearms, the degree of regulation varied greatly. The main approach

of national regulations has been to attempt to strike a balance between legitimate firearm

ownership and the interests of public safety and health and, importantly, to ensure the

protection of human rights. National regulations generally allowed civilian access to

firearms for such limited purposes as self-defence, sport shooting, subsistence or

professional hunting, agriculture, forestry and species management and for cultural, historic

or scientific reasons.

45. To date, a systematic and evidence-based analysis of the impact of firearms control,

particularly as it relates to the occurrence of firearm-related violence (both fatal and non-

fatal), is lacking. According to the United Nations Office on Drugs and Crime Global Study

on Homicide, “at the national level, firearm and knife legislation restricting availability,

accessibility and use has been implemented in various countries with varying degrees of

success in preventing or reducing homicides committed with such weapons”.55 Studies

54 See www.smallarmsstandards.org/isacs/0330-en.pdf.

55 UNODC, Global Study, p.18.

conducted at the regional level provide some understanding of the success of regulatory

measures designed to restrict the proliferation of private ownership of firearms and their

impact on the reduction in firearms-related death and violence.56 In several European

countries, research has suggested that low firearm homicide rates point to a certain level of

association between firearm ownership and firearm homicide.57 In the Americas, the Inter-

American Commission on Human Rights noted in its report that “the most successful

experiences in crime prevention in the Hemisphere have focused mainly on dealing with the

factors that make violence a recurring problem at the local level. These efforts have

involved measures to … regulate private possession of firearms.”58 It should be noted,

however, that other factors may need to be taken into account, including the adoption

alongside specific firearm legislation of a range of other measures in the field of criminal

law, education and social programmes.

46. In the framework of the present report, some States have provided a self-evaluation

of their respective domestic firearms regulations and how they contribute to the protection

of human rights. The majority of those States that responded on those questions indicated

that the regulation of civilian access to firearms had led to a reduction in homicides caused

by firearms59 and better protected the rights to life and security60 and physical integrity of

the person.61 Furthermore, many States concurred in their responses that the very

establishment of a legal framework to control the possession of firearms has helped prevent

firearm-related violations.

47. Among the States providing specific examples of self-evaluation, the United

Kingdom of Great Britain and Northern Ireland indicated that owing to the strict firearms

regulations in the country, only 29 fatalities had resulted from offences involving firearms

in the period 2013-2014. Australia noted that a there had been an ongoing, gradual decrease

in the misuse of firearms and that research had found that a government firearms-buyback

programme had cut suicides with the use of a firearm by 74 per cent. Honduras noted that

the regulations it had adopted between 2000 and 2013 to control firearms had shown

positive results. In Jamaica, national legislation had provided a critical framework for the

establishment and implementation of standards and a framework to regulate the possession,

use, transfer and disposal of civilian firearms.

48. The effectiveness of firearms control also depends on the enforcement mechanism in

place. Thus, in the view of Madagascar, the effectiveness and impact of national regulation

depends on the dissemination of public information on the content of the firearms

56 European Commission, Evaluation of the Firearms Directive, final report, 2014 and N. Duquet and

M. Van Alstein, Firearms and Violent Deaths in Europe (Brussels, Flemish Peace Institute, 2015).

For studies at the national level, see N. Duquet and M. Van Alstein, Gun Control in Belgium:

A Review of Effects of the 2006 Weapons Law (Brussels, Flemish Peace Institute, 2015); Government

of Canada, “Firearms, accidental deaths, suicides and violent crime: an updated review of the

literature with special reference to the Canadian situation”; working document, September 1998,

chap. 8, available from www.justice.gc.ca/eng/rp-pr/csj-sjc/jsp-sjp/wd98_4-dt98_4/p8.html; People’s

Assembly (South Africa), Infographic: evaluating the impact of firearm regulation on gun-homicides,

2014, available from www.pa.org.za/blog/infographic-evaluating-impact-firearm-regulation-g;

D. Cerqueira and J. M. P. de Mello, Pontifical Catholic University of Rio de Janeiro (Brazil),

Department of Economics, “Evaluating a national anti-firearm law and estimating the causal effect of

guns on crime”, available from www.econ.puc-rio.br/pdf/td607.pdf.

57 UNODC, Global Study, p. 69.

58 Inter-American Commission on Human Rights, Report on Citizen Security.

59 Belgium, Burundi and Mauritius.

60 Ecuador and Burundi.

61 Burkina Faso.

legislation and awareness-raising campaigns. In Montenegro, activities in the area of law

enforcement as well keeping electronic records up to date contributed to more efficient

performance in this sensitive field.

49. In this regard, States also responded that data were collected on the misuse of

firearms,62 either through a registry of firearms63 or as part of the criminal justice system.64

Such data were used to monitor licensing,65 approve sanctions for illicit possession, and

generate or monitor trends in rates of offending;66 they were also used to indicate how those

trends informed national and local67 strategies to reduce and eradicate armed violence68 and

for the purposes of investigation and prosecution69 as well as international and regional

cooperation.70

50. While noting the positive impact of strict firearms control measures, some States

indicated that the transnational challenges, such as the cross-border flows of small arms and

light weapons and illegal acquisitions coming from conflicts in neighbouring countries,71

hampered national efforts.72 Other challenges that were identified included Internet sales of

firearms and new technologies (see A/CONF.192/BMS/2014/1 and A/CONF.192/

BMS/2014/2). It was suggested that such transnational challenges required coordinated

international action.73

IV. Conclusions and recommendations

51. The submissions received from States and other stakeholders and the

observations of human rights bodies and mechanisms point to a correlation between

civilian access to firearms, including lawfully acquired weapons, and levels of violence

and insecurity, including in non-conflict settings. Firearm violence causes death, non-

fatal physical injuries and psychological trauma, frequently leading to severe

disability and an overall decline in a sense of public safety. Firearms-related injuries

generate costs in terms of medical treatment, mental health services and criminal

justice. There are also direct links between civilian access to firearms and violence

against women and domestic violence more generally.

52. Firearms-related violence and insecurity therefore pose direct risks to the

rights to life, security and physical integrity, and also affect other civil, political,

social, economic and cultural rights such as the rights to health, education, an

adequate standard of living and social security and the right to participate in cultural

life (see A/54/2000, paras. 238-239 and E/CN.4/Sub.2/2002/39, para. 16). Given the

potential harm and devastating impact of the misuse of firearms on the enjoyment of

human rights, public policies with respect to civilian access to firearms should be

reviewed and formulated through a human rights lens.

62 Burkina Faso, Jamaica, Montenegro, the United Kingdom, Romania and the Philippines.

63 Colombia, Paraguay and Peru.

64 Estonia, Mauritius, the United Kingdom and Switzerland.

65 Mauritius.

66 New Zealand.

67 The United Kingdom, Madagascar and New Zealand.

68 Burkina Faso.

69 The Philippines, Honduras and El Salvador.

70 Montenegro.

71 Burkina Faso.

72 Burkina Faso.

73 The United Kingdom.

53. Human rights law requires States to protect people from harmful private

activities and to adopt appropriate regulatory and institutional frameworks. In the

light of the harmful impact of firearms-related violence on a range of human rights,

the High Commissioner reiterates the call of United Nations and regional human

rights mechanisms for States to regulate the civilian acquisition, possession and use of

firearms. Alongside preventive measures, States must provide victims of firearms

violence with effective measures of protection and reparation, including access to

adequate health care to ensure that they have the best possible chances of survival and

rehabilitation. In particular, States must protect women and children who are

particularly affected by the harmful impact of both lawful and illicit firearms

possession.

54. On the basis of State practice, international and regional agreements and

instruments and human rights mechanisms, the following measures that contribute to

the protection of human rights can be identified:

(a) Adoption of adequate laws, regulations and administrative procedures to

exercise effective control over the legal possession of firearms by all persons and

companies under a State’s jurisdiction through licensing, registration, monitoring,

auditing and mandatory training;

(b) Creation of a licensing system that lays down clear criteria with respect

to a previous criminal record, relevant restraining orders or mental health conditions

in order to prevent persons who pose a significant risk of misusing firearms from

possessing them;

(c) Imposition of appropriate penalties and/or administrative sanctions for

offences involving the misuse or unlawful possession of firearms, the illicit sale of

firearms and the unauthorized international transfer of firearms.

55. Firearm violence and the underlying proliferation of firearms, including illicit

firearms, must be systematically measured, monitored and reported. While the

primary responsibility lies with State authorities, United Nations and regional bodies

and mechanisms and members of civil society, including human rights defenders, play

an important role in this regard. States should systematize monitoring of and

reporting on human rights violations and abuses committed with or facilitated by

firearms, including the human rights impact of civilian access to firearms. Findings

and recommendations of the United Nations mechanisms provide a useful baseline in

this regard.