June 2012
1. Preamble
Libya is currently going through a sensitive stage of its modern history: the transition from revolution to a state in the contemporary sense of the term, which the 17 February Revolution set out to achieve.
Given the chaos that Libya experienced during the revolution and the disintegration of what few state institutions remained, particularly the security and military institutions, weapons spread widely beyond the control of the official institutions that emerged from the 17 February Revolution. No observer of the situation in Libya can fail to see the extent and the harmful effects of this uncontrolled spread of weapons of all kinds, heavy and light.
The Cordoba Foundation of Geneva therefore submits this proposal for a decision by the National Transitional Council establishing a national body to register and regulate the possession of arms.
2. The need for a comprehensive approach
At international level, the term “small arms and light weapons” (SALW) is used (see the definition in the appendix). Many programmes have been launched in South America, Africa, Asia, Eastern Europe and Ireland to reduce the circulation of small arms and light weapons in societies moving from war to peace, because of the risks that the circulation of weapons poses to the transition process as a whole.
International experience has shown that a policy of reducing the circulation of small arms and light weapons may face difficult challenges arising from the following demands:
1. The demand for symbolic, material and social recognition by the government and society as a whole of the sacrifices made by the revolutionaries;
2. The demand for the rehabilitation of arms bearers and their reintegration into civilian or military life;
3. The demand for the establishment and consolidation of legitimate authority and for it to overcome the dangers of counter-revolution;
4. The demand for national political consensus, so that citizens or groups (political parties, intellectual blocs or tribal groupings) do not fear that handing over their weapons would endanger their security by creating an imbalance of power.
The reduction of the circulation of small arms and light weapons should therefore not be approached in isolation from the core processes of the transitional period, namely:
A. National reconciliation (NR)
B. Post-conflict reconstruction (PCR)
C. Disarmament, demobilisation and reintegration (DDR)
D. Security sector reform (SSR)
These processes are complex, since they involve political, military, security, humanitarian, social and economic dimensions.
3. Tasks of the body
1. To register and locate weapons of all types (heavy, medium and light).
2. To develop the legislation, mechanisms and means to place heavy and medium weapons under the control of the competent official bodies (the Ministry of Defence, the General Staff and the Ministry of the Interior).
3. To collect light weapons from citizens, with the exception of officially licensed personal weapons.
4. To set up a secure system of depots to receive the weapons collected.
5. To develop appropriate short- and medium-term strategies and plans to deal with the spread of weapons and their movement in and out across the borders.
6. To raise general awareness of the dangers of the spread of weapons.
4. Working principles of the body
1. To work within the framework of the national legislation (existing or new) governing the work of the body;
2. To work in coordination with the various transitional programmes;
3. To work on the principle of partnership and cooperation with all those concerned (the Ministry of Defence, the General Staff, the Ministry of the Interior, the Customs Authority, the National Council, local councils, military councils, the revolutionaries and civil society organisations);
4. To cooperate with official international bodies, including the United Nations, and with international NGOs experienced in this field, in order to benefit from previous international experience and build national expertise.
5. Organisation of the work of the body
1. Once mandated, the body shall draw up internal rules in accordance with the decision establishing it and the national legislation in force.
2. The body shall propose an administrative structure covering Libya’s cities, taking into account the staff needed to carry out its tasks.
3. The body shall propose the budget needed to achieve its objectives, in consultation with the bodies concerned.
6. Appendix: definition of small arms and light weapons
Small arms are weapons designed for individual use. They include revolvers and self-loading pistols, rifles and carbines, sub-machine guns, assault rifles and light machine guns.
Light weapons are weapons designed for use by two or three persons serving as a crew, although some may be carried and used by a single person. They include heavy machine guns, mortars of calibres of less than 75 mm, hand grenades, hand-held, under-barrel and mounted grenade launchers, portable anti-aircraft and anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, and portable launchers of anti-aircraft missile systems.
Although light weapons are designed for use by armed forces, they have unique characteristics that make them particularly suited to irregular or guerrilla warfare. Mortars and anti-aircraft guns, for example, allow highly mobile operations that often cause heavy civilian casualties when used indiscriminately.
The low cost of small arms has put them within reach of non-state actors. Small arms need hardly any maintenance and so remain in service for 40 years or more. They are easily concealed, and even young children can use them with minimal training. Small arms and light weapons are not lethal without ammunition.
Ammunition, explosives and explosive devices are thus an integral part of the small arms and light weapons used in conflicts. Anti-personnel landmines are also counted among small arms, but the forthcoming United Nations conference on small arms will not address them, since they are dealt with as a separate issue in other international forums.
