The Scope and Implications of a Tracing Mechanism for Small Arms ...

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training and technical assistance necessary to enhance their ability to
implement the Protocol.
As noted in section 1.2, the UN Programme of Action also includes a
number of politically-binding commitments to promote cooperation in
SALW tracing. Participating States undertake to “strengthen the ability of
States to cooperate in identifying and tracing in a timely and reliable
manner illicit small arms and light weapons” (II, paragraph 36), and to
“cooperate with each other, … and, where appropriate, with relevant
international, regional and intergovernmental organizations, in tracing illicit
small arms and light weapons, in particular by strengthening mechanisms
based on the exchange of relevant information” (III, paragraph 11). They
also commit “to establish or designate, as appropriate, a national point of
contact to act as liaison between States on matters relating to the
implementation of the Programme of Action” (II.5), and to establish or
designate a similar point of contact within sub-regional and regional
organizations for the same purpose (II.24).
These are useful norms and standards, but will require elaboration and
systematic follow-up if practical gains are to result. 43 Only the obligations to
identify national and regional contact points are sufficiently specific to
provide a clear focus for efforts to promote subsequent implementation. In
a well-functioning national tracing system, it is increasingly normal to expect
a response to a tracing request within hours, or at least within a few days.
But there is, as yet, no guidance on this and other key issues in the above
instruments—such as which authorities can legitimately expect cooperation
with a tracing request and what information can reasonably be expected. 44
Some regional initiatives contain more significant commitments with
respect to tracing than their global counterparts. 45 The OAS Convention
contains virtually the same obligations to cooperate in tracing (Article XIII.
3) and to identify a national body or single point of contact (Article XIV. 2)
as those found in the UN Firearms Protocol. However, it also provides for
cooperation through exchange of experience and training in the
“identification and tracing of firearms, ammunition, explosives, and other
related materials” (Article XV.2.a), and establishes a Consultative
Committee to promote and facilitate exchange of information and
experience with marking and tracing, among other matters (Article XX).
In the OSCE Document on SALW: