Armed and insecure
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of USD 16,305 in small arms ammunition to Somalia, as well as a 2013 sale to Ghana of<br />
USD 434,846 (or 7.7 tons) in shotgun cartridges. 395<br />
International Arms Control Mechanisms<br />
For a nation with its diplomatic clout, Kenya’s record on international arms control<br />
regimes is underwhelming. Despite being one of the seven ‘co-author’ nations that spearheaded<br />
the process within the UN, Kenya has so far failed to even sign the Arms Trade Treaty, a stark<br />
discrepancy between rhetoric <strong>and</strong> practice. Kenya has been a State Party to the Mine Ban<br />
Treaty since 2001. 396 However, it has not joined the Convention on Conventional Weapons,<br />
though it signed the Convention on Cluster Munitions in December 2008—<strong>and</strong> has reportedly<br />
been indicating its commitment to ratification ever since. 397 Unsurprisingly, Kenya has signed<br />
<strong>and</strong> ratified the Nairobi Protocol, <strong>and</strong> in 2006 it signed the Geneva Declaration on <strong>Armed</strong><br />
Violence <strong>and</strong> Development. The nation has also signed <strong>and</strong> ratified the UN Firearms Protocol.<br />
As regards its implementation of the UN small arms commitments under the Programme of<br />
Action, Kenya was ranked 101 out of 159 Member States. 398 !<br />
Spotlight: Diversion <strong>and</strong> illicit trafficking in the seat<br />
of the Nairobi Protocol<br />
The diversion <strong>and</strong> illicit trafficking of small arms <strong>and</strong> ammunition has been a<br />
staple in Kenya for decades, <strong>and</strong> is a major contributor to its armed violence.<br />
The headquarters for the region’s most important arms control agreement, as<br />
the diplomatic seat of the Nairobi Protocol, Kenya has nonetheless struggled to<br />
keep SALW away from the h<strong>and</strong>s of violent individuals <strong>and</strong> groups. The Nairobi<br />
Protocol for the Prevention, Control <strong>and</strong> Reduction of Small Arms <strong>and</strong> Light<br />
Weapons in the Great Lakes Region <strong>and</strong> the Horn of Africa <strong>and</strong> Bordering States<br />
was rendered legally binding in 2004 <strong>and</strong> entered into force in May 2006; it<br />
currently has 15 members <strong>and</strong>, at least on paper, is among the world’s best small<br />
arms control documents. 399 An intergovernmental organisation, RECSA (Regional<br />
395 The largest volume of transactions went to the United States—between 2010 <strong>and</strong> 2013, over USD 1.1 million in ‘parts <strong>and</strong> accessories’ of various sorts of<br />
firearms were shipped—though it is improbable that these were commercial sales, but they may have been related to AMISOM or US deployments in Africa.<br />
396 Though “reporting that national legislation was in progress since 2004”, L<strong>and</strong>mine <strong>and</strong> Cluster Munitions Monitor, ‘Kenya, Mine Ban Policy’, www.themonitor.org/en-gb/reports/2016/kenya/mine-ban-policy.aspx.<br />
397 L<strong>and</strong>mine <strong>and</strong> Cluster Munitions Monitor, ‘Kenya, Cluster Munitions Ban Policy’, www.the-monitor.org/en-gb/reports/2016/kenya/cluster-munition-ban-policy.aspx.<br />
398 Small Arms Survey, ‘The Programme of Action Implementation Monitor (Phase 1)’, August 2012, www.smallarmssurvey.org/fileadmin/docs/B-Occasionalpapers/SAS-OP30-PoAIM.pdf.<br />
399 Burundi, CAR, Congo, DRC, Djibouti, Eritrea, Ethiopia, Kenya, Rw<strong>and</strong>a, Seychelles, Somalia, South Sudan, Sudan, Tanzania, <strong>and</strong> Ug<strong>and</strong>a: Small Arms<br />
Survey, ‘Regional Centre on Small Arms in the Great Lakes Region, the Horn of Africa <strong>and</strong> Bordering States’, http://www.smallarmssurvey.org/tools/ro-poa/<br />
profiles-of-regional-organizations/africa/recsa.html. For the protocol’s text, see Programme of Action Implementation Support System, ‘Nairobi Protocol’, www.<br />
poa-iss.org/RegionalOrganizations/RECSA/Nairobi%20Protocol.pdf.<br />
PAX ! <strong>Armed</strong> <strong>and</strong> <strong>insecure</strong><br />
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