Guy Lamb, Programme Head: Arms Management Programme, ISS Tshwane (Pretoria)

The arms trade arguably intensifies and prolongs violent conflicts. The persistent armed conflicts in the eastern regions of the Democratic Republic of Congo (DRC), the Darfur region of Sudan and Somalia warrant a focus on the dynamics of the international arms trade, in particular, the manner in which armed non-state groups secure arms and military equipment. All three of the above conflict areas are currently subject to United Nations (UN) Security Council arms embargos.

There is no international instrument that regulates the international arms trade, and hence the legality of arms transfers is determined by the national legislation of the exporting, transit and recipient states, as well as by international arms embargoes. The legal trade typically entails government-to-government transfers where the required import and export documentation is provided, and neither the importer nor exporter are subject to an arms embargo. The illicit trade generally involves arms transactions where one or more of the parties have an arms embargo imposed against it, and/or are operating in violation of arms control legislation.

Both aspects of the arms trade can include transport agents and middlemen and/or brokers, with arms being transported either by land, water (river/lake/ocean) or air. Those who facilitate illegal transactions often attempt to disguise them as legitimate trade by means of forged documentation, or conceal arms in consignments of innocuous goods. On some occasions arms are disassembled and the different component parts are transported separately to the final destination.

In the case of Darfur, the eastern DRC and Somalia, UN Security Council sanctions committees have implicated certain states in the violation of the arms embargos, where rebel groups have been supplied with arms from the governments of neighbouring countries. In the DRC, Rwanda and Uganda have been implicated in gun-running to rebel groups in the eastern DRC. In the case of Somalia, UN Security Council reports have consistently indicated that a number of governments have transferred weapons to Somali factions in violation of the UN arms embargo, such as Ethiopia, Djibouti, Eritrea and Yemen. The UN has implicated both the governments of Sudan and Chad in the supplying of arms to non-state armed groups operating Darfur.

Government stockpiles and national armed forces are also sources of arms and ammunition for rebel groups. For example, a November 2008 UN Security Council report suggested that one of the main rebel groups operating in the eastern DRC acquires most of its weapons and ammunition during offensives against the DRC government armed forces. With respect to Somalia, the UN estimates that 80% of all foreign arms and military equipment supplied to the Transitional Federal Government (TFG) of Somalia are diverted to the private sector, Somali arms markets and non-governmental armed groups. In addition, morale within the TFG armed forces is low, and that deserters often sell their arms and ammunition to Somali arms markets, which are then typically supplied to insurgent groups.

Several arms control and disarmament strategies with respect to small arms and light weapons have been established in Africa at the national, regional and continental levels. These agreements have sought to, amongst other objectives: make the illicit production and possession of small arms a criminal offence; ensure/promote the destruction of stocks of surplus weapons; and introduce tighter control measures over weapon stockpiles and arms transfers. The most noticeable arms control activities in Africa have been arms collection and destruction. Countries like Kenya, Mozambique, Rwanda, South Africa and Uganda have destroyed large quantities of small arms and ammunition that were surplus, obsolete and/or confiscated by security forces. States have also made progress in areas such as the development of national arms control action plans and marking of small arms and light weapons. However, concerted efforts with respect to strengthening the security of government weapons stockpiles, particularly in the Great Lakes region and the Horn of Africa is essential to limiting the access of insurgent groups to arms. In addition, African states should more consistently adhere to UN Security council arms embargos.