There is now an opportunity to further reduce illicit arms flows in this region, to monitor and prevent diversion of legal firearms and to help prevent future outbreaks of armed violence.
A national control systems refers to a set of procedures, laws and common definitions, along with specifically identified organisations or individuals to serve as national points of contact.
The main elements of the national control systems therefore require governments to:
- Identify and formally nominate an individual or agency to serve as the National Point of Contact;
- Define and maintain a national “Control List” which is a set of definitions of the main categories of weapons, weapons systems, munitions, ammunition, and parts and components used by state security and defence forces;
- Refine legislation, and procedures to ensure that the country is in compliance with international, regional and sub-regional obligations; and
- Develop an inter-agency coordination mechanism to ensure that the national control system functions effectively.
The Arms Trade Treaty (ATT) and the Pacific
Five Pacific countries have become full States Parties to the Treaty: Samoa, Tuvalu, Palau, Australia and New Zealand. Three others are signatories with the intention to ratify: Kiribati, Nauru and Vanuatu.
The ATT presents a unique opportunity for Pacific Island countries to share their experience with meaningful disarmament and effective arms control regimes. Given the relatively low level of arms transfers in the region, meeting the requirements of the Treaty does not pose a significant institutional, financial or legal barrier. In fact, ratification and accession can be achieved relatively quickly and easily.
Identifying gaps
and opportunities
- Pass a new trade law to meet the requirements of the ATT
- Join and implementing the ATT
- Amend the firearms law to include the standards of the UN small arms Programme of Action (UNPoA)
- A simple but effective licensing and transfer database capable of tracking and reporting on arms and ammunition
- Set up an interagency coordination team
Filling the gaps
Amendments
For a consultation draft law for Cook Islands which meets ATT requirements, please contact:
agee@armedviolencereduction.org.
In most countries, existing legislation does not adequately address the evolving nature of the global arms trade. For example, arms brokering has become a central component of international arms transactions, creating a host of extra-judicial and trans-boundary issues. Effectively managing the activities of arms brokers is key to ensuring the protection of national security. The majority of existing arms regulations date from the 1960s or earlier and cannot effectively control the weapon trade of the 21st century. Another need is to prevent the diversion of arms to stem the flow of illegal weapons into this region.
Draft amendments which include standards of the UN small arms Programme of Action will be uploaded in the coming months.
National Control List
Download a draft of the Pacific Model Control List. Feedback on this proposed list is welcome to info@armedviolencereduction.org.
It is important for governments to identify and have clarity about the types arms and ammunition that its security and defence forces use. Much work has been done to develop expansive definitions of weapons, systems, ammunition, and parts and components. For example, the [Wassenaar Arrangement] maintains a comprehensive “military list” of definitions of conventional weapons, and these definitions are periodically updated to stay in line with technological advancements. For Pacific countries however, the definitions are far more expansive than necessary, as the vast majority of items covered have never been (and are not intended to be) a part of government inventories. To address this, the government of New Zealand has supported the development of the Pacific Model Control List – which is a streamlined set of descriptions that are more suited to the realities of Pacific governments and their security and defence forces.
The National Arms Transfers Database
Many Pacific Island States are installing the National Arms Transfer Database (NATD), which is a system designed in the Pacific, for the Pacific. Prior to the NATD, Pacific agencies have not had arms inventories or databases which meet international standards. As CAVR explored solutions to this problem over the past five years, we found that bespoke systems can cost upwards of US$1m, and have implications for long-term support costs, human and technological resources. The NATD information system is a solution to this. It provides a low-cost, technologically undemanding database offering governments fit-for-purpose record-keeping software to track international and national transfers (import, export, transit, transhipment, gift, loan, lease or private sales where permissible) of any conventional arms or munitions. It is fully customisable and modular in design, enabling state agencies to specify their own needs during the design phase. The NATD delivers a bespoke system that meets the day-to-day requirements of each arm of government.
For information about the NATD, see here.
Setting up an interagency coordination team
The ATT works best with a national coordinating mechanism, a key part of which is an interagency group to coordinate progress in meeting Treaty standards for each stakeholder. This platform enables relevant ministries, departments and agencies (for example defence, police, foreign affairs, customs, immigration, justice, corrections, attorney general’s office, civil society), to meet to discuss and implement arms control issues. Some States already have interagency security or International Humanitarian Law committees which are well suited to ATT coordination.
Cook Island
All below figures are for the most recent year recorded in GunPolicy.org. If any of these are outdated or incorrect, please email feedback@gunpolicy.org
Guns
- The estimated total number of guns (both licit and illicit) held by civilians is: 860
- The estimated rate of private gun ownership (both licit and illicit) per 100 people is 2.5
- The number of registered guns is reported to be 500
Firearm Imports
- Firearm and ammunition imports are limited by transfer control law
- The annual value of small arms and ammunition imports is reported by Customs to be $1,523 in the most recently reported year
Firearm Regulation
- The regulation of guns is categorised as restictive
- Guiding gun control legislation includes Arms Ordinance 1954 and Crimes Act 1969
Restricted Firearms and Ammunition
- Since 1992 no civilians may lawfully acquire, possess or transfer a firearm or ammunition
International Controls
- The Arms Trade Treaty has not been signed nor acceded to by Cook Islands
- The United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition has not been signed by Cook Islands
- On 21 July 2001, Cook Islands committed to a consensus decision of the United Nations to adopt, support and implement the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA)
- Under the terms of its 2001 commitment to the United Nations small arms Programme of Action, Cook Islands has yet to submit a national report on its implementation of the UNPoA