Statement by
Dr. Desra Percaya
Representative of the Indonesian Delegation
at
General Debate
of the Open-ended Working Group to Negotiate an
International Instrument to Enable States to Identify
and Trace, in a Timely and Reliable Manner, Illicit Small Arms
and Light Weapons

New York, 15 June 2004

Mr. Chairman,

First of all allow me on behalf of my delegation to join others who have spoken before me in commending you on your assumption as Chairman of this Open-ended Working Group. Let me also avail of this opportunity to extend our support and cooperation during the course of our deliberations and negotiation toward an international instrument for identifying and tracing of illicit small arms and light weapons as mandated by General Assembly resolution 58/241. It is of our view that the establishment of this Working Group is a significant step in the implementation of the 2001 UN Programme of Action in SALW.

As widely acknowledged, many negative consequences associated with the excessive and uncontrolled spread of illicit SALW constitute a potential danger and serious threat to the international peace and security. Therefore, we truly believe that States have the primary responsibility for solving the problem of illicit trade in SALW in all its aspects. However, States need close cooperation, at regional and international levels, in order to prevent, combat and eradicate the illicit acquisition of SALW.

In this regard, we would like to express our appreciation for the valuable contribution made by the Group of Governmental Experts as contained in its Report. We agree with the view of the Group that existing levels of cooperation at bilateral, regional and multilateral levels in tracing illicit SALW, particularly in conflict situations, are far from adequate. For that reason, there is a need to identify possible new mechanisms and arrangements to enhance cooperation in tracing illicit SALW.

Nevertheless, we should recognize that the task for tracing of illicit SALW should remain a national prerogative given the wide divergence in terms of legislation, practices, methods and contents. And, taking into account the wide variations at the national level, it is possible for member states to identify various common minimum standards with regard to marking, record-keeping and international cooperation in order to facilitate the process of tracing the illicit trade in SALW.

Mr. Chairman,

As regards the scope and implications of a tracing mechanism for SALW, we are faced with the problem of exchange of information concerning production, sale and distribution due to national security considerations. Yet, it is important to trace the origins of weapons that are lost from military stockpiles, their unauthorized possession and use by criminals, terrorists or separatist groups as well as those violating UN imposed arms embargoes.

For these efforts to succeed, regional and international cooperation is crucial, even mandatory. This is because, as many of us have learnt from experience, the sources of illicit weapons could be neighboring countries or distant continents. Lines of supply are often long and complex, even murky, as they cut across a wide spectrum from the legal to the black market transactions.

Hence, if an effective system to prevent the flow of illicit arms for illegitimate purposes is to be devised, it is first of all necessary to recognize the importance of adequate marking with its own characteristic features. Likewise, reliable and readily available record-keeping covering the period from manufacture through transit to its final destination would facilitate investigation and prevent possible losses or illegal uses. These could be augmented by mechanisms that would enable relevant authorities to trace the origins and lines of supply of illicit weapons.

In our view, an international mechanism for tracing illicit weapons would be integral to the 2001 UN Programme of Action of SALW. This would strengthen and facilitate inter-state cooperation in identifying and tracing illicit flow of these arms in a timely and reliable manner. We anticipate that such an instrument would be global in scope and compliment the relevant provisions of regional agreements. More importantly, this instrument should take into account the right of each State to manufacture or import such weapons for national security reasons.

While such an instrument is technically feasible and politically desirable, in order to trace such weapons quickly and precisely, it is important to keep records of all transactions - national and international, the registration of all relevant information and the maintenance of a national contact point to exchange information with other countries, as foreseen in the UN Programme of Action.

It should also conform to the documentation to prevent their deviation or diversion from legitimate destination. Furthermore, it is important to recognize that tracing often raises sensitive political and security issues, both in the national and international contexts. This calls for clear guidelines, rules and procedures before embarking upon any tracing exercise.

As regards the nature of such an instrument that is, whether it would be a legally binding treaty or a political agreement, we fully recognize the existence of difference views among Member States. We also aware that the UN Programme of Action is a political document reached as a result of consensus and any follow-up measures must also be political in orientation. Considering these facts, our initial view is that a political agreement containing provisions for common minimum standards would appear to be a viable alternative. Ultimately, however, taking into account the increased danger posed by these weapons, an international instrument of a legal nature would become imperative.

Mr. Chairman,

For Indonesia, the fights against individuals and organizations that trade illicit SALW is a national priority. These illicit activities foster separatist tendencies and promotes criminal activities. Therefore, it has implications to our territorial integrity and national security. The tragic incident that took place in October 2002 in Bali has proven the link between arms smuggling to terrorism and other forms of organized crimes. That's why their unregulated circulation is no longer tenable, and in fact, would be detrimental to our national interests, in particular, to internal stability.

At the national level, a number of laws and regulations are already in effect. By these laws and regulations, firearm ownership and trafficking are being monitored and controlled by the National Police through fire arms control laws that require registration and permit, import and export procedures and enhanced cooperation from personnel in other agencies such as the Customs, Navy and Army. All purchases of these firearms either from our national manufacturers or foreign sources must be properly licensed prior to their sale or use. Accordingly, our manufacturers have also applied proper marking, identification, storage and documentation to meet international standards.

However, since Indonesia is an archipelagic state, this has caused geographical constraint that limit the capacity of authorities to take effective measures, to gather information or to manage coordination in our efforts to effectively control the flow of illicit SALW. Thus, international cooperation and assistance is required with respect to this limited domestic capacities for initiating and responding to trace the trafficking of such weapons.

Our basic approach since the 2001 UN Conference is the strengthening of national controls related to manufacturers and dealers authorized by the Government and augmenting national legislation and control over the possession, use and transfer of SALW in order to stem the illegal flow of these arms. Equally important, is strengthening regional mechanisms while seeking international cooperation in the technical and financial fields in relevant areas.

Thank you, Mr. Chairman.