Legislation, Institution-Building and the Control of Small Arms and Light Weapons in Africa

Abstract

There is no doubt that there is proliferation of Small Arms and Light Weapons (SALWs) in Africa, which is attributable to various factors such as increased incidents of armed robbery, activities of militants, religious and ethnic fundamentalism, among others. Widespread possession of arms had led to general insecurity in Africa. The evidence from Nigeria, which is adopted as a case study for this chapter, shows that heightened strife in the country represents a whopping 7.5 per cent of Africa’s illegal arms and 70 per cent of the West African sub-region’s SALWs, 90 per cent of which are in the hands of non-state actors. However, the situation only promises to grow worse with the influx of weapons from the residue of the conflicts in Libya and Mali. The chapter undertakes an analysis of arms control legislation in Nigeria, by illuminating their substance, application and challenges. Some of the legislation are: the Firearms Act, Terrorism (Prevention) Act 2011, Criminal Code Act, and Robbery and Firearms (Special Provisions) Act. As a subsidiary to national legislation and institution-building for arms control, the chapter also takes stock of the regional and continental protocols for arms control. The chapter reveals that municipal legislation is limited by local politics—for instance, the failure of Nigeria’s National Assembly to pass the National Commission against the Proliferation of Small Arms and Light Weapons Bill has hampered the arms control regimen in the country. Similarly, a bill to amend the archaic 1959 Firearms Act that regulates the use of firearms in the country has been at the National Assembly without passage. The chapter recommends strengthening community policing in all states to complement the Nigeria Police Force in combating the proliferation of illicit sale of light arms and small weapons in communities; partnership with local manufacturers and providing alternative trade craft as well as building synergy with security agencies and the community to curb illicit SALWs; the political will on the part of the government to increase security at all borders and sea ports to put an end to illicit SALWs, provide support and training for security operatives. The chapter concludes that proliferation of arms poses serious threats to Nigeria’s fledgling democracy, undermines her security and stability, sustainable development and the rule of law. Curbing this menace demands not only legislation and law enforcement but creativity, tact, public education, commitment and high motivation on the part of law enforcement personnel as well as proper funding.