08.33373-1-
Permanent Mission of Algeria to the United Nations
New York
MPANY/No. 1871L.E./12008
The Permanent Mission of Algeria presents its compliments to the United Nations Secretariat, Department of Disarmament Affairs, and has the honour to transmit to it herewith the annual report for 2008 of the Algerian Government on the implementation of the United Nations Programme of Action to combat the illicit trade in small arms.
The Permanent Mission of Algeria takes this opportunity to renew to the Secretariat, Department of Disarmament Affairs, the assurance of its highest consideration.
New York, 30 April 2008
United Nations Secretariat
Department of Disarmament Affairs
(Conventional Arms Branch)
Office 3170 K
New York
People’s Democratic Republic of Algeria
Ministry of Foreign Affairs
National report 2008 on the implementation of:
The United Nations Programme of Action to Prevent, Combat
and Eradicate the Illicit Trade in Small Arms and Light
Weapons (SALW) in All Its Aspects;
and on the international instrument to enable States to identify and
trace, in a timely and reliable manner, illicit SALWs.
Contents
Chapter / PagePreface...... / 4
- Implementation of the UNPoA......
Introduction...... / 5
- Implementation at the national level......
- Implementation at regional level
- Implementation at global level
- Instrument on the tracing of arms......
Introduction...... / 21
Algerian regulations on tracing...... / 21
Implementation of the instrument...... / 22
Considerations on the tracing of munitions...... / 23
Annexes
I.Recapitulative table of the measures taken to put into effect the United Nations Programme of Action / 26
II.Recapitulative table of laws, regulations and administrative procedures concerning small arms and light weapons / 29
Preface
This report has been prepared in accordance with the recommendations accompanying the form of report distributed by the services of the United Nations Secretariat for the establishment of the annual report for 2008.
It covers both the United Nations Programme of Action to Prevent, Combat and Eradicate the
Illicit Trade in Small Arms and Light Weapons (SALW) in All Its Aspects (referred to as H.UNPoA) and the international instrument to enable States to identify and trace, in a timely and reliable manner, illicit SALWs. (referred to as Instrument on Tracing of Small Arms N.)
In addition, taking into account these same recommendations, this report describes all the measures taken by Algeria to implement the UNPoA from the time of its adoption in July 2001 to the present day (31 March 2008).
Chapter 1
Implementation of the UNPoA
Introduction
The United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, convened by the United Nations General Assembly under resolution 54/54 of 15 December 1999, was held in New York from 9 to 20 July 2001. It led to the adoption of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA)
Algeria took an active part in that conference and, like all the other countries present, adopted this Programme of Action. The UNPoA has given concrete form to the meritorious results of initiatives and efforts launched at regional and global levels to develop awareness within the international community of the need to combat the scourge of the proliferation of illicit trading in small arms.
Many initiatives have been taken at regional and subregional levels (see United Nations document A/CONF.192/15); Africa has taken nine (9) such initiatives – including (to mention only those in which all the countries of this continent have joined):
The decision of the former Organization of African Unity (OAU), adopted in June 1998, requesting its Secretary General to prepare a comprehensive report on the proliferation of small arms which would highlight the role the OAU should play in the coordination of the efforts being made to combat that problem in Africa;
The decision on the proliferation, circulation and illicit trafficking in small arms [AHG/Dec. 137 (XXXV)] taken by the Conference of Heads of State and Government of the OAU at its 35th ordinary session, held in Algiers from 12 to 14 July 1999 (see United Nations document A/54/424, annex II);
The Bamako Declaration on the proliferation, circulation and illicit trafficking of small arms, adopted by a ministerial meeting of the OAU held on 30 November and 1 December 2000 in Bamako (Mali) (see United Nations document A/CONF.192/PC/23).
At its 2001 annual session the United Nations General Assembly welcomed the adoption of the United Nations Programme of Action and requested all States to implement it (resolution 56/24 V).
In subsequent resolutions (57/72 and 58/241) it emphasized the importance of early and full implementation of the Programme.
Within this framework Algeria has established a National Focal Point to coordinate implementation of the Programme and has participated in the different regional and international meetings on the subject, namely:
the first and second biennial meetings on follow-up on the UNPoA by the United Nations, held in New York in July 2003 and July 2005;
the conference on the implementation, by the Arab States, of UNPoA, organized jointly by the United Nations and the League of Arab States and held on 16-18 December 2003 in Cairo (Egypt);
the first UNPoA review conference, held in New York from 26 June to 7 July 2006;
various other regional conferences and workshops organized in Africa and Europe, inter alia, in Windhoek (Namibia) and Vienna (Austria).
Algeria itself organized, together with United Nations, an Afro-Arab conference on the implementation of UNPoA, which took place in Algiers from 11 to 13 April 2005.
In addition, in order to ensure multilateral implementation of the UNPoA, the States parties to it have included in it a provision (paragraph 33 of section II) calling on the Secretary-General of the United Nations, through the Department of Disarmament Affairs, to collate and circulate data and information provided by States on a voluntary basis, including national reports, on implementation by those States of the Programme of Action.
In this context Algeria has regularly submitted reports on the implementation of UNPoA since 2003.
As stated in the preface, this report describes the situation with regard to the implementation by Algeria of all the undertakings, measures and recommendations for action laid down by the UNPoA and spelt out in its section II, entitled: “Preventing, combating and eradicating the illicit trade in small arms and light weapons in all its aspects”. That section contains 40 paragraphs, dealing with implementation at three levels:
• At the national level: paragraphs II.2-II.23, defining a wide range of measures, including:
the preparation and putting in place of laws (including penalties) and regulations of a nature to govern all questions relating to occupational activities connected with arms (manufacture, trading, import, export, brokering, transport, etc.) and acquisition, holding, bearing, use and loss;
the designation or establishment of national coordination bodies and institutions for the implementation of these regulations and programmes for the prevention and combating of illicit trafficking;
managing and ensuring safety of stocks of small arms, marking, registering and tracing arms, collecting and destroying illicit or surplus stocks of arms, disarming, demobilizing and reintegrating (ex-combatants, etc.);
• at the regional level: paragraphs II.24-II.31 lay down a wide range of measures, including the creation of points of contact at subregional and regional levels, cooperation, the adoption of relevant legally binding instruments, the adoption of moratoria, etc.;
• at the global level: paragraphs II.32-II.41 lay down a wide range of measures, on subjects such as the collation and circulation of data and information provided by States on a voluntary basis.
A.Implementation at the national level
Implementation of the UNPoA falls within the framework of the “national mechanism for monitoring and control of war material, arms, munitions and sensitive equipment”., including small arms. Algeria is endeavouring to perfect this mechanism in accordance with a plan of action drawn up by the different ministerial departments.
This plan of action provides, among other things, for:
The creation of a High National Council to evaluate and orientate measures and to frame general policies on the monitoring and control of war materials, arms, munitions, explosives and sensitive products and equipment;
The creation of an operational agency, based on the existing National Focal Point, with the task of coordinating preventive and combat measures directed against illicit trafficking and drawing up complementary regulations and relevant directives;
The updating and completion of existing regulatory mechanisms in this sphere;
The completion and automation of the national records of war materials, arms, munitions and sensitive equipment;
The preparation of an intersectoral programme of action on awareness development and prevention of the proliferation of arms.
1.National coordination agency (para. II.4)
Since April 2002 coordination of the implementation of the United Nations Programme of Action has been effected by the National Focal Point, which is attached to the Ministry of National Defence. It takes measures in concertation with the ministerial departments concerned, and in particular the ministries of the Interior, Foreign Affairs, Finance, Justice, Industry and Transport.
The location of the National Focal Point is:
Address: Ministry of National Defence, 7 avenue Taleb, Les Tagarins, Algiers (Algeria)
Tel.:+213 21 90 52 62
Fax:+213 21 90 52 08; +213 21 90 52 62
E-mail: nationalfocalpoint-algeria/a~ndn.dz
It should be pointed out that long before the adoption of the UNPoA in July 2001 machinery for interministerial coordination (an ad hoc committee) was established on the occasion of the reform of the laws and regulations concerning, among other things, arms and munitions; it became operational in March 1998.
2.National point of contact (para. II.5)
The national point of contact is provided by the Directorate-General for Multilateral Relations in the Ministry of Foreign Affairs (Directorate for International Political Affairs, Subdirectorate for Disarmament and International Security Affairs).
Tel.:+213 21 50 45 45, extension 3475
Fax:+213 21 69 37 48
E-mail:sdd.dgrm~nae.dz
3.Laws, regulations and administrative procedures
i)UNPoA, paragraph II.2: the laws, regulations and administrative procedures permitting effective control of the manufacture, export, import, transit and retransfer of SALWs are listed in annex II appended and are explained below.
National laws, regulations and decreesManufacture / Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (cf. annex II, ref. 8)
This instrument contains provision for implementing texts, and in particular Decree No. 98-96 0f 18 March 1998; which amends and complements it and fixes the modalities of implementation of the Ordinance (cf. annex II, refs. 10 and 18).
Internet link: joradp.dz/ Journal officiel, No. 6, year 1997;
Journal officiel, No. 17, year 1998.
Export / Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (cf. annex II, ref. 8)
This instrument contains provision for implementing texts, and in particular Decree No. 98-96 0f 18 March 1998, which amends and complements it and fixes the modalities of implementation of Ordinance No. 97-16 (cf. annex II, refs. 10 and 18).
Internet link: joradp.dz/ Journal officiel, No. 6, year 1997 and Journal officiel, No. 17, year 1998.
Import / Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (cf. annex II, ref. 8)
This instrument contains provision for implementing texts, and in particular Decree No. 98-96 0f 18 March 1998, which amends and complements it and fixes the modalities of implementation of Ordinance No. 97-16 mentioned above (cf. annex II, refs. 10 and 18)
Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (cf. annex II, ref. 8)
Internet link: joradp.dz/ Journal officiel, No. 6, year 1997 and Journal officiel, No. 17, year 1998.
Transit / Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (cf. annex II, ref. 8)
This instrument contains provision for implementing texts, and in particular Decree No. 98-96 0f 18 March 1998, which amends and complements it and fixes the modalities of implementation of Ordinance No. 97-16 mentioned above (cf. annex II, refs. 10 and 18)
Internet link: http:I/www. joradp.dz/ Journal officiel, No. 6, year 1997 and Journal officiel, No. 17, year 1998.
Retransfer / Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (cf. annex II, ref. 8)
This instrument contains provision for implementing texts, and in particular Decree No. 98-96 0f 18 March 1998; which amends and complements it and fixes the modalities of implementation of Ordinance No. 97-16 mentioned above (cf. annex II, refs. 10 and 18)
Internet link: joradp.dz/ Journal officiel, No. 6, year 1997 and Journal officiel, No. 17, year 1998.
Administrative procedures
Manufacture / Executive Decree No. 98-96 of 18 March 1998 establishing procedures for the implementation of Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (J.O. No. 17, chapter 3)
Interministerial orders (see annex II, refs. Nos. 48, 49, 50, 51, 52, 55
and 69)
Internet link: joradp.dz/ Journal officiel, No. 17, year 1998.
Export / Executive Decree No. 98-96 of 18 March 1998 establishing the modalitie of the implementation of Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (J.O. No. 17, chapter 3)
Interministerial orders (see annex II, refs. 48, 49, 50, 55 and 66)
Internet link: joradp.dz/ Journal officiel, No. 17, year 1998.
Import / Executive Decree No. 98-96 of 18 March 1998 establishing the modalities of the implementation of Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (J.O. No. 17, chapter 3)
Interministerial orders (see annex II, refs.14, 19, 23, 28, 37, 48, 49, 50, 55, 62, 63 and 65)
Internet link: joradp.dz/ Journal officiel, No. 17, year 1998
Transit / Act No. 79-07 of 21 July 1979 as amended and complemented, establishing a Customs Code, article 127 (ref. 1)
Executive Decree No. 98-96 of 18 March 1998 establishing the modalities of the implementation of Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (J.O. No. 17, chapter 3)
Interministerial orders (see annex II, ref. 68)
Internet link: joradp.dz/ Journal officiel, No. 17, year 1998
Retransfer / Executive Decree No. 98-96 of 18 March 1998 establishing the modalities of the implementation of Ordinance No. 97-06 of 21/01/1997 concerning war materials, arms and munitions (J.O. No. 17, chapter 3)
Interministerial orders (see annex II, refs. 65, 68, 69, 70).
Internet link: joradp.dz/ Journal officiel, No. 17, year 1998.
ii)II. 8: Executive Decree No. 04-304 of 13 September 2004 (ref. 18) prohibits the introduction into or the removal from the national territory of weapons, components of weapons and munitions which are not marked in conformity with the provisions of the international conventions concerning the fight against the illicit manufacture of and trade in firearms, components and elements thereof and munitions. In addition, any unmarked weapon is deemed to be illicit. As such it cannot be bought, sold or possessed and is liable to confiscation. Furthermore, under articles 18, 47, 48 and 125 bis of Executive Decree No. 98-96 as amended and complemented by Executive Decree No. 04-304 of 13 September 2004 (refs. 10 and 18), standard marks for weapons and munitions are established by interministerial order (ref. 44).
iii)II.23: The national laws, regulations and procedures that impact on the prevention, mastery and eradicating of the illicit trade in SALWs in all its aspects are made public through publication in the official gazette (Journal officiel) of the People’s Democratic Republic of Algeria, which is available in hard copy or on-line at site http: //wwcv.joradp.dz/.
In addition, in 2008 the customs administration acquired a new Internet site with a view to developing closer relations with its various users and operators by making available the entire corpus of regulations concerning the different commercial activities and in particular those subject to specific administrative formalities, especially those relating to imports of arms and munitions.
4.Implementation of legislation and establishment of criminal offences
i)II.3: The legislative measures establishing the illicit manufacture, possession, stockpiling and trading of SALWs as criminal offences in national law are summarized below:
Ordinance No. 95-11, amending and complementing Ordinance No. 66-156 of 8 June 1966 establishing the Penal Code (ref. 5), in article 87 bis 7, establishes as criminal offences the holding, removal, bearing, trading, importing, exporting, manufacture and repair of prohibited weapons;
Any person manufacturing, importing, exporting or engaging in trade in war materials, arms and munitions in categories 1, 2 and 3 without authorization from the duly empowered authority is punishable by life imprisonment (article 26 of Ordinance No. 97-06 of 21 January 1997 (ref. 8));
Possession (illegal holding) is punishable, according to the category of the weapon, by imprisonment for 5 to 10 years and a fine of 1 to 2 million DA (categories 1, 2 and 3), imprisonment for 2 to 10 years and a fine of 500,000-1 million DA (category 4), imprisonment for 2 to 5 years and a fine of 100,000-200,000 DA (category 5) (articles 31, 32 and 33 of Ordinance No. 97-06 of 21 January 1997, ref. 8);
Any person manufacturing, importing, exporting, or trading in arms, munitions and material and equipment in category 4 without authorization from the duly empowered authority is punishable by imprisonment for 10 to 20 years and a fine of 1-5 million dinars (article 27 of Ordinance No. 97-06 of 21 January 1997, ref. 8)
Any person manufacturing, importing, exporting, or trading in, arms and munitions in category 5 without authorization from the duly empowered authority is punishable by imprisonment for 5 to 10 years and a fine of 500,000-3 million dinars (article 28 of Ordinance No. 97-06 of 21 January 1997, ref. 8)
Any person manufacturing, importing, exporting, or trading in arms and munitions in categories 6, 7 and 8 without authorization from the duly empowered authority is punishable by imprisonment for 2 to 5 years and a fine of 200,000-500,000 dinars (article 30 of Ordinance No. 97-06 of 21 January 1997, ref. 8)
Smuggling activities involving arms are punishable by imprisonment for life. Similarly, acts of smuggling involving the bearing of firearms are punishable by 10 to 20 years’ imprisonment (Ordinance No. 05-06 of 23 August 2005 concerning the prevention of smuggling, articles 14 and 13; ref. Journal officiel, No. 59, 28 August 2005).
Offences relating to SALWs at national levelArea / Act/other measure
Manufacture / Ordinance No. 97-06 of 21 January 1997, articles 26, 27, 28 and 30
Penalties, according to category of weapon: life imprisonment (categories 1, 2 and 3); 10-20 years’ imprisonment and a fine of 1-5 million DA (category 4); 5-10 years’ imprisonment and a fine of 500,000-3 million DA (category 5); 2-5 years’ imprisonment and a fine of 200,000-500,000 DA (categories 6, 7 and 8)
Internet link: joradp.dz/ Journal officiel, No. 6, year 1997
Possession
(holding) / Ordinance No. 97-06 of 21 January 1997 (ref. 8), articles 31, 32, 33.
Penalties, according to category of weapon: 5-10 years’ imprisonment and a fine of 1-2 million DA (categories 1, 2 and 3); 2-10 years’ imprisonment and a fine of 500,000-1 million DA (category 4); 2-5 years’ imprisonment and a fine of 100,000-200,000 DA (category 5).
Internet link: joradp.dz/ Journal officiel, No. 6, year 1997
Stockpiling / Ordinance No. 97-06 of 21 January 1997 (ref. 8), articles 34 and 35
Penalties, according to category of weapon: life imprisonment (categories 1 to 5); 10-20 years’ imprisonment and a fine of 1-5 million DA (category 6: cutting and thrusting weapons).
Internet link: joradp.dz/ Journal officiel, No. 6, year 1997
Trading / Ordinance No. 97-06 of 21 January 1997 (ref. 8), arts. 26, 27, 28 and 30
Penalties, according to category of weapon: life imprisonment (categories 1, 2 and 3); 10-20 years’ imprisonment and a fine of 1-5 million DA (category 4), 5-10 years’ imprisonment and a fine of 500,000-3 million DA (category 5); 2-5 years’ imprisonment and a fine of 200,000-500,000 DA (categories 6, 7 and 8).
Internet link: Journal officiel, No. 06 of 1997.
ii)II.6: Algeria makes sustained efforts to identify groups and individuals illegally engaging in manufacture, trade, stockpiling, transfer or possession of illicit SALWs and in the illegal financing of their acquisition.