Wednesday, 21 September 2016

AN ANALYSIS ON THE PROTOCOL AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, THEIR PARTS AND COMPONENTS AND AMMUNITION AND ITS RELVEVANCE TO THE MARITIME LEGAL REGIME IN NIGERIA



INTRODUCTION
It is believed that perhaps unlike any other industry, the maritime industry on a global level provides a horde of opportunities for investment[1] and globalization at an expeditious rate. First and foremost it has served to stimulate import and export trade by way of providing surface transport through which goods are moved by sea on a massive scale.
Since the arrival of John D’averino, the Portuguese explorer at the Benin River in 1485, trading contact by sea has been established between the Europeans and the West African sub region (Nigeria in particular). The obnoxious trade in Africa, (slave trade) would have been impossible on the scale it was carried out but for the usage of the sea routes. Shipping trade also made it possible for the Colonialists to establish firm holds on settler economies such as South Africa where in 1627, the Dutch explorer Jan Van Riebek and his successors ensured that the natives continued to serve as cheap labor in mines and plantations[2].
Maritime (shipping) trade has played a major role in Nigerian economic development. It accounts for about 95% of the vehicular means of Nigeria’s international trade. It has also acted as a cardinal force in Nigeria’s attempt to correct her trade imbalances with the industrialized nations of the world. Indeed since becoming a signatory to the United Nations Conference on Trade and Development Code for Liner Conference in 1975, a number of bilateral and multilateral maritime agreements have been entered into by the Nigerian Government and this to a large extent has aided the sector in the movement of cargo in and out of the Nigerian shores.
The maritime sector has diversified Nigeria’s economy and has continued to provide employment opportunities to Nigerians as crew staff, mariners and dock workers in addition to various practitioners and experts in the field[3]. For as long as it existed, the Nigerian National Shipping Line (NNSL) served as a pool or training ground for the majority of the master mariners and other experienced professionals in Nigeria’s maritime sector up till today. Maritime transport has also provided opportunity for inland waterway transport, coastal and high sea trading and has also made it possible for Nigerians to develop the skill for fish and shrimps trawling enterprise. In a word, maritime transport has engendered employment for a sizeable number of Nigerians in various maritime related occupations. It has accounted in part for the urbanization and industrialization of the nation as well as giving a boost to Nigerian’s trade and commercial relation with the outside world.
However, a coastal nation without security consciousness is susceptible to attack from and through the seas and the recent happenings and civil unrest in the country have given rise to incessant worries and concerns as to the lives, property and stability of the country. The crime rate and violence in the country has risen to an all time high in the last few years from acts of kidnapping, to theft, armed robbery, and even terrorist attacks and insurgencies. The efforts of security agencies and personnel to curb these events have all been to no avail. These men of the dark world have mastered and created networks and channels for the advancement of their criminal acts thereby executing them right under the carpets of the government security agencies.
Many shipping containers pass through the world’s ports everyday and only a fraction can be inspected. Ship owners and even customs officers often just have to take it on trust that what is inside the container is what it says on the cargo documents. People have successfully transported harmful goods and substances from one region to the other illegally without suspicion from authorities. More worrisome in the present day is the illegal trafficking of persons, drugs, and arms; the latter being the main focus of this dissertation.
In analyzing the problem, chapter one will touch on the history of firearms trafficking and their illicit manufacturing with analysis on the present happenings in the international plane in correlation to the different regional networks that have been formed through this grievous crime. Furthermore, the situation in the West African region and particularly Nigeria will be discussed and issues of grave concern shall be brought to light.
Chapter two will dwell solely on the transnational organized crime factor and the United Nations resulting solutions to ameliorate the problems through the auspices of the United Nations Office on Drug and Crime, the applicable conventions and a major highlight on the Firearms Protocol.

In chapter three, Legislative and judicial frameworks made in the past to address the issue of illicit arms trade shall be discussed with major emphasis on regional efforts and State efforts.

Chapter four then goes further to mentions salient features of the UNODC’s Firearms Protocol in comparison with the major legal frameworks adopted by the Nigerian government to protect and ensure a safe maritime environment.



[1] Balarabe (2004)
[2] The Importance of Shipping to the Economic Development of Nigeria 1976-2006 Seen at  https://lazokoroji.wordpress.com/2013/01/04/the-importance-of-shipping-to-the-economic-development-of-nigeria-1976-2006/
[3] Olokoba (2006)

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