Wednesday 21 September 2016

CHAPTER ONE - (AN ANALYSIS ON THE PROTOCOL AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, THEIR PARTS AND COMPONENTS AND AMMUNITION AND ITS RELEVANCE TO THE MARITIME LEGAL REGIME IN NIGERIA)



CHAPTER ONE: A BACKGROUND TO THE ILLICIT MANUFACTURING AND TRAFFICKING OF FIREARMS
1.1 The Illicit Trafficking of Firearms Internationally
At the outset, it is expedient to understand what this project is centred around. Small arms include revolvers and self loading pistols, rifles, machine guns and the likes. Light weapons include heavy machine guns, hand-held under barred and mounted grenade launchers, portable anti-aircraft guns, portable anti-craft missiles, systems and mortars of calibres less than 100mm[1].
Weapons continue to be most commonly used in many of the violent civil and ethnic and religious conflicts of the post cold war era. All of the 34 major armed conflicts, documented during 1993 by the Stockholm International Peace Research Institute (SIPRI), he claimed, are being fought with light weapons[2].

Unfortunately, a miniscule percent of container ships have cargo checks, therefore making the arms movement smooth. Faking documents (bills of lading, forged end-use certificates)[3], bribing officials and concealing arms as humanitarian aids are common practices. In 2002, traffickers acquired 5,000 AK-47s from Yugoslavian army stocks and moved them from Serbia to Liberia under the guise of a legal transaction with Nigeria. One of the planes used in this shipment came from Ukraine and made a refuelling stop in Libya while en route[4]. It is imperatively important to realize the magnitude of illicit activities that take place under the garb of globalization and work towards it comprehensively.

Globalization is not new and neither is the black market. Tom G. Palmer of the Cato Institute[5] defines Globalization as “the diminution or elimination of state-enforced restrictions on exchanges across borders and the increasingly integrated and complex global system of production and exchange that has emerged as a result[6].”
Christopher Louise, in his work[7]stated that the effect of globalization and societal disintegration have been greatly under-researched, advocates free market forces with minimized economic barriers and opens trade for world development. As a result, we have witnessed expansion of arms black market, minimized custom regulations and border control has dropped to an all time low.

In the contemporary times, terrorism has been regarded as a major threat to world security and the primary factor being catalyzed by the increase in illicit arms[8]. The illegal market for munitions encompasses top-of the-line tanks, radar systems that detect Stealth aircraft, and the makings of the deadliest weapons of mass destruction[9]. The global illegitimate business in small arms is valued approximately around US$ 1 billion and it’s important to realize that it’s the small arms that fuel crime and sustain armed conflicts world over[10].

In Colombia for example, the small arms proliferation has been the case for four decades and it continues to plague the countries such as Afghanistan and the States in the Middle East. It is equally responsible for facilitating terrorism and creating anarchy after civil wars in places like Burundi, Ghana, Yemen, Kyrgyzstan, Nepal, and Pakistan[11]. The structure of the small arms black market today is a complex network stretching across the globe, siphoning the gains of globalization.

The journey of small arms begins from the legal circuit and eventually falls into illegal clutches[12]. There are multiple ways through which the legally originated arms get diverted to illegal spheres. Shipping through dangerous routes, stockpile mismanagement, loots, corruption among officials, warzone seizures are a few of them[13].
In June 2014, the representatives of all United Nations (UN) Member States came together at the Biennial Meeting of States in New York to consider the implementation of the 2001 Programme of Action (POA) on the illicit trade in small arms. The program was initiated in July 2001 to eradicate the ever-growing illicit trade in Small Arms and Light Weapons (SALW) and to help countries, combat this pernicious problem[14]. However, there are numerous areas that still remain extremely challenging to deal with.
Global Integration has enhanced human migration thereby helping arm dealers to fortify their present business connections and tap new ones by migrating to various regions, motivated by business expansion or reduced operational risks[15]. In case of arrests, arms dealers travel to countries where it is not possible to get extradited. It was reported that a man named Abu Salem, an underworld criminal from India, who besides having a lengthy criminal record, was involved in providing illegal arms for 1993 serial bomb blasts in India[16]; to escape arrest, left for Portugal. After 3 years of legal disputes, Indian authorities managed to extradite Abu Salem from Lisbon, Portugal. It was after this case that India and Portugal signed an extradition treaty in 2007[17].
Moreover, banking reforms and capital mobility have aided the black market to spread its trade internationally, utilizing every angle of the well linked financial market which gives rise to offshore markets and tax shelters[18]. The linkage of banks with the internet has posed a new challenge in combating illegitimate activities in the financial sector. E-banking has digitized money making it prone to criminality. Even though, it has numerous benefits for the world at large, it is misused for money laundering, credit card scams and check-kiting[19]. Adding to this, economic integration among regions blesses arm brokers with more opportunities to shelter their money, by investing in different stock exchanges. Numerous other illegal practices are a by-product of a deregulated financial sector, but money laundering is at the apex.
In addition, profound expansion of commercial airline and freight industry (making transport cheaper and easier) are instrumental in increased penetration of arm in conflict zones. Global merger of airline companies, supply chains, shipping firms make it tough to supervise unlawful practices in air and water[20].
Although, the growth of global communication in the past two decades has been unfathomable, it has enhanced the ability of arm dealers to communicate internationally through the web at a cheap rate. Arm dealers use ‘cloned’ cellular phones and unsecured broadband networks to surpass any chances of getting traced. Satellite phones are an option in remote areas where other means cannot be operated, providing an uninterrupted channel of contact and reach[21].


1.2 Trafficking of Firearms Illicitly in West Africa and Nigeria
West Africa is made up of 16 States and the regional States differ in territorial size, colonial history, economic strength, internal cohesion and external linkages[22]. They also differ in terms of population size, levels of development, and stages of State building and nature of resource endowments. They are confronted with different levels of security, governance and development challenges that have made them poor despite being greatly endowed with natural resources[23].
Although West African States gained political independence before any other region in colonial Africa, they all share a common feature of multiple layers of insecurity, associated with conflicts and crime at community and national levels; often across borders and with regional ramifications[24]. Threats like terrorism, drug trafficking, illegal oil bunkering, piracy, and arms trafficking have acquired worrisome transnational dimension and these crimes have emerged as formidable threats to human society and is now taking on a singular importance in terms of national, regional and international engagements[25].
The proliferation of SALW and their trafficking in Nigeria and Africa has posed a major threat to peace, security and development in the continent at large. Although they do not in themselves cause the conflicts and criminal activities in which they are used, the wide availability, accumulation and their illicit trafficking tend to escalate conflicts, undermine peace and agreements, intensify violence and impact on crime, impede economic and social development, and hinder the development of social stability, democracy and good governance[26].
SALW are increasingly undermining peace and security in West Africa. Out of approximately 500 million illicit weapons in circulation worldwide in 2004, it was estimated that about 100 million were in sub-Saharan Africa, with eight to ten million concentrated in West African sub-region[27].
An undeniable source of these illicit arms comes from the problem of black-racketeering which means, obtaining or extorting money illegally or carrying on illegal business activities, usually by organized crime[28]. A large portion of illicit firearms consist of leakages from members of the armed forces and the police both serving and retired. This includes the remnants from the Nigerian civil war and leakages from returnees of peace keeping operations[29].
The growing audacity of the Nigerian Boko Haram is one among many developments that have made West Africa a region of growing terror concern following an anti government revolt waged in July 2009 that attracted worldwide attention[30]. Boko Haram members have escalated attacks targeting mainly security and law enforcement agencies in addition to civilians, public infrastructure, community or religious leaders, places of worship, markets and media houses among others. Its tactics include use of improvised explosive devices, targeted assassinations, drive-by shootings and suicide bombings. Their attacks are estimated to have cost more than 6000 lives since 2009, including deaths caused by the security forces. The 26th August 2011 bombing of the United Nations Headquarters in Abuja that killed 23 people was devastating evidence that the group aims to internationalize its acts of terror[31].
The rise of Ansaru, an abridgement of a name that roughly translates as “Vanguards for the protection of Muslims in Black Africa” has claimed responsibility for various acts of terrorism in Nigeria such as the November 2012 armed attack on a detention facility in Abuja, the January 2013 ambushing of Mali-bound Nigerian soldiers at Kogi State, and the February 2013 kidnapping of the 7 foreign expatriates in Bauchi State[32].
Given ineffectual security systems, porous borders, and growing demand for arms by criminals and militants, cartels specializing in arms trafficking have devised methods for concealing and conveniently trafficking arms across borders in West Africa. The recent bank robbery attacks in Nigeria explain further how decadent the security systems have become in recent years. In 2011 alone, about 100 bank installations were attacked, and over 30 of these were attributed to Boko Haram[33].
These events are also related to oil theft (another area on its own) which is an escalating threat to the security of the marine environment off the coast of West Africa. There is growing speculation of a possible link between piracy in the gulf of Guinea and the financing of regional Islamist groups such as Al- Qaeda, Boko Haram and others. Some of the millions paid to the oil gangs are thought to have made their way to Islamist rebels linked to Al-Qaeda in Northern Nigeria[34].
The cargo supply chain which transports the products we eat, wear, drive and utilize daily is vulnerable to penetration and unauthorized access by criminal and terrorist elements. Cargo thieves, stowaways, pirates, drug smugglers, arms peddlers and terrorists constantly attempt to negate, circumvent or manipulate security measures designed to protect the cargo in the supply chain. The supply chain is made up of various “links” which may span the globe and pass through several countries.

Each entity that is a link in the cargo supply chain – manufacturers, warehouses, carriers, NVOCC[35], broker or importer – are a potential target for terrorists and arm smugglers[36]. Terrorist organizations could use the global trade network to transport or deliver arms to a target destination or country through cargo or a shipping container. Terrorists may want to penetrate or negate a company’s security controls for the purpose of placing a device inside the company’s cargo and in some cases, the terrorist cargo may actually be a “terrorist” utilizing the cargo, container or conveyance as a means of entering the country of interest. Terrorists may also intend to “taint” the cargo with a biological or chemical agent or poison for the purpose of causing harm to innocent persons handling the product or the ultimate consumer or to cause widespread panic[37].

Two prolific cases: one involving the tainting of Chilean grapes and the other being the targeting of Tylenol products which occurred in 2009 stand as examples. These cases cost the companies tens of millions of dollars and actually changed the way most medicines and many food products are packed and shipped. The ports, shipping lines and the entire cargo supply chain related to that product would likely be shut down indefinitely and many persons could loose their lives[38].

It is submitted that ports are generally dangerously exposed to vulnerabilities to warfare, criminal and terrorist attacks when security measures are not put in place. By its very nature as a complex, international, open transportation network, the port facility poses several additional challenges from a security standpoint. One of these is the risk factor associated with shipping. An estimated 90% of the world’s non bulk cargo travels in marine shipping containers. These standardized boxes have revolutionized the transport of goods by sea since their first appearance in the 1950’s and have given rise to a multitude of specialized road and rail carriers which comprises a fleet of over 2700 modular container vessels, a global network of over 430 highly automated port handling facilities.
According to a March 2007 report, in 2006, world maritime container traffic was estimated at 417, 000, 000 20 foot equivalent units or TEU’s (loaded and empty) which is 10% more than the 378 million TEU’s transported in 2005. The potential direct cost of a terrorist attack on shipping or maritime infrastructure varies tremendously according to the scope of the attack, its target and its location[39]. 
All these illegitimate operations abuse global trade facilitation arrangements, pose a threat to the security of the supply chain, and challenge legitimate trade. Daily seaport throughputs range from several hundreds to about 50,000 containers and require fast processing. A full overhaul by enforcement experts of just one commercial container, however, requires hours[40].

It is undisputed that the water ways/ seaports have provided havens for arms trafficking through ships and speed boats on high seas and the use of canoes in the creeks. The exchange of stolen crude oil for arms/ ammunition is a well known “trading activity” nurtured and ferociously protected by militants or sea pirates and their financiers/collaborators with the possible connivance of unscrupulous law enforcement agents in the Niger Delta region[41]. This is one major source of arms and ammunition that strengthens militants’ arms and ammunition holding not only in the Niger Delta but also in the South East and South Western parts of the country.


[1] Reports from arms experts
[2] Christopher Loiuse ”The Social Impact of Light Weapons Availability and Proliferation” found at http://sites.tufts.edu/jha/archives/65
[3] http://www.geopoliticalmonitor.com/the-illicit-trade-of-small-arms-4273/
[4] Rachel Stohl “The tangled web of illicit arms trafficking”
[5] An American Think Tank Libertarian Institute established to have a focus on public advocacy, media exposure and societal influence
[7] Christopher Louise “Relationship between the proliferation of small arms and light weapons”
[8] Debating Global Terrorism: Ethical Implications for Africa’s Development by Boaz Adhengo found at http://www.academia.edu/263543/DEBATING_GLOBAL_TERRORISM_Ethical_Implications_for_Africas_Development
[9] Moises Naim “The Five Wars of Globalization” found at http://users.clas.ufl.edu/zselden/Course%20Readings/Naim.pdf
[10] Aditi Malhotra Globalisation and the Illicit Trade of Small Arms and Light Weapons” found at http://www.eurasiareview.com/15012011-globalisation-and-the-illicit-trade-of-small-arms-and-light-weapons/
[11] International Relations 10th Edition by Joshua S. Goldstein and Jon C. Pevehouse found at http://www.academia.edu/8972746/International_Relations_2013-2014_Update_10th_Edition_by_Joshua_S._Goldstein_Jon_C._Pevehouse
[12] Op Cit
[13] Op Cit
[14] United Nations Programme of Action on Small Arms and Light Weapons found at http://www.un-arm.org/BMS5/
[15] Op Cit (Aditi Malhotra)
[16] Op Cit
[18] Op Cit
[19] Op Cit
[20] Op Cit
[21] Op Cit
[22] Terrorism and Transnational Organized Crime in West Africa by Dr. Freedom C. Onuoha and Dr. Gerald E, Ezirim found at http://studies.aljazeera.net/ResourceGallery/media/Documents/2013/6/24/2013624105836126734Terrorism%20and%20Transnational%20Organised%20Crime%20in%20West%20Africa.pdf
[23] Ibid
[24] Op Cit
[25] Op Cit
[26] Ethnic Conflict Management in Africa: A comparative Case Study of Nigeria and South Africa by Emmy Godwin Irobi Found at http://www.beyondintractability.org/casestudy/irobi-ethnic
[27] The ECOWAS Moratorium on small arms and light weapons by Alhaji MS Bah
[28] Blacks Law Dictionary
[29] Federal Government of Nigeria, “Strategic Conflict Assessment: Consolidated and Zonal Reports”, (Abuja: Institute for Peace and Conflict Resolution, 2003), p 21.
[30] Op Cit
[31] Ibid
[32] ibid
[33] Class Theory of Terrorism: A study of Boko Haram Insurgency in Nigeria
[34] Piracy and Maritime Security in the Gulf of Guinea: Trends, Concerns, and Propositions by F. Onuoha. Ph. D
[35] Non vessel operating common carrier e.g. freight forwarders
[36] US Customs and Border Protection found at http://www.cbp.gov/ 
[37] Vulnerabilities in the Cargo Supply Chain: Maritime Security by Clifford R. Bragdon
[38] Ibid
[39] Abuse of commercial containers for illicit purposes- Report by World Customs Organisation
[40] Par 3, Ibid
[41] How Al-Qaeda and Boko Haram smuggle arms into Nigeria by Sagir Musa Found At http://www.vanguardngr.com/2013/05/how-al-qaeda-boko-haram-smuggle-arms-into-nigeria/

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