2010-2012
Republika e Kosovës
Republika Kosova-Republic of Kosovo
Qeveria – Vlada- Govenment
NATIONAL SMALL ARMS LIGHT
WEAPONS CONTROL AND
COLLECTION STRATEGY AND
ACTION PLAN OF THE REPUBLIC OF
KOSOVO
Update of the Kosovo Small Arms Control Strategy approved by the Government on 24 April 2008
October 2009, Pristina
NATIONAL SMALL ARMS AND LIGHT WEAPONS
CONTROL AND COLLECTION STRATEGY AND ACTION
PLAN OF THE REPUBLIC OF KOSOVO
2010-2012
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Message from the Minister
Strategy on Weapon Control and Collection has been drafted on course of our continuous efforts
and commitment in advancing further the safety of our citizens. According to the assessments
given, it has been proven that the use of illicit weapons presents a continuous threat to our
citizens, especially to the lives of children. There are plenty of cases when people, children
especially, have suffered consequences in the midst of their families because of neglect.
We have drafted this strategy because we want to develop strategic policies through
implementation of which we will ensure that the Republic of Kosovo to be a safer country for all
of us and the others coming to Kosovo, and especially for our children whose lives should not be
terminated because of neglect or irresponsibility. It is our human and institutional obligation to
protect life, and it is our special parental obligation to raise our children in a safe environment.
This strategy that is published shows our medium term strategic aims. The strategy shows how
we want Kosovo to be in the years to come. Through this strategy we also mobilize the civil
society that is a highly valuable partner of the democratic Kosovo.
The Strategy on Weapon Control and Collection, drafted for the first time in the Republic of
Kosovo, and its Action Plan are the documents that once again confirm that the rule of law is an
absolute priority in the platform of the Government of Republic of Kosovo.
It is the first time that Kosovo is implementing the Law on Weapons that will provide the
opportunity to Kosovo citizens to acquire weapons in completely regular and legal fashion. This
shall apply to all citizens that fulfill the criteria stipulated by law. Law on Weapons is fully in line
with the standards of the European Union and the United Nations, which can be seen on reading
the Strategy. It is known that the strategic objective of the Government of Republic of Kosovo is
the Democratic Kosovo, accession to European Union, NATO and becoming a member of the
United Nations Organization.
In the end, I have to emphasize that security of life and property of citizens of Kosovo is a
sacred and vital mission of the Institutions of Kosovo. There will be persistent challenges, no
doubt. Nevertheless, we will always overcome and defeat them. We that we live today, have the
historical fate for building up democracy and rule of law. We have the historical fate of having so
many friends helping us and caring for Kosovo, continuously. Future generations will judge us
based on the actions we take today. Thus, I invite you all through this message to build the state
of Kosovo, in line with our dream, and as it is desired by all people of good will.
The Minister of Internal Affairs
Zenun Pajaziti
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CONTENT
Message from the Minister
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ABBREVIATIONS
6
DEFINITIONS
7
I. INTRODUCTION
8
II. VISION AND MISSION
11
III. METHODOLOGY
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IV. GENERAL PRINCIPLES
4.1 The Principle of Constitutionality and Legality
4.2 The Principle of Human Rights Protection
4.3 The Principle of Health Care
4.4 The Principle of Guaranteeing the Safety to all Citizens
4.5 The Principle of Continuity
4.6 The Principle of Inclusion
4.7 The Principle of Sharing Experiences and Responsibilities and Common Approach
4.8 The Principle of the Right to be Informed
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V. LEGAL MECHANISMS
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VI. OVERALL OBJECTIVES AND RELATION TO FUNCTIONAL AREAS
6.1. FA 1: Cross Border Control
6.2. FA 2: Legislative framework and Regulatory Issues
6.3. FA3: Management Information, statistics and research
6.4. FA 4: SALW awareness and communications strategy
6.5. FA 5: SALW, Ammunition and explosive materials collection
6.6. FA 6: SALW, Ammunition and explosive materials Destruction
6.7. FA7: Stockpile management
6.8. FA8: Capacity Development
6.9. FA9: Safer Community Development
6.10. FA 10: Monitoring and evaluation
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6.11. FA 11: Linkage to Security Sector Reform.
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VII. INSTITUTIONAL MECHANISMS
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7.1. National SALW Commission
7.2. National Coordinator
7.3. Secretariat
7.4 Ministry of Internal Affairs – Kosovo Police
7.5. Role of Ministry of Justice
7.6. Role of Ministry of Economy and Finances – Kosovo Customs
7.7. Role of the Ministry of Health
7.8. Ministry of Education, Science and Technology
7.9. Ministry of Trade and Industry
7.10. Independent Commission for Mines and Minerals
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7.11. Ministry of Local Government Administration
7.12. Ministry of Environment and Spatial Planning
7.13. Kosovo Prosecutor Office
7.14. Kosovo Statistical Office
7.15. Ministry of Kosovo Security Force
7.16. Ministry of Foreign Affairs
7.17. Kosovo Intelligence Agency
7.18. Ministry of Agriculture, Forestry and Rural Development
7.19. Ministry of Culture, Youth and Sports
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VIII. INTERNATIONAL COOPERATION
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IX. STRATEGY IMPLEMENTATION, MONITORING AND EVALUATION
9.1 The Role of the Monitoring System
9.2 Institutional Capacities for Monitoring and Evaluation
9.3 Selection of Monitoring and Evaluation Indicators, Final Indicators
9.4 Intermediate Indicators
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X. ACTION PLAN
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ABBREVIATIONS
MIA
MFE
MoJ
MTI
MAFRD
MLSW
KIA
MEST
MCYS
MoH
MFA
KP
KC
KJC
UNDP
OSCE
Ministry of Internal Affairs
Ministry of Finances and Economy
Ministry of Justice
Ministry of Trade and Industry
Ministry of Agriculture, Forestry and Rural Development
Ministry of Labour and Social Welfare
Kosovo Intelligence Agency
Ministry of Education, Science and Technology
Ministry of Culture, Youth and Sports
Ministry of Health
Ministry of Foreign Affairs
Kosovo Police
Kosovo Customs
Kosovo Judicial Council
United Nations Development Programme
Organization for Cooperation and Security in Europe
EC
NGO
SALW
MCSCs
CSAT
DCA
IBIS
WRMS
FireCat
AmoCat
ExploCon
European Council
Non-Governmental Organization
Small Arms Light Weapons
Municipal Community Safety Councils
Community Safety Action Team
Directorate of Crime Analysis
Integrated Ballistic Identification System
Weapon Registration Management System
Firearms Catalogue
Ammunition Catalogue
Explosive Control System
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DEFINITIONS
SALW shall mean Small Arms and Light Weapons
Small Arms and Light Weapons, an expression used in the arms control protocols, in order to refer to
two main groups of weapons:
• Small arms: hand-held small calibre firearms, usually consisting of handguns, rifles,
shotguns, manual, semi-automatic, and full automatic weapons and man-portable
machineguns.
• Light weapons: Includes a wide range of medium-calibre and explosive ordnance, including
man-portable and vehicle-mounted antipersonnel, antitank and antiaircraft rockets, missiles,
landmines, antiaircraft guns, mortars, hand grenades and rocket-propelled grenades (RPGs),
Risk for diversion
Means the possible risk that weapons are rerouted , do not arrive at end destination as legally stated or
are deviated to the criminal market.
Illegal SALW
Are all SALW which have no legal basis according to the Kosovo legislation. This includes illegal
possessed weapons, illegal manufactured, illegal traded, converted weapons as well as weapons which
were reactivated or where the serial number has been altered.
Brokering
activities that serve to facilitate the transfer of arms between persons in different third countries, in so
far as such transfer is furthered through the assistance of a so-called broker.
Note: Core brokering activities include;
a) Acquisition of SALW located in one third country for the purpose of transfer to another third
country;
b) Mediation between sellers and buyers of SALW to facilitate the transfer of these arms from one
third country to another; and
c) The indication of an opportunity for such a transaction to the seller or buyer (in particular the
introduction of a seller or buyer in return for a fee or other consideration).
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I .INTRODUCTION
Like many of its neighbours, Kosovo has suffered the consequences of internal SALW
proliferation following its period of war. Illegal SALW possession has long been believed
to be widespread, and previous estimates have indicated a high number of unregistered
weapons is further available in Kosovo1. Partly as a consequence of this, Kosovo has
been affected by high levels of armed crime and has also seen the recurrent use of SALW
during periods of tension. Armed violence in Kosovo can be attributed to a number of
factors, including stemming from the conflict and organized crime. All of this occurs
against a background of high unemployment, and a still developing criminal justice
system. Whether in the case of ordinary civilians who are driven to keep firearms for
their own security, or of criminal groups, the circulation of illicit SALW in Kosovo appears
to be both a cause and effect of such problems.
The Kosovo Small Arms and Light weapons Control and Collection strategy proposed here
is an amended version of the Kosovo Small Arms Control strategy approved by the
Government on 24 April 2008. The progress booked on implementing the legislative and
institutional framework as the capacity developed at central level indicates that is time to
propose an update that focuses on further and equal implementation of the framework
established. It has also been accessed that a voluntary surrender initiative could
positively contribute to enhancing the safety and security in Kosovo.
A state program focusing especially on this voluntary surrender initiative is an integral
part of this strategy and attached in annex to this document.
This document will also focus on further synchronization with relevant approved
strategies by the Government, as there are the integrated border management strategy
and the crime prevention strategy.
It is also foreseen that this strategy will further be focusing on requirements determined
in the Ahtisaari plan; Kosovo to have full control over SALW according to UN, EU and
OSCE standards and will be guided by the European directives, standards and criteria
necessary for Euro integration and visa liberation, actually dictated by the European
Partnership Action Plan (EPAP).
1
Survey Kosovo and the Gun: Illegal SALW estimated between 310,000 and 440,000 weapons.
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II.VISION AND MISSION
Vision
The vision of this strategy is that Kosovo will be a safe environment where small arms and
light weapons are under control.
Mission
The mission of this Strategy is to lay down general objectives, specific objectives and
activities concerning small arms and light weapons (SALW) related issues as well as
harmonize national and international inter-institutional actions for the achievement of the
objectives defined within the Strategy and in particular:
1. To put in place an institutional and legal framework for the implementation of SALW
related regulations;
2. To reduce gun crime and gun violence in Kosovo;
3. To cut off the supply of guns and ammunition available for criminal purposes in
Kosovo;
4. To remove illegal weapons and ammunition already available in circulation in
Kosovo;
5. To reduce demand for weapons among the society;
6. Promote participation of women (civil society and other groups) in development and
implementing of SALW control policies, violence prevention and disarmament
strategies;
7. To implement law and order, foster community empowerment and support
opportunities for lawful, sustainable livelihoods in the communities most affected by
violence;
8. To support regional security by controlling guns, among other aspects of transnational
organized crime and;
9. To further develop capacity for implementation of the Kosovo Small Arms Light
Weapons control and collection strategy.
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III. METHODOLOGY
The National Small Arms Light Weapons Control and Collection Strategy is based on the
fundamental principles emanating from the Constitution of Kosovo, the applicable legislation,
international legal instruments as well as best international practices.
Illegal possession of SALW and their daily use is a phenomenon that needs additional
attention. It is highly mandatory that all institutions are implementing an integrated response
towards this issue, therefore in line with international standards and as a control organization
the Government has established a National SALW Commission, chaired by the Prime
Minister.
As a state responsibility Kosovo contributes to the international fight against illegal SALW
and it will be necessary to increase regional and international cooperation to trace weapons as
well as identify perpetrators involved in SALW trafficking.
In order to ensure further success in implementation of SALW control, this strategy will
further have to be implemented in central and local level. SALW control strategies are not
successful without support from law abiding citizens. Raising the awareness of individuals
and the society in general enables decision-making and accountability with regard to SALW
misuse.
The drafting of this national strategy is focused in defining the strategic objectives, further
preparing the staff and joint actions of all institutions to be undertaken within the next three
years (2010-2012).
Seeing the complexity of SALW related issues and their root causes, this strategy proposes to
approach the objectives through the implementation of activities divided in 11 functional
areas:
FA 1: Cross Border Control and Surveillance
FA 2: Legislative framework and Regulatory Issues
FA3: Management Information, statistics and research
FA 4: SALW awareness and communications strategy
FA 5: SALW, Ammunition and explosive materials collection
FA 6: SALW, Ammunition and explosive materials Destruction
FA7: Stockpile management
FA8: Capacity Development
FA9: Safer Community Development
FA 10: Monitoring and evaluation
FA 11: Linkage to Security Sector Reform.
Specific objectives for these functional areas will be further described later in this document.
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IV. GENERAL PRINCIPLES
The objectives foreseen within the National SALW Control and Collection Strategy and
Action Plan are guided by the following principles:
4.1 The Principle of Constitutionality and Legality
The SALW Control and Collection Strategy is based on provisions provided for by the
Constitution of the Republic of Kosovo, the legislation in force and international legal
instruments.
4.2 The Principle of Human Rights Protection
The Constitution of the Republic of Kosovo guarantees the rights of all Kosovo citizens, and
in particular rights of women and children, regardless of ethnic background, gender, age and
religion.
Children and youth have the right to live in an environment that is protected from SALW
misuse.
4.3 The Principle of Health Care
The treatment of individuals that have become a victim of SALW violence is based on the
principles of health care described within the Law on Health of Kosovo, guidelines and
protocols in force in the Kosovo health service.
4.4 The Principle of Guaranteeing the Safety of all Citizens
The Constitution of the Republic of Kosovo guarantees the right to safety and protection of all
citizens. This principle also refers to the decrease in the SALW-related crime rate.
4.5 The Principle of Continuity
A continuous and comprehensive involvement of all institutions and various actors is required
for combating this problem.
4.6 The Principle of Inclusion
At present, SALW misuse is a common issue the entire world is confronted with. This issue
spreads over and affects all levels of the society including the local community, groups,
family and individuals.
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The principle of inclusion concerns the inclusion of all institutions and other mechanisms as
well as the society in general in dealing with this issue at the national and international level.
4.7 The Principle of Sharing Experiences and Responsibilities and Common Approach
This principle concerns the exchange of experiences and best practices, sharing
responsibilities at all levels, as well as the common approach adopted by all actors in
controlling SALW.
4.8 The Principle of the Right to be Informed
This principle concerns the right and obligation to inform all citizens of the Republic of
Kosovo in relation to the risks and consequences of SALW use.
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V. LEGAL MECHANISMS
In controlling small arms and light weapons, the Republic of Kosovo has in effect a wide
legislative base, wherein in terms of primary legislation the following can be mentioned but
not limited to:
1. Constitution of the Republic of Kosovo
2. Criminal Code of Kosovo,
3. Criminal Procedure Code,
4. Law on Police,
5. Law on the Execution of Penal Sanctions,
6. Law on Kosovo Intelligence Agency,
7. Juvenile Justice Code,
8. Customs and Excise Code,
9. Law on Weapons,
10. Law on Hunting,
11. Law on Kosovo Security Force,
12. Law on Civil Use of Explosives,
13. Law on Public Peace and Order,
14. Law on Foreigners.
15. Law on surveillance of state border
Although Kosovo has not signed or ratified specific SALW related International conventions,
its legal acts are based on the following international legal instruments:
1. United Firearms protocol as part of the Palermo protocol;
2. Council Directive 91/477/EEC of 18 June 1991 on the control of the acquisition and
possession of weapons;
3. EU Council Directive 2008/51/EC amending the EU Council Directive 91/477/EC;
4. EU Common Position 2003/468/CFSP of 23 June 2003 on the control of Arms
Brokering;
5. EU Code of conduct on Arms Exports, 08 June 1998;
6. COUNCIL JOINT ACTION of 12 July 2002 on the European Union’s contribution to
combating the destabilizing accumulation and spread of small arms and light weapons
and repealing Joint Action 1999/34/CFSP (2002/589/CFSP).
VI. OVERALL OBJECTIVES and linkage to Functional Areas:
FA
1
2
3
Description
Overall Objective
Cross Border Control and Full control over import, export and transit of SALW,
Surveillance
ammunition and explosive materials
Legislative framework and Development, implementation and observance of a legal
Regulatory Issues
framework in line with international and European
standards in order to ensure full control over SALW in
Kosovo.
Management Information, Development, implementation and observance of an
statistics and research
information collection and sharing model between law
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4
SALW
awareness
and
communications strategy
5
7
SALW, Ammunition and
explosive
materials
collection
SALW, Ammunition and
explosive
materials
Destruction
Stockpile management
8
Capacity Development
9
Safer
Community
Development
Monitoring and evaluation
6
10
11
Linkage to Security Sector
Reform
6.1.
enforcement agencies in order to use in the decision making
process or development of preventive/reactive operations.
Increase support of all social groups for the strategy and
public acceptance of the approach, through public
information, education and advocacy.
Reduction of illegal weapon proliferation in a number of
ways, including legalization, deactivation, reporting lost
and found weapons, sequestration and surrender.
Destruction of illegal weapons in line with the UN Firearms
protocol and prevention of collected weapons to be brought
back into the illegal market.
Development (drafting) of the policies for stockpile
management
Institutional and administrative capacity development,
necessary for regulation of the field of SALW and control
mechanisms necessary for the implementation of the
strategy and action plan.
Increasing comprehensive support for SALW Control and
Collection Strategy and active citizenship
Timely, accurate and impartial implementation of the
SALW Control and Collection strategy
Integrated response that will enhance the overall security in
Kosovo
FA 1. Cross Border control and surveillance –
the existence of checks and regulations between countries that controls access to and from
the country, of people, goods and services.
Objective:
Full control over import, export and transit of SALW, ammunition and explosive
materials
Specific Objectives will be:
FA1.1. Increase cooperation and information sharing between relevant actors for
border control meaning border police, customs and police.
FA1.2. Implement applicable legislation on import, export and transit including
embargoes and European Code of Conduct on Arms Export
FA1.3. Increase regional cooperation with surrounding countries on SALW
related issues
FA 1.4. Increase cooperation with Interpol and EUPOL on SALW related issues
6.2.
FA 2. Legislative framework and Regulatory Issues
Principles for the regulatory control of SALW
Legislative and regulatory measures for arms and transfer controls shall comply with these
principles:
a) the protection of national safety and security interests is of paramount importance;
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b) respect for national foreign policy shall be maintained;
c) legitimate end use certification shall be obtained;
d) proposed transfers shall comply with relevant international law, agreements and
understandings;
e) proposed transfers shall be subject to a risk assessment criteria based system to
determine whether it is appropriate or not to issue a license request;
f) there is an underlying basis that states have a right to the means of self defense
including the production, possession and transfer of weapons. However, states also
have the responsibility to use weapons in accordance with commitments under
international law, relevant political agreements and initiatives, and in accordance with
existing national legislation;
g) the government shall retain a final veto on all production, manufacturing,
possession and transfer proposals for weapons, ammunition and explosives.
Range of arms control and transfer legislation
Regulatory mechanisms to ensure effective arms control and transfer legislation are/will
be developed to cover the following generic areas in accordance with best practices :
Arms control (internal)
a) responsibilities for, and organization of, arms control and transfer legislation at the
national level;
b) the national SALW authority;
c) definitions of weapons, ammunition and explosives;
d) persons covered by arms control legislation;
e) banned weapons, ammunition and explosives;
f) the production and manufacture of weapons, ammunition and explosives, including
‘licensed production overseas (LPO)’;
g) weapons, ammunition and explosives eligible for civilian possession;
h) the internal sale of weapons, ammunition and explosives;
i) acquisition and purchase mechanisms for weapons, ammunition and explosives;
j) registration and licensing of civilian held weapons, ammunition and explosives;
k) carriage of weapons, ammunition and explosives;
l) legitimate use of weapons, ammunition and explosives, (including training and
handling);
m) the safe and secure storage of weapons, ammunition and explosives;
n) the safe and secure transportation of weapons, ammunition and explosives;
o) the repair and modification of weapons;
p) voluntary surrender mechanisms for civilian held weapons, ammunition and
explosives;
q) confiscation mechanisms for weapons, ammunition and explosives;
r) national recording system for weapons, ammunition and explosives;
s) the destruction of weapons, ammunition and explosives;
t) the control of inert or deactivated weapons, replica weapons, ammunition and
explosives;
u) the control of weapons, ammunition and explosives within the security sector; and
v) punitive and penal provisions.
Transfer legislation (external)
a) responsibilities for, and organization of, arms control and transfer legislation at the
national level;
b) the national SALW authority;
c) definitions of weapons, ammunition and explosives including the components
thereof;
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d) persons covered by transfer control legislation;
e) restricted or banned weapons, ammunition and explosives for transfer;
f) weapons, ammunition and explosives eligible for transfer;
g) end user certification and post export verification;
h) export license mechanisms for weapons, ammunition and explosives applicable to
manufacturers, vendors and transportation agents which should be criteria based. For
example, when considering a license application, states should take into account the
risk of diversion to unlicensed end-users, the risk of weapons being used in the
commission of human rights violations the risk to regional security or that it will
undermine sustainable development;
i) licensing mechanisms for brokering activities for weapons, ammunition and
explosives carried out within the country or by national passport holders wherever
they are located [this is the extra-territorial dimension);
j) reporting of physical arms transfers;
k) transit, transshipment or re-export of weapons, ammunition and explosives through
national territory;
l) the safe and secure transportation of weapons, ammunition and explosives during
transfer; and
m) controls on intangible transfers of related technology, for instance technical
information transferred electronically via fax or email.
Specific additional requirements for transit
a) transit governments shall require export and import certifications and
documentation respectively from the country of origin and of destination;
b) such certifications and documentation shall be subject to appropriate rigor of
review and inspection;
c) where there is reasonable cause to suspect possible irregularities, sealed containers,
rail carriages or road transport, bonded warehouses or other such means of insulating
transit shipments do not relieve transit governments from the responsibility to confirm
that the shipments in question comply with the legal, policy and documentation
requirements; and
d) where the originating government is unable to satisfy concerns expressed by the
transit government with respect to possible irregularities, the transit government at its
option may refuse entry and transit, or if already in transit may return or otherwise
restrain the shipment.
Compliance capabilities
The arms control and transfer legislation shall provide for;
a) the ability to provide for reporting on licenses to parliament, other statutory
agencies and the public;
b) the ability to review government decision making through annual reporting
procedures (including through parliamentary debate);
c) the ability to conduct reviews and checks on certification (e.g. on end use
guarantees), licensing and reporting mechanisms;
d) no re-export without separate permission from the original exporting state. This
should apply not only to exports sourced from states in the region but also where these
states are considering re-exporting equipment originally sourced from elsewhere;
e) the ability to impose preventative enforcement measures, (for example; suspension
or revocation of licenses or certification where a violation is imminent).
f) outreach mechanisms to support compliance with the law including:
- publication of denial orders;
- publication of additional laws and regulations;
- publication of procedures and processes;
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publication of ‘red flag’ indicators;
unannounced visits to industry; and
training, education and advocacy of industry and civil society on its
responsibilities under the law.
g) cooperation by government with UN investigations into breaches of international
arms embargoes and other relevant sanctions; and
h) a legal basis for states to meet inter and intra – governmental information exchange
mechanisms
Enforcement
The enforcement mechanisms within the arms control and transfer legislation shall:
a) define violations;
- engaging in prohibited conduct;
- causing, aiding or abetting a violation;
- solicitation or attempt;
- conspiracy;
- acting with knowledge of a violation;
- possession with intent to keep, use or transfer illegally;
- misrepresentation and concealment of the facts;
- evasion;
- failure to comply with administrative, reporting or record keeping
requirements;
- license alterations; and
- acting contrary to a temporary suspension or denial order.
b) impose effective punitive measures and penalties as appropriate to punish and deter
further violations.
Objective:
Development, implementation and observance of a legal framework in line with
international and European standards in order to ensure full control over
SALW in Kosovo.
Specific Objectives will be:
FA2.1. Further development of relevant legislative framework, including
secondary legislation
FA2.2. Supervise implementation of relevant legislation
FA2.3. Kosovo will align with relevant international standards.
6.3.
FA 3. Management Information, statistics and research
Objective:
Development, implementation and observance of an information collection and
sharing model between law enforcement agencies in order to use in the decision
making process or development of preventive/reactive operations.
Specific Objectives will be:
FA3.1.Further implement supporting tools
FA3.2.Develop further intelligence model on SALW, ammunition and explosive
materials
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FA 3.3. Implementation Ammunition tracing study
FA 3.4. Implementation of analysis related to crimes with SALW.
6.4.
FA 4. SALW awareness and communications strategy
A programme of activities undertaken with the overall goal of minimizing, and where
possible eliminating, the negative consequences of inadequate SALW Control by
undertaking an appropriate combination of SALW advocacy, SALW risk education and
media operations/public information campaigns which together work to change behaviors
and facilitate appropriate alternative solutions over the long term.
Objective:
Increase support of all social groups for the strategy and public acceptance of
the approach, through public information, education and advocacy.
Specific Objectives will be:
FA4.1. Draft SALW awareness plan on legislative framework
FA4.2. Draft and implement public awareness campaign in accordance with State
Program of collection through voluntary surrender of Weapons, Ammunition and
explosive materials.
6.5.
FA 5. SALW, Ammunition and explosive materials collection
Meaning the process of implementing activities to reduce illegal weapons from the
market.
Objective:
Create and implement policies for reduction of illegal weapon proliferation in a
number of ways, including legalization, deactivation, reporting lost and found
weapons, surrender and sequestration.
Specific Objectives will be:
FA5.1. Implement collection through voluntary surrender of weapons, ammunition
and explosive materials (see annex)
FA5.2. Implement Law on Weapons concerning deactivation, legalization and
found weapons
FA 5.3. Implement confiscation operations
6.6.
FA 6. SALW, Ammunition and explosive materials Destruction
Meaning the process of final conversion of weapons, ammunition, mines and explosives
into an inert state that can no longer function as designed.
Objective:
Destruction of illegal weapons in line with the UN Firearms protocol and
prevention of collected weapons to be brought back into the illegal market.
Specific Objectives will be:
FA6.1. Implement destruction of illegal weapons
FA6.2. Implement destruction of illegal ammunition
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FA6.3. Implement destruction of illegal and unsafe explosives
6.7.
FA 7. Stockpile management
those procedures and activities regarding SALW safety and security in accounting,
storage, transportation and handling.
Objective:
Development (drafting) of the policies for stockpile management
Specific Objectives will be:
FA7.1. Implement and supervise legal framework on storage and stockpile
management
FA7.2. Implement a mapping exercise on ammunition and explosives storages,
critical infrastructures and dangerous goods storage like petrol stations etc…
6.8.
FA 8. Capacity Development
the strength and ability, which could be in terms of knowledge, skill, personnel and
resources, to achieve desired objectives.
Objective:
Institutional and administrative capacity development, necessary for regulation
of the field of SALW and control mechanisms necessary for the implementation
of the strategy and action plan.
Specific Objectives will be:
FA8.1. Provision of sufficient human resources, sufficient for implementation of
relevant legislative framework
FA8.2. Train personnel for implementation of voluntary surrender initiative
6.9.
FA 9. Safer Community Development
a municipality–based activity, designed to place the needs and priorities of affected groups
at the centre of the planning, implementation and monitoring of SALW Control activities.
Objective:
Increasing comprehensive support for SALW Control and Collection Strategy
and active citizenship
Specific Objectives will be:
FA9.1. Review Safer Community Strategy
FA9.2. Roll further out the Safer community initiative
FA 9.3. Roll the Community safety Centres further out
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6.10.
FA 10. Monitoring and evaluation
Monitoring in the context of SALW Control, the term refers to ….. the authorized
observation by qualified personnel of sites, activities or processes without taking
responsibility for that being observed .
This is usually carried out to check conformity with undertakings, procedures or standard
practice and often includes recording and reporting elements.
Evaluation is a process that attempts to determine as systematically and objectively as
possible the merit or value of an intervention.
Objective:
Timely, accurate and impartial implementation of the SALW Control and
collection strategy
Specific Objectives will be:
FA10.1. Develop Scorecard for monitoring and evaluation
6.11.
FA 11. Linkage to SSR
SSR is a dynamic concept to design strategy for the management of security functions in a
democratically accountable, efficient and effective manner to initiate and support reform
of the national security infrastructure
Objective:
Integrated response that will enhance the overall security in Kosovo
Specific Objectives will be:
FA11.1.Integration of SALW Control and Collection Strategy into the Kosovo
security policy
Activities of specific objectives are provided in the Action Plan
Page 20
VII. INSTITUTIONAL MECHANISMS
The institutional mechanism concerns the role and coordination of the activities deriving from
the SALW Control and Collection Strategy, with a main priority given to the Ministry of
Internal Affairs as delegated by the Government, pursuant to the decision of 23 May 2007.
7.1. National SALW Commission
Body established by Governmental Decision on 23 May 2007. Will further fulfil Kosovo state
responsibility towards implementation of international standards.
National SALW Commission will continue to operate in accordance with government
decision of the Government.
7.2 National Coordinator
The National Coordinator is the responsible person, mandated to coordinate, align, monitor
and report on the implementation of policies, activities and actions in relation to the SALW
Control and Collection Strategy.
The National Coordinator will also functions as the National Focal Point on SALW for
relevant International organizations.
7.3 Secretariat
Is a new body, with the function to collect information and data from other institutions,
analyse and evaluate such information, as well as draft analytical reports for the National
Coordinator.
7.4 Ministry of Internal Affairs – Kosovo Police
MIA has a functional role in achieving certain objectives defined within this strategy. The
Ministry, through Kosovo Police, has full authority in combating illegal activities involving:
use, purchase, possession, sale, distribution, import, export, processing, cultivation and
production of SALW, ammunition and explosive materials.
The Department of Public Safety will supervise and implement SALW related laws and is the
competent body (execution body) for all export and import in Kosovo for as well individuals,
business entities and Equipment for special purposes. Its mentoring and evaluation capacity is
responsible for adequate recommendations for steering the SALW Control and collection
strategy.
Kosovo Police, together with the Kosovo Customs, are the frontier institutions in preventing
and combating illegal activities alongside the Kosovo border. Hence, their cooperation and
coordination is crucial for strengthening the control over illegal activities that would damage
the safety in Kosovo.
Page 21
The MoIA and especially the Department for Public safety will closely cooperate with the
Ministry of Transport to synchronize with the Law on Dangerous Goods.
7.5. Role of Ministry of Justice
Ministry of Justice is an important part of the National SALW Control and Collection
Strategy and its role is to:
•
•
Strengthen the rule of law in order to eliminate illegal SALW possesion, and
Complete legislation in the rule of law area in order to increase the efficiency in
achieving the strategic goals for SALW-related criminality;
•
Strengthen professional and technical capacities of the Correction Service and
Probation Service in combating all negative phenomena in prisons and externally for
persons in probation.
7.6. Role of Ministry of Economy and Finances – Kosovo Customs
Kosovo Customs, as the law enforcement agency under the responsibility of the Ministry of
Economy and Finances, has a role in controlling all goods entering and leaving Kosovo.
The Integrated Border Management National Strategy and Action Plan provides the direction
that should be followed in order to strengthen cooperation and coordination between these
two main bodies in combating the use, trade, transport and production of illegal SALW,
ammunition and explosive materials.
7.7. Role of the Ministry of Health
Ministry of Health participates in the examination of medical capability to possess a weapon
in Kosovo, in accordance with Law on Weapons.
MoH executes these activities via assigned health institutions and the personnel employed
within them.
MoH will continuously monitor the medical capability of weapons owners and inform the
MoIA when an individual loses that capability, proven through a medical check up.
7.8. Ministry of Education, Science and Technology
Ministry of Education, Science and Technology participates in the SALW use prevention,
through regular education programmes, by organizing curricular and extracurricular activities
wherein parents and the community can be involved.
Department for development of Pre-University Education is responsible to implement regular
programmes and organize extracurricular activities, cooperating with Kosovo Parents’
Committee for Education in relation to various awareness campaigns for the youth in schools.
Page 22
7.9. Ministry of Trade and Industry
The role of the Ministry of Trade and Industry, in cooperation with the Department of Public
Safety and the Kosovo Police, is to control companies involved in the trade in SALW,
ammunition and Explosive materials.
7.10. Independent Commission for Mines and Minerals
The Independent Commission for Mines and Minerals will cooperate with the MoIA for
adequate implementation of the law on Civil use of explosives.
7.11. Ministry of Local Government Administration
The Ministry of Local Government Administration will assist and advocate active
participation of the local authorities towards implementation of this strategy.
7.12. Ministry of Environment and Spatial Planning
Ministry of Environment and Spatial Planning will cooperate with MoIA for implementation
and updating ............. on stockpiles or other actions being hazardous for the environment.
7.13. Kosovo Prosecutor Office
•
In accordance with Criminal Procedure Code and the Law on Special Prosecution
Office of the Republic of Kosovo, Kosovo Prosecutor Office shall contribute to
implementation of this strategy, by prioritizing cases related to commission of
criminal offences, organized crime involved in arms trade, illegal possession, control
or unauthorized use of weapon as well transactions.
7.14. Kosovo Statistical Office
The Kosovo Statistical Office will cooperate with MoIA in order to ensure effective statistical
information on SALW related injuries according to WHO standards.
7.15. Ministry of Kosovo Security Force
MKSF will cooperate in implementation of the activities foreseen by this strategy, which are
in accordance with legal framework on KSF.
7.16. Ministry of Foreign Affairs
Ministry of Foreign Affairs, in cooperation with the MoIA will ensure adequate
implementation of embargoes and the European Code of Conduct of Arms Exports.
The Ministry of Foreign Affairs will also be the executive agency for approving and sending
out progress report to relevant international organizations for control of SALW.
7.17. Kosovo Intelligence Agency
Page 23
The Kosovo intelligence Agency will cooperate for the implementation of this strategy in
activities related to organized crime and SALW as a direct threat to state security.
7.18. Ministry of Agriculture, Forestry and Rural Development
The role of the Ministry of Agriculture is to responsible for controlling weapons owned by
Forest Guards as well as supervision on implementation of the Law on Hunting.
7.19. Ministry of Culture, Youth and Sports
MCYS supports implementation of this Strategy through implementation of the Youth Action
Plan and implementation of the policies on arms in museum, implementation of standards for
the Shooting Associations.
VIII. INTERNATIONAL COOPERATION
SALW production, distribution; conversion and use are an issue that necessitates for the
cooperation of institutions and organizations, regional and global, at a partnership level.
In this strategy we aim to create conditions for addressing illegal SALW, in cooperation with
European Institutions and the earliest possible integration in the European Union.
Mutual cooperation and collaboration between Kosovo institutions and other international
institutions involved in preventing, combating and controlling SALW is required.
IX. STRATEGY IMPLEMENTATION, MONITORING AND EVALUATION
9.1 Role of the monitoring system
Strategy implementation process will encompass the achievement of the strategic objectives,
specific objectives and activities. The monitoring and evaluation of the outcomes of objective
implementation and the effectiveness of respective activities will comprise an integral part of
the Strategy process and the key components to its delivery. Monitoring and evaluation will
provide the means to measure progress in relation to the stated objectives, to evaluate the need
and establish the direction of regulations, in particular in relation to activities.
The monitoring process shall be carried out by the responsible institutions, with a wide
participation from stakeholders.
The main dimensions of strategy monitoring and evaluation are:
• Institutional capacities;
• Performance indicators;
• Information sources and measuring instruments;
• Dissemination and utilization of the outcomes of monitoring and evaluation.
Page 24
9.2 Institutional Capacities for Monitoring and Evaluation
The monitoring and evaluation system shall cover all institutions responsible for the
implementation of objectives defined within the Strategy and Action Plan
• Ministry of Internal Affairs, as the leading institution in strategy implementation, shall
establish the Strategy Monitoring and Evaluation Unit under the National SALW
Coordinator. This unit shall monitor against the most important indicators in relation
to SALW and shall prepare a progress report on the outcomes of objectives’
implementation.
• Line Ministries will report on the monitoring and evaluation of the activities allocated
to these ministries or their subordinate institutions, including prosecutor offices and
courts as well. These institutions will submit periodic reports to the National
Coordinator, in order to ensure coherent reporting.
• Non-Governmental Organizations shall take part in monitoring and evaluation, in joint
roundtable discussions facilitated by the Coordinator. In these roundtable discussions,
civil society will present observation reports with regard to projects and programmes
carried out by them.
9.3 Selection of the Monitoring and Evaluation Indicators
Final Indicators
1. Number of respective laws and sublegal acts, that have entered into force following
the approval of the Strategy;
2. Structures established
3. Number of bilateral and multilateral agreements signed with other countries;
4. Strategy monitoring and evaluation reports,
5. Percentage of the population that has become aware about the SALW misuse issue,
6. Number of curriculum and textbooks addressing SALW,
7. Number of SALW related cases treated on the medical aspect,
8. Number of illegal SALW collected;
9. Number of armed violence incidents reported;
10. Average of sentences and additional measures of confiscation for SALW misuse
crime perpetrators
11. Number of cases dealt with by the Police, Prosecution and Courts.
12. Number of extracurricular activities implemented.
9.4 Intermediate indicators
The intermediate indicators are utilized in monitoring activities set in the Action Plan for
controlling SALW.
9.5 Monitoring and Evaluation Instruments
1. Standardized data collection and processing system;
2. Administrative, Statistical Data from MIA (Police), MoJ, MoH, MFE (Customs,
Kosovo Tax Administration), MEST, Prosecution, Courts, MLSW;
3. National and international referral mechanisms;
Page 25
4. Surveys and observations targeted on the population’s awareness in relation to SALW
issue.
9.6 Dissemination and Use of Monitoring and Evaluation Outcomes
Monitoring and evaluation outcomes shall be disseminated in order to announce progress
made in controlling and collecting SALW. Once progress reports are drawn out from data and
observations, they will be circulated to users, which include, but are not limited to:
1. Central and local institutions,
2. International partners,
3. Civil society,
4. Media
5. Wider public.
X. ACTION PLAN
The Action Plan will be drafted within the overall strategic framework defined with the
National Small Arms Control and Collection Strategy.
The action plan for the execution of the strategy will be comprised of the following:
• Overall objectives;
• Specific objectives;
• Concrete activities in order to achieve objectives,
• It will determine responsible and supportive institutions for achieving each objective
and activity;
• It will specify the timeframe for achieving each objective;
• It will determine necessary funding sources in developing the activities;
• It will determine indicators set against each objective and activity.
The Action Plan should be coherent with the Overall Framework of the National Small Arms
and Light Weapons Control and Collection Strategy of the Republic of Kosovo.
Page 26
Annex A
Most Relevant International Agreements
Framework or
instrument
UN Firearms
Protocol2
Summary
This is the first major policy document on SALW adopted at the UN. This
protocol supplements the 2001 UN Convention against Transnational
Organized Crime. Measures stipulated in the UN Firearms Protocol
include:
Strengthening national legislation; and
Enhanced information exchange among governments on illicit firearms,
their traders, sources and trafficking routes.
Action Required
Ratification
UN Programme
of Action on
SALW3
The UN PoA addresses a more comprehensive scope of SALW than the
UN Firearms Protocol and also pertains to state-to-state transfers of
SALW. It envisions spheres of action against SALW at the international,
regional, national and local levels, and calls for close cooperation among
states to reach stated goals, including information sharing, assistance and
standard setting and highlights the role of regional organizations in
fostering this cooperation. Governments have made a commitment to meet
every two years to exchange information on their implementation of the
PoA.
Joining
OSCE Document
on SALW4
The OSCE Document on SALW recognizes the contribution destabilizing
accumulations of SALW have made to recent regional conflicts. It divides
the tasks for combating the proliferation and spreading of SALW into
several categories of norms and measures, and envisages a potential role
for its missions and field offices in implementation. These categories
encompass:
National regulations on SALW, including controls over manufacturing,
marking and record-keeping;
Monitoring and regulation of international trade in SALW, including
brokering regulation, common export
criteria and transfer controls and information exchange; and
Weapons collection, stockpile management and surplus disposal –
crucial to the reduction of destabilizing accumulations and the
uncontrolled spread of small arms and the prevention of illicit trafficking.
Joining
OSCE Document
on Stockpiles
of Conventional
Ammunition5
The OSCE Document on Stockpiles of Conventional Ammunition was
adopted in 2003 and complements the
OSCE Document on SALW. The agreement encompasses all categories of
conventional ammunition, explosive material and detonating devices,
including heavy weapons ammunition, all types of mines, missiles and
rocket fuel, grenades, fuses. The document provides practical procedures
and mechanisms for the destruction of these surplus stockpiles. The final
goal is to enable participating states to strengthen their national capacities
so they can deal with specific problems on their own, building wherever
possible on their own assets.
Joining
OSCE Decision
on Man-Portable
The OSCE Decision on MANPADS adopts the principles for increased
export controls of MANPADS, which have been drawn from the
Joining
2
Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition,
supplementing the United Nations
Convention against Transnational Organized Crime (the Firearms Protocol). (Entered into Force on 03 July 2005).
3
United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
All Its Aspects. (UN Document
A/CONF.192/15). July 2001.
4
5
OSCE Document on Small Arms and Light Weapons. (FSC.JOUR/314). 24 November 2000
OSCE Document on Stockpiles of Conventional Ammunition. (FSC.DOC/1/03). 19 November 2003.
Page 27
Air Defense
Systems
(MANPADS)6
Wassenaar Arrangement’s ‘Elements for Export Controls of Man-Portable
Air Defense Systems’.
OSCE Decision
on End User
Certificates7
This decision reaffirms the commitments of participating States to observe,
as one of the key standards underpinning export documentation that no
export license is issued without an authenticated end-user certificate or
some other form of official authorization issued by the receiving State. The
decision covers the requirements of End User Certificate documentation
and mechanisms.
Joining
OSCE Decision
on Brokering8
This decision states the principles agreed by States to control arms
brokering in order to avoid circumvention of sanctions adopted by the
Security Council of the United Nations; decisions taken by the OSCE,
including the criteria set forth in Section II A of the OSCE Document on
SALW; other agreements on SALW, or other arms control and
disarmament agreements, to minimize the risk of diversion of SALW into
illegal markets, inter alia, into the hands of terrorists and other criminal
groups; and to reinforce the export control of SALW. In order to achieve
these objectives, the participating States will endeavour to ensure that their
existing or future national legislation on arms brokering is in conformity
with provisions contained within the document
The EU through its Joint Action on combating the destabilizing
accumulation and spread of small arms, provides financial and technical
assistance to countries, groups of countries, international organizations and
NGOs which request support. Since 1999, through the Joint Action, the
EU has adopted 14 such actions in Eastern Europe, in Latin America and
the Caribbean, in Asia and in Africa. Among geographic priorities decided
by the European Council, specific attention was given to the destruction of
existing stockpiles of SALW in Eastern and South Eastern Europe, and to
actions in support of regional moratoria on small arms in Africa.
Joining
EU Code of
Conduct on
Arms Exports10
The EU Code of Conduct represents a model for the control of
conventional military exports, which was introduced by the European
Union as a political commitment in 1998. It establishes common criteria
for the approval of exports and envisages transparency provisions such as
the publication of an Annual Report that provides civil society as well as
the official community with a tool to evaluate the performance of
individual states. The EU Code of Conduct is undergoing its first revision
aimed at becoming a legally binding Common Position of the EU.
Joining
EU Strategy to
Combat Illicit
Accumulation
and Trafficking
of SALW and
Ammunition11
On 16 December 2005, the European Council adopted a Strategy to
support the Joint Action on SALW of 2002 (2002/589/CFSP). The
Strategy has been written within the framework of the European Security
Strategy (2003), as was a similar strategy on Weapons of Mass Destruction
in 2003. The aim is to develop an “integrated approach and a
comprehensive plan of action to combat the illicit trade in SALW and their
ammunition”.
Joining
EU Common
Position
The objective of the Common Position is to control arms brokering in
order to avoid circumvention of UN, EU or OSCE arms embargoes as well
Joining
EU Joint Action
on SALW9
Joining
6
OSCE Decision on Man-Portable Air Defense Systems. (Decision No. 7/03). (FSC.DEC/07/03). 23 July 2003.
OSCE Decision on End User Certificates and Verification Procedures for SALW Exports. (Decision No. 05/04).
(FSC.DEC/5/04). 17 November 2004.
7
8
OSCE Decision on Principles for the Control of Brokering in SALW. (Decision No. 08/04). (FSC.DEC/8/04). 24 November
2004.
9
EU Council Joint Action on the European Union’s contribution to combating the destabilising accumulation and spread of small
arms and light weapons and
repealing Joint Action 1999/34/CFSP. (2002/589/CFSP). 12 July 2002.
10
EU Code of Conduct for Arms Exports, 08 June 1998.
11
EU Strategy to Combat Illicit Accumulation and Trafficking of SALW and their Ammunition. Council of the European Union
5319/06 of 13 January 2006.
(Adopted 15 - 16 December 2005).
Page 28
on Arms
Brokering12
as of the criteria stipulated in the EU Code of Conduct. It obliges EU
Member States to establish a clear legal framework for brokering
activities. Part of this framework is a licensing system where the
applications for a license are assessed for specific brokering transactions
against the provisions of the EU Code of Conduct. The Common Position
also envisages the establishment of an information exchange mechanism
on brokering activities.
Stability Pact
SALW Regional
Implementation
Plan13
In November 2001 the Stability Pact for South Eastern Europe (SCSP)16
produced a Regional Implementation
Plan (SP SALW RIP) to combat the uncontrolled proliferation of Small
Arms and Light Weapons (SALW). This
plan was revised in May 2006. In contrast to many other arms control
agreements, the SP SALW RIP provided concrete mechanisms for
assisting countries’ implementation of commitments and involving those
governments in priority setting and decision-making on region-wide
efforts. These mechanisms are supported or implemented through
SEESAC at the regional level, and through a range of internationally
supported initiatives within individual countries.17 At the political level,
the SP SALW RIP is to be considered a success, and it has provided a
valuable and effective mandate to drive an effective response at the
operational level.
Joining
12
Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms brokering. OJ L 156, 25.05.2003, pp. 7980.
13
Combating the Proliferation of SALW - Stability Pact Regional Implementation Plan for South Eastern Europe, 28 November
2001. (Revised May 2006).
(www.stabilitypact.org).
Page 29
Page 30
Annex B
Action plan
FA
Strategic
Objectives
Specific
Objectives
1
FA1.1.
Increased
cooperation and
information
sharing between
relevant actors
for border
control, which
means the
police and
customs
Full control
over import,
export and
transit of
SALW,
ammunition
and explosive
materials
FA1.2.
Implementation
of applicable
legislation for
import, export
and transit,
including
embargoes and
European Code
of Conduct.
FA1.3. Increase
regional
cooperation
Activities
Responsible
and
supporting
institutions
MIA
Police
Customs
Time frame
Budgetary
Implications
(Euro)
Indicators
2010
Donation paid
Installed software
FF1.1.2. Harmonize
existing procedures
in compliance with
current procedures
of Chapter 7
Schenghen
FF1.1.3.
Synchronization of
SOP between two
institutions
FF 1.2.1. Case
study
for
implementation of
European Code of
Conduct
Police
Customs
2010
Administrative
costs
Harmonized and approved
procedures
Police
Customs
2010
Administrative
costs
MIA
MFA
KIA
ongoing
Administrative
costs
Report on case study
1.3.1. Organization
of 2 regional level
conferences related
MIA
MFA
2010-2011
20.000
Organized conferences
FA1.1.1.
Implementation of
WRMS in border
crossing points
Page 31
Harmonized and approved
procedures
with
neighboring
countries
related to
SALW issues.
to SALW
FA 1.4.
Cooperation
with Interpol
and EUPOL
related to
SALW issues
1.4.1. Sharing of
information
1.3.2. Establishment
of direct
communication on
SAL W issues
1.4.2. Presentation
of police
international
mechanisms
Page 32
Organized meetings
MIA
MFA
Ongoing
Administrative
costs
Kosovo Police
Ongoing
Administrative
costs
Achieved cooperation
Ongoing
Disseminated information
MIA
KP
Administrative
costs
Strategic objectives
Specific objectives
Activities
2
FA2.1. Further
development of
legislative
framework,
including sub-legal
acts
FA
2.1.1.
Approval of sublegal
acts
for
implementation of
Law on Weapons
FA 2.1.2.
Approval of Law
on Industry of
Private
Security
(IPS), drafting and
approval of sublegal acts of law on
IPS
Development,
implementation and
supervision of legal
framework in line
with international and
European standards in
order to ensure full
control over SALW
in Kosovo.
Page 33
Responsible
and
supporting
institutions
MIA
Time frame
Budgetary
implications
(Euro)
Indicators
2010
none
Approved
Kosovo
Assembly and
MIA
2010
none
Approved
FA 2.1.3.
Approval of Law
on equipment for
special
purposes
(ESP), drafting and
approval of sublegal acts of Law
on ESP
Kosovo
Assembly and
MIA
2010
none
Approved
FA
2.1.4.
Amendment
of
Law on Hunting.
FA
2.1.5.
Approval of draft
law on amendment
of law on civilian
use of explosives
and approval of
sub-legal acts of
this law.
FA 2.1.6.
MFARD
2010
none
Approved
Kosovo
Assembly and
MIA
2010
none
Approved
Kosovo
2009-2010
none
Approved
FA
2.2.
Supervision
of
implementation of
relevant legislation
FF2.3. Kosovo
will be in
compliance with
international legal
instruments
Page 34
Inclusion in the
legislative strategy
for 2010 as well as
approval of Law on
voluntary
surrender, drafting
and approval of
sub-legal acts of
law on volunteer
surrender.
Assembly and
MIA, MoJ
FA 2.2.1.
Inspection
of
implementation of
current legislation
MIA
Ongoing
Administrative
cost
Reports on
conducted
inspections
FA
2.2.2.
Implementation of
supporting
tools
(IBIS,
WRMS,
FireCat. AmmoCat
and ExploCon)
MIA
KP
2010
2 million
provided by EC
and UNDP
Supporting
tools are
functional
MIA
OPM
MFA
Ongoing
Administrative
cost
In compliance
with
agreements
2.3.1. Proposals in
OPM on relevant
agreements
FA
Strategic objectives
Specific
objectives
3
FA 3.1. Further
implementation
of
supporting
tools
Development,
implementation and
supervision of
collection and
dissemination of
information between
law enforcement
agencies in order to
use in the decision
making process or
development of
preventive/reactive
operations.
Activities
FA3.1.1.
Integration of
WRMS to
information
and
management
system
FA3.1.2.
Integration of
ExploCon to
information
and
management
system
FA3.1.2.
Integration of
IBIS to
information
and
management
system
FA3.2.1.
FF 3.2.Further
development of
intelligence
model for SALW,
ammunition and
explosive
materials
FA
3.3.
Implementation
of study for
tracing
of
ammunition
Page 35
Time
frame
Budgetary
implications
(Euro)
Indicators
2010
none
Integrated system
MIA, DPS,
KP, ICMM
2010
none
Integrated system
MIA, KP,
Courts
2010
none
Integrated system
MIA
KP
Ongoing
FA3.3.1.
Train forensic
lab on tracing
and implement
the tracing
model
FA3.3.2.
Drafting of
periodical and
analytical
reports on
crimes with
MIA
2010
none
Integrated forensic lab
trained
KP-DAK
Ongoing
Administrative
cost
Drafted reports
Reviewed procedures
Administrative
cost
Review of
existing
procedures
FF
3.4.
Implementation
of analysis for
crimes
with
SALW
Responsible
and
supporting
institutions
MIA, KP,
Customs
SALW
FA
Strategic objectives
Specific
objectives
Activities
4
FA 4.1.
Implementation
of plan on
raising
awareness for
SALW related
to legislative
framework
FA4.1.1.
Update
webpage on
crime
prevention and
additional
information
related to
applicable
legislation.
FA4.1.2.
Information
and public
awareness on
relevant laws at
local and
central level
Increase the
support through
public
information,
advocacy, and
education from all
social groups for
strategy and
manner of
implementation
FF
4.2.
Drafting
and
implementation
of
raise
awareness
campaign
in
compliance
with
State
Program
of
collection
of
weapons,
ammunition
and explosive
materials
through
volunteer
surrender.
See Annex
Page 36
Responsible
and
supporting
institutions
MIA, MAP
Time frame
Budgetary
implications
(Euro)
Indicators
Ongoing
Administrative
costs
Update of webpage
MIA,
KKSP,EVSB,
Civil Society
and specialized
NGOs
2010
100 000
provided UNDP
Organized campaign
FA
Strategic objective
Specific objective
5
FA 5.1. Implementation of
collection through volunteer
surrender
of
weapons,
ammunition
and explosive
materials (see annex)
See Annex
FA 5.2. Implementation of Law
on weapons related to
inefficiency/deactivation,
legalization
and
found
weapons.
FA 5.2.1. Drafting
of procedures for
deactivation
FA 5.2.2. Drafting
of procedures for
legalization
FA 5.2.3. Drafting
of procedures for
found weapons
FA 5.3. 1 Usage of
intelligent data on
operation over
illegal stockpiles
FA 5.3.2
Equipment of unit
K9 in KP to be
additional for
detection of
ammunition and
explosive
materials
FA 5.3.3.
Implementation of
actions against
converted weapons
Implementation of
intelligence led
operations based
on the detailed
analysis on
converted weapons
Establishment and
implementation of
policies for
reduction of illegal
SALW spreading
in a number of
ways, including
legalization,
deactivation,
reporting of lost
and found SALW,
surrender and
sequestration.
FA 5.3 .Implementation of
confiscation operations
Activities
Page 37
Responsible
and
supporting
institutions
Time
frame
Budgetary
implications
(Euro)
Indicators
MIA
2010
Administrative
cost
Approved procedures
MIA
2010
Administrative
cost
MIA
2010
Administrative
cost
KIA,
KP/DAK
Ongoing
Administrative
cost
Number of deactivated weapons
Approved procedures
Number of legalized weapons
Approved procedures
Number of lost and found weapons
Conducted operations based on data
Number of confiscated weapons
KP
Ongoing
Ongoing
KP
Customs
KP/Donation
Administrative
costs
K9 is equipped and functional
Number of found weapons
FA
Strategic objective
Specific objectives
6
FA 6.1. Destruction of illegal
weapons
Destruction of illegal weapons
in line with the UN Firearms
protocol and prevention of
collected weapons to be
brought back into the illegal
market.
Drafting of
standard
procedures for
destruction of
weapons.
Responsible
and
supporting
institutions
MIA
Time
frame
Budgetary
implications
(Euro)
Indicators
K1 2010
Administrative
costs
Approved
procedures on
destruction of
weapons
KP
Locations where
weapons will be
destroyed
MIA
MESP
MLGA
KP
FA 6.2. Destruction of illegal
ammunition
FA 6.3. Destruction of illegal and
insecure explosive materials
Activities
Page 38
K2 2010
Certain locations
Administrative
costs
FA 6.1.1.
Organization of
public events on
SALW
destruction
Drafting of
standard
procedures on
destruction of
illegal
ammunition and
explosive
materials
MIA
Courts and
Prosecution
MKSF
Ongoing
50,000
(contribution from
donators)
MIA
K1 2010
Administrative
costs
FA 6.1.2.
Organization of
events on
destruction of
illegal
ammunition and
explosive
materials
MIA
Courts and
Prosecution
MKSF
KP
Ongoing
none
Number of
destroyed
weapons .
Verification of
evidences.
Approved
procedures on
destruction of
illegal
ammunition and
explosive
materials
FA
Strategic objective
Specific objective
Activities
7
FA
7.1.
Implementation
and supervision of
legal framework
on storage and
stockpile
management.
FA 7.1.1.
Drafting,
approval and
publication of
Kosovo
standards on
storage of
weapons,
ammunition
and explosive
materials
FA 7.1.2.
Implementation
and control of
storage rooms
for weapons,
ammunition and
explosive
materials
Development
(drafting) and
implementation of
policies for stockpiles
management
FA
7.2.
Implementation of
identification
of
storage rooms of
ammunition and
explosives
that
have to do with
FA 7.1.3.
Ensure that
emergency
measures for
danger resulting
from
ammunition and
explosive
devices are
included in the
law on fire
prevention
7.2.1.
Identification of
storage rooms
of dangerous
goods and
synchronization
of analysis with
Page 39
Responsible and
supporting
institutions
MIA
MTI/agency on
standardization MKSF
Time
frame
K2 2010
Budgetary
implications
(Euro)
none
Indicators
Approved Kosovo standards for storage of
weapons, ammunition and explosive
materials
MIA
KP
KIA
MJ/CS
MAFRD/Forestry
Agency
MFE/Customs
MCYS/museums
MTI/agency for
standardization
MKSF
MIA/Department for
emergency in
cooperation with legal
office
Ongoing
Covered
with budget
of law on
ESP and law
on weapons
Regular reports of inspections of storage
rooms
K2 2010
Covered
with budget
foreseen by
relevant
laws
Law on fire prevention
MIA
K4 2010
20000
Map, developed and updated
MTI
MKSF
MEM
MESP
MTC
countries
of
critical
infrastructure and
storage rooms of
dangerous goods
such
as:
gas
stations, etc...
licensing
procedures
Page 40
MFE/Customs
PK
MLGA
And other relevant
institutions
FA
Strategic objective
Specific
objectives
8
FA 8.1. Provide
sufficient human
resources
for
implementation of
relevant
legislative
framework
Development of
institutional and
administrative
capacities
necessary for
adjusting the field
of SALW and
control
mechanisms
necessary for the
implementation
of the strategy
and action plan
.(to be discussed)
FF 8.2.Training
of
staff
on
implementation of
volunteer
surrender
initiative
Activities
8.1.1. Delegation of
representatives by
responsible
institutions.
8.1.2. Training of
personnel on
supporting/relevant
documents
See Annex
Page 41
Responsible and
supporting
institutions
MIA/Department of
Public Safety
MIA
MKSF
International
partners
Time frame
K1 2010
Budgetary
implications
(Euro)
Administrative
costs
Indicators
List of representatives by the
Ministries
Trained staff
2010/ongoing
Donors
1 million
FA
Strategic objectives
Specific
objectives
9
FA 9.1. Review
of strategy for
safety
of
communities
Increase of
comprehensive
support for SALW
Control and
Collection Strategy
and active citizenship
Activities
FA9.1.1. establishment of
working group
FA9.1.2. drafting and
approval of strategy for
community safety
I
FA
9.2.
Opening
of
additional
initiatives for
community
safety
FA9. 2.1
Spreading/establishment of
initiative for community
safety to municipalities
FA
9.3.Opening of
additional
centers
for
community
safety
FA9. 3.1 Establishment of
centers for community safety
in municipalities
Page 42
Responsible
and
supporting
institutions
MIA
KP
Kosovo
community
base
policing
steering group
MLGA
MIA
KP
Kosovo
community
base
policing
steering group
MLGA
MIA
KP
Kosovo
community
base
policing
steering group
MLGA
Local
Government
MIA
KP
Kosovo
community
base
policing
steering group
MLGA
Local
Government
Time frame
Budgetary
implications
(Euro)
Indicators
K3 2010
Administrative
costs
Established groups
K3 2010
Administrative
costs
Approved strategy
2010/ ongoing
Donors
Approval of community plans
Intermediate report from
municipalities
2010/ongoing
Donors
Community centers established
and operational
FA
Strategic objectives
Specific objectives
Activities
10
FA 10.1. Development of table
with monitoring and
assessment point
10.1.1.
Formulate
methodology
and version of
table
Timely, accurate and
equal implementation of
the SALW Control and
collection strategy.
10.1.2. To be
disseminated to
the institutions
and to train
staff
To develop
reporting
mechanism
(OSCE)
Page 43
Responsible
and
supporting
institutions
MIA
Time
frame
Budgetary
implications
(Euro)
Indicators
2010
Administrative
cost
Work and
report
methodology
exists
FA
Strategic objectives
11
Integrated
response that will
enhance the
overall security in
Kosovo
Specific objectives
FA
11.1.
FA11.1.Integration
of
SALW
Control
and
Collection Strategy into the
Kosovo Security Policy
Page 44
Activities
Working group
on
synchronization
of strategies
Responsible
and
supporting
institutions
Secretariat of
Kosovo
Security
Council
Time
frame
ongoing
Budgetary
implications
(Euro)
Indicators
Administrative
cost
SALW
integrated
into the
Kosovo
Security
Policy
Annex C
The Republic of Kosovo
Ministry of Internal Affairs
STATE PROGRAM
for improving public safety through the collection and voluntary
surrender of weapons, ammunition and explosive materials,
(further in the text; State Program)
October 2009
Page 45
Introduction
1.1. The Need for a Small Arms Light weapons Collection Strategy
Illegal possession has been most visible in the Republic of Kosovo through its use in crime. This was
confirmed by the analysis and investigation of the Ministry of Internal Affairs and the Kosovo Police
on the number of criminal acts in this area as well as the confiscation of illegal weapons, ammunition
and explosive materials. More alarming is that lately it has been noticed that weapons are also used
by youth gangs and violence in schools.
This situation is a reflection is a series of unfavorable economic, political and security development in
the Balkans which mainly happened between 1990 and 2000. Weapons possession has been linked to
the armed conflict in Kosovo and several weapons have been left behind. Furthermore weapons have
been bought and possessed for personal, property and family protection in the transition period.
Previous similar initiatives implemented by international organizations have shown limited success in
Kosovo, and among some of the reasons was mentioned lack of involvement of the Kosovo
Governmental Institutions.
The implementation of an organized voluntary surrender lead and owned by Kosovo Governmental
institutions is further driven by the Euro- Atlantic integration process but also to change the image of
Kosovo. Kosovo is determined to get in line with EU, OSCE and UN Standards concerning Civilian
weapons possession and a new legislative framework and Kosovo SALW strategy are approved and
in force. Furthermore the implementation of this initiative will be in function of preventing use of
weapons against the citizens of Kosovo and further contribute to stability.
Looking into modalities for implementation of the operation, at the same time taking especially into
account the current development, needs and possibilities of the country and the assessments
concerning the success of the operation, The Government of Kosovo has decided to implement an
Kosovo wide strategy based upon an administrative instruction to the law on weapons and to use the
model of voluntary surrender of weapons, ammunition and explosive materials in a predetermined
period, without identification of the owners of the weapons, that means exoneration of the
prosecution for acts that represent criminal or other punitive acts.
The Government will further ask assistance from the KFOR mission for storing the collected items,
technical advice from UNDP KOSSAC and an observing mission by the international organizations
(OSCE, EULEX, UNMIK and the diplomatic missions).
The activities planned are an integral part of the Kosovo SALW strategy and will use the
model:”Weapons in Exchange for Incentives.”
Page 46
II. Background
Since the end of the 1999 conflict, SALW have been removed from Kosovan society by KFOR
and the police through a combination of seizures and collections. To date, amnesty periods were
held in 2001, 2002 and 2003, during which illicit SALW could be voluntarily surrendered to
KFOR and the police. As Table below shows, the results of the amnesty and collection
campaigns are poor in comparison to the estimated number of unregistered weapons in Kosovo.
The 2003 collection campaign, organized jointly by UNDP, UNMIK and KFOR, stands out as
particularly low in this regard.
Date
Firearms
Actors
9,978
Rounds of
Ammunition
5,000.000
21
June
–
19
September 1999
01 May – 03 June
2001
15 March – 15 April
2002
01 – 30 September
2003
777
31,000
UNMIK - KFOR
496
59,200
UNMIK - KFOR
155
KFOR
UNDP – UNMIK KFOR
The last initiative shows the lowest figures of them all, but it should be stated that during the
same period over 33,000 weapons have been legalized and registered.
History of weapons collection in Kosovo:
1. 1. The amnesties have been organized jointly by KFOR and UNMIK. They have permitted
people to hand back weapons anonymously either to the police or to KFOR, and special
hand-in points have been designated for that purpose. During the second amnesty, more than
80 per cent of the weapons were collected by KFOR, which had better organizational means
and resources to implement the amnesty. In addition to the weapons handed in, the authorities
noted that there were more ‘casual findings’ of weapons during the period of the amnesty.
This appears to indicate that people who did not trust the authorities’ promise of anonymity
left guns in areas where KFOR or UNMIK Police would probably find them.E
2. Organized weapons collection programmes have a long and difficult history in
Kosovo.
Seizures date back at least to the Ottomans. In 1844, as part of a modernizing reform
package, the authorities in Istanbul started to strengthen their control over previously
quite remotely governed regions like Kosovo. These new measures also included
attempts to disarm the local population. As the modernizing reform was strongly
resisted in conservative Kosovo throughout the following decades, more guns were
confiscated in successive campaigns to keep the population under control. One of the
reasons that the revolutionary so-called Young Turks received the support of
conservative Albanians in Kosovo, in their attempts to wrestle the power from the old
Page 47
guard in power in Istanbul, was that they promised to respect the Albanians’
traditional rights, including the right to carry arms.
In the first decade of the twentieth century, people in Kosovo again rebelled against
the Ottomans, this time because of new taxes. To quell the resistance, Ottoman troops
were sent to Pejë/Pec and Gjakovë/–Dakovica, where taxes were forcefully collected,
the population registered, and arms confiscated. For example, in 1910, as many as
147,525 guns were allegedly confiscated through harsh means. In the same move, all
knives other than bread-knives were banned.
During the first half of the twentieth century, when Albanians were under
Serb/Yugoslav rule, the Serbian gendarmerie conducted what it called disarmament
expeditions, but which in fact amounted to ethnically-based systematic violence
against the Albanians. In the early post-Second World War period the federal
Yugoslav police, under Minister of Interior Aleksander Rankovic, attempted to
collect arms forcibly from the population. In the winter of 1956, these house-to house
seizure programmes led to beatings, torture, and even killings. According to Noel
Malcolm, ‘so severe was the treatment of those who failed to hand over a gun that
many Albanians would prudently buy a weapon in order to have something to
surrender’ (1998, pp. 320–21).
As the Yugoslav federation was dismembered in the 1990s, Milosevic continued the
tradition of violent weapons collection. Kosovo Albanians were beaten, tortured, or
wrongfully fined in weapons seizure operations.
Sources: Malcolm (1998); Jansen (2002)
Lessons learned from earlier implemented initiatives:
1. The first two amnesties have been organized jointly by KFOR and UNMIK. They have
permitted people to hand back weapons anonymously either to the police or to KFOR, and
special hand-in points have been designated for that purpose. During the second amnesty,
more than 80 per cent of the weapons were collected by KFOR, which had better
organizational means and resources to implement the amnesty. In addition to the weapons
handed in, the authorities noted that there were more ‘casual findings’ of weapons during the
period of the amnesty. This appears to indicate that people who did not trust the authorities’
promise of anonymity left guns in areas where KFOR or UNMIK Police would probably find
them;
2. The third amnesty has been implemented jointly by UNDP, KFOR and UNMIK and were
based on “a weapons for development “approach, which in practice meant that
communities/municipalities would be rewarded if they were able to collect a sufficient
number of weapons. The initiative had no success, on the one hand because the donor
contributions were very high at this moment ; and on the other hand that weapons are kept at
individual level and not at community level;
3. During the three initiatives there was also a lack of explicit information at grass root level,
what exactly should be done and where to do;
4. Trust in the organizing institutions was not sufficient;
5. There was not enough support from the political leaders and the transparency was not well
promoted;
6. There was a feeling of unilateral disarmament.
7. There were no special operations on the ground while doing the amnesty, leading to public
awareness without reinforcement of special operations can lead to only 50 % success.
Page 48
Perception towards a voluntary surrender ( Details survey January 2009)
D16. (VOLUNTARY SURRENDER) Do you think the government should organize a voluntary
surrender of illegal weapons? (please circle one option) * E6. (ETHNICITY) Which is your
ethnicity/what group do you Crosstabulation
% of Total
E6. (ETHNICITY) Which is your
ethnicity/what group do you
Albanian
Serb
Others
D16. (VOLUNTARY
SURRENDER) Do you
think the government
should organize a
voluntary surrender of
illegal weapons? (please
circle one option)
Yes
Not at all
Do not know
40.4%
1.5%
8.9%
50.8%
7.4%
1.3%
2.9%
11.6%
18.6%
3.7%
5.6%
27.9%
.2%
9.3%
.2%
9.7%
66.6%
15.8%
17.6%
100.0%
Ref/Does not answer
Total
Total
D18. (VOLUNTARY SURRENDER) Do you think citizens should surrender their illegal weapons?
(please circle one option) * E6. (ETHNICITY) Which is your ethnicity/what group do you
Crosstabulation
% of Total
D18. (VOLUNTARY
SURRENDER) Do you
think citizens should
surrender their illegal
weapons? (please
circle one option)
E6. (ETHNICITY) Which is your
ethnicity/what group do you
Albanian
Serb
Others
24.4%
7.6%
4.4%
. Yes
Not Yet
19.4%
Not at all
Do not know
Ref/Does not answer
Total
Page 49
1.0%
5.0%
Total
36.5%
25.3%
4.6%
.2%
2.4%
7.1%
17.8%
4.7%
5.2%
27.7%
.5%
2.4%
.5%
3.3%
66.6%
15.8%
17.6%
100.0%
19. (VOLUNTARY SURRENDER) To whom do you think citizens would prefer to surrender thei
egal weapons? (please circle one option) * E6. (ETHNICITY) Which is your ethnicity/what grou
do you Crosstabulation
% of Total
D19. (VOLUNTARY
SURRENDER) To
whom do you think
citizens would prefer
to surrender their
illegal weapons?
(please circle one
option)
Total
Police
KFOR
Municipal council
KPC
OSCE
EULEX
Do not know
Ref/Does not answer
E6. (ETHNICITY) Which is your
ethnicity/what group do you
Albanian
Serb
Others
48.8%
5.5%
9.6%
7.8%
4.4%
2.9%
.3%
2.3%
.1%
4.9%
.6%
.2%
.2%
.1%
.5%
4.0%
2.8%
2.4%
.6%
.7%
1.4%
66.6%
15.8%
17.6%
Total
63.9%
15.1%
2.7%
5.6%
.2%
.8%
9.1%
2.6%
100.0%
8.
Legislative framework
Law on weapons, 2009
Compliance with EPAP.
Risk Assessment
• 63 % of the population believes that weapons belong to criminal groups;
• About 50 % of weapons confiscated are pistols and revolvers;
• Besides this, there is a high number of grenades, IED and explosive devices being confiscated;
• No ammunition analysis has been done to date;
• Police is not analysing if there are no weapons coming on the market or these weapons are left
over from the war;
• No detailed analysis has been done where the mayor amount of illegal weapons are possessed. (Is
this linked to the locations where the both combating parties clashed?);
• Political situation and non full control over the North of Kosovo;
• Acceptance of weapons in the society;
• Non sufficient analysis why weapons are being held and why/when people would surrender
weapons.
Page 50
III. Vision and Mission
1.1.Vision
The major objective is to build a peaceful society where the law and order, civil liberties and
human rights can be respected and where the perception of the population living in safe
environment is dominant.
1.2 Mission
The Government of Kosovo has as a mission to protect safety and wellbeing of all inhabitants of
Kosovo and to achieve international standards in the field of Small Arms Light Weapons
possession, doing so further preparing Kosovo for visa liberalization and European and NATO
Integration.
1.3.Strategic Goals
This strategy determines the manner of reduction of the weapons, ammunition, and explosive
materials, collection, storing and destroying of the surrendered items that the citizens illegally
possess in accordance with the law on weapons.
With the implementation of the State Program the following goals should be achieved:
1. Determine the exact number of weapons and the type of weapons present on the illegal
market in Kosovo.
A desk research on surveys implemented during the last years ( 2003 – 2009) will be done in
order to determine the gaps in the exact figures of illegal weapons in Kosovo. This desk research
will be followed by an additional survey implemented during 2009 in order to determine the
amount of illegal weapons in Kosovo. This perception/ distribution survey will be compared with
an analysis done by the police criminal analysis cell.
The Government of Kosovo will take ownership over this survey.
This survey will be valid as the baseline for the collection initiative as will the number of
confiscated weapons and armed violence incidents over the last three years. (2005 – 2008).
In addition, the Kosovo Police DCA will conduct an analysis of weapon related incidents and
arrests for the last 24 months that will evaluate these events by month and region, and will
continue to prepare a monthly summary of all weapon related incidents and arrests by type (e.g.,
UXO, shooting, explosion, weapon possession) by region.
EULEX Interpol Office of Kosovo will request all Interpol member states to report to the
EULEX Interpol Office all arrests involving current or former Kosovo citizens that involve
possession of 2 or more SALW and any incident or arrest involving explosives or explosive
devices.
2. Put in place the institutional framework for successful implementation of a collection
initiative
Page 51
2a. Development of a legal framework on voluntary surrender
A legal framework called law on voluntary surrender, legalization and deactivation of
weapons and voluntary surrender of ammunition and explosives will be drafted allowing
citizens during a given period of amnesty to bring illegal weapons, ammunition and
explosive materials to the collection points or call a call center where they can report the
illegal items for pick up.
The law will refer to an administrative instruction which will determine the operational
plan for implementation of the surrender initiative.
2b. Development of Steering Committee for implementation of the initiative
The law will foresee in the development of Steering Committee minimum including the
Ministry of Internal Affairs, The Ministry of Justice, The Ministry of KSF, The Ministry
of Local Government, and a Non Governmental Organization. This Steering Committee
will be lead by the Chair of the Parliamentary Committee on Internal Affairs and
Security.
2c. Building political consensus
A Parliamentary debate will be initiated through the Speaker of the Parliament in order
the political parties to come to consensus that this initiative is of national interest and
whatever the outcome is this will NOT be used for political goals.
The Parliamentary debate should also trigger the support of all political parties and their
networks to build grass root support for the initiative.
2d. Support increased court efficiency on illegal weapon possession
A specific discussion will be held with the Ministry of Justice and the Prosecutor’s office
to prioritize illegal weapon possession in fining and conviction of persons making illegal
use of weapons.
Specifically, the Ministry of Justice should request that any arrests involving SALW and
explosives be treated seriously and harshly with a strong recommendation that these
individuals be detained (and not immediately released by the court) until further
investigation can be conducted on the origins of the weapon and a forensic evaluation can
be conducted to determine if the weapon had been used in the commission of a crime.
More importantly, the Ministry of Justice should also recommend that any incidents in
which the use of a weapon or explosive that results in death or injury should result in
detention for the suspect(s), particularly during the amnesty period, and that any
conviction related to the above should result in enhanced penalty (fine or incarceration)
to send a strong message that the use of weapons illegally will not be tolerated.
3. Capacity development of implementing actors
Training will be implemented for the members of the collection points by the Ministry of
Internal Affairs – Kosovo Police
4. Implementation of a public awareness campaign
4a. Phase 1: Public information on new law on weapons
4b. Phase 2: Crime prevention, target hardening and police cooperation
Page 52
4c. Phase 3: Building grass root support for a surrender.
Specifically, the public awareness campaign will be based on a detailed target group
analysis. Target audience will be linked to specific objectives in order to create the right
and acceptable message.
The public awareness campaign is the backbone of any successful surrender inititive and
will include minimum the following elements:
a. Straight forward public information on what the amnesty is about, what the
population should do and when to do it
b. SALW awareness meaning messages what to do with unsafe ammunition and
explosive materials
c. SALW advocacy messages meaning persuasive messages to show the effects
of illegal weapons and motivate the population to surrender weapons.
The public awareness campaign will keep especially in mind the gender dimension of
weapon possession but also address the issue of minorities, the perception of the need for
weapons for self or family protection, and the status symbol issue.
5. Development of an operational plan
5a. Development of operation center and collection points
An operation center. lead by a operation chief, belonging to the Kosovo Police and a
deputy belonging to the MIA, will be leading the operation based in a location in the
Parliament.
The operation center delegation will have the following representatives:
1. Representative of the Kosovo Police (patrol officers)
2. Representative of the Kosovo Police (Intervention team)
3. Representative of the KSF (Medevac)
4. Representative of the KSF ( EOD- team)
5. Representative of the MIA ( Logistic support – dangerous goods and police
escort teams)
6. Representative of KFOR (Storage facilities)
7. Representative of the MoLGA ( link with municipalities)
8. Representative of the ……. ( Media contact point and Public awareness
campaign)
9. Spokesperson
10. Representative of UNDP ( technical advisor)
11. Representative of the IC ( Monitoring teams)
5b. Development of confiscation and intelligence led operations
The Kosovo Police, EULEX Police and KFOR should enhance intelligence gathering
endeavors commencing 3 months (or earlier) from the start of the amnesty period. All
leads should be properly pursued at the direction of the prosecutor.
In addition, the Kosovo Police, EULEX Police and KFOR, if requested, should
implement vehicle checkpoints in all regions throughout Kosovo, with emphasis on those
regions and communities in which analysis reveals increased weapon or explosive use, in
Page 53
order to remove as many illegal weapons as possible prior to and during the amnesty in
line with Kosovo laws. The use of KP explosive K-9s at vehicle checkpoints could
potentially enhance detection.
In order to enhance the capabilities of the Kosovo Police in detecting explosives during
traffic stops, searches and during normal patrol, it is recommended that additional K-9s
be purchased for the Kosovo Police and appropriate training be supplied to the Kosovo
Police explosive and weapon K-9 handlers. The goal would be to have the K-9s and
handlers trained and in place before the start of enforcement activities that will support
the collection of SALW before, during and after the surrender amnesty period.
An anonymous hotline in three languages should be developed to report the illegal
possession of these items.
The police will implement an increased number of search and seize operations based on
intelligence based operations and increased traffic patrols.
5c. Development of border control operation
The border operation center will develop an operation plan for increased border patrol
during the time of the amnesty and the collection initiative. Synchronization between
border police and KFOR will be increased.
Kosovo Police should deploy KP Explosive K-9s at alternating border crossings to check
vehicles for explosives, SALW and ammunition being smuggled into and out of Kosovo.
The operation center will have a direct link to the operation center.
5d. Development of surrender initiative:
1. Development operation order including
a. Establishment of Collection points
A collection points will be established per municipality and outside of the
urban areas for safety reasons. The collection point will be based on a “No
casualties” handbook and will implement a strict reporting mechanism to
the operation center.
The collection point will be manned by 5 people: 1 representative of the
KP (weapon expert), 1 representative of the KSF ( EOD team), 1
representative of the municipal administration ( administrator), 1 volunteer
from an NGO, 1 citizen assigned per municipality with first aid training.
b. Weapons in Exchange for Incentive mechanism
Based on best practices in the region and experience in Kosovo with
“Weapons in Exchange for Development” the solution to be implemented
will be “Weapons in Exchange for Incentives” which will provide a ticket
for everybody surrendering an illegal and operational weapon. (a hunting
weapon and pistol/revolver will give the right on one ticket; an automatic
rifle ( 02 tickets) and a light weapons three tickets. These tickets will be
used for drawing prices publicly on the national television channel. First
draw after 10 days collection and the last draw at the end of the initiative).
The prices will only refer to a number. The price/voucher will be issued by
the UNDP office to keep anonymity. The prices will be consisting of
development issues as computer and courses, free vouchers for electricity,
school books, etc….
Page 54
c. Development of administrative support
It will be mandatory that the collection point, the operation center as well
as the storage side maintains detailed evidence so that no items can
disappear nor in the collection point, nor on the transport to the storage
site, nor in the storage site, neither during the transport to the destruction
site.
d. Development of logistic support
Logistical support will have to be provided by region to collect weapons
every day from the collection site to the storage room. No items should
stay in the collection site overnight.
e. Development of support to emergency situations
Several types of incidents cam happen during a collection initiative and
the operation center will have direct contact with a call center and the
collection sites, as well as the storage sites. It will be mandatory that a
MEDEVAC helicopter is set in stand by for medical emergencies, a
immediate intervention helicopter in case there is an attack on a collection
site, as well as an EDO team in case unsafe ammunition is delivered to the
collection point which will need immediate intervention.
f. Development of a communication strategy
Starting 3 months before the commencement of the SALW collection
program, a spokesperson will conduct multi-media and multilingual
advertisement initiatives that will include “shock” campaigns that will
graphically highlight the negative affects of exposure to and injuries
caused by explosions and gunfire. These advertisements and reports will
be followed by announcement of the upcoming SALW collection and
amnesty.
A spokesperson supported by a media team will be available to provide
press releases, updates on predetermined dates and time. No results by
municipalities will be released only Kosovo wide until after the initiative
where the winning municipality will be rewarded.
At the same time a “press pass” will be issued on a daily basis and
journalists will only be allowed visited guided media visits in order to
preserve anonymity at the collection points.
6. Development of a destruction event
A public destruction event and media happening will be organized within 30 days after the
collection points are closed. A destruction commission will be formed out of 10 representatives
of the collection points who can verify that weapons collected at their point are effectively
destroyed. A court decision will be issued for the destruction of these weapons in accordance
with the law.
7. Monitoring and evaluation of the initiative
A monitoring mission will be established by the operation center and will include OSCE,
EULEX, and diplomatic mission who will be reporting to the operation center, representative of
Page 55
the IC, on the implementation of the initiative. The monitoring team will visit the collection
points minimum once a day based on a schedule developed by the operation center and
forwarded by e-mail.
(EULEX has UXO experts who could be used to monitor the progress of the SALW collection
initiative).
1.4. Basic Principles of the State Program
The State program is based on the following principles:
•
•
•
•
•
•
•
The Program is Kosovo wide and for all communities and not political;
The citizens surrender the weapons, ammunition, and explosive materials on a public appeal for
voluntary surrender of weapons, ammunition and explosive materials;
During the surrender of weapons, ammunition and explosive materials there will be no
identification nor registering for people who voluntary surrender their weapons, ammunition and
explosive and materials;
There will be no criminal or penal procedures against the persons voluntary surrendering their
weapons, ammunition and explosive materials;
The implementation of a secure, public and transparent action of collection and destruction of
weapons, ammunition and explosive materials;
Prevention of misuse of weapons, ammunition and explosive materials during collection and
destruction;
If requested by the Kosovo Police, EULEX Police or prosecutor, specific weapons could be sent
to the Forensic Lab for further analysis.
Page 56
Action Plan for Implementation
1. Determine the exact number of weapons and the type of weapons present
on the illegal market in Kosovo.
Strategic Goal
1
Specific Objectives
1.1. Determine the
exact number
and type of
illegal weapon ,
Activities
1.1.1. Implement a
desk research on
SALW distribution
based on existing
surveys.
Responsible and
supporting
institutions
Ministry of
Internal Affairs
supported by
UNDP KOSSAC
Ministry of
Internal Affairs
supported by
UNDP KOSSAC
1.1.2. Launch an
update survey
1.1.3. Analyze the
distribution survey
1.1.4. Compare with
crime analysis
statistics of KP
1.1.5. Launch the
survey
Time frame
Budget in Euros
October 2009
5.000
October 2009
20.000
November 2009
5.000
November 2009
None
December 2009
10.000
Ministry of
Internal Affairs
supported by
UNDP KOSSAC
Ministry of
Internal Affairs
supported by KP
Ministry of
Internal Affairs
supported by
UNDP KOSSAC
A desk research on surveys implemented during the last years ( 2003 – 2009) will be done in order to determine the gaps in the
exact figures of illegal weapons in Kosovo. This desk research will be followed by an additional survey implemented during
2009 in order to determine the amount of illegal weapons in Kosovo. This perception/ distribution survey will be compared with
an analysis done by the police criminal analysis cell.
The Government of Kosovo will take ownership over this survey.
This survey will be valid as the baseline for the collection initiative as will the number of confiscated weapons and armed
violence incidents over the last three years. (2005 – 2008).
- 57 Office of the Prime Minister - Government Building, 5th floor Nana Tereze-Pristina, Kosovo
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2. Put in place the institutional framework for successful implementation of a
collection initiative
Strategic Goal
Specific Objectives
2
2.1. Development of
legal framework
in voluntary
surrender
2.2. Establish
Steering Group
for
implementation
of the collection
program
2.3. Build Political
consensus
2.4. Build consensus
with communities
2.5 Support increased
court efficiency on
illegal weapons
possession
Activities
2.1.1 Form working
group to draft law on
voluntary surrender.
2.1.2.Approve law on
voluntary surrender
2.2.1. Assign steering
group
2.3.1. Chair of steering
committee to set up
individual meetings
with leaders of political
parties
2.3.2. MIA and UNDP
to present strategy in
Parliament and
rationale for its
implementation
2.3.3. Parliamentarians
sign an agreement
2.4.1. Chairman set up
meetings with
Committee for
community affairs
2.5.1. Workgroup with
prosecutor’s office and
Ministry of Justice
Responsible and
supporting
institutions
Ministry of
Internal Affairs
Time frame
Budget in Euros
October 2009
None
October 2009
Kosovo
Government
November 2009
Government
November 2009
None
Steering
Committee
December 2009
5.000
MIA
UNDP KOSSAC
January 2010
Printing costs:
2000
Steering
Committee
Steering
Committee
January 2010
None
January 2010
None
MIA
UNDP KOSSAC
January 2010
None
- 58 Office of the Prime Minister - Government Building, 5th floor Nana Tereze-Pristina, Kosovo
Tel: + 381 (38) 201 14 928 - www.kosovo.undp.org
3. Capacity development of implementing actors
Strategic Goal
3
Specific Objectives
3.1. Develop and
publish Training
curriculum on
SALW Collection
3.2.Develop and
publish Training
curriculum on
destruction
3.3.Developing and
publish training
curriculum on
mobilizing grass
root support
3.4. Organizing
training workshops
Activities
Time frame
Budget in Euros
October November 2009
20.000
Ministry of
Internal Affairs
UNDP KOSSAC
October November 2009
20.000
3.3.1 Mobilizing
communities to
surrender Firearms
Ministry of
Internal Affairs
UNDP KOSSAC
October November 2009
20.000
3.4.1. Training of
operation centers
representatives
Ministry of
Internal Affairs
UNDP KOSSAC
February 2010
5.000
February 2009
30.000
February 2009
30.000
February 2009
5.000
March 2009
10.000
March 2009
10.000
3.1.1. No casualties
handbook
3.1.2. Collection point
organization
3.1.3. Emergency
responses
3.2.1. Destruction
procedures
3.4.2. 6 regional
workshops for
collection points
representatives
3.4.3.6 regional
workshops on
mobilizing communities
3.4.5. Training
workshop on
destruction
Responsible and
supporting
institutions
Ministry of
Internal Affairs
UNDP KOSSAC
3.4.6. Training
workshop for NGO
3.4.7. Training
workshop for media
- 59 Office of the Prime Minister - Government Building, 5th floor Nana Tereze-Pristina, Kosovo
Tel: + 381 (38) 201 14 928 - www.kosovo.undp.org
4. Development of PAC
Strategic Goal
Specific Objectives
Activities
4
4.1. Develop public
awareness campaign
for surrender
4.1.1. Draft and
approve PAC
campaign
4.1.2. Tender
campaign
4.2.1. Tender
campaign
4.2.2. Implement phase
1
4.2. Implement
preparatory PAC
4.3. Assign
spokesperson and
support staff (02)
4.2.3. Implement Phase
2
4.3.1. Contracting
4.3.2. Train staff
Responsible and
supporting
institutions
Ministry of Internal
Affairs
Time frame
Budget in Euros
December 2009
200.000
Ministry of Internal
Affairs UNDP
KOSSAC
July 2009
September –
October 2009
November –
December 2009
100.000
Ministry of Internal
Affairs
UNDP KOSSAC
December 2009
20.000
- 60 Office of the Prime Minister - Government Building, 5th floor Nana Tereze-Pristina, Kosovo
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5. Development of Operational Plan
Strategic Goal
5
Specific Objectives
5.1. Develop
standard operation
procedures for
operation center
5.2. Develop
standard operation
procedures for
collection point
5.3. Develop
operation plan for
Intelligence led
operations
5.4. Development
operational plan
border control
5.5 Develop
operational plan
logistic support
5.6 Develop
operation plan
administration
5.7. Develop
operational plan
emergencies
5.8. Develop
operational plan
communications
5.9 Develop
operational plan
monitoring
5.10. Develop
operational
destruction
Activities
5.1.1. Draft and
provide to steering
committee
Responsible and
supporting
institutions
Ministry of
Internal Affairs
UNDP KOSSAC
Time frame
Budget in Euros
November December 2009
2.000
5.1.1. Draft and
provide to steering
committee
Ministry of
Internal Affairs
UNDP KOSSAC
November December 2009
2.000
5.1.1. Draft and
provide to steering
committee
Ministry of
Internal Affairs
UNDP KOSSAC
November December 2009
2.000
5.1.1. Draft and
provide to steering
committee
5.1.1. Draft and
provide to steering
committee
5.1.1. Draft and
provide to steering
committee
5.1.1. Draft and
provide to steering
committee
5.1.1. Draft and
provide to steering
committee
5.1.1. Draft and
provide to steering
committee
5.1.1. Draft and
provide to steering
committee
Ministry of
Internal Affairs
UNDP KOSSAC
Ministry of
Internal Affairs
UNDP KOSSAC
Ministry of
Internal Affairs
UNDP KOSSAC
Ministry of
Internal Affairs
UNDP KOSSAC
Ministry of
Internal Affairs
UNDP KOSSAC
Ministry of
Internal Affairs
UNDP KOSSAC
Ministry of
Internal Affairs
UNDP KOSSAC
November December 2009
2.000
November December 2009
2.000
November December 2009
2.000
November December 2009
2.000
November December 2009
2.000
November December 2009
2.000
November December 2009
2.000
Time frame
Budget in Euros
November December 2009
None
November December 2009
None
November December 2009
2.000
6. Development of a destruction event
Strategic Goal
Specific Objectives
Activities
6
6.1. Determine legal
procedures
Draft and approve
6.2. Determine
destruction area
Draft and approve
6.3. Draft standard
operating
procedures for
destruction
Draft and approve
Responsible and
supporting
institutions
Ministry of Internal
Affairs
UNDP KOSSAC
Ministry of Internal
Affairs
UNDP KOSSAC
Ministry of Internal
Affairs
UNDP KOSSAC
- 61 Office of the Prime Minister - Government Building, 5th floor Nana Tereze-Pristina, Kosovo
Tel: + 381 (38) 201 14 928 - www.kosovo.undp.org
7. Monitoring and evaluation of the initiative
Strategic Goal
Specific Objectives
7
7.1. Develop
standard operation
procedures for
monitoring and
evaluation
Activities
Draft and Approve
Responsible and
supporting
institutions
Ministry of Internal
Affairs
UNDP KOSSAC
Time frame
Budget in Euros
November December 2009
2.000
- 62 Office of the Prime Minister - Government Building, 5th floor Nana Tereze-Pristina, Kosovo
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Budgetary implications
Nr
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
9
Objective
Survey
Institutional Framework
Capacity Development
Public awareness campaign
Development operational plan
Development destruction plan plan
Development M&E plan
Implementation
Steering committee meetings
Working cost operation center
Logistic support
Collection points
Weapons in exchange for incentives
Supporting tools (software)
Emergency responses
Destruction
Monitoring and evaluation
TOTAL
Budget in Euros
40,000.00
7,000.00
150,000.00
322,000.00
20,000.00
2,000.00
2,000.00
Remark
5,000.00
100,000.00
100,000.00
100,000.00
500,000.00
50,000.00
50,000.00
150,000.00
50,000.00
1,648,000.00
- 63 Office of the Prime Minister - Government Building, 5th floor Nana Tereze-Pristina, Kosovo
Tel: + 381 (38) 201 14 928 - www.kosovo.undp.org