National Conventional Arms Control Act 41 of 2002

To establish the National Conventional Arms Control Committee; to ensure compliance with the policy of the Government in respect of arms control; to ensure the implementation of a legitimate, effective and transparent control process; to foster national and international confidence in the control procedures; to provide for an Inspectorate to ensure compliance with the provisions of this Act; to provide for guidelines and criteria to be used when assessing applications for permits made in terms of this Act; to ensure adherence to international treaties and agreements; to ensure proper accountability in the trade in conventional arms; to provide for matters connected with the work and conduct of the Committee and its secretariat; and to provide for matters connected therewith.

PREAMBLE

SINCE the adequate protection of rights to life and security of the person against repression and acts of aggression is fundamental to the well-being and to the social and economic development of every country;

AND SINCE it is the duty of every government to protect and safeguard the rights of its people;

AND SINCE every responsible country has the right to acquire arms to equip itself against acts of aggression;

AND SINCE the Republic is a responsible member of the international community and will not trade in conventional arms with states engaged in repression, aggression or terrorism;

AND SINCE the Republic is engaged in the manufacturing and export of conventional arms;

AND SINCE it is vitally important to ensure accountability in all matters concerning conventional arms, BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows: ...

15.     Guiding principles and criteria

(c)     avoid contributing to internal repression, including the systematic violation or suppression of human rights and fundamental freedoms;

(d)     avoid transfers of conventional arms to governments that systematically violate or suppress human rights and fundamental freedoms;

(e)     avoid transfers of conventional arms that are likely to contribute to the escalation of regional military conflicts, endanger peace by introducing destabilising military capabilities into a region or otherwise contribute to regional instability;

(f)      adhere to international law, norms and practices and the international obligations and commitments of the Republic, including United Nations Security Council arms embargoes;

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Source: SABINET