Ploughshares Monitor SUMMER 2013 | VOLUME 34 | ISSUE 2

ATT Timeline Global stunts Canada and the ATT Resilience Highlights from Campaigners get creative What should Ottawa do A new antidote 1997 to 2013 to draw attention to meet terms of treaty? for human insecurity

The Ploughshares Monitor SUMMER 2013 | VOLUME 34 | ISSUE 2

Arms Trade Treaty adopted

TheA quarterlyPloughshares publication Monitor | of Project Ploughshares • Available online: www.ploughshares.ca 1 Contents

The Ploughshares Monitor Volume 34 | Issue 2

PROJECT PLOUGHSHARES STAFF Summer 2013 John siebert Executive Director Kenneth Epps Brockenshire Lemiski Debbie hughes Matthew Pupic Tasneem Jamal Wendy stocker Cesar Jaramillo Barbara Wagner A treaty for the 21st century 3 ATT: A significant triumph for containment from below. The Ploughshares Monitor is the quarterly by John Siebert journal of Project Ploughshares, the peace centre of The Canadian Council of Churches. Ploughshares works with churches, nongovernmental organizations, and governments, in Canada and abroad, to advance policies and actions that prevent war and armed violence and build peace. A tool to tackle armed violence Project Ploughshares is affiliated with 4 The ATT can reduce illegal arms transfers. the Institute of Peace and Conflict Studies, Conrad Grebel University College, University by Kenneth Epps of Waterloo.

Office address: Project Ploughshares 57 Erb Street West ‘An incredible privilege’ Waterloo, Ontario N2L 6C2 Canada 519-888-6541, fax: 519-888-0018 8 A Q&A with Ploughshares’ Kenneth Epps. [email protected]; www.ploughshares.ca Project Ploughshares gratefully acknowledges the ongoing financial support of the many individuals, national churches and church agencies, local congregations, religious orders, and organizations across Canada that ensure TiMELinE: Arms Trade Treaty that the work of Project Ploughshares 12 continues.

We are particularly grateful to The Simons Foundation in Vancouver Additions and amendments for its generous support.

14 Canada and the Arms Trade Treaty. All donors of $50 or more receive by Kenneth Epps a complimentary subscription to The Ploughshares Monitor. Annual subscription rates for libraries and institutions are: $30 in Canada; $30 (U.S.) in the United States; $35 (U.S.) internationally. Single copies are $5 plus shipping.

hoTos Unless indicated otherwise, material may be P : shoot me with your camera reproduced freely, provided the author and 16 ATT campaigners around the world hold stunts. source are indicated and one copy is sent to Project Ploughshares. Return postage is guaranteed.

Publications Mail Registration No. 40065122. Resilience ISSN 1499-321X. A powerful new antidote to security threats. The Ploughshares Monitor is indexed 20 in the Canadian Periodical Index. by Jessica West Photos of staff by Karl Griffiths-Fulton Printed at Waterloo Printing, Waterloo, Ontario. Printed with vegetable inks on paper with recycled content.

We acknowledge the financial support CoVER: Soldiers of the Somali National Army walk at dusk under a rising crescent moon of the Government of Canada through the Canada Periodical Fund near the outskirts of Afgooye, a town west of Mogadishu in May 2012. Stuart Price/UN of the Department of Canadian Heritage. A treaty for the 21st century Arms Trade Treaty is another strand of international John siebert law to contain the forces of militarism and death

ontainment was the name of sage of the Arms Trade Treaty at the liput who tried to tie down the giant

the policy applied by the United Nations General Assembly. Gulliver, we send thin strands of in- CUnited States after 1946 to Once signed and ratified by 50 UN ternational law over the huge limbs its primary Cold War adversary, the member states, the ATT will become of military powers and arms produc- Soviet Union. The communist men- the first internationally recognized set ers to restrict their transactions, little ace could not be defeated head on by of rules for documenting, restricting, by little. By inspiring the develop- force of arms, but it could be con- and reducing the movement across ment of treaties on land mines tained on the global stage by con- borders of military goods. (1998) and cluster munitions (2010) fronting it where it sought to expand As the international Control Arms civil society played a vital role in its influence geographically, economi- coalition of civil society organiza- binding the limbs of giants. cally, or culturally. The aim of con- tions made clear in its ATT cam- The ATT is more expansive in its tainment was to prevent the paign, before this treaty bananas aspirations and scope than the mines expansion of this hostile influence. faced more global hurdles in crossing and clusters treaties. It will take years, The Cold War was a real war for international borders than tanks or possibly decades, before the ATT’s those who fought and died in count- automatic rifles. provisions are effectively imple- less proxy wars around the globe. Civil society proponents of the mented to prevent diversion of Containment of the Soviets was the ATT—alone or in concert—do not weapons into illegal channels and end West’s practical goal until it gave way have the power to set or enforce the military exports to human rights to détente and then rollback after the rules of the military arms transfer abusers and to active war zones. The Soviet Union collapsed on itself in game. Only states, acting collectively, Arms Trade Treaty is a treaty for the the late 1980s. can do this. rest of the 21st century. Much of the work of Project Fortunately, states have committed An extended period of implemen- Ploughshares on arms control, disar- themselves to an international order tation is no cause for discourage- mament, and non-proliferation of ruled by law and generally accepted ment. After all, the ATT took 20 weapons of mass destruction is an norms of behaviour through mem- years to emerge from protracted in- exercise in containment. Clearly not bership in the United Nations and ternational negotiations. the same as superpower containment, adherence to the UN Charter. Each Kenneth Epps and Project it is containment from below. By mo- of these—law, norms, UN, the UN Ploughshares have been working on bilizing public sentiment and assist- Charter—is imperfect in so many the ATT since 1997. We now begin a ing in the development of effective ways. But this formal acceptance of new act on treaty implementation in international laws, Ploughshares an international order with rules cre- the larger play about restricting mili- works with others in civil society ates the opening for Ploughshares tary transfers and instruments of war movements to contain the weapons and other civil society actors to work that plague humanity. that intensify devastating humanitar- with sympathetic states. Together we The ATT is not perfect, but there ian disasters in violent conflicts. can push for treaties that mutually will be opportunities to improve it. It On April 2 a tiny circle of our bind consenting states while contain- is another strand of international law staff in Waterloo raised glasses of ing or limiting some aspects of their to contain the forces of militarism bubbly with Senior Program Officer sovereign powers. and death—a significant triumph for Kenneth Epps to celebrate the pas- Like the tiny inhabitants of Lil- containment from below.

The Ploughshares Monitor | Summer 2013 3 ABoVE: On June 3, delegates and ministers from around the world signed the historic Arms Trade Treaty at the United Nations. Signatures are added by representatives from the following countries: top row (left to right): Senegal, Iceland, Japan; second row: Mali, New Zealand, Republic of Korea; third row: Slovenia, St. Lucia, Sweden; fourth row: Switzerland, United Kingdom, Uruguay; fifth row: Czech Republic, France, Seychelles. Control Arms photos

4 The Ploughshares Monitor | Summer 2013 A tool to tackle armed violence

Effective implementation of the Arms Trade Treaty will reduce illegal and irresponsible arms transfers

By Kenneth Epps

hen the UN Gen- Canada was one of 155 states that eral Assembly voted in favour of the treaty—four-fifths voted overwhelm- of all UN member states. Only three ingly in favour of states voted against: Iran, North Korea, the global Arms and Syria. Not coincidentally, all the Trade Treaty (ATT) on April 2 the roomW naysayers are subject to multilateral arms burst into loud applause, not least from embargoes. Although the remaining 22 the civil society representatives watching states abstained on the vote—including from the gallery. Civil society organiza- major arms exporters China and Russia tions such as Project Ploughshares had and major importers India and Saudi Ara- good reason to celebrate the treaty. More bia—there are expectations that over time than a decade of their coordinated efforts these states will join the treaty or at least around the globe had finally produced a adhere to global norms arising from it. meaningful result. Not only does the ne- The Arms Trade Treaty resulted from gotiated treaty have the support of the negotiations among UN member states, a vast majority of UN member states, but process that inevitably involved compro- also, as consistently called for by civil soci- mise. The product is not an ideal treaty. ety advocates, it can fulfill its humanitarian Nevertheless, the ATT can and should be purpose: to reduce human suffering. an important tool in worldwide efforts to It is widely acknowledged that civil so- reduce armed violence. Effective imple- ciety organizations sparked the treaty dis- mentation by states parties of treaty pro- cussions that began formally at the UN in visions will reduce and could eliminate the 2006. Civil society groups also maintained illegal and irresponsible arms transfers subsequent support and pressure to see that feed violence. the treaty delivered by the UN system. The strengths of the treaty outweigh its Many skeptics openly doubted that an ef- weaknesses, but the latter need to be ac- fective treaty could emerge from UN ne- knowledged and addressed. Opportunities gotiations. Yet the ATT stands as for treaty improvement exist. testament to the dedication and collaboration of many people, inside governments Treaty strengths and out, who persisted in striving for an The treaty is a legally binding instrument effective outcome. that contains important universal require-

The Ploughshares Monitor | Summer 2013 5 ARMs TRADE TREATY

ments to raise arms transfer standards to regulate arms brokers (the go-betweens across the globe. These include: in arms deals), prevent the diversion of weapons into illegal markets, and report A common process (contained in Articles 3, 4, on implementation of the treaty, as well as and 5) of national implementation. present annual reports on exports and im- The treaty provisions require each state to ports of conventional weapons. retain, revise, or adopt a national control system for weapons transfers. The control Treaty flaws system in turn must use a national control The Arms Trade Treaty has significant list that, at a minimum, contains the con- flaws. These include: ventional weapons identified in the scope

Kenneth Epps of the treaty. For many states these con- The truncated scope. is senior trol systems are weak or do not yet exist. The treaty applies to the seven major Program officer Effective treaty implementation should combat weapons categories of the UN with Project create or improve national arms trade reg- Register of Conventional Arms plus, cru- Ploughshares. ulatory systems. cially, small arms and light weapons. How- ever, the scope omits a range of [email protected] Universal standards for exporting weapons significant military equipment categories (contained in Articles 6 and 7). such as counterinsurgency aircraft and Each state must authorize all exported surveillance equipment, as well as such weapons on its control list. It must deny emerging technology as autonomous vehi- an export if the recipient state is subject cles and drones. Ammunition and the to a UN arms embargo, the export would parts and components for the eight UN violate existing relevant international Register categories are treated under sepa- agreements, or if the exporting state has rate, weaker provisions. States parties are knowledge that the weapons would be nevertheless encouraged (Article 5) to used to breach international humanitarian apply the treaty to “the broadest range of law. Export authorizations must undergo a conventional arms.” Thus national control risk assessment process; authorization lists could be made (and already are by must be refused if the assessment deter- many countries, including Canada) more mines that there is an “overriding” risk inclusive than the specified scope of the that the exported weapons will be used in treaty. violations of human rights or international humanitarian law, for acts of terror- An insufficiently stringent risk assessment ism, or by organized crime. process for national export authorization. Important assessment criteria are missing. Small arms and light weapons (SALW) in- Although many states support risk assess- cluded in the scope of the treaty. ments of corruption and impact on sus- For many states in the global South, this is tainable development as part of the the class of weapons that demands the authorization process, both criteria were most attention and control. omitted from the final treaty text. As well, the treaty requires states to deny exports if Important provisions on brokering (Article the assessed risk is “overriding,” but a 10), diversion (Article 11), and reporting state’s interpretation of “overriding” (Article 13). could be so extreme that it is never The treaty requires states to take measures reached, allowing all exports to proceed.

6 The Ploughshares Monitor | Summer 2013 ARMs TRADE TREATY

Limited transparency. The treaty requires “amendments” provision (Article 20) that each state party to submit an annual re- allows for future improvements to the port that “may exclude commercially sen- treaty. In earlier treaty drafts amendments sitive or national security information.” were to be decided by consensus of states Since the treaty does not define this infor- parties, potentially condemning the mation, states can interpret these exemp- process to single-state vetoes. Fortunately, tions very broadly. Moreover, states are the final text allows—after “all efforts at not required to report their transfers of consensus have been exhausted”—for ammunition and weapons parts and com- amendments to be adopted by a three- ponents. quarters majority vote. This provides much more hopeful prospects for future Treaty improvements changes that strengthen the treaty. There will be future opportunities to ad- The ATT will enter into force 90 days dress these weaknesses. Some elements after the fiftieth signatory state ratifies the may be strengthened through clear and treaty. Expectations are for this process to common interpretation of terms by states take two or three years—quite quickly for parties. For example, if most states indi- the UN system. Following entry-into- cate that they interpret the term “overrid- force states parties are bound by treaty ing” to mean “substantial,” as many obligations. Many states will need interna- argued during negotiations, the common tional cooperation and assistance to meet interpretation could build an international these obligations. Many more, perhaps all, norm for this term. Similarly, as noted will benefit from independent monitors above, states could define and declare na- (such as civil society organizations) that tional control lists to include all conven- assess their progress in meeting treaty tional weapons or at least the extensive list commitments. of weapons that most exporting states Years of effort preceded the adoption currently use. This would create a more of an Arms Trade Treaty that has the po- ABoVE: The 193-nation UN comprehensive international norm for tential to bring the international arms General Assembly scope. trade under meaningful control. The work overwhelmingly approved the Arms Trade Treaty on Importantly, the treaty includes an to realize that potential has now begun. April 2. Reuters

The Ploughshares Monitor | Summer 2013 7 ‘An incredible privilege’

Since 1997 Senior Program Officer Kenneth Epps has represented Project Ploughshares in the movement working toward an Arms Trade Treaty. With the historic treaty finally adopted, he reflects on the past, the future, and his personal achievements.

LEfT: Kenneth Epps, pictured here at an Arms Trade Treaty strategy session in New York in March, has been with Project Ploughshares since 1986. Control Arms

oPPosiTE: In August 1998, Project Ploughshares organized an international NGO consultation on small arms action at Lake Couchiching, near Orillia, Ontario.

8 The Ploughshares Monitor | Summer 2013 Q&A

an you describe for us exporting weapons. Many of them were networks of NGOs emerging, how you came to work at overlapped, particularly, for example, working internationally on conven- CProject Ploughshares and between Canada and Europe. But tional disarmament and arms control how you came to work on the there were significant differences. issues.... Arms Trade Treaty specifically? And different standards meant that In the late 1990s there was also I came to Ploughshares in 1986 after countries interpreted overseas situa- growing interest in the issue of small five years of work with the Global tions differently and weapons got ap- arms and particularly small arms Community Centre, which was a proved by one country for export transfers. We were all becoming more learner centre on international devel- that might not be approved by an- aware of the impact of those trans- opment issues in Kitchener. I had, other. So then this idea emerged of a fers on war zones and on urban cen- through the Global Community Cen- set of global standards. tres and so on. tre, co-operated with Project There was some informal net- Ploughshares on a number of occa- What brought Project working that was beginning to sions, trying to draw linkages be- Ploughshares into the emerge on the conventional side in tween disarmament and international movement the late 1990s. In 1998 Project development. for an Arms Trade Treaty? Ploughshares organized an interna- I started working with In 1997 Nobel Peace Laureates, led tional event in Lake Couchiching, Ploughshares, on contract, compiling by Oscar Arias, announced a pro- near Orillia, where we brought to- data on Canada’s military industry posal for a Code of Conduct on In- gether people in civil society and and, specifically, arms exports. That’s ternational Arms Transfers. That was some government people, too, who the link that eventually got me to the the first time we came to the issue in were working on small arms and light Arms Trade Treaty, because after a way that expressed our interest in weapons issues. looking at the Canadian situation it operating with groups outside became quickly apparent that other Canada toward global standards. This What did Ploughshares’ countries, particularly in the north, coincided with the lead-up to the participation in the movement operated on a similar basis. signing of the Landmines Treaty, in look like? Each country had its own rules for December 1997. So, already there We attended all the meetings through

The Ploughshares Monitor | Summer 2013 9 Q&A

ABoVE: Kenneth Epps, standing, far left, poses with Control Arms members, “part of the network that helped produce” the Arms Trade Treaty, at the signing ceremony on June 3 in New York. Champion Hamilton/Control Arms

oPPosiTE: Epps and Fred Lubang from Nonviolence International South East Asia attend a coordination meeting in New York in July 2012. Kennedy Mabasa/Control Arms

the years, possibly all the meetings Board. I was a co-chair for two together, think of how long it’s going when it came to actually bringing to- years, right up until the actual final to take until it’s working.... gether people globally.... treaty conference in March of this For us, here at Project There was a group that was year. And that’s when I stepped Ploughshares, it’s an indefinite role. called, for several years, the Arms down. It’s us looking not only at the inter- Trade Treaty Steering Committee. national situation and how the treaty Ploughshares was a member of that How do you respond to people is developing but even potentially group from the beginning until it who dismiss the ATT because it being a part of international assis- eventually evolved into the Control is part of the UN process? tance. For example, we’ve already Arms Coalition Steering Board. We Because it has emerged out of the done some work in the Caribbean in are still a member of that group.... UN, it will be subject to some of the areas related to small arms and light Ploughshares hosted a meeting of problems the UN system has. But, weapons. It makes sense to continue the Board here [in Waterloo] in in all honesty, I can’t think of a way that work in the context of the ATT, 2007. I was representing it could have been done that would assisting civil society and states them- Ploughshares as a member of the have resulted in anything better. selves to adapt to the treaty or to im- Steering Committee or the Steering And right now we have a framework plement it. On a world scale ATT Board for all those years. Then I be- we can use for decades to come. work is going to be very significant came a co-chair, which was essen- This is a treaty for the 21st century.... and it’s going to take decades [to im- tially the executive committee of the If it takes 20 years to put a treaty plement].

10 The Ploughshares Monitor | Summer 2013 Q&A

“The likelihood of two major international treaties on conventional arms control occurring in one person’s working career is probably infinitesimal.”

What is the significance of the others, too, we haven’t worked on I was part of the network that helped adoption of the Arms Trade like the [Convention on] Cluster Mu- produce it and that was still vibrant Treaty for you personally? nitions; we were in the background and alive and in the room, that was There are probably two things that, of that. another real high. when I reflect on my work at There have been other agreements The people who were cheering in Ploughshares, will jump out as being that have happened, such as agree- the balcony were basically friends of most significant in the time I’ve ments on child soldiers and women mine. That’s another privilege. During spent here. The first is the Land- and peace. These have been impor- both processes, landmines and ATT, mines Treaty, which was essentially tant as well. But those two were the I’ve had the privilege of meeting and for us, and for me in particular, a treaties where we’ve had direct in- working with some of the most inter- five-year process of attaching our- volvement, where we’ve seen as a re- esting people in the world. And they selves to an international campaign sult of our work some significant are literally from around the world. calling for a ban on landmines. We steps, [where] we were part of a There are not too many endeavours in pushed for it in a Canadian context, process and saw an outcome. It is a which you get to enjoy that kind of achieving some real success in help- great sense of achievement—as I say, work. ing to get on board the Canadian I feel privileged. There have got to be government—which became a world many, many people in other areas leader on that particular issue—and who’ve done just as much work and Interview conducted and edited by attending the treaty conference in not seen a result.... The fact that it Ploughshares Communications and Ottawa, which was a real boost and happened while I was still here, while Fundraising Officer Tasneem Jamal. adrenalin rush. Seeing all that happen in five years essentially. The way I reflect on it now—even though of course we were interested in international arms transfer issues before that—really the work on the ATT began after that. So then there was, after the Landmines Treaty, a 15-year period. Three times as long to get to what I would call my second significant result in the time I’ve been at Project Ploughshares, which is the ATT [and] just recently the signing ceremony. I’m looking on this as an incredible privilege. The likelihood of two major international treaties on conventional arms control occurring in one person’s working career is probably infinitesimal. There have been

The Ploughshares Monitor | Summer 2013 11 May 1997 April 1999 November 2000 October 2003 June 2004 A group of Nobel Peace Ploughshares joins an Project Ploughshares Oxfam, Amnesty The Control Arms Laureates, led by NGO Working Group on participates in an International, and the campaign publishes former Costa Rican the Nobel Peace Ottawa seminar with International Action Guns or Growth? President Oscar Arias, Laureates’ Code of other NGO Working Network on Small Arms Assessing the impact of calls for a Code Conduct to co-ordinate Group members, (of which Project arms sales on of Conduct on action to build Canadian government Ploughshares is a sustainable international arms international support oﬃcials, and legal founding member) development as a guide transfers. The Code and for the code. The experts from the launch the three-year for arms exporting the principles on which working group includes Lauterpacht Research Control Arms campaign states. Project it is based are endorsed representatives of the Centre for International that calls for an Arms Ploughshares, Oxfam, by Project Ploughshares Arias Foundation for Law at Cambridge Trade Treaty to be and Saferworld jointly in June 1997. Peace and Human University to explore negotiated at the UN. research and write this Progress, the Council on the legal aspects of the Ploughshares maintains report. Economic Priorities and Code of Conduct. The active participation in Demilitarization for seminar contributes to the expanded Democracy, the British a transformation of the international Arms American Security Code of Conduct Trade Treaty Steering Information Council, principles into a Committee (ATTSC) Saferworld, Amnesty Framework Convention. that replaces the International, and the working group. American Friends Service Committee. The Arms Trade Treaty: A Timeline On April 2, 2013 the Arms Trade Treaty (ATT) was adopted at the United Nations in New York. This historic achievement marked the culmination of 15 years of civil society advocacy for binding common standards to prevent irresponsible transfers of conventional arms. Project Ploughshares has been an active member of the international civil society coalition that has pressed for an eﬀective ATT.

Feb.-March 2010 June 2010 Feb.-March 2011 February 2012 March 2012 With funding support Ploughshares publishes Project Ploughshares Project Ploughshares With funding from the from Foreign Affairs UN Arms Embargoes and participates in the third presents its Barbados Canadian government, Canada, Project the Arms Trade Treaty Preparatory Committee case study from Import Project Ploughshares Ploughshares sponsors with support from For- meeting for the 2012 and Transit assists in the two expert roundtables eign Affairs Canada. The ATT conference. Considerations in an organization and on the ATT in working paper is distrib- Ploughshares also Arms Trade Treaty hosting of an ATT Washington, D.C. and uted to UN delegates supports participation during a side meeting of roundtable for the Cape Town, South during the first and sec- by its regional the UN PrepCom. The MERCOSUR subregion Africa. The roundtables, ond Preparatory Com- institutional partner, meeting is attended by of South America. In organized with local mittee meetings of the CARICOM approximately 75 preparation for the July NGO partners, bring ATT conference, held in Implementation Agency diplomats and NGO diplomatic conference, together a range of New York in July 2010. for Crime and Security, representatives. the roundtable is held stakeholders in each to advance regional at the Senate building country to review the collaboration on ATT in Buenos Aires, issues and challenges of negotiations. Argentina. ATT negotiations.

12 The Ploughshares Monitor | Summer 2013 June 2006 December 2006 February 2007 April 2009 February 2010 Ploughshares, with The resolution Towards Project Ploughshares On behalf of the ATTSC, The ATTSC hosts an Canadian Control Arms an Arms Trade Treaty is hosts an international Ploughshares begins international meeting in partners Amnesty overwhelmingly passed seminar on the management of major Vienna that seeks to International, Oxfam by the UN General “Regional Dimensions funding from the U.K. expand and diversify Canada, and Oxfam Assembly to begin the of Global Small Arms government for a the global civil society Quebec, delivers more UN process to negotiate and Light Weapons one-year program to network working for a than 10,000 petition a legally binding, global Transfer Principles.” support activities of the strong ATT. At this faces to Minister of treaty. The resolution Ploughshares international network meeting the ATTSC and Foreign Aﬀairs Peter follows the conclusion subsequently publishes of civil society groups Control Arms campaign MacKay in Ottawa. of the three-year the seminar papers in advocating a strong are restructured into Senator Roméo Dallaire Control Arms campaign Towards Global ATT. the Control Arms speaks in favour of with the delivery of the Standards: Regional Coalition Steering Canadian leadership on Million Faces petition to Experience in Small Arms Board and coalition the ATT at a press UN Secretary-General Transfer Controls. It is member working conference on Koﬁ Annan in July. distributed to groups. Project Parliament Hill government and civil Ploughshares continues arranged by the NGO society participants active participation in partners. attending an informal the new organization. international meeting of states hosted by Canada in Geneva in August to consider global transfer principles for small arms and light weapons. Immediately following the international seminar, Ploughshares hosts the annual meeting of the ATTSC.

May 2012 June 2012 July 2012 March 2013 April 2013 Canadian Control Arms Canadian Control Arms The UN diplomatic With Canadian Control The 193-nation UN coalition members coalition members, conference to negotiate Arms partners, Project General Assembly (Project Ploughshares, including Project the Arms Trade Treaty is Ploughshares again overwhelmingly Oxfam Canada, Oxfam Ploughshares, appear held in New York. briefs parliamentarians approves the Arms Quebec, and Amnesty as witnesses before the Project Ploughshares from all parties on the Trade Treaty, the first International) meet House of Commons participates as “co- “final” treaty and only treaty with parliamentarians Standing Committee on chair” of the Control negotiations. regulating the trade in and government Foreign Affairs and Arms coalition. After Later in the month Iran, conventional arms officials in Ottawa International month-long North Korea, and Syria ranging from light about ATT negotiations. Development. negotiations, delegates block the ATT’s adop- weapons to jet fighters These meetings include at the UN fail to reach tion by consensus on and warships. Final vote a May 17 breakfast consensus on an Arms the last day of the count: 155 in favour, 3 briefing for Canadian Trade Treaty. two-week Final against, 22 abstentions. parliamentarians. Conference on the ATT.

All photos: Control Arms

The Ploughshares Monitor | Summer 2013 13 Additions and amendments An overview of what Canada would need to do to meet Kenneth Epps the terms of the Arms Trade Treaty

t the time of writing, ACanada is not expected to be an early signatory of the Arms Trade Treaty (ATT). The Depart- ment of Foreign Af- fairs has invited interested public parties in Canada to join a departmental “technical assessment” of the ATT, which is un- likely to provide rec- ommendations for the Foreign Minister before the autumn. And even if signing is recommended, it is not clear that the government will not require export permits for ship- The guidelines that Canada currently follow such a recommendation. ments of military goods to the uses to “closely control” arms ex- The technical assessment should United States and Canadian imports ports are insufficient under ATT pro- reveal that, to meet the terms of the of U.S. military goods are exempt visions. Mere guidelines are not treaty, Canada would need to add to from U.S. regulation. This “free strong enough to enforce treaty pro- or amend its existing conventional trade” arrangement will need amend- hibitions, such as that against exports arms transfer regulations. These ment to bring Canada in line with to UN-embargoed states. The changes are significant, but would ATT provisions that require the au- process also must use the criteria of not be onerous. They should include: thorization of all exports of the the ATT risk assessment process and weapons, their parts and compo- include not only the risk of human Comprehensive national nents, and ammunition that are rights violations (which is included in authorization of arms exports within the scope of the treaty. Canada’s current guidelines), but and imports. other stipulated risks, such as the risk Cross-border trade in military goods Strengthening of Canada’s export of breaches of international humani- between Canada and its largest mili- control policy and procedures to tarian law. Significantly, Canada’s use tary trade partner, the United States, reflect the prohibitions and risk of guidelines, which can and have is currently unregulated. Canada does assessment criteria of the treaty. been overridden by such factors as

14 The Ploughshares Monitor | Summer 2013 CAnADA AnD ThE ATT

economic benefits, must be replaced suant to its national laws, to regulate been as long as three years. The by a national control system that de- brokering.” The ATT, however, de- treaty requires states to submit re- nies exports if there are substantial mands no more of Canada than do ports for the previous calendar year transfer risks.1 other multilateral instruments to by May 31. which Canada is a signatory (such as Canada needs to attend to these Subjecting arms exported by the the UN Firearms Protocol). Its bro- provisions if it is to meet ATT obli- Department of National Defence kering requirement merely replicates gations. Because Canada has the re- (DND) to the same authorization commitments Canada has already sources and export control process as other arms exported made. experience, making the necessary ad- from Canada. justments to Canadian export control DND, as a Crown ministry, is cur- Comprehensive recordkeeping. policies and procedures will be rela- rently exempt from the Export and Because trade with the United States tively painless. Other states will have Import Permits Act that governs is unregulated, Canada does not keep far greater challenges. In recognition Canadian weapons transfers. Al- records of arms exports to the of the unequal conditions, the treaty though equipment transfers for United States. Article 12 of the ATT encourages Canada and other wealthy DND use outside Canada are exempt requires each state party to maintain states to support states that possess from the treaty (such as the equip- national records of export authoriza- limited resources. ment DND shipped to Afghanistan), tions or actual exports of weapons Canada could contribute to the under ATT provisions DND trans- covered by the treaty. The new ATT’s “voluntary trust fund,” which fers to other states, such as equip- arrangements that Canada must ne- will be used by states that request in- ment donated as military aid, should gotiate with the United States to ternational help in implementing the be subject to Canada’s export control achieve comprehensive authorization treaty. As well, Canada has important system, including risk assessments. should require recordkeeping. technical expertise in the control of conventional weapons transfers that Brokering regulations. Annual reporting. could be helpful to many states par- Canada does not have regulations to Although Canada was one of the ties. Although Canada did not play an control the activities of arms bro- first countries to publish an annual active role in the development and ne- kers, including Canadian brokers op- report on its export of military gotiation of the treaty, it has the operating abroad (see Epps 2013). The goods, recent reports have been de- portunity to take leadership during the ATT brokering provision requires layed (the last available figures are for important ongoing period of treaty states parties to “take measures, pur- 2009) and their reporting period has implementation and amendment.

note

1. Arguably, Canada’s current risk assessment process for human rights sets a standard higher than that required by the ATT. Under Canada’s guidelines, in the case of governments that “have a persistent record of serious violations of the human rights of their citizens,” it must be demonstrated “that there is no reasonable risk that the [exported] goods might be used against the civilian population.” In other words, there is a presumption of caution unless it can be demonstrated that there is no reasonable risk of human rights violations. Under the ATT the presumption is that the export will proceed unless it can be demonstrated that there is a high risk of human rights violations. As the former is more difficult to demonstrate, it would seem that caution should prevail in more cases. The problem is that Canadian risk assessment involves guidelines for “close control” of arms exports. And close control does not necessarily equal denial.

Reference Epps, Kenneth. 2013. Canada and the brokering provisions of the Arms Trade Treaty. Ploughshares Briefing 13/2, February.

The Ploughshares Monitor | Summer 2013 15 Shoot me with your camera

For years, Control Arms campaigners around the world performed highly visible and creative stunts that successfully drew media attention to the cause of an Arms Trade Treaty.

16 The Ploughshares Monitor | Summer 2013 ATT CAMPAiGn

oPPosiTE: A campaigner poses during the “Bloodbath” campaign in London in 2008.

RiGhT: Sudanese dancers perform in a song and dance show in support of the Arms Trade Treaty in 2005.

BELoW: Supporters in Mali participate in a camel march in 2005. Control Arms photos

The Ploughshares Monitor | Summer 2013 17 ATT CAMPAiGn

ABoVE: Campaigners hold a “Banana Stunt” in Ottawa in 2011.

RiGhT: An elephant march is held in Delhi in support of the Arms Trade Treaty in 2006. Control Arms photos

18 The Ploughshares Monitor | Summer 2013 ATT CAMPAiGn

RiGhT: Campaigners demonstrate in New York in 2012.

BELoW: A Cambodian water festival is held in support of the Arms Trade Treaty in 2008. Control Arms photos

The Ploughshares Monitor | Summer 2013 19 Resilience A powerful new antidote to security threats

By Jessica West

n the aftermath of the Boston the face of constant change. As a secu- Marathon bombing, President rity concept resilience is rooted primarily Obama invoked the theme of in the latter idea. resilience, which no doubt res- Informed by biological and ecological onated with a country once understandings of complex systems, re- Iagain shaken by violence. This theme was silience is a response to non-linear causa- echoed in Canada the following week tion. A popular example of this type of when a terrorist plot was apparently causation is the butterfly effect, in which thwarted before it became operational, a the flapping of a butterfly’s wings results testament to Canada’s counter-terrorism in a hurricane halfway around the world. plan Building Resilience against Terrorism There are related popular concepts such (Public Safety Canada 2011). as black swan events—a metaphor for It is easy to see the difference in the rare events that are undirected and un- two cases—the failure in the first and the predicted but with major effects—and success of prevention in the second— Malcolm Gladwell’s tipping point, which but you can see in both the growing in- he defines as “the moment of critical fluence of resilience as a paradigm of mass, the threshold, the boiling point” security. In a world that is seen as in- (2000, p. 12). creasingly complex and perpetually un- From a security perspective, these stable, resilience is changing the focus of ideas imply the limits of our ability to ei- prevention from the root causes of ther predict or control the forces of inse- threats to the containment of vulnerabil- curity and to address their roots causes, ity through practices of citizenship build- because we now face a world of “contra- ing. dictions, ambiguities and uncertainties” (Rosenau 1997, p. 76). Thus, while recent From human security to resilience security paradigms such as human secu- The term “resilience” has a range of rity and responsibility to protect (R2P) meanings, from the basic “bouncing have emphasized the need for prevention back” from adversity to more complex and protection, the focus on global com- understandings of adaptive evolution in plexity speaks to the limits of these ap-

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proaches. You cannot prevent or protect buzz than substance, mired in vague defi- against all threats. The notion of re- nitions and ambiguous measurements silience has emerged as a powerful new (Hussain 2013). This critique overlooks antidote to security threats. the power of resilience, like human secu- The use of resilience in response to rity before it, as a worldview to inform vulnerability initially emerged from disas- intervention. Unlike human security, ter response and mitigation efforts, aimed at addressing catastrophes in the face of na- ture’s uncontrollable forces. Within the United Nations, building “resilient communities” became the basis of the 2005 Hygo Framework for Action for disaster risk reduction (UNISDR 2005) and the Making Cities Re- silient campaign (UNISDR 2013). “Disaster resilience” has since become a key orienting principle of international development and humanitarian intervention for both the United Kingdom’s Department for In- ternational Development (2013) and the United States Agency for International Development (2013). The use of resilience has been criticized as being more

RiGhT: White roses sit atop the “survivor tree,” a Callery pear tree nursed back to life after rescue from the rubble at the site of the 9/ll attacks in New York. Evan Schneider/UN

The Ploughshares Monitor | Summer 2013 21 hUMAn sECURiTY

which seeks to ameliorate the sociopoliti- Hurricane Katrina. cal causes of insecurity, resilience views Like hybrid peace, resilience seeks to instability and crisis as endemic and un- devolve responsibility or empowerment stoppable. Security is thus addressed not to local communities. And like hybrid by changing the environment, but by peace, resilience represents a form of in- helping people to withstand shocks, by tervention. But rather than building “building their resilience.” Indeed, David peace or building states, the key themes Chandler (2012) talks about “developing of community cohesion, integration, and the self-securing agency” of vulnerable civic responsibility indicate that resilience populations. is about building citizens. Under the label “resilient communities,” the United Kingdom, United States, Resilience is increasingly aimed not only Canada, and Australia draw on commu- at disrupting those who would do violence, nity-based policing methods that recog- nize the need for strong local but also at those considered susceptible to partnerships to facilitate police processes. extreme ideas and beliefs. Methods are then applied to intelligence. The goal: to improve relations between police and groups that are perceived as being vulnerable to extremist ideologies. In this sense, resilience is similar to Similar to the 2010 U.S. Homeland Se- other ideas that have emerged from disil- curity national campaign “If you see lusionment with traditional forms of in- something, say something,” resilience is ternational intervention. Hybrid peace or aimed at communities that police suspect “negotiated hybridity,” for example, em- of “seeing” but not “saying.” It can be phasizes bottom-up, community-based seen at work in the recent arrests in the approaches to peacebuilding (Donais Via Rail plot in Canada. The original tip 2012, p. 3). But rather than building to authorities about a possible extremist peace or building states, resilience builds threat came from an Imam; in turn, sev- citizens. eral Muslim leaders were briefed on the impending arrests. Resilience as citizen-building Resilience is increasingly aimed not The role of resilience in citizen-building only at disrupting those who would do can be explored by looking at recent ter- violence, but also at those considered ror events. Resilience, as a key feature of susceptible to extreme ideas and beliefs. contemporary civil defence, reflects ex- In the United Kingdom a program called periences of disaster. Social resilience Channel provides a referral process by features strongly in the United Kingdom. which community members identify indi- It began revising its Civil Contingencies viduals vulnerable to radicalization. They Act in 2001 after a series of domestic are then treated with health, education, crises, including floods, foot-and-mouth and mentoring services. In the aftermath disease, civil strikes, and race riots. In the of the Boston bombing Obama indicated United States there were references to re- that there will be greater efforts to target silience and homeland defence in the af- people who “might become radicalized” termath of 9/11. Efforts to build social (AP 2013; Johnson 2013). This focus on resilience began in greater earnest after vulnerability is different than the tradi-

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tional focus on root causes that informs perceived as the conductors of insecurity human security. to those around them. The rationale behind community- From root causes to vulnerable citizens based approaches to policing and security Resilience is not about root causes of vi- is that by providing for the security of a olence or even the ideas that support vio- community, that community stops posing lence, but the vulnerability of certain a threat to others. Prevention and protec- groups of people to processes of insecu- tion, however, can become confused with Jessica West rity. The connotation of “vulnerable” is containment. And while it appears that is a PhD similar to that of “victims”; there is a Canada has thus far avoided the missteps candidate at the Balsillie sense of being complicit in the violence. made elsewhere, which have caused gov- school Vulnerability distorts agency, shifting ernments to be accused of simultane- of international attention from the perpetrator to the vic- ously supporting and spying on Affairs. she was formerly tim who failed to prevent the crime. communities (U.K. Home Office 2011), a program officer with Project Moreover, vulnerability implies that cer- we still need to think through the impli- Ploughshares. tain groups of people are by definition cations of blending community building [email protected] not resilient and must somehow be made with policing and surveillance. to be so. This is how resilience relates to We need to consider the responsibili- citizen-building. Not only does it aim to ties that citizens and governments have build responsible citizens who contribute to each other. Do we all have a duty to to the security of the state, it also creates be resilient? Is this duty reserved only for a second category of ambiguous the vulnerable? Do citizens have equal citizens—vulnerable citizens—who are claims to protection?

References

Associated Press. 2013. Obama: National security review after Boston Marathon bombing hopes to prevent similar attacks. The Washington Post, April 30. Chandler, D. 2012. Resilience and human security: The post-interventionist paradigm. Security Dialogue 43.3, pp. 213-229. Donais, Timothy. 2012. Peacebuilding and Local Ownership: Post-conflict Consensus-building. New York: Routledge. Gladwell, Malcolm. 2000. The Tipping Point: How Little Things Can Make a Big Difference. New York: Little, Brown. Huffington Post Canada. 2013. Pierre Poilievre: ‘The root cause of terrorism is terrorists’. April 26. Hussain, Misha. 2013. Resilience: meaningless jargon or development solution? The Guardian, March 5. Johnson, Alan. 2013. Idealism without illusion. World Affairs, blog, May 7. Public Safety Canada. 2011. Building resilience against terrorism: Canada’s counter-terrorism strategy. Rosenau, James N. 1997. Many damn things simultaneously: Complexity theory and world affairs. Complexity, Global Politics and National Security. Ed. David S. Alberts & Thomas J. Czerwinski. Washington, D.C.: National Defense University, pp. 73-100. United Kingdom Department for International Development. 2013. Helping developing countries deal with humanitarian emergencies. United Kingdom Home Office. 2011. Prevent Review: Summary of Responses to the Consultation. United Nations Office for Disaster Risk Reduction (UNISDR). 2005. Hyogo Framework for Action. ——-. 2013. Making Cities Resilient. United States Agency for International Development. 2013. Resilience.

The Ploughshares Monitor | Summer 2013 23 Your legacy for peace

You’ve dedicated your life to peace. You can continue to make our world a better place for generations to come by making a bequest to Project Ploughshares through your will.

For more information please visit www.ploughshares.ca or contact Matthew Pupic at 519-888-6541 ext. 7705 [email protected]