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CONTROL ARMS Parliamentary Briefing 1 CONTROL ARMS Parliamentary Briefing 2006 – a crucial year for controlling the global arms trade Introduction: In October 2003, Amnesty International, Oxfam and IANSA (the International Action Network on Small Arms) launched the Control Arms campaign in over 50 countries around the world. The campaign seeks to, amongst other things, build support among governments for an international Arms Trade Treaty (ATT), a legal instrument that would prohibit arms transfers to destinations where they are likely to be used to commit grave human rights violations or undermine development. Substantial progress has been made and at least 43 countries have declared their support for development of an ATT, including all EU member states. Notably the 52 countries of the Commonwealth present also made a supportive statement at the recent Commonwealth Heads of Government summit. Key points to note about the establishment of an ATT • 2006 is a crucial year for the campaign. There is currently no international process underway to establish an ATT but many governments, including the UK, have made a commitment to start discussions. The Control Arms campaign urge all governments to support the recommendation of the Commission for Africa report that “no later than 2006, the international community should open negotiations” for an ATT2. It is hoped that this negotiation will happen at the UN General Assembly in October. • In the UK the ATT has the support of the Defence Manufacturers Association and key trade unionists. The defence industry supports the ATT as it creates a level international playing field whereby defence companies are bound by the same rules. • The UK as a top arms exporting country must strengthen its own domestic control systems and close remaining loopholes. It can only lead on the world stage if it is seen to be putting its own house in order. The Arms Trade Treaty: In October 1995, led by Dr. Oscar Arias of Costa Rica, a group of Nobel Peace Laureates drafted an International Code of Conduct on Arms Transfers. Over time, this initiative has developed into what has become known as the Arms Trade Treaty. The ATT would be the 1 Saferworld, UK member of IANSA 2 Commission for Africa Report, p 163 1 single most effective tool in curbing the proliferation and misuse of conventional arms around the globe. It would create legally binding arms controls and ensure that all governments are bound by the same basic international standards. The ATT is based on states existing responsibilities under international law, particularly international humanitarian and human rights law, but also draws on emerging norms of export controls contained in regional arms control agreements such as the EU Code of Conduct on arms exports and the Nairobi Protocol. In short, it would help stop weapons falling into the hands of indiscriminate killers and human rights abusers. The ATT is the major objective of the Control Arms campaign, a global campaign lead by Oxfam, Amnesty International and the International Action Network on Small arms (IANSA). The campaign is active in over 70 countries and has the support of over 700 NGO’s worldwide. Since October 2003, 43 countries have now declared their support for the development of an ATT 3. In November 2005, 52 countries of the Commonwealth: “noted the proposal for the development of common international standards for the trade in all conventional weapons and added their support to calls for work on such a treaty to commence at the UN.” The Arms Trade Treaty also has the support of the British Defence Industry, as well as support from key trade unions, such as the Transport and General Workers Union (TGWU). The British Defence Manufacturers Association (DMA) - an umbrella body for more than 550 defence companies has said it supports the development of the ATT, as it will help create an international level playing field, ensuring that all defence companies are bound by the same rules. We welcome the efforts of the Foreign Secretary to promote the ATT at various bilateral and multilateral levels this year. However, the G8 Heads of State communiqué in July failed to include reference to an ATT, while the dropping of any substantial reference to disarmament and non-proliferation at the UN World Summit in September 2005 was a bitter disappointment. This is indicative of the challenges that lie ahead. We want all governments including the UK to commit to starting negotiations on an ATT at the 2006 UN General Assembly in October. To meet these objectives, the UK must: • significantly increase its energy, capacity and resources in securing greater international support for the ATT during 2006 • continue to actively develop strategies with both supporter and blocker states in order to achieve international agreement in October at the UN General Assembly meeting. Whilst the campaign is being led by the Foreign and Commonwealth Office, the Control Arms campaign would also welcome public support from other relevant Government departments including the MoD, DTI, DFID, and No 10. In addition, whilst the three major parties at Westminster have made a commitment to the ATT in their manifestos, it is important to ensure that the ATT receives active cross party support from backbench MPs and prominent displays of support from Opposition frontbench spokespeople. 3 Austria, Benin, Belgium, Cambodia, Colombia, Costa Rica, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Ghana, Greece, Guinea, Holy See, Hungary, Iceland, Ireland , Italy, Kenya, Lithuania, Latvia, Luxembourg, Mali, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Senegal, Sierra Leone, Slovakia. Slovenia, Spain, Sweden, Switzerland, Tanzania, Turkey, Uganda, UK 2 The UN small arms process: At the international level the most significant progress to date on controlling arms transfers has been within the UN work on small arms and light weapons. In 2001 an inaugural conference established the UN Programme of Action to address the devastating consequences of the misuse of small arms. The Programme of Action will be reviewed in June in New York. Prior to that a preparatory committee will take place January 10-20th to set the scene for the June meeting. Whilst the ATT should be the ultimate objective of the UK, useful progress could and should be made within existing mechanisms, most notably the UN small arms process. Prior to offering its full support for the ATT, the UK government has been leading the Transfer Control Initiative (TCI). The TCI is an attempt to introduce politically binding global guidelines on small arms transfers, which would be incorporated within the UN Small Arms Programme of Action. It is important to note that any agreement from this meeting will be politically significant (although not legally-binding) and would only cover small arms and light weapons. Nevertheless it will be a very important building block for subsequent negotiations on the ATT. There are currently different proposals about what these principles will be. We urge the UK government to support tough principles for action on small arms and to continue to press for the establishment of a process to discuss an ATT to regulate the trade in all arms. UK national export controls: Given the robust support for the ATT it is more important than ever that the UK government lead by example on the world stage. Since 1997, the government has taken a number of positive steps towards improving export controls, including the 1998 EU Code of Conduct, the UK Export Control Act of 2002 and its supporting secondary legislation in 2004. A review of the new legislation is due to take place from the end of 2006. However, dangerous loopholes still exist in UK law. These include. • Brokering - The government has still failed to honour its 2001 manifesto commitment to regulate arms brokers and traffickers “wherever they are located”, particularly over small arms and light weapons. • Licensed production overseas - In May 2005, Turkish made Land Rover Defender 110 military vehicles were used by Uzbek troops during the Andijan massacre. 70 percent of the Land rover components were exported from the UK to Turkey in kit form. This unregulated use of licensed production arrangements undermines UK export controls. • Lack of enforcement of the Export Control Act- Despite several new examples of British companies involved in the supply of military equipment to embargoed destinations (including Sudan, Rwanda and the DRC), or involved in the brokering of torture equipment (including electro shock batons), none of these companies have been adequately investigated or prosecuted. • A lack of formal end use monitoring of UK exports – this has led to the possible misuse of British military equipment in Indonesia (Aceh) and West Papua. • A poor level of transparency in the UK government’s quarterly and annual reports on arms exports. 3 Actions for MPs Please take the following action to press the UK Government to commit to negotiations for an ATT to begin in 2006: • Add your signature to EDM number 1126, in support of the ATT. • Add your face to the online ‘Million Faces Petition’, which will be presented to the UN at the small arms conference in New York in June. (Visit www.controlarms.org) • Ask written and oral parliamentary questions to encourage all UK Government departments to increase their efforts, resources and capacity to deliver an ATT. • Write to Ministers at the DTI, MoD and DFID encouraging them to make their own public statements of support for an ATT. • Encourage any local defence manufactures in your constituency to pledge their support for the ATT. • Encourage international counterparts to raise the ATT with their governments, for example via the Inter Parliamentary Union. If you would like any further information please contact: Amnesty International: Alice Hutchinson 0207 033 1680 [email protected] Oxfam: Katy McDermott 01865 472339 [email protected].
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