Africa and an arms trade treaty INTRODUCTION scope and parameters of a possible ATT. Experts from fi ve African countries, namely South Africa, Egypt, Much of the international disarmament debate in the Nigeria, Algeria and Kenya, took part in the study. Th ese last decade or so has focused on curbing the illicit countries’ perceptions and understandings of an ATT proliferation of small arms and light weapons (SALW), will be discussed and analysed with the aim of highlight- particularly since the adoption of the United Nations ing the reservations and uncertainties that have been Programme of Action to Prevent, Combat and Eradicate raised. Th e possible reasons for these reservations will the Illicit Trade in Small Arms and Light Weapons in also be discussed. All its aspects (UN PoA) in 2001. More recently however, there has been increasing support for more eff ective BACKGROUND TO THE ARMS regulation over the legal trade in conventional weapons. TRADE TREATY INITIATIVE Recognising that an important aspect of curbing the illicit proliferation of SALW is controlling the Th e current initiative to regulate the legal arms trade legal trade in arms, an initiative was put forward in began in 1995, when a group of Nobel Peace Laureates 1995 that called for the establishment of common and non-governmental organisations (NGOs) proposed international standards to regulate the legal arms trade. the establishment of a set of criteria to guide conven- Th is initiative has become known as the Arms Trade tional weapons transfers.1 In 1997 the process was Treaty (ATT). taken a step further when the ‘Nobel Peace Laureates It is envisaged that such a treaty would establish International Code of Conduct on Arms Transfers’ was common universal standards for the import, export draft ed. Th is draft , to a large extent, guided later discus- and transfer of conventional weapons and in doing sions on an ATT. so ensure more responsible trade in arms by prevent- While it is accepted that conventional arms play a ing weapons transfers to confl ict zones where they legitimate role in the maintenance of national security,2 might contribute to further instability and human it is argued that an arms trade treaty is necessary to rights abuses. establish ‘a set of legally-binding international principles Much confusion surrounds the proposed ATT and to govern the trade in conventional arms and set out a the implications that it may hold for sovereign states, as practical mechanism for their application’.3 Th is will, well as the impact it may have on national arms indus- amongst other things, minimise the chances of irrespon- tries. Th ese uncertainties, and the lack of clarifi cation on sible arms transfers, prevent diversions, increase trans- them, have resulted in some states taking a more con- parency in arms procurement and avert the destabilising servative and cautious approach in discussions regarding accumulation of arms in confl ict zones.4 the proposed ATT. Although illicit SALW remain the most com- Th is paper discusses the preliminary perceptions monly used weapons in African confl icts, trade in and understandings of African countries on an ATT. other conventional weapons to confl ict zones has been Pursuant to the General Assembly Resolution 61/89, recognised as a contributory factor to the escalation of ‘Towards an arms trade treaty: establishing common in- local and regional confl icts and human rights violations. ternational standards for the import, export and transfer It is therefore argued that an ATT arises from a need for of conventional weapons’, adopted in December 2006, a an agreement pertaining to all conventional weapons group of 28 governmental experts were appointed by the including, but not limited to SALW, as is the case United Nations Secretary General to assess the feasibility, with the UN PoA. Conventional weapons that are not Dominique Dye • ISS Paper 191 • August 2009 considered to be SALW include battle tanks, armoured common international standards for the import, export combat vehicles, large-calibre artillery systems, combat and transfer of conventional weapons’. aircraft and missiles.5 Th e resolution recognised that ‘the absence of While the scope and parameters of an ATT remain common international standards on the import, export largely undefi ned by states, a group of international and transfer of conventional arms is a contributory organisations, NGOs and lawyers have put forward some factor to confl ict, the displacement of people, crime and key principles that might underpin such a treaty. Th ey terrorism, thereby undermining peace, reconciliation, are as follows: safety, security, stability and sustainable development’. It also acknowledged that there is ‘growing support across ■ Th at all arms and ammunition transfers be author- all regions for concluding a legally binding instrument ised and carried out by states in accordance with their negotiated on a non-discriminatory, transparent and national laws and procedures, which refl ect their multilateral basis, to establish common international obligations under international law standards for the import, export and transfer of conven- ■ States shall not authorise arms or ammunition trans- tional arms’.10 fers that violate their obligations under international Th rough the resolution, the General Assembly law, including UN Security Council resolutions and requested that the UN Secretary General – international humanitarian law ■ States shall not authorise arms or ammunition ■ seek the views of member states on the feasibility, transfers if they will be or are likely to be used in scope and draft parameters of a comprehensive, violation of international law, including the violation legally binding instrument establishing common of human rights international standards for the import, export and ■ States should also consider other factors, such as the transfer of conventional arms; and impact of arms or ammunition transfers on regional ■ establish a group of governmental experts (GGE) to security, corruption and sustainable development examine the feasibility, scope and draft parameters ■ States shall submit comprehensive national annual of a comprehensive, legally binding instrument reports on all of their arms and ammunition transfers establishing common international standards for the to an international registry import, export and transfer of conventional arms ■ States shall establish common standards for specifi c mechanisms to control the import and export of arms Th e GGE was tasked with compiling a report that was and ammunition, arms and ammunition brokering presented to the General Assembly for consideration at activities, the transfer of licensed arms and ammuni- its 63rd session in October 2008.11,12 tion production, and the transit and transhipment of 6 arms and ammunition THE GGE REPORT In 2003, Amnesty International, Oxfam and the Five African countries participated in the GGE, namely International Action Network on Small Arms (IANSA) Algeria, Egypt, Kenya, Nigeria and South Africa. Th e launched an international campaign, called the Control work of the group was largely informed by the report Arms Campaign. With a focus on promoting the devel- of the Secretary General,13 although it also made use of opment of an ATT,7 the campaign has steadily gained studies conducted by the UN Institute for Disarmament support from states over the years, with the United Research (UNIDIR) and a consultant. In its report Kingdom (UK) being the fi rst major arms exporting presented to the 63rd Session of the General Assembly, country and permanent member of the UN Security the GGE noted that globalisation had changed the Council to support the initiative.8 dynamics of international arms trade and that most At the fi rst review conference of the UN PoA in July arms-producing states were increasingly relying on 2006, the governments of Argentina, Australia, Costa technology transfers and upgrades from external Rica, Finland, Japan, Kenya and the UK put forward a sources. Th e GGE acknowledged that arms embargoes draft resolution to initiate negotiations on the develop- were violated on certain occasions, and recognised that ment of an ATT.9 Later in the year, at the 2006 UN First global arms production and trade contributed signifi - Committee on Disarmament and International Security cantly to the economy and employment in a number (First Committee), signifi cant progress was made in of countries.14 furthering the process when 153 countries voted in In assessing the feasibility of an ATT, the GGE favour of beginning work towards the development of recognised that this would be dependent on defi ning its such a treaty. Th e vote led to the adoption of resolution goals and objectives. A broad range of factors could to be 61/89 ‘Towards an Arms Trade Treaty: establishing considered, including regional stability and international 2 Africa and an arms trade treaty • ISS Paper 191 • August 2009 human rights law. It was also noted that the feasibility report in order to assess where consensus could be of an ATT would depend on its practical applicability, developed. Th e OEWG met in January 2009 to prepare resistance to political abuse and potential for universal- for six substantive sessions – two sessions a year until ity. Th e need for agreed and objective criteria that would 2011. A fi rst substantive session was held in March refl ect the responsibilities of importers and exporters 2009 and a second is planned for July 2009. While some was also emphasised. Th e group considered the types of African countries were present and gave statements at the weapons and activities and/or transactions that could fi rst session, including Nigeria, Mauritania and Algeria, be included in or excluded from the scope of a potential engagement by African countries was poor. ATT, and noted that combating illicit trade and unau- Th e UNIDIR, with the support of civil society thorised transfers of SALW to non-state actors would organisations, launched a project in 2009 to promote have to be adequately addressed.15 discussion and increase participation by all stakeholders In considering the draft parameters of an ATT, the in the ATT process.