2008 Y ar U febr “The idea is simple: require our countries not to transfer weapons to states, groups or individuals if there is reason to believe the weapons will be used to violate human rights or existing international law… An Arms Trade Treaty would make legal ties out of the moral ties by which we already know we must abide.” Dr Óscar Arias Sánchez, Nobel Laureate and President of Costa Rica The Arms Trade Treaty Working to prevent BRIEFING armed violence This briefing summarises the progress made so far conventional arms transfer controls at sub-regional and regional levels. on reaching an international Arms Trade Treaty (ATT) An effective, legally-binding ATT would and outlines the next steps of the process for 2008. ensure that these existing efforts are not undermined by the lack of a consistent, comprehensive global framework. States have a right to self-defence and regions have agreements in place to a legitimate need to retain arms for regulate the international transfer of “…the absence of a universal defence and security. However, the arms, many of these fail to fully reflect and inclusive system assuring irresponsible and poorly regulated trade states’ obligations under international high basic standards governing in arms fuels conflict, destabilises entire law and are often poorly enforced. regions, undermines sustainable develop- There is also a significant number of the import, export and transfer ment and contributes to human rights states that are not party to any regional of conventional arms is a abuses and violations of international or multilateral agreements to control the contributory factor to conflict, humanitarian law. transfer of arms and whose national law the displacement of people, crime The spread of illicit weapons is destroy- is underdeveloped. ing lives and making insecurity a daily However, states have previously and terrorism.” reality for those who live in fear of armed demonstrated that global agreements The European Union’s response to violence. These consequences have led can be reached on weapons transfers Resolution 61/89 many to call for a global approach to through their collective efforts to address controlling the arms trade. weapons of mass destruction and there Progress so far… Although many individual states and is already growing co-operation on Support for an ATT among governments has grown dramatically since 2003. In December 2006, Argentina, Australia, Costa Rica, Finland, Japan, Kenya and the UK promoted the idea at the United Nations by co-authoring UN Resolution 61/89, Towards an arms trade treaty: establishing common international standards for the import, export and transfer of conventional arms. 153 Member States voted in favour of the resolution at the UN General Assembly and a formal process to discuss an international, legally-binding Arms Trade Treaty has begun. 153 Member States vote in favour of UN Resolution 61/89 saferworld briefing: The Arms Trade Treaty The first part of this process was a consultation wherein the UN Secretary- General requested Member States to submit their views on the feasibility, scope and draft parameters of an ATT. This consultation concluded in October 2007 when the Secretary-General presented a report of these views to the General Assembly. Approximately 100 Member States made submissions to the consultation process, far more than has been the case with similar processes in the past, with the vast majority being in favour of a process toward the ATT. “As a developing African country which is heavily affected by the proliferation of illicit small arms and light weapons, Kenya is proud to play a leading role in international efforts toward a legally binding ATT.” Kenya’s response to Resolution 61/89 Arms in Africa The ATT in 2008 In October 2007, Saferworld published a report with IANSA and Oxfam, The UN Secretary-General, Ban Ki Moon, Africa’s Missing Billions, which estimated the economic cost of armed conflict to has now established a group of govern- Africa’s development. mental experts (GGE) “…to examine the The report found that, since 1990, armed conflict has cost African countries feasibility, scope and draft parameters around $300 billion. This sum is equivalent to the amount of international aid for a comprehensive, legally binding Africa received from major donors in the same period. If this money hadn’t been instrument establishing common inter- lost to armed conflict it could have solved the problem of HIV and AIDS in Africa, national standards for the import, export or addressed its need for education, clean water and sanitation. and transfer of conventional arms.” The research also found that at least 95% of the weapons most commonly used The GGE will meet three times in 2008 in Africa’s conflicts come from outside the continent. The most common weapons (in February, May and July–August). A were from the family of Kalashnikov assault rifles, typified by the AK-47, almost report of their findings will be presented none of which are made in Africa. Similarly, most of the ammunition which these to the UN Secretary-General during the weapons use is also manufactured outside of Africa. 63rd session of the General Assembly in If armed violence is this costly, and most of the weapons come from outside the September 2008. continent, then Africa desperately needs to stop the flow of arms to those who Political interest in this issue is abuse human rights and ignore the rules of war. An effective international Arms extremely high. Not only was the Trade Treaty would play an important role in meeting this ambition. response to the Secretary General’s Invitees to the GGE Approximately a thousand people die each day as Algeria, Argentina*, Australia*, a result of armed violence with many more injured, Brazil, China, Colombia, Costa Rica*, Cuba, Egypt, Finland*, France, displaced and traumatised. Germany, India, Indonesia, Italy, Japan*, Kenya*, Mexico, Nigeria, consultation much wider than expected rights law and international Pakistan, Romania, Russia, South but an unprecedented 60 states humanitarian law. Africa, Spain, Switzerland, UK*, competed for places on the 28-strong n Applies to the import, export, transit Ukraine, USA. GGE. However, despite widespread and brokering of all conventional arms enthusiasm for an ATT, there are several *Co-authors of UN Resolution 61/89 and dual-use goods intended for important states yet to be persuaded of “Towards an arms trade treaty: military end-use. its merits, including major exporters such establishing common international n Covers all types of transfer, including as the US and Russia. The challenge, standards for the import, export and commercial sales, government-to- therefore, is to translate broad support transfer of conventional arms” government deals, gifts and loans. for the principle into concrete progress towards a strong and effective treaty. It should also recommend to the Meeting dates of GGE Saferworld calls on the GGE to fully Secretary-General that the UN follow 11–15 February, New York support the idea of a comprehensive ATT up the work of the GGE with an 12–16 May, New York that: ‘open-ended working group’ to begin 28 July–8 August, New York n Is based on relevant principles of negotiations towards a legally-binding international law, in particular human Arms Trade Treaty as soon as possible. saferworld briefing: The Arms Trade Treaty Global Principles for Arms Transfers In 2006, a group of NGOs, including states’ obligations under international other factors before authorising an arms Saferworld, compiled a review of law. transfer including the likely use of the existing obligations under international arms or ammunition and the recipient’s Principle 2: Express limitations law with respect to the transfer of arms record of compliance with commitments States shall not authorise international and ammunition. This drew on and transparency in the fields of non- transfers of arms or ammunition that international and regional treaties, proliferation, arms and munitions violate their expressed obligations declarations and resolutions of the control and disarmament. United Nations and other multilateral under international law including: and regional organisations. UN embargoes, prohibitions that arise Principle 5: Transparency States shall These global principles provide the from conventions or other treaties and submit comprehensive national annual foundation for an Arms Trade Treaty universally accepted principles of reports on all their international arms and are presented in summary form international humanitarian law. and ammunition transfers to an inter- below. The complete set of principles, national registry, which shall publish a Principle 3: Limitations based on along with explanatory notes, can be compiled international annual report. use or likely use States shall not found in A Guide to the Global authorise international transfers of Principle 6: Comprehensive controls Principles for Arms Transfers. arms or ammunition where they will be States shall establish common standards Principle 1: Responsibilities of used, or are likely to be used, for for specific mechanisms to control the import, export, brokering, transit, states All international transfers of violations of international law, includ- transhipment and production capacity arms and ammunition shall be author- ing gross violations of international for all conventional arms and ised by all states with jurisdiction over human rights or humanitarian law and ammunition. any part of the transfer (including acts of genocide or crimes against import, export, transit, transhipment States shall establish operative humanity. and brokering) and carried out in provisions to monitor enforcement and accordance with national laws and Principle 4: Factors to be taken into review procedures to strengthen the procedures that reflect, as a minimum, account States shall take into account full implementation of the Principles. What would an Arms Trade Thus, many arms transfers would not diverted either during transfer to an Treaty do? be affected. However the ATT would illicit end-user, or after transfer to an impact on: unauthorised end-user.