Progress made towards an Arms Trade Treaty
Saferworld reports on the outcomes of the first official meeting marking the start of the negotiating stage of the UN global Arms Trade Treaty (ATT) process.
One person dies every minute as a result of armed violence, with thousands more injured and abused every day. However, there are currently no comprehensive, legally binding international rules governing the trade in conventional arms, and gaps and loopholes in national controls allow weapons to end up in conflict zones and in the hands of human rights abusers. Saferworld, as part of the Control Arms coalition, is calling for an Arms Trade Treaty (ATT) to establish international rules and standards to better regulate the international arms trade.
Following several years of general discussions at the UN about the merits of developing a legally-binding treaty to regulate international transfers of conventional arms, last year the UN General Assembly passed a resolution to negotiate an ATT. The resolution mandates four weeks of Preparatory Committee (PrepCom) meetings in advance of a final negotiating conference, scheduled for 2012. At the first two weeks of PrepCom, held in July, the concept of a Treaty received almost universal acclaim, with delegates discussing the possible principles, goals and objectives of the Treaty, as well as specific elements that an ATT would need to include. Separate facilitated sessions were devoted to consideration of the scope, the parameters (i.e. the issues that would determine whether arms transfers should or should not be authorised), and the implementation of an ATT.
Delegates’ ideas were collected by the Chair of the process, Ambassador Moritán of Argentina, and presented at the end of the two weeks in a Chairman's Draft Paper.
Importantly, while the Chairman’s Draft Paper referenced the right of States to manufacture, develop, acquire, import, export transfer and retain conventional arms, it was acknowledged that such rights must be exercised in accordance with international law. Moreover, the Draft Paper also noted that the Treaty should inter alia:
- establish the highest possible common international standards for conventional arms transfers;
- prevent international transfers that contribute to or facilitate human suffering, serious violations of international human rights and humanitarian law, armed conflict, displacement of people, organised crime and terrorist acts;
- contribute to international peace security and stability; and
- promote transparency and accountability.
While a wide range of possible Treaty elements were identified, e.g. licensing procedures, criteria for assessment of possible transfers, end-use certificates/assurances, transparency and technical assistance, there was no effort to draft actual Treaty language under any of these elements. It is however anticipated that the next PrepCom, set for February 2011, will begin to elaborate versions of possible Treaty text under each of the headings listed in the Chairman’s Draft Paper, even though at the same time some States may argue against the inclusion of certain of those elements.
Saferworld and partners Center for International Trade & Security and Oxfam launched National implementation of the proposed arms trade treaty: a practical guide at the PrepCom. The guide is intended to support law-makers, licensing officers, customs officials, and other agencies and individuals involved in establishing and implementing national controls for international arms transfers. The guide should also alert UN Member States to some of the practical issues they will need to consider at the national level as they begin the process of negotiating a Treaty, including licensing procedures, training of officials and outreach to industry.
Saferworld has also been at the forefront of efforts to explore the possible elements of an international implementation framework for the ATT - including mechanisms for reporting, monitoring and verification. A number of the concepts explored in our 2008 report Making it Work: Monitoring and verifying an international Arms Trade Treaty were also widely discussed in the margins of the Prep Com.
While considerable progress was made, it remains clear that not all states share the same vision of what an ATT should be, and there are still many difficult discussions to be had. For example, there are widely diverging views on the range of equipment to which the ATT should apply, some states have serious anxieties over how international human rights and humanitarian law will be addressed, and so far there has been little discussion of how disputes between states might be handled.
In addition, despite a number of assurances before and at the start of the first two weeks of PrepCom that proceedings would be largely open to civil society, on the first Wednesday it was announced that the sessions on scope, parameters and implementation would be for states only. This flies in the face of recent trends towards greater openness in UN negotiations, and raises the prospect of the Treaty negotiations ignoring the concerns and interests of those whose lives and livelihoods are most affected by the irresponsible transfer of conventional arms.
