This article was co-authored byErkki Tuomioja, the Minister of Foreign Affairs of Finland, and Olugbenga Ashiru, the Minister of Foreign Affairs of Nigeria. In it, the ministers make the case that violent disputes, even those small in nature, can be catalyzed by easy access to weapons, and have the power to grow and derail international development. This, according to the ministers, has necessitated the ratification of an International Arms Trade Treaty, to regulate the sale of weapons, and stop them from falling into the wrong hands.
Photos by Lauri Voionmaa/Ministry for Foreign Affairs of Finland, and UN Photo
Recent international media coverage has been full of horror pictures from Hama, Homs and other Syrian cities. Civilian populations, including women and children have been tortured and killed inhumanly. Despite strong global condemnation, atrocities continue and arms use to commit human rights violations are transferred without obstacle. Due to former UN Secretary General Kofi Annan’s efforts, the situation has only recently calmed down, if only partly. Regrettably, Syria presents only one example, although a very serious one, of the need of an International Arms Trade Treaty (ATT).
The easy availability of arms has caused widespread human suffering, increased criminality and threatened civilian populations. Irresponsible transfers of conventional arms can easily lead to destabilization of security in various states and regions, add to internal conflicts and contribute to human rights – abuses especially those of women and children. States remain primary guardians of their citizens’ protection. As it is the states that decide upon licensing they are expected to display responsibility in their actions.
So far many important areas of global trade have been regulated with international norms. Unfortunately, international arms trades in conventional arms from the most technologically sophisticated weaponry to more common arms have remained outside global binding rules. Today no set of commonly agreed norms exits.
As many had voiced concern of the absence of globally agreed norms, the preparations of an International Arms Trade Treaty finally began in 2006. In connection with the acceptance of resolution 61/89 Finland, one of the ATT co-authors, highlighted the support for the effort when it stated that “everyday everywhere, people are affected by the side effects of irresponsible arms transfers” thus underlining human rights’ central position in the future Treaty. At the end of 2009 the UN General Assembly decided to convene a UN Conference on the Arms Treaty in 2012 “to elaborate a legally binding instrument on the highest possible common international standards for the transfer of conventional arms.” An ATT Prepcom thereafter prepared the Treaty’s elements for two years.
Photos by Lauri Voionmaa/Ministry for Foreign Affairs of Finland, and UN Photo
An efficient and universal ATT shall include a clear aim, wide definition of various types of arms transfers and the widest possible and modern arms scope. Arms would thus include the most sophisticated and technologically advanced conventional arms enabling the ATT to be a modern Treaty. The arms scope should also include small and light weapons (SALW) as well as ammunition that is often diverted to others rather than to intended users. These arms form the most central element of the ATT’s arms scope for many like African and Latin-American states. According to estimates nearly 300,000 lives are lost yearly in use of these arms.
Problems caused by small arms relate especially to Africa where accessibility to small arms and light weapons has sustained conflicts, aided insurgency and contributed to transnational crime. The situation in the Sahel region in Africa presents another example where the preponderance of arms, including those ostensibly stolen from the Libyan arsenal, has encouraged militancy, including armed rebellion and terrorism.
In addition, arms from earlier conflicts in Mozambique and Angola are still diverted to South-Africa, Namibia, Zimbabwe and Zambia without controls to stop them. In the ATT preparations there has been some opposition on regulation of these arms despite the well know problems they cause.
One of the most destructive aspects of the illegal arms trade relates to the trafficking of small arms like various types of rifles and pistols. These arms are responsible for more than 1,300 daily deaths. Rebel group and terrorists have purchased these arms as they are small, easily portable and can be hidden with relatively little effort. It is to be expected that negotiations in the July UN Conference on the inclusion of these arms to the ATT’s arms scope will be all but easy. The absence an internationally accepted definition of small arms adds to the problem.
To be robust and effective the ATT shall bind the state parties legally. The Treaty shall include clear and precise criteria for arms licensing. The most important criteria relate to human rights, human rights law and humanitarian law which form the Treaty’s core element in its set of criteria. As human rights are central in the Treaty, criteria related to them should be binding.
It is intended that the implementation of the Treaty should take place at the national level. This requires effective national administration, licensing systems and transparent and open reporting. It is clear that states with already efficient administration do not need further guidance. For those exercising a developed and open arms trade policy, the most important question relates to the added value of the Treaty and thus to the level of ambition of the Treaty’s obligations. The developing states are in a different position. The efficiency and universality of the ATT also requires the adherence of developing states. This is why the Treaty should include provisions of assistance to these states. Developed states like Finland should assume responsibility to assist developing states that so desire to facilitate their adherence to the Treaty.
Photos by Lauri Voionmaa/Ministry for Foreign Affairs of Finland, and UN Photo
The ATT enjoys wide international support although also negative attitudes still exist. There are states that fear that weakened national defense and arms trade will be brought to a standstill if the ATT’s licensing criteria were to be applied in a discriminatory way. Some big arms producers still doubt the ATT project. Although the ATT enjoys wide support in number, it is not to be taken as granted that at the end of July there will be an ATT. Although the usual division in UN between North and South has largely been avoided in the ATT preparations, important open questions remain to be resolved. One of these questions relates to the varying views of arms producing and importing states of the Treaty’s equal application.
The requirement of equal application of the ATT with commonly agreed licensing criteria relates to basic questions of international politics like state sovereignty; specifically in state’s right to acquire arms for self-defense according to article 51 of the UN charter. A question of relevance is also the verification of breaches of human rights. A successful resolution of these and other open questions will require a lot of political will in the July UN Conference. The impact of the consensus requirement on the dynamics of decision making remains an open question.
As stated, the regulation of conventional arms lags behind global developments. We are personally hopeful of the conclusion of the ATT at the end of July. It is to be regretted that despite the ATT, arms trade and human rights breaches will continue. Although the ATT as such cannot solve problems like the Syrian one nor prohibit similar serious conflicts because of their pluralistic nature, the ATT forms a no doubt important step forward and a means by which the international community can try to reduce problems caused by arms trade and enhance respect of human rights.
July 2, 2012
An article co-authored by
Dr Erkki Tuomioja H.E. Ambassador Olugbenga Ashiru
Minister for Foreign Affairs of the of Finland Federal Republic of Nigeria