2017 GA1 Measures to increase transparency in the trade of armaments to
Index Introduction... 3 Definition of key-terms... 4 General Overview... 7 Major parties involved and their views... 11 Timeline of important events/documents... 14 UN involvement... 15 Possible Solutions... 17 List of Sources... 18 2
Forum: GA1 - Disarmament Commission Issue: Measures to increase transparency in the trade armaments to and within regions of conflict Student Officers: Camila Bogliacino and Julieta Mohadeb Position: Chairs Introduction Arms are constantly ending up in the hands of terrorists, where they are used to fuel armed conflict and violence, leading to heinous crimes and severe violations of human rights. The arm trade industry is considered to be a huge international business, and it is estimated that the worth of international transfer of major conventional weapons is around $50-70 billion. Whilst a business must always work in transparency, and making deals under-thetable is seen as illicit, it is notable that armament trade involving regions of conflict often does occur in this particular fashion. Even if the international arms trade exists all around the world, it is most present in conflict regions and unstable countries. When the conflict exacerbates, guerrilla organizations often get involved, capturing and killing innocents to bring across statements. Even if international security manages to remain unharmed, national security, as a matter of fact, is still profoundly at risk. Therefore, it is imperative for nations to begin implementing transparency in trade. Each country has a different transparency rate based on the Transparency Barometer. Germany, UK and the Netherlands were the most transparent major small arms exporters. And, the least transparent countries are North Korea, Iran and Saudi Arabia 3
Definition of key-terms Arms trade: Movement of weapons at war across and between countries. It is the global market for any product of the arms industry, which includes land based weapons, small arms, aerospace systems and naval systems. Transparency: Information open to public scrutiny. In terms of transparency in the arms trade, it would mean providing full, accurate reports to international agencies, such as the UN as it published the Arms Trade Treaty (ATT). Transparency allows states, governments and organizations to know the basics facts, figures, mechanisms and processes of the arms trade. Areas of armed conflict: According to the International Humanitarian Law this concept is divided into: international armed conflicts, where two or more states are opposed, and non-international armed conflicts, between governmental forces and non-governmental armed groups, or between such groups only. Non-state actors: An individual or organization that has significant political influence but is not allied to any particular country or state. This term includes but is not limited to: Armed rebel groups, freedom fighters, paramilitaries, civilian militias, civil defence forces, vigilante groups, terrorist organisations, black market arms traders, private military companies. Black market: Black market is trade beyond governmental control, this is to avoid government price control or taxes. The black market is the main platform at which illegal arms trade occurs, which makes it extremely difficult to implement control and transparency of investments. 4
Grey market: In the grey market, transfers occur legally through the government. However, agents avail loopholes to evade national and international laws and policies. Conventional weapons: Any armament used in crimes, conflicts or wars. According to the UN, this term includes: Battle tanks, armored combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles and small arms. They are not weapons of mass destruction, namely nuclear, biological or chemical. Arms broker: A person or entity acting as an intermediary that brings together relevant parties in order to arrange or facilitate a potential transaction of small arms and light weapons in return for some form of benefit, whether financial or otherwise. Often, brokers work outside the control of any State, arranging transfers between two countries while working from the territory of a third country. Arms Trade Treaty (ATT): The Arms Trade Treaty is a multilateral, legally binding agreement. It was adopted in April 2013. It establishes common standards for international trade of conventional weapons and seeks to reduce illicit arms trade. Sustainable Development Goals: The Sustainable Development Goals (SDGs) is an agenda set by the UN in 2015, composed of 17 goals that include: ending poverty, achieving gender equality and reducing global warming within a period of 15 years. It aims to reduce illicit arms trade flow by 2030, under goal 16. Transparency barometer: The Transparency Barometer is a tool used to measure the transparency of arms trade in different states. The transparency scale is out of 25. The scoring guidelines encompass 5
seven parameters: timeliness, access and consistency, clarity, comprehensiveness, the inclusion of data on deliveries, and reporting on licences granted and refused. Dual use goods: Goods that have both military and civil purposes. Examples of dual use goods are software and technologies that have the potential to be used for both civilians and military applications. 6
General Overview Brief history and context After the development of industry in the eighteenth century, weaponry became much easier and cheaper to produce, which enhanced international arms trade. Given the elevated number of deaths resulting of WWI, private firms, the most substantially benefited from arms trade, became stigmatized as being responsible for the continuous war. As a result, governments ameliorated their arms regulations after 1918 in order to reduce conveyances. However, this policy had no success whatsoever as illegal trade prospered throughout the following decades, due to this restrictions. Thereafter, the arms race increased illicit arms trade to a great extent. Illegal arms trade reached a peak point during the Cold War, and in 1986 the US was exposed for unlawful trading in what became to be known as the Iran Contra Affair of 1985-1987. However, nothing was done between 1945 and 1991 to establish arms trade control standards. Weapons system In the current condition of internal conflicts and civil strife, liability is much more difficult to impose and is often non-existent. The commerce of weapons is increasingly governed by the laws of supply and demand with little or no regard to the doings of recipients. Suppliers, whether States or companies, are notably reluctant to condition sales on the behaviour or intentions of belligerents. For several years now, the global trade in major conventional weapons has been documented by organizations such as the Stockholm International Peace Research Institute (SIPRI), the US Arms Control and Disarmament Agency, and more recently, the UN Register of Conventional Arms. The sale or transfer of these weapons in the 1970s and 1980s, among NATO and Warsaw Pact members with developing countries, was relatively unchallenging to track in terms of both trade flows and dollar amounts. However, the international community became increasingly concerned that the proliferation of major weapon systems was fuelling regional arms races that could break out into open warfare (e.g., the Iran-Iraq war of the 1980s). 7
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Small Arms and Light Weapons (SALW) While major weapon systems such as tanks and aircraft undoubtedly continue to account for many combatant and civilian deaths in conflicts, the distinguishing features of small arms and light weapons have made them particularly well-suited to the intrastate conflicts. Their simplicity, durability, portability, concealability, low cost, wide availability, and finally lethality makes them the preeminent weapon. Furthermore, very few national governments publish statistics on the sale or transfer of small arms and light weapons, even less so private companies, and much of the trade is carried on through black market and other illicit channels. There are a range of means by which legally transferred arms can become illegally held arms, including: intentional diversion by a government or a private company, the theft or capture of arms stocks by insurgent forces, and exchanges between criminal organizations and insurgents. Furthermore, in some cases governments or their officials have turned a blind eye, for political or economic reasons, to transfers to recipients other than those which are officially declared to national authorities before the export licenses are obtained. Black market and illicit arms trade There has been a striking growth in trade in the black market, largely due to the increase of non state actors, such as terrorist groups. Another major factor that rocketed the rates of arms trade in the black market is the implementation of UN arms embargoes. Moreover, theft of weapons from military and police warehouses is a major problem in regions of conflict, which means increased levels of armed violence and significantly decreased transparency of arms trading. Although the black market trading is only a small portion of the total value of conventional arms, they account for the majority of casualties in most armed conflicts. Wassenaar agreement The main reason behind its creation is to promote transparency amongst conventional arms and dual use goods trading. Twice a year, member countries exchange information on deliveries of conventional arms to non-wassenaar members. Nevertheless, in most cases, subcontractors supplying components to a large major contractor don t have the knowledge 9
regarding the future use of the purchased products and whether they will be used in defence or iniquity. Notable deals of illegal arms trade: There are significant individuals in history who have been notorious arms smugglers, one of the most noteworthy being Viktor Bout. He is one of the world s most prolific arms traffickers, also known as the Merchant of Death. Bout smuggled weapons to conflict zones in South America, the Middle East and Africa. He started exploiting this market after the collapse of the USSR, where huge stockpiles of weapons couldn t be used. He traded illegal weapons with the Liberian President for illegal diamonds in return. Eventually, Bout was caught redhanded by the US Drug Enforcement Agency (DEA). Just as famous, is Libyan leader Muammar Qaddafi. After he surrendered his weapons of mass destruction in 2003, Britain, France and the U.S. began selling him billions of dollars worth of arms. In 2011, a NATO-led army of the same countries that previously sold weapons to Qaddafi led an attack on Libya, which ultimately resulted in the death of Qadaffi and about 20,000 others. Consequences of illicit arms trade: Illicit arms trade has long and short term consequences. The main consequence is that due to the lack of transparency of trading, the arms are getting into the hands of criminals and terrorist groups, resulting in more than 500,000 deaths each year. Arms trafficking fuels civil wars and regional conflicts, it contributes to violent crime and the proliferation of sensitive technology, and stocks the arsenals of terrorists, drug cartels, and other armed groups, which tends to have abysmal consequences. Many countries are willing to aid radical groups in terms of arms and weaponry, such as the US, UK, France, Germany, Netherlands and Saudi Arabia. Their secretive contribution to such groups accumulates to the many problems developing countries face such as poverty. 10
Major parties involved and their views The Arab states of the Persian Gulf These are Bahrain, Qatar, Kuwait, Saudi Arabia, Iraq, Oman and the United Arab Emirates. These countries have been increasing their military spending and arms procurement. Inquiries as to whether there may be any possibility of increasing the power of the military, have been brought forward. Saudi Arabia and the United Arab Emirates have taken the top positions in the region regarding the military expenditure and arms imports, while Iraq has been allegedly facilitating and taking part in arms transfer to Syria, and the rest of the Gulf is greatly involved in arms dealing. The fact that the transparency in the trade of armaments is so low exercises the possibility of harm to society. Syria Syria was ruled under national state of emergency for almost five decades, during which various state security forces employed arbitrary arrest and detention without trial and committed serious human rights violations. Many of these violations were consequence of the presence of arms in the region, despite the UN embargo which prohibits all member states to supply weapons to syria. Colombia It is considered a major venue for arms trafficking to the Revolutionary Armed Forces of Colombia (FARC). The situation in this country has greatly been affecting its civilians, who live in a permanent state of fear and insecurity, aggravated by the fact that weapon possession is permitted and common. Many of these arms are of illicit origin, which constitutes another problem in the region, high flows of illegal transfers. Afghanistan The government has increased its share in arms imports, and there is a major concern with paramilitary groups and organizations such as the Taliban and Hezb-i-Islami having access to weapons illegally, particularly in the border with Pakistan and Iran. 11
China The People s Republic of China ranks as the fifth largest arms exporter in the world, exporting mainly to Pakistan, Morocco, Sudan and Venezuela. It is also one of the world s major importers and has adopted the policies of the UN Programme of Action on small arms and light weapons (UNPoA). The country has abstained from the vote on the 2013 ATT. However, their strict control on export and import does not affect stability of the region. Egypt Main importer of weapons from the USA, as well as recipient of financial aid for military purposes. The country has been a route for illegal arms transfers since 2002, and the situation became aggravated after the change in the Libyan regime in 2011. North Korea North Korea is under an arms embargo since 2006 on all arms and related materials. It ranks last on the Transparency Barometer. The country has reportedly been exporting weapons to Syria, and China is its main trading partner. Russian Federation It is the second major conventional weapon supplier, having control of 26% of the world market. The country has abstained from voting the ATT and has one of the lowest ranks in the Transparency Barometer. United States of America It is the number one global arms exporter, holding 30% of the market, and is one of the ten major arms importers as well. The country voted in favor of the ATT. The current government is reportedly preparing to approve multi-million dollar sales to Saudi Arabia and Bahrain. Organization of American States Under Mexican and Colombian leadership, discussions began in 1996 on a convention to address the growing problem of illegal weapons trafficking and its links with narcotic trafficking and international crime syndicates. The US lent its support and in a remarkably 12
short time the Inter-American Convention Against the Illicit Manufacturing of Trafficking in Firearms, Ammunition, Explosives and Other Related Materials was completed and signed by 29 States in November 1997. The United Nations Office for Disarmament Affairs (UNODA) The United Nations ODA was established in January 1998 as the department for Disarmament Affairs which was part of the SDG s programme. It provides substantive and organizational support for norm-setting in the area of disarmament through the work of the General Assembly and its First Committee, and provides objective, impartial and up-to-date information on multilateral disarmament issues and activities. Human Rights Watch The organization investigates problematic weapons systems and works to develop and monitor international standards to protect civilians from armed violence. Transparency International It is a non-profit organization based in Berlin, Germany. Its main purpose is to combat corruption and to prevent criminal activities arising from corruption. It publishes various reports and issues such as Corruption Perception Index and Global Corruption Report. 13
Timeline of important events/documents Ayacucho Declaration, December 1974 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to have Indiscriminate Effects, December 1983 UNODA is established, January 1988 International Code of Conduct on Arms Transfers, May 1997 Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials, 1997 European Code of Conduct on Arms Exports, 1998 United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, Report of the United Nations Conference on Illicit Trade in Small Arms and Light Weapons in All Its Aspects, July 2001 Inter-American Convention on Transparency in Conventional Weapons Acquisitions, November 2002 ECOWAS Convention on Small Arms, Light Weapons, their ammunition and other related materials, 2006 Arms Trade Treaty, June 2013, A/RES/68/31 United Nations Sustainable Development Goals are set, September 2015 Transparency on armaments resolution, 46/36L A/RES/54/739 A/RES/66/39 A/RES/68/56 A/RES/68/48 A/RES/68/44 A/RES/68/43 14
UN involvement The international community has so far proven disturbingly unable or unwilling to enforce United Nations embargoes that prevent arms flows into areas of conflict. These are often situations in which crucial laws have been consistently violated. Virtually, all measures to regulate arms traffick and to promote transparency have, until very recently, failed to address the issue of small arms and light weapons responsible for most of the casualties in the conflicts between 1980 and 1990. The issue of the global arms trade was first presented on the United Nations agenda in 1962, although to all intents and purposes it remained taboo for the following 25 years. The first UN General Assembly resolution (A/RES/43/75) on arms transfers, was adopted in 1988, and it called on the UN Secretary-General to consider measures for promoting transparency in the transfer of major conventional weapons systems. As a result, a voluntary UN Register of Conventional Arms was established from the beginning of 1992. However, the UN Register covers only the transfer of certain major conventional weapons systems and is aimed at identifying excessive and destabilizing arms build-ups. Following the second Gulf War, President Bush called on the permanent members of the UN Security Council to observe a general code of responsible arms transfers. Disagreements arose, mostly between China and the other four members, on the matter of a global versus a regional approach and on retrospective reporting versus advance consultation on transfers. However, a set of guidelines were adopted, which included agreement to avoid transfers likely to (a) prolong or aggravate an existing armed conflict or (b) increase tension or instability in a region. These talks were suspended by China after the US sold advanced fighter aircraft to Taiwan in 1992 and they have yet to be resumed. The Commission on Crime Prevention and Criminal Justice of the Economic and Social Council (ECOSOC) published a 1997 survey on the regulation of firearms, ammunition and explosives and made recommendations for combating illicit trade of these items. This was followed by a Commission resolution calling for the negotiation of a legally binding international instrument to combat illicit manufacturing and trafficking in firearms, their parts and components and ammunition, on which negotiations began in early 1999. The UN has 15
begun to monitor the effectiveness of various international embargoes on the transfer of weaponry into areas of conflict. The commission noted the absence of treaties or international controls governing the proliferation of small arms, as there are for some other weapons and called on supplier States not to transfer such arms to non-state entities or private businessmen. 16
Possible Solutions The problem of finding effective and permanent solutions lies in the fact that the flow of arms is incredibly difficult to regulate. It could be of use to find out where the armaments come from. As they are manufactured by privately owned companies, restrictions such as embargoes, quotas and tariffs, could be implemented. This could halt the continuous production of weapons. However, embargoes are only as good as their implementation and enforcement, which is why further work on this matter could have a massive impact on illicit trading. Besides this, limiting the trade between conflict regions is the primary objective that needs to be achieved. When arms get in the wrong hands through weak control of firearm ownership, weapon management, and misuse by authorized users of weapons, the results can be disastrous, especially in an already established conflict region. Because so much of the light weapons trade begins as legal transfers but ends up as illicit trafficking, the role of national governments in tightening and enforcing export regulations would be of crucial importance. In particular, there should to be more effective coordination of both national policies and the efforts of different law enforcement agencies. Currently, huge variations exist between countries regarding what types of arms may be sold, domestically and abroad, and which types of weapons require export licenses. Moreover, the marking of weapons is a very useful tool that will increase the accountability of governments whose weapons turn up in areas of armed conflict, even if they did not export these arms directly to the parties to the conflict. Another measure could be extending the scope of the existing UN Register of Conventional Arms Transfers to cover small arms and light weapons, beginning with specific weapons. Furthermore, states can engage and coordinate their arms control practices with each other and also be willing to domestically implement international commitments to enhance global control on arms. 17
List of Sources International Committee of the Red Cross. Arms availability and the Situation of Civilians in Armed Conflict. <https://www.icrc.org/eng/assets/files/other/icrc_002_0734_arms_availability.pdf> United Nations Office for Disarmament Affairs. Disarmament Treaties Database. <http://disarmament.un.org/treaties/> United Nations Office for Disarmament Affairs. Inter-American Convention on Transparency in Conventional Weapons Acquisitions. <http://disarmament.un.org/treaties/t/iac_transparency> United Nations Sustainable Development Goals. Goal 16, Peace, Justice and Strong Institutions. <http://www.un.org/sustainabledevelopment/peace-justice/> United Nations. Arms Trade Treaty. <https://unoda-web.s3- accelerate.amazonaws.com/wp-content/uploads/2013/06/english7.pdf> United Nations Human Rights Council. Arms Transfers and Human Rights: The Impacts on Regions of Conflict. <https://www.ufrgs.br/ufrgsmun/2013/wp- content/uploads/2013/10/arms-transfers-and-human-rights-the-impacts-on- Regions-in-Conflict.pdf> United Nations General Assembly. Resolutions of the 68th session. <http://www.un.org/en/ga/68/resolutions.shtml> Human Rights Watch. State Responsibility in the Arms Trade and the Protection of Human Rights <https://www.hrw.org/news/1999/02/17/state-responsibility-armstrade-and-protection-human-rights> Human Rights Watch. Arms. <https://www.hrw.org/topic/arms> 18
United Nations. Illicit small arms trade in Africa fuels conflict, contributes to poverty, stalls development, say speakers on second day of UN review conference. <http://www.un.org/press/en/2006/dc3032.doc.htm> Kluwer Arbitration Blog. A Step toward Greater Transparency: The UN Human Rights Watch. Arms Trade. <https://www.hrw.org/tag/arms-trade> Transparency Convention. <http://kluwerarbitrationblog.com/2015/03/30/a-steptoward-greater-transparency-the-un-transparency-convention/> Stockholm International Peace Research Institute. The UN s small arms and light weapons control agenda takes a (very) small step forward. <https://www.sipri.org/commentary/blog/2016/uns-small-arms-and-light-weaponscontrol-agenda-takes-very-small-step-forward> Stockholm International Peace Research Institute. Developments in 2016. <https://www.sipri.org/node/3972> Stockholm International Peace Research Institute. Arms Embargoes. <https://www.sipri.org/databases/embargoes> 19