Arms Trade Treaty
Encyclopedia
The Arms Trade Treaty is the name of a potential multilateral treaty that would control the international trade of conventional firearms. The treaty is in the preliminary stages of development and has not yet been officially negotiated.
adopted resolution 61/89 “Towards an Arms Trade Treaty: establishing common international standards for the import, export and transfer of conventional arms”.
24 countries abstained: Bahrain, Belarus, China, Egypt, India, Iran, Iraq, Israel, Kuwait, Laos, Libya, Marshall Islands, Nepal, Oman, Pakistan, Qatar, Russia, Saudi Arabia, Sudan, Syria, UAE, Venezuela, Yemen, and Zimbabwe. The United States of America voted against the resolution.
Several countries provided explanations of vote: Jamaica, Cuba, Venezuela, China, India, Iran, Algeria, Libya, Russian Federation, Israel, Pakistan, and Costa Rica.
Responding to procedural concerns that were not resolved before the final draft of the resolution, the UK said the aim of the initiative is to start a discussion on the feasibility and draft parameters of an ATT and that those “agnostic” states will have a clear opportunity to engage in the process. After the vote, Algeria indicated that the effort must receive broad-based support from states and be based on the principles of the UN Charter.
as a global arms exporter, any such treaty would have limited relevance without its participation. Ratification would require passage by a 2/3 majority of the U.S. Senate in addition to presidential approval, which is rendered unlikely by opposition from gun rights groups such as the National Rifle Association
, who claim that the treaty is an attempt to circumvent the Second Amendment
and similar guarantees in state constitutions in order to impose domestic gun regulations. Advocates of the treaty claim that it only pertains to international arms trade, and would have no effect on current domestic laws, citing the fact that the Supreme Court has held in Reid v. Covert
(1957) that international treaty obligations which contradict the Constitution are null and void within the US legal system. However, the Court has thus far identified only one specific circumstance where the Second Amendment applies: possession of a handgun within one's own residence. So the holding in Reid may not be relevant for treaties restricting other common firearms activities such as target shooting, hunting, and the carrying of firearms in public places that have not yet been ruled to fall under the Second Amendment.
As of September 14, 2011, 58 US Senators (45 Republicans and 13 Democrats) have expressed their opposition to the Treaty. As this group comprises far more than 1/3 of the Senate, it is sufficient to block ratification of the treaty by the United States.
, Oxfam
and the International Action Network on Small Arms (who lead the Control Arms Campaign
) have developed analysis on what an effective Arms Trade Treaty would look like.
It would ensure that no transfer is permitted if there is substantial risk that it is likely to:
Loopholes would be minimized. It would include:
It must be workable and enforceable. It must:
NGOs are also advocating that the Arms Trade Treaty must reinforce existing responsibilities to assist survivors of armed violence, as well as identify new avenues to address suffering and trauma. Other NGOs have concerns about the treaty violating the human right of self-defense, infringing on the sovereign rights of citizens of countries like the U.S. and otherwise limiting rights.
(Preparatory Committee) leading up to a negotiating conference in 2012. At the insistence of the United States, the negotiating conference must agree on the treaty text by consensus, casting doubt on whether UN member states will be able to develop text that is strong enough to be effective.
Origins
Initially put forward in 2003 by a group of Nobel Peace Laureates led by Oscar Arias, it was first addressed in the UN in December 2006 when the UN General AssemblyUnited Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
adopted resolution 61/89 “Towards an Arms Trade Treaty: establishing common international standards for the import, export and transfer of conventional arms”.
Development
Resolution 61/89 requested the UN Secretary-General to seek the views of Member States on the feasibility, scope and draft parameters for a comprehensive, legally binding instrument establishing common international standards for the import, export and transfer of conventional arms, and to submit a report on the subject to the General Assembly at its sixty-second session. 94 States submitted their views, which are contained in the 2007 report A/62/278.Support from Member States
153 Member States voted in favour of Resolution 61/89. UK Ambassador John Duncan formally introduced the resolution in First Committee on October 18, 2006, speaking on behalf of the co-authors (Argentina, Australia, Costa Rica, Finland, Japan, and Kenya). On behalf of the EU, Finland highlighted the support for the effort when it said, “everyday, everywhere, people are affected by the side effects of irresponsible arms transfers... As there is currently no comprehensive internationally binding instrument available to provide an agreed regulator framework for this activity, the EU welcomes the growing support, in all parts of the world, for an ATT.”24 countries abstained: Bahrain, Belarus, China, Egypt, India, Iran, Iraq, Israel, Kuwait, Laos, Libya, Marshall Islands, Nepal, Oman, Pakistan, Qatar, Russia, Saudi Arabia, Sudan, Syria, UAE, Venezuela, Yemen, and Zimbabwe. The United States of America voted against the resolution.
Several countries provided explanations of vote: Jamaica, Cuba, Venezuela, China, India, Iran, Algeria, Libya, Russian Federation, Israel, Pakistan, and Costa Rica.
Responding to procedural concerns that were not resolved before the final draft of the resolution, the UK said the aim of the initiative is to start a discussion on the feasibility and draft parameters of an ATT and that those “agnostic” states will have a clear opportunity to engage in the process. After the vote, Algeria indicated that the effort must receive broad-based support from states and be based on the principles of the UN Charter.
Group of Governmental Experts
Resolution 61/89 also requested the Secretary-General to establish a group of governmental experts, on the basis of equitable geographical distribution, to examine the feasibility, scope and draft parameters for such a legal instrument, and to transmit the report of the group of experts to the Assembly for consideration at its sixty-third session. On 28 September 2007 the Secretary General appointed a Group of Governmental Experts from the following 28 countries: Algeria, Argentina, Australia, Brazil, China, Colombia, Costa Rica, Cuba, Egypt, Finland, France, Germany, India, Indonesia, Italy, Japan, Kenya, Mexico, Nigeria, Pakistan, Romania, Russian Federation, South Africa, Spain, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland, and United States. The GGE met three times in 2008 and its final report has now been made public, to be submitted by the Secretary-General to the General Assembly in Fall 2008.U.S. overturns former position
The Obama administration's decision was announced in a statement released by Hillary Clinton and the State Department on October 14, 2009, overturning the position of former President George W. Bush's administration, which had opposed such a treaty on the grounds that national controls were better. The shift in position by the U.S., the world's biggest arms exporter with a $55 billion-a-year trade in conventional firearms (40 percent of the global total), led to the launching of formal negotiations at the United Nations in order to begin drafting the Arms Trade Treaty. Secretary of State Hillary Clinton said in a statement the U.S. would support the negotiations on condition they are “under the rule of consensus decision-making needed to ensure that all countries can be held to standards that will actually improve the global situation.” Clinton said the consensus, in which every nation has an effective veto on agreements, was needed “to avoid loopholes in the treaty that can be directly exploited by those wishing to export arms irresponsibly.”Opposition in the United States
Given the predominant position of the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
as a global arms exporter, any such treaty would have limited relevance without its participation. Ratification would require passage by a 2/3 majority of the U.S. Senate in addition to presidential approval, which is rendered unlikely by opposition from gun rights groups such as the National Rifle Association
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
, who claim that the treaty is an attempt to circumvent the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
and similar guarantees in state constitutions in order to impose domestic gun regulations. Advocates of the treaty claim that it only pertains to international arms trade, and would have no effect on current domestic laws, citing the fact that the Supreme Court has held in Reid v. Covert
Reid v. Covert
Reid v. Covert, , is a landmark case in which the United States Supreme Court ruled that the Constitution supersedes international treaties ratified by the United States Senate...
(1957) that international treaty obligations which contradict the Constitution are null and void within the US legal system. However, the Court has thus far identified only one specific circumstance where the Second Amendment applies: possession of a handgun within one's own residence. So the holding in Reid may not be relevant for treaties restricting other common firearms activities such as target shooting, hunting, and the carrying of firearms in public places that have not yet been ruled to fall under the Second Amendment.
As of September 14, 2011, 58 US Senators (45 Republicans and 13 Democrats) have expressed their opposition to the Treaty. As this group comprises far more than 1/3 of the Senate, it is sufficient to block ratification of the treaty by the United States.
Advocated contents
International non-government and human rights organisations including Amnesty InternationalAmnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, Oxfam
Oxfam
Oxfam is an international confederation of 15 organizations working in 98 countries worldwide to find lasting solutions to poverty and related injustice around the world. In all Oxfam’s actions, the ultimate goal is to enable people to exercise their rights and manage their own lives...
and the International Action Network on Small Arms (who lead the Control Arms Campaign
Control Arms Campaign
Control Arms is a campaign jointly run by Amnesty International, IANSA and Oxfam International.The campaign focuses on the international trade in arms, arguing that the lack of controls on the arms trade is fuelling armed conflict, poverty and human rights abuses worldwide.The campaign seeks to...
) have developed analysis on what an effective Arms Trade Treaty would look like.
It would ensure that no transfer is permitted if there is substantial risk that it is likely to:
- be used in serious violations of international human rights or humanitarian law, or acts of genocide or crimes against humanity;
- facilitate terrorist attacks, a pattern of gender based violence, violent crime or organised crime;
- violate UN Charter obligations, including UN arms embargoes;
- be diverted from its stated recipient;
- adversely affect regional security; or
- seriously impair poverty reduction or socioeconomic development.
Loopholes would be minimized. It would include:
- all weapons—including all military, security and police arms, related equipment and ammunition, components, expertise, and production equipment;
- all types of transfer—including import, export, re-export, temporary transfer and transhipment, in the state sanctioned and commercial trade, plus transfers of technology, loans, gifts and aid; and
- all transactions—including those by dealers and brokers, and those providing technical assistance, training, transport, storage, finance and security.
It must be workable and enforceable. It must:
- provide guidelines for the treaty’s full, clear implementation;
- ensure transparency—including full annual reports of national arms transfers;
- have an effective mechanism to monitor compliance;
- ensure accountability—with provisions for adjudication, dispute settlement and sanctions;
- include a comprehensive framework for international cooperation and assistance.
NGOs are also advocating that the Arms Trade Treaty must reinforce existing responsibilities to assist survivors of armed violence, as well as identify new avenues to address suffering and trauma. Other NGOs have concerns about the treaty violating the human right of self-defense, infringing on the sovereign rights of citizens of countries like the U.S. and otherwise limiting rights.
Next Steps
In 2009 UN member states, led by the UK and co-authors including Australia, endorsed a resolution to negotiate the Arms Trade Treaty (ATT), “a legally binding instrument on the highest possible common international standards for the transfer of conventional arms”. The Treaty is to be negotiated in a series of PrepcomPrepcom
The Preparatory Committee for an Arms Trade Treaty, known as Prepcom, will meet a total of four times; they have already met twice. The first Prepcom occurred from July 12 to July 23, 2010 at the United Nations in New York City. The second Prepcom occurred from February 28 to March 4, 2011 also in...
(Preparatory Committee) leading up to a negotiating conference in 2012. At the insistence of the United States, the negotiating conference must agree on the treaty text by consensus, casting doubt on whether UN member states will be able to develop text that is strong enough to be effective.
External links
- Arms Trade Treaty Information at the United Nations Office of Disarmament Affairs
- “Proposed Arms Trade Treaty now in the hands of 28 government experts” OxfamOxfamOxfam is an international confederation of 15 organizations working in 98 countries worldwide to find lasting solutions to poverty and related injustice around the world. In all Oxfam’s actions, the ultimate goal is to enable people to exercise their rights and manage their own lives...
International - Blog site for John Duncan, Ambassador for Multilateral Arms Control & Disarmament
- Official website for the UK Mission on Arms Control and Disarmament in Geneva
- Twitter: Follow John Duncan, Ambassador for Multilateral Arms Control & Disarmament