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PGA Sends Delegation of Prominent Legislators to the 4th ATT PrepCom

PGA Sends Delegation of Prominent Legislators to the 4th ATT PrepCom

February 14, 2012 | Permanent Mission of Sri Lanka to the United Nations

In her welcoming remarks Ms. Shazia Rafi, PGA Secretary-General recalled PGA's past extensive work in the disarmament arena in general, in particular in the context of the Nuclear Non-Proliferation Treaty and Comprehensive Test Ban Treaty, working closely with both Argentina and Mexico, among others at this time. Ms. Rafi also reflected on the more recent work of PGA Members in addressing the illicit trade in Small Arms and Light Weapons, both at the UN and regionally, in particular visa-a-vis the ECOWAS region.

She thanked the participants and in specific the keynote speaker and Chair of the Arms Trade Treaty Preparatory Committee H. E. Ambassador Roberto García Moritán for their interest in PGA’s side event, and the Permanent Mission of Sri Lanka to the United Nations for hosting this event and for showing one more time their support of the timely topic, after having hosted PGA's 33rd Annual Forum on The Impact of Armed Violence on Development - Issues, Challenges and Parliamentary Solutions in October 2011.

H. E. Ambassador Roberto García Moritán, Chair of the Arms Trade Treaty Preparatory Committee (ATT PrepCom), thanked PGA for the possibility to get in touch with Members or parliament. He explained that the first four weeks of the ATT PrepCom dealt with the substance of the treaty and dwelled about the main challenge in the negotiations which is the very short time available for this politically sensitive and technically complex issue. His personal interpretation is that there was nevertheless the possibility in these weeks to see clearly how states feel about the importance of the issues that will be involved and that will facilitate the conditions of these discussions. Essential elements are parameters and criteria on which member states have to base national decisions on conventional weapons. There is a variety of issues that have to be dealt with like the need to observe UN embargoes. In Amb. Moritan’s opinion every country should have the situation of human rights in mind once it is taking a decision on the weapons that are used to violate those right. The key question is how this treaty is going to be implemented. It is necessary for parliaments to look at national legislations and decide if additional rules will need to be adopted. This will be the heart of the negotiations. Amb. Moritan stated that he is optimistic on how things are evolving. In the beginning there were so many doubts even on the need of an ATT. This better understanding has led all members to have a constructive approach. It is important to know that parliamentarians are following the work of UN members tentatively and are giving advice. He emphasized that he was very happy to listen to Dr. Lahai’s speech at the UN because it underlined the variety of important questions and the need to engage parliamentarians into the negotiations of an ATT.

Ms. Hannelore Hoppe, Director and Deputy to the United Nations High Representative for Disarmament Affairs, dwelled on the fact that the largely unregulated arms trade abets violations of international humanitarian and human rights law, engenders civilian casualties, fuels humanitarian crises and hinders the attainment of the Millennium Development Goals. Although almost all areas of world trade are covered by regulations that bind countries into agreed conduct—yet there is still no global set of rules governing the arms trade. She stressed that Parliamentarians are well placed to bring effective and meaningful change to their countries – and indeed to the world. As representatives of the will of the people, Parliamentarians reflect diverse interests, and translate them into national laws. Even more influential is their role in ratifying international treaties and in enacting legislation and appropriating funds to implement such treaties. Members of Parliament have also an all-important role in holding their governments accountable and ensuring that they abide by their international obligations. In Ms. Hoppe’s opinion, progress towards concluding an arms trade treaty will clearly require strong and sustained support and political commitment from all concerned parties.  Members of Parliament can play an important role in allocating budgets and advocating more involvement in these issues from their governments.  This work is extremely important, given that those suffering most from the poorly regulated arms trade and the proliferation of weapons are civilians—the women and men, adolescents and children who experience blatant misuse of arms, and those living amid conflict and pervasive crime, often in conditions of poverty, deprivation and extreme inequality.

Dip. Margarita Stolbizer, Argentina, explained the long history of Argentina’s commitment for an ATT. Year after year, the Argentine State has reaffirmed its commitment through an active participation in international treaties and campaigns, coherent as well with a regional policy on arms control. Nevertheless, the Argentine plan to collect firearms has had partial success due to the lack of enough resources, reluctance from delegations, and coordination and implementation problems in many jurisdictions. In her opinion, parliamentarians should encourage the opening of this treaty and once opened ensure that States ratify it as soon as possible.  She reminded participants that since 2004, child soldiers have participated actively in armed conflicts in 19 countries or territories, and have swelled the ranks of governmental forces or non-state armed groups. The ATT is essential due to the absence of integral and effective controls in an international framework which lead directly to the increase of levels of violence, and aggravates human rights and humanitarian law violations, The ATT is promoted in a context where the market for weapons has expanded and globalized, and where the differences in degree and application of national and regional norms, generate legal loopholes allowing transfers without any regulation and facilitating deviation of weapons. In Dip. Stolbizer’s opinion, as a bare minimum, the Arms Trade Treaty should establish that no arms or ammunition transfer is authorized if there is substantial risk that those weapons will be used to commit or facilitate the commission of serious violations against international human rights law and international humanitarian law; or if these transfers of weapons will be detrimental to the reduction of poverty or socioeconomic development.

Dr. E.M.S. Natchiappan, MP India reported on PGA’s 33rd Annual Meeting on Armed Violence and Development in Sri Lanka where parliamentarians adopted a concrete Plan of Action, specifically tailored for what legislators, as advocates and lawmakers, can practically do to promote support for the ATT. Since than PGA members have pushed forward intensively with different initiatives, in the real hope that a robust ATT can become a reality by the end of July 2012.  He explained that PGA members also played an important role in drafting the Control Arms Global Parliamentary Declaration on the Arms Trade Treaty, together with the Control Arms Coalition. Come July, it is Control Arms intention to submit this Declaration to the ATT Conference, with a large number of signatures from parliamentarians worldwide indicating their commitment to making a robust ATT a reality. Dr. Natchiappan is aware that India is an important country in the ATT negotiating process and urged all participants not to overlook how MPs - as advocates and lawmakers - and given to their proximity to key government officials - can help make the ATT a meaningful reality.

Dr. Bernadette Lahai, MP Sierra Leone, shared her personal experiences of how, for eleven painful years (1991-2002), as a result of uncontrolled arms trade and transfer, rebels and militias embarked on one of the most savage atrocities against defenseless Sierra Leoneans and their properties ever known and experienced on the continent. Ten years on in 2012, the scars are still visible, despite the tremendous and commendable efforts at disarmament, demobilization, reintegration, resettlement, reconstruction and rehabilitation. It is estimated that 70,000 Ex-combatants were disarmed, demolished and reintegrated. 25, 000 weapons, including millions of rounds of ammunitions, anti-aircraft missiles, anti-tank guided weapon, SA-7 surface-to-air missiles and anti-aircraft guns were turned in during the disarmament. Despite the above, Sierra Leone is still not arms free. It is this tragic history of Sierra Leone that has been a very strong and compelling force for its support, endorsement and participation in the negotiations of the ATT. Sierra Leone speedily adopted, signed and ratified the ECOWAS Convention on the Control of Small Arms and Light Weapons in 2010. Dr. Lahai informed participants that Sierra Leone held a two-day Inter- Agency Synergy Retreat in March 2010, which focused on the need to identify and control the dissemination of small arms and light weapons in the sub-region in particular and the world as a whole on the issue of "Building Effective Partnership and Co-ordination for the Establishment of the Sierra Leone Small Arms and Light Weapons Commission".  In 2003, the Sierra Leone Chapter of the PGA was formed and has since made important contributions towards PGA’s program, especially on small arms and light weapons illicit trade, irresponsible use and control campaigns. That is why the Sierra Leone Parliament supports and has signed the Global Parliamentary Declaration on the ATT. This Declaration is a call on fellow Parliamentarians and other stakeholders to press for a strong ATT agreement that is comprehensive both in scope and application. 

Mr. Thilanga Sumathipala, MP Sri Lanka, informed participants that just prior to PGA’s 33rd Annual Forum in October last year, he tabled a private member's bill in the Sri Lankan Parliament  'establishing a proper control system for the arms trade'. In his opinion, initiatives such as this one can help to focus the attention of governments on issues of arms control. Mr. Thilanga stressed that the executive and legislative branches of a country have a mutually supportive, even symbiotic relationship when it comes to making treaties work in domestic law. Therefore government officials, civil society and legislators must all be included in this negotiation process to be fully aware of the different concerns and nuances that led up to agreement on a particular text and to be able to advocate for the treaty. All different levels of expertise and perspectives have to be brought together in a productive way in this process.

Ms. Margareta Cederfelt, MP Sweden, emphasized that the issue of an ATT is not only a matter for governments but that also parliamentarians are obliged to take part in this process. She explained that in a country such as Sweden which has lived in peace for 200 years the issue of foreign politics and international agreements are not what the citizens in the constituency think of a great deal in their daily life but this is not a reason to stand on the sidelines since we all live in a world where armed violence spills over from one country to another, one region to another. Ms. Cederfelt recalled that Parliamentarians are the ones who actually implement a treaty once a government takes the much easier political decision to become a party to it and it is therefore important for parliamentarians to be involved from the very beginning of the process.

Dr. Yusuf Irbec, MP Turkey, recalled that excessive accumulation and uncontrolled spread of small arms and light weapons pose a significant threat to peace and security as well as to social and economic development of many countries.     Turkey strongly supports international cooperation to combat and eradicate illicit trade in weapons and munitions within the framework of the UN and other fora such as OSCE and Wassenaar Arrangement, as well as NATO. Turkey therefore welcomes the UN General Assembly Decision that envisages the development by the international community of an ATT which would cover a wide range of issues also pertaining to proliferation, uncontrolled accumulation and unauthorized use of small arms and light weapons as well as conventional weapons in general. Dr. Irbec informed participants that parallel to Turkey’s national approach to issues of arms control, disarmament and non-proliferation, Turkey will continue to extend it’s support to international efforts to curb illicit sales of all types of arms. He emphasized one more time that Turkey is committed to actively pursuing a strong and effective treaty that contains the highest possible, legally-binding standards for the international transfer of conventional weapons.

In the Closing Remarks for this PGA Side Event, Mr. Peter Barcroft, Director of Projects and Senior Program Officer of PGA observed that the issue of implementation was very much at the forefront of a number of UN Member State interventions in the PrepCom. This was of particular relevance to PGA, given that it is to Legislators that the task of treaty implementation primarily falls. Mr. Barcroft also alluded to the fact that PGA MPs have participated in all 4 ATT PrepComs which was of particular importance in the context of the continuity of PGA's work in this area.

Report prepared by Ms. Leyla Nikjou, PGA Program Associate, .