Issued by
OHCHR
Deadline
15 October 2024
In resolution 53/15, the Human Rights Council (HRC) requested the High Commissioner to prepare a report on gaps and future steps on the role of States and the private sector in preventing, addressing, and mitigating the negative human rights impact of arms transfers, including the diversion of arms and unregulated or illicit arms transfers, to be presented to the Council at its fifty-eighth session.
The following questionnaire aims to assist Member States, civil society, and other relevant actors in providing information and inputs for the above-mentioned report.
As an aide-mémoire to stakeholders in the preparation of contributions, the following summarizes the relevant resolutions of the HRC and OHCHR reports mandated by those resolutions. These documents provide guidance on human rights impacts of arms transfers, and the role of States and the private sector, as provided for by international law and standards, to prevent, mitigate and address the human rights impacts of arms transfers:
The HRC has passed resolutions 24/35, 32/12, 41/20, 47/17, and 53/15 on the impact of arms transfers and human rights (in addition, the Human Rights Council has also mandated human rights mechanisms to examine the issue of arms transfers, see resolution 55/28).The resolutions express concern over the negative impacts resulting from arms transfers, such as serious human rights violations and abuses resulting from or facilitated by the diversion of arms and unregulated or illicit arms transfers, and their multiplier effect on human rights abuses and violations. They also highlight the negative impacts that transfers can have on the enjoyment of rights by women, children and youth, the elderly, persons with disabilities and vulnerable groups. The resolutions also express concern over the humanitarian, development, and socioeconomic consequences of such transfers and that they can exacerbate armed conflicts and violence. Lastly, the HRC has noted the close link between ownership and use of arms with specific dynamics of control, power, domination, and strength, and that the misuse of arms can cause and perpetuate gender-based violence, emphasising the importance of addressing gendered root causes of violence.
The resolutions also refer to the obligations of States under international law, highlighting that all efforts should be made to prevent and cease all violations and abuses of international human rights law (IHRL) and all violations of international humanitarian law (IHL) resulting from arms transfers. They urge States to refrain from transferring arms when there is a clear risk that such arms might be used to commit or facilitate serious violations or abuses of IHRL or serious violations of IHL. They also highlight the importance of preventing, mitigating, and addressing the negative human rights impacts of the diversion of arms and unregulated or illicit arms transfers including by adopting a human rights approach to arms transfer governance. In addition to recalling the obligations States under international law, the resolutions have also recalled the role of businesses and the Guiding Principles on Business and Human Rights (UNGPs).
In four of its resolutions, the Human Rights Council mandated OHCHR to prepare reports on various aspects related to the human rights impacts of arms transfers:
In its first report (A/HRC/35/8), OHCHR addressed the general impacts of arms transfers on the enjoyment human rights, noting that the proliferation of arms, their diversion, the illicit or unregulated arms transfers, and transfers to States with insufficient regulation, may contribute to serious violations and abuses of civil, political, economic, social, and cultural rights. The report recommends elements to assess the relationship between arms transfers and human rights, including in human rights risk assessments of arms transfers, and measures to ensure that national bodies involved in arms transfer decision-making processes have the capacity to carry out such assessments. The report also stresses the importance of the systematic collection of information on the transfer and use of arms.
In its second report (A/HRC/44/29), OHCHR addressed the impact of the diversion of arms and unregulated or illicit arms transfers on the human rights of women and girls. The report noted that diversion of arms and unregulated or illicit arms transfers fuel the commission of gender-based violence against women and girls and impact their enjoyment of all human rights. It highlights that addressing this impact requires understanding of the gendered root causes of violent behaviour and accentuates the preventive potential of bringing about change in gender norms and attitudes. The report builds on previous recommendations made, including on human rights impact assessments, and also recommends States to promote the participation of women in all arms control and disarmament processes and forums, including at global disarmament meetings.
In its third report (A/HRC/51/15), OHCHR addressed good practices, lessons learned, and challenges faced by States in preventing, mitigating and addressing the diversion of arms and unregulated or illicit arms transfers that have a particular impact on the enjoyment of human rights by children and youth, and the role of national control systems as effective mechanisms in that regard. The report noted that the diversion of arms and unregulated and illicit arms transfers can result in a broad range of violations and abuses and are conducive factors for the commission of acts of violence against children and youth. The report recommends, among others, that States adopt a human rights-based approach to arms transfer governance based on participation, accountability and the rule of law, and equality and non-discrimination. It recommends several measures to equip national control systems with the necessary institutional capacity to implement their due diligence obligations and contains recommendations to States and businesses to ensure the implementation of the UNGPs.
In its last report (A/HRC/56/42), OHCHR addressed the role of access to information in preventing, mitigating, and addressing the negative human rights impacts of arms transfers. The report affirmed the right of access to information under international human rights law and its applicability to information related to arms transfers. It also examined the practice by States of proactive publication of information, as well as granting access to information upon request. It expressed concern that the sum of information made available by States often is insufficient to prevent and ensure accountability for the negative human rights impacts of with arms transfers. Available information on business practice suggests that the business sector generally does not voluntarily disclose sufficient information related to arms transfers. The report recommends that States make sufficient information publicly available in accessible formats, in order to ensure public oversight on arms transfers. In particular, it notes the importance of making available disaggregated and identifiable information on approved licences, rejected licence requests, actual arms exports, the authorized end user and authorized end use; and disclosing risk assessment criteria and risk assessments related to international human rights law and international humanitarian law. It recommends businesses to take active steps to publicly report on the potential adverse human rights impacts associated with their operations and preventive or mitigating measures taken in that respect, in line with the UNGPs.
Unless requested otherwise, the information provided may be made available on the OHCHR website (www.ohchr.org).
Welcome to the United Nations 
OHCHR 
