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19 March 2001
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New York, 19 March 2001
Preparatory Committee for the UN Conference on
the Illicit Trade in Small Arms and Light Weapons in all its Aspects
Third Session
The human rights impact of small arms and light weapons:
Statement by the Office of the High Commissioner for Human Rights
Mr Chairman,
On behalf of the Office of the High Commissioner for Human Rights, let me begin by thanking you for the opportunity to address the Preparatory Committee today.
Controlling the circulation of small arms and light weapons is a question of human rights. It is clear that the widespread availability of these weapons contributes to the violation of human rights in situations of relative peace. Small arms and light weapons are also the main tools of violence in today’s conflicts: we know that their widespread availability heightens tensions, increases the suffering of civilian victims, and impedes the peaceful resolution of conflicts. We also know that it also contributes to sustaining a post-conflict environment in which violence continues to be tolerated.
Small arms and light weapons are made available to an ever-wider range of actors by all means of transfer and circulation - including civilians - who have little or no training and who are accountable to no one. Through its field experience in countries around the world, OHCHR has witnessed the suffering caused by these weapons on children and women in particular. The Office is especially concerned with the role these weapons continue to play in the recruitment of children as soldiers and arms runners. The Office is also all too aware of the threat that the widespread availability of these weapons poses to humanitarian workers and human rights defenders.
Mr Chairman,
The UN Conference will focus on the illicit trade in small arms and light weapons. But the fact that most illegal weapons in circulation were at some point transferred by government, or with government approval, must be recognised. Governments that fail to effectively regulate the trade in small arms and light weapons and that allow these weapons to end up in the hands of human rights abusers are also failing to fulfil their obligations to respect and ensure respect for international humanitarian law. OHCHR encourages States to recognise the human rights impact of the trade in small arms and light weapons and to accept their responsibilities effectively to regulate this trade.
The international response to the trade in small arms and light weapons should address not only the so-called ‘supply-side’ of the trade in small arms and light weapons. It should also address the root causes that shape the demand for these weapons. Insecurity fuelled by poverty, lack of employment and education opportunities, the absence of effective mechanisms for peaceful resolution of conflicts, the absence of effective independent national human rights institutions and the existence of a culture of impunity – these are all factors that contribute to the ‘demand side’ of the trade. By promoting respect for civil, cultural, economic, political and social rights, States can go a long way to curbing the demand that fuels the trade in small arms and light weapons.
The United Nations human rights system, including the treaty bodies, special rapporteurs and independent experts, can contribute to monitoring respect for human rights criteria that may determine whether an arms transfer is legal or illicit. These mechanisms should also be used to help identify situations which may facilitate the illicit arms trade and for raising awareness of the human rights impact of their widespread availability.
OHCHR strongly urges that any initiatives to combat the illicit trade in small arms and light weapons are undertaken with due consideration for and in full compliance with standards of international human rights law. These initiatives should include:
- The adoption and implementation of national and regional codes of conduct which prohibit the transfer of small arms and light weapons to parties known to routinely violate human rights or international humanitarian law, or who fail to bring to justice those responsible for such violations. Companies involved in supplying arms should develop appropriate codes of conduct to prevent these weapons from being misused to commit human rights or humanitarian law violations;
- The effective implementation and enforcement of arms embargoes imposed on human rights abusers, including through the incorporation of arms embargoes into national legislation and the prosecution of those who violate them;
- Measures to improve transparency in the production, stockpiling and transfer of weapons, both among governments and between governments and their citizens, in order to help document and control their illicit trade;
- The inclusion of disarmament, demobilization and reintegration measures for ex-combatants, based on human rights criteria, in peace agreements; and
- The ratification and implementation by States of international humanitarian law and human rights instruments, including the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
The UN Conference offers an important opportunity for the international community to address the humanitarian impact of the proliferation of small arms and light weapons. OHCHR urges States to take full advantage of this opportunity by sending a strong message that the use of small arms and light weapons to commit human rights abuses - and the failure to prevent such abuses - will not be tolerated.
Thank you.
Preparatory Committee for the UN Conference on
the Illicit Trade in Small Arms and Light Weapons in all its Aspects
Third Session
The human rights impact of small arms and light weapons:
Statement by the Office of the High Commissioner for Human Rights
Mr Chairman,
On behalf of the Office of the High Commissioner for Human Rights, let me begin by thanking you for the opportunity to address the Preparatory Committee today.
Controlling the circulation of small arms and light weapons is a question of human rights. It is clear that the widespread availability of these weapons contributes to the violation of human rights in situations of relative peace. Small arms and light weapons are also the main tools of violence in today’s conflicts: we know that their widespread availability heightens tensions, increases the suffering of civilian victims, and impedes the peaceful resolution of conflicts. We also know that it also contributes to sustaining a post-conflict environment in which violence continues to be tolerated.
Small arms and light weapons are made available to an ever-wider range of actors by all means of transfer and circulation - including civilians - who have little or no training and who are accountable to no one. Through its field experience in countries around the world, OHCHR has witnessed the suffering caused by these weapons on children and women in particular. The Office is especially concerned with the role these weapons continue to play in the recruitment of children as soldiers and arms runners. The Office is also all too aware of the threat that the widespread availability of these weapons poses to humanitarian workers and human rights defenders.
Mr Chairman,
The UN Conference will focus on the illicit trade in small arms and light weapons. But the fact that most illegal weapons in circulation were at some point transferred by government, or with government approval, must be recognised. Governments that fail to effectively regulate the trade in small arms and light weapons and that allow these weapons to end up in the hands of human rights abusers are also failing to fulfil their obligations to respect and ensure respect for international humanitarian law. OHCHR encourages States to recognise the human rights impact of the trade in small arms and light weapons and to accept their responsibilities effectively to regulate this trade.
The international response to the trade in small arms and light weapons should address not only the so-called ‘supply-side’ of the trade in small arms and light weapons. It should also address the root causes that shape the demand for these weapons. Insecurity fuelled by poverty, lack of employment and education opportunities, the absence of effective mechanisms for peaceful resolution of conflicts, the absence of effective independent national human rights institutions and the existence of a culture of impunity – these are all factors that contribute to the ‘demand side’ of the trade. By promoting respect for civil, cultural, economic, political and social rights, States can go a long way to curbing the demand that fuels the trade in small arms and light weapons.
The United Nations human rights system, including the treaty bodies, special rapporteurs and independent experts, can contribute to monitoring respect for human rights criteria that may determine whether an arms transfer is legal or illicit. These mechanisms should also be used to help identify situations which may facilitate the illicit arms trade and for raising awareness of the human rights impact of their widespread availability.
OHCHR strongly urges that any initiatives to combat the illicit trade in small arms and light weapons are undertaken with due consideration for and in full compliance with standards of international human rights law. These initiatives should include:
- The adoption and implementation of national and regional codes of conduct which prohibit the transfer of small arms and light weapons to parties known to routinely violate human rights or international humanitarian law, or who fail to bring to justice those responsible for such violations. Companies involved in supplying arms should develop appropriate codes of conduct to prevent these weapons from being misused to commit human rights or humanitarian law violations;
- The effective implementation and enforcement of arms embargoes imposed on human rights abusers, including through the incorporation of arms embargoes into national legislation and the prosecution of those who violate them;
- Measures to improve transparency in the production, stockpiling and transfer of weapons, both among governments and between governments and their citizens, in order to help document and control their illicit trade;
- The inclusion of disarmament, demobilization and reintegration measures for ex-combatants, based on human rights criteria, in peace agreements; and
- The ratification and implementation by States of international humanitarian law and human rights instruments, including the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
The UN Conference offers an important opportunity for the international community to address the humanitarian impact of the proliferation of small arms and light weapons. OHCHR urges States to take full advantage of this opportunity by sending a strong message that the use of small arms and light weapons to commit human rights abuses - and the failure to prevent such abuses - will not be tolerated.
Thank you.