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Reviewing for the Purpose of Strengthening the PoA on Small Arms

23 Mar

After a week-long session of the Prep Com for the August Review Conference on the Programme of Action (PoA) on small arms discussing thematic issues such as international assistance and cooperation, follow-up mechanisms, and the International Tracing Instrument (ITI), member states must now channel their efforts towards concrete preparations for a successful second Rev Con in just over five months time. A key discussion among member states on Thursday was determining what exactly the mandate of the forthcoming Rev Con stipulates—to review progress made on the implementation of the PoA or to also strengthen its implementation in addition to reviewing it. The discussion over what on the surface may seem to be a small difference in wording is critical to the long-term success of the PoA and, ultimately, combating the deadly effects of the illicit trade in small arms and light weapons (SALWs).  This distinction is also crucial to the formal small arms review process at large. Reviewing and strengthening cannot be decoupled activities as they both, in tandem, contribute to controlling the spread of illicit SALWs.

The discussion initiated around wording contained in the introductory paragraph of the Draft Report describing the mandate of the forthcoming Rev Con. The discussion began when the representative of Algeria stated that the mandate of the Prep Com does not explicitly include a reference to strengthening or enhancing the PoA and, therefore, member states should only consider the strengthening task if the mandate explicitly indicates this function. A solution was found by including the direct quotation from General Assembly resolution 66/47, which states: “…at the second review conference, to review progress made in the implementation of the Programme of Action, and, subject to the agenda of the conference to be agreed by the preparatory committee, encourages them to explore ways to strengthen its implementation…”

Although a way was found to move forward on the Draft Report, the larger question of ‘reviewing’ versus ‘strengthening’ deserves more attention.  Concerns by members states over expanding the PoA, such as seeking coverage for ammunition or to make it a legally-binding instrument, is a separate and potentially larger and more animated conversation. Furthermore, reviewing implementation of the PoA is not an end in and of itself and, therefore, cannot be conducted in a vacuum. The review process must serve a larger goal—the goal of strengthening implementation of the PoA’s provisions in national contexts so that all member states, in the context of their individual national constraints and unique needs, can more robustly prevent, combat, and eradicate the illicit trade in SALWs.  As was stated many times by delegations over the course of the week, particularly during the debate on international assistance and cooperation, the Rev Con and relevant meetings (including possible future MGEs) should serve as forums to review PoA implementation in order to better exchange information and views on best practices and lessons learned to strengthen its implementation.

The concern of some states that the PoA will ‘overstep’ its bounds and become a different type of instrument, whether due to its shifting legal status or its expanded scope, is a valid one that merits a robust and productive discussion among diplomats. Although there were calls this week by some delegations to have ammunition included in the PoA and ITI, there was clearly no consensus on this issue. Moreover, this Prep Com was not necessarily the appropriate forum for vetting such proposals given the time constraints and the distinct mandate to prepare the agenda for the August Rev Con. As such, as it stands now, the work of the upcoming Rev Con must focus on improving and strengthening what already exists in the PoA and ITI—a strong set of provisions and comprehensive frameworks at the national, regional, and international levels for eradicating the illicit trade in SALWs.

The hope is that the PoA would at some point become a legally-binding instrument or that it might also include ammunition such that the multi-dimensional, disastrous consequences of the illicit trade in SALWs would be more effectively prevented. Advocating for an expansion of the PoA is important and should not be overlooked in the Rev Con. Nonetheless, this ‘separate, but equal’ debate should not cloud the purpose and mandate of the August Rev Con, which is to review progress made in implementing the PoA in order to identify ways in which member states can strengthen their national implementation practices and better prevent the illicit trade in SALWs.

–Katherine Prizeman

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Prioritizing the UNPoA on small arms

14 Mar

As member states gather next week for the Preparatory Committee for the August Review Conference to assess progress made on the implementation of the Programme of Action on Small Arms and Light Weapons (PoA), there is much work to be done on evaluating the ‘successes’ and ‘failures’ of implementation of the PoA and the separately adopted International Tracing Instrument (ITI). As more than a decade has passed since the adoption of the PoA in 2001, member states must be serious about using 2012’s forums—the Prep Com as well as the Review Conference—to thoughtfully and thoroughly identify where weaknesses remain in the implementation of the PoA and promote strong and transparent measures to address these weaknesses through information exchange, international assistance, and solid reporting measures. The PoA offers the unique opportunity to tackle an issue that affects all member states—whether as manufacturer or importer of arms, in post-conflict or conflict-laden societies, or as supplier or consumer.

Following a very successful Meeting of Governmental Experts (MGE) in May 2011 under the leadership of Ambassador Jim McLay of New Zealand, member states must now fight the ‘negotiating fatigue’ that is sure to be a factor this year with the PoA Review Conference held just a few weeks after the month-long ATT Negotiating Conference in July. It is significant to highlight that the MGE was both a success for the PoA and a breakthrough achievement for arms-related processes on the whole as it was the first of its kind. The hope is that this type of meeting will be institutionalized and made to repeat in the PoA process and perhaps other arms control processes as well. The technical discussions held among national implementers who directly apply these methods in their capitals was a true value added as member states could share best practices and lessons learned in marking, tracing, and record keeping with regards to the PoA and the ITI. It is hoped that this positive momentum will be carried through into next week’s Prep Com, now under the able leadership of Nigeria’s Ambassador U. Joy Ogwu.

The importance of the PoA ‘blueprint’ for international, regional, and national action on preventing, combating, and eradicating the illicit trade in small arms and light weapons (SALWs) cannot be understated. It important to note, as has been pointed out by many in the diplomatic and civil society communities, that the PoA lays the groundwork for drying up existing stockpiles of weapons as well as those weapons already in circulation, something that the hoped-for, future ATT will not have the ability to do. Therefore, it is crucial that the PoA be robustly supported in concert with the current work on the ATT. It is critical that this Prep Com—in addition to the Review Conference—be prioritized as an important opportunity for progress on the PoA’s implementation. Moreover, as the PoA is a non-legally binding document that lacks clear benchmarks for success, it is vital that member states use the Prep Com as a means of evaluation to push forward implementation mechanisms in the most vigorous way possible. Furthermore, it is imperative that member states discuss a wide expanse of SALW-related issues in evaluating the illicit trade, including border controls, ammunition, intermediary brokers, and civil society cooperation in addition to the technical aspects of marking, tracing, and record keeping in order to improve implementation. These issues provide a valuable context for devising a comprehensive strategy for the control, prevention, and eradication of trade in SALWs, but also a strategy that is realistic in its implementation related expectations.

A key element of the success of the PoA, and thus also of tracking the progress on implementation, is honest and reliable reporting—something that is still starkly lacking among many member states. More than thirty member states have never submitted a report and others have only done so once or twice over the 11-year period since the PoA’s adoption. Although many states are, in fact, implementing the lion’s share of PoA undertakings, the lack of official and comprehensive reporting makes for a difficult process of analysis of progress made, which is the very goal of this Prep Com and subsequent Review Conference. National reports allow for better matching of needs and resources so that adequate international assistance can be provided to those states that need support in adopting measures in line with the PoA commitments. As such, it is important that this Prep Com encourage those states that have been remiss in their reporting duties to recommit to doing so. Moreover, the lack of benchmarks and of a formal monitoring system is often perceived as a major weakness of the PoA. Improvements in national reporting would certainly help curb the negative implications of the limited oversight mechanisms that exist within the PoA framework as well as help generate greater public awareness around the small arms process.

Illicit trafficking in SALWs is at the forefront of minds this year as many in the diplomatic community are set to tackle this issue through both the PoA and ATT processes. It would be wise to bear in mind the distinctive importance of the PoA in addressing the current challenges of communities awash in weapons and suffering severely from armed violence and other abuses committed at gun point. Illicit SALWs are a true blight on the security of communities by limiting and often preventing the ability to create and sustain a robust security sector with implications for the participation of women, the education of children, and much more. Building on the positive energy of the MGE, the Prep Com must continue its work of evaluating where weaknesses in implementation exist and, in turn, providing the support and pressure necessary to fill those gaps.

–Katherine Prizeman

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UN discusses the Role of Women as Mediators

13 Mar

The theme of the role of women as mediators was in air around the UN, in the latter part of last week, with two back-to-back meetings addressing this topic. The missions of the UK and Portugal hosted the Arria Formula, while the Mission of Finland and the UN Department of Political Affairs hosted roundtable workshop to discuss guidance for effective mediation, based on Resolution 65/283 on Strengthening the Role of Mediation in Peaceful Settlement of Disputes, Conflict Prevention and Resolution.

As the first panelist to present at the Arria Formula, Minister Betty Bigombe, drawing from her experiences from Uganda with the LRA, addressed common excuses often surrounding lack of women’s participation, such as women are too emotional to handle war lords or they are constrained by family obligations. She also addressed the limited political will of governments and regional organizations to increase women’s ability to participate in mediation. Involving women early in the process is necessary in the overall design of the rules of procedure as a way of ensuring their participation in the process is effective.

Turning the focus a broader gender theme, SG Special Adviser on Yemen, Jamal Benomar, stressed women’s human rights are not subject to compromise, and that both men and women mediators need to promote UN standards and norms, and both have an obligation to ensure gender expertise is mobilized. The last panelist was President of the Aceh Women’s League Shadia Marhaban, who spoke based on her experience from the Aceh Peace talks. Ms. Marhaban noted the lack of psychological support available to her, and recommended that mediators get briefed from women’s organizations to make sure that the gender expertise is available to negotiating teams.

The NGO Working Group on Women, Peace and Security opened a round of questions, asking the panel for recommendations on how women’s issues can become nonnegotiable, while Canada, as Chair of the Group of Friends of Women, Peace, and Security, asked the panel to rank the top three practical steps for the international community to take to increase women’s participation. Recommendations from the panelists included government accountability; more involvement by regional organizations; training available to both men and women mediators; and better coordination between member states and women’s organizations.

Security Council Member States also took the floor, with Pakistan noting that peace agreements are a great place to begin promoting the role of women as mediators, while France encouraged the Secretariat to appoint more women mediators because the UN itself needs to set a better example of including women mediators. Finally, Morocco noted the limited amount of women representatives in the Security Council, while the US encouraged more collaboration with the civil society members to create a group of qualified women mediators, ready to be sent to missions.

Touching upon the themes and recommendations of the Arria Formula, the roundtable discussion held at the Finnish Mission focused more on the challenges of the process, from how to include women in mediation to the lack of political will, among many others. Emphasis was placed on laying out a good process for integrating more women in mediation roles/processes. A task simpler in theory than it is in practice, some of the practical steps identified to achieve it include- positioning gender issues so as to make them more political; addressing the fear of failure and defeat found among many women in their hesitations to take on the mediation challenge; and empowering women to enter in diplomacy. Discussion also revolved around the standard of evaluation for men mediators versus women mediators, and the tendency to set the standard much higher for women; and bringing out a gender perspective early on in the process.

Overall, in a week with attention on a wide range of women’s rights, attention on their role as mediators was timely to emphasize the various lenses of women’s participation. Both events were insightful, the recommendations were resourceful, and left a sense of activism in this area.  The discussion and the attention of women as mediators were not new by any means, as the Security Council held an Open Debate in October 2011 on Women’s Participation and Role in Conflict Prevention and Mediation. One can only hope that the energy around this topic continues and we see more similar events and small opportunities to begin to foster change in the system.

-Melina Lito

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A Review of the New SG Report on the Support Mission in Libya: Urgent Security Challenges

8 Mar

On 1 March 2012, the Secretary-General issued a new report on the United Nations Support Mission in Libya (UNSMIL) detailing the major developments in the country since the release of the previous report from 22 November 2011 as well as the activities undertaken by the mission under its mandate from Security Council resolutions 2009, 2017, and 2022. The report outlines the major challenges facing Libya in its political transition as well as recommendations for the future for both UNSMIL and Libyan authorities.

The report offers a recount of the political developments in the country from the announcement of a new interim government by the National Transitional Council (TNC) on 22 November 2011 to the intermittent struggles with the revolutionary ‘brigades’ in Tripoli and beyond. It is clear that the security situation remains highly precarious. The issue of the call for semi-autonomy by local tribal leaders in the oil-rich eastern region has also recently come to the forefront for the TNC among other security sector challenges such as proliferation of weapons, trans-border challenges posed from porous movement across neighboring borders with Chad, Niger, and Mali among others, skirmishes between rival brigades, and attacks against internally-displaced persons (IDPs). Welcome references in the SG’s description of the increasingly active political discourses are youth and women who, according to the report, represent groups that “seek to transform their role from freedom fighters to nation-builders through engagement in making decisions on Libya’s political, economic and social future.”

Among a variety of mandated-activities, UNSMIL is focused primarily on providing support for the upcoming electoral process; protecting human rights, transitional justice and rule of law, in particular addressing the detention of conflict-related detainees and interrogations; securing public security including border security, landmines and explosive remnants of war, and small arms proliferation; and supporting socio-economic recovery in coordination with other international assistance. The Secretary-General has asked for the Security Council to extend the mandate of UNSMIL for another 12 months as an integrated political  mission to help ensure the best possible transition in the post-Qadaffi era. The SG has highlighted the importance of maintaining the Libya mission as a “relatively small special political mission, joining forces with the work of agencies, funds and programmes,” as such a model thereby limits the budgetary requirements.

Most especially in light of the upcoming Preparatory Committee for the Programme of Action on small arms in just two weeks, it is important to underscore the specific references to arms proliferation in the SG’s report. As has been referenced on this blog before, the issue of uncontrolled weapons across the whole of Libya has been a significant challenge in the post-revolution period as Libyans seek to secure their nation and embrace democracy in an extremely tenuous security environment. The report explains that visits to 123 weapons storage sites have been conducted jointly by Libyan officials and international counterparts such as the UN Mine Action Service and have revealed a total of 5,000 registered man-portable air defence systems (MANPADS) and their components, although the fear of missing MANPADS is still a viable concern. Most alarming is the lack of detailed records of weapons in pre-conflict stocks and weapons used and transferred during the conflict. As such, currently there is exploration of a registration system of weapons– including MANPADS– as well as ammunition and its storage and management. For this type of system to be successfully implemented, it is clear that all those that manage and possess weapons participate, including those tribal brigades that are still engaged in their own internal power struggles. The issue of landmines and other explosive remnants of war has also been addressed by the Joint Mine Action Coordination Team, although the operation has struggled due to a lack of funding. A total of 126,155 mines and explosive weapons have been cleared as of the end of January 2012. The Ministry of Defence has also established the Libyan Centre for Mine Action with this mandate.

The primary challenge of the arms situation in Libya is the lack of transparency and access to the stockpiles controlled by the rival brigades that are still very much a factor in the difficult political situation. Therefore, it seems the most urgent need related to the brigade fighters and their large number of unaccounted for weapons is the integration and unification of these revolutionary fighters into national security institutions. The first step must be adequate demobilization in solid coordination with halting small arms proliferation through a transparent registration system of weapons in circulation. Obviously this will be no easy task. One of the most difficult challenges of small arms is just that– they are small, mobile, and easily collected, traded, and hidden. The same cannot be said for other types of conventional weapons such as tanks, helicopters, or missile systems. Many of these revolutionary fighters are unwilling to forego their weapons due to the weak security sector, which, in turn, remains weak in part due to the wide circulation and hoarding of weapons. It is a dangerous and vicious cycle that must be broken. The Libyan authorities themselves have recognized that their foremost challenge is to address the wide circulation of weapons and the armed brigades fighting for control of territory across the country. Furthermore, these weapons are undoubtedly finding their way across borders fueling conflict and violence in neighboring states such as Sudan wrought with its own set of very difficult internal conflicts.

Libya has a difficult road ahead as it transitions to a new government and seeks to integrate a country fraught with regional and tribal divisions. To do so will require a stable security situation without which the transition will be impossible and such stability in the security sector requires control of arms proliferation.

–Katherine Prizeman

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Opening of CSW 56 with Special Focus on Empowering Rural Women through Technology

28 Feb

Yesterday marked the opening of the 56th session of the Commission on the Status of Women (CSW), organized for the first time in conjunction with UN-Women. Madame Michelle Bachelet, Executive Director of UN-Women, offered remarks to the Commission chaired this year by Ambassador Marjon Kamara of Liberia. In addition to the theme of this year’s CSW on the situation of rural women, Madame Bachelet drew particular attention to the assistance needed for Palestinian women as well as women and children kidnapped and subsequently imprisoned in armed conflict. Madame Bachelet called for adoption of concrete actions for empowering rural women, women who represent one out of every four people in the world, over the next two weeks of the CSW. As aptly noted by many of the speakers in the opening session, empowering women is not only good for women, but it is good for peace and, therefore, for humanity.

Ms. Bachelet succinctly outlined the social, cultural, economic and political barriers impeding rural women’s participation and, in turn, the development of the entire community. Ms. Bachelet provided  examples of improved communities around the globe, such as Egyptian women being able to sign up for ID cards for access to health care, suffrage and education, as well as the more than 1 million women who have been asked to sit on rural village boards throughout India.

Ms. Bachelet also described another phenomenal form of development and its connection to women- Information Communication Technology for Development (ICTD). ICTD was referenced as it relates to a global survey conducted by the GSMA Development Fund. She reported that 93 percent of women surveyed felt safer with a mobile phone, 85 percent of women felt more independent with a mobile phone, and 41 percent had increased their economic opportunities by being mobile and connected. Other speakers such as Elizabeth Atangania of the Pan-African Farmer’s Forum also outlined the benefits of connecting women with resources and access explaining that mobile technology can be a helpful tool in aiding this process.

The exponential effects of a mobile phone were specifically underscored for their powerful influence on women’s empowerment, whether economic, political, social or otherwise. Ms. Bachelet noted, “And here I want to talk about mobile phones because they are changing lives and strengthening economic enterprises. Whether it’s information about credit, markets, weather updates, transportation or health services, mobile phones are changing the way rural women and men obtain services and conduct business.” One need not look much farther than the events associated with the Arab Spring over the last year and the tremendous impact of mobile technologies, social media tools such as Twitter and Facebook, and other real-time updates from the ground by women and men alike.

These new technologies are key components to bridging the divide between men and women, rural and urban, as well as granting access and mobilization opportunities, most especially for rural women who are so often removed from the center of political discourse. In the context of social networking, these tools have a multiplier effect that ultimately give a voice to any woman that has a mobile phone and internet connection. Therefore, we sincerely hope that this year’s CSW will form concrete and actionable recommendations for improving the situation of rural women such that their voices can be heard buttressed by greater access to information and resources through these new technologies.

–Shea Molloy and Katherine Prizeman

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Sexual Violence in Conflict, Small Arms, and Key Linkages

27 Feb

The Security Council, under the presidency of Togo, hosted an open debate on sexual violence in armed conflict featuring briefings from the Secretary-General’s Special Representative Margot Wallstrom, the Under Secretary-General for Peacekeeping Herve Ladsous, and a statement from Libyan activist Ms. Amina Megheirbi representing the NGO Working Group on Women, Peace and Security. Although unable to adopt a Presidential Statement condemning such violence or a public statement on follow-up to Resolution 1960 (2010), the Council did express relatively unanimous support for Ms. Wallstrom’s mandate to alert the members to instances of sexual violence in conflict as well as increasing the effectiveness of the 1960 mandate through better coordination and information sharing. Member states were also supportive of the inclusion of a new mandate for Women Protection Advisers in peacekeeping operations. The debate was held just a few weeks after the Secretary-General released a  new report on ‘Conflict-related Sexual Violence’ on 13 January 2012.

Ms. Wallstrom noted in her statement that no one could remain unmoved by the striking country examples found in the most recent SG report, which she identified as already a ‘bit out of date’ and but one tool to combat the scourge of sexual violence in conflict. She referred to instances in Guinea, Syria, and Libya and poignantly stated that in contemporary wars it is more dangerous to be a women collecting firewood than a solider on the front line. More broadly, Special Representative Wallstrom also emphasized country level information moving effectively to the Council as well as robust support for government initiatives to combat impunity. Expanding the ‘naming and shaming’ listing was also identified as one way in which perpetrators could more effectively be held accountable.

Nonetheless, perhaps most importantly, Ms. Wallstrom classified the issue of conflict-related sexual violence as not a women’s issue, but a security issue with much wider peace and security implications than particular instances of rape. This point is particularly important for Global Action as we strive to link such issues to other components of the broader human security agenda. Not only can rape serve as a precursor to conflict, a diagnostic of pre-conflict conditions, and a symptom of impunity, it is also evidence of a weak and insufficient security sector. As is often said by proponents of the women, peace and security agenda, there is no security without women’s security and the aim is not only to protect women from violence, but to also encourage their active participation in political and economic life. A robust sector sector will indubitably support such participation as well as enhance protection mechanisms needed to eliminate such sexual violence in and out of conflict.

Indicative of these linkages, the delegate of Germany also referred to the proliferation of small arms and its dire effects on violence against women and children. It is a fact that women are disproportionately affected by gun violence in communities. Furthermore, the ready availability of small arms undoubtedly facilitates grave crimes such as sexual and gender-based violence, which is almost always committed at the point of a gun. Better gun control mechanisms, including a robust Arms Trade Treaty (ATT) that is to be negotiated this July as well as better implementation of the UN Programme of Action on small arms, are essential to a more dependable security sector and, in turn, protections for women against sexual violence and, just as critical, participation opportunities.

As Special Representative Wallstrom noted, the response to conflict-related sexual violence must be gender-focused and community-based. Communities must deal with this issue as part of a bundle of security issues that pose a threat to the well-being of its citizens– including small arms proliferation, gender-based violence, and lack of women’s access to political and economic life. We fully support the mandate of Ms. Wallstrom and her staff and hope that continued emphasis on the broad security implications of sexual violence will bear more robust and effective response mechanisms for communities suffering from such blights.

–Katherine Prizeman

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Worry on Many Fronts for the #Armstreaty

22 Feb

The ATT preparatory committee completed its work last week during the fourth and final session of its series of meetings. Diplomats were able to adopt rules of procedure and a report on its work during all four preparatory meeting.

With each passing day, there seemed to be more urgency and anxiety around completing the preparatory process of the ATT—making state positions clearly known on substance, gathering and approving the necessary background documents, and adopting some semblance of rules of procedure. Also prevalent in the undertones of many statements and interventions was an air of worry over tackling too much or too little in the months remaining until the negotiating conference.

Some delegations focused this angst on completion of a comprehensive compendium of views from all four of the previous preparatory committee sessions. Cuba’s delegate made the case that national experts—military, trade, and legal—would benefit from this sort of document in their deliberations back in capital prior to the negotiations in July.  The European Union and Swiss delegations expressed doubt over the usefulness of this burdensome task for the Secretariat claiming that statements and positions are already available on the UNODA website. Algeria’s representative, whose delegation first brought up the idea of a compendium during the last Prep Com, disagreed stating that such statements on the UNODA website were incomplete and member states should have access to alternatives not reflected in the Chair’s Paper from 14 July 2011. Likewise, the Nicaraguan representative reiterated support for a compendium document reflecting updated states’ views. Belize’s delegation stated that any document, including such a compilation, would have to be reviewed and approved by member states before its inclusion in background documentation for the negotiating conference. The Iranian delegation reiterated the need to have all documents related to the conference—the SG’s report on states’ views, the Report from the GGE, and the Draft Report on the Prep Com among others—to be available to all member states in the interim.

Other delegations focused intently on completing and adopting rules of procedure before close of discussions for fear that negotiations will seriously be hindered without clear and agreed upon provisions. The Costa Rican delegation noted that the rules of procedure must facilitate negotiations rather than hinder them. The Indonesia delegate referred to a certain level of awkwardness that may come about if during the July negotiations the rules of procedure would need to be amended. As such, the delegate called for including a stipulation in the rules of procedure that they could be changed by consensus. More generally, Morocco implored all member states to stay focused on the rules of procedure and the Chairman’s report.

Some delegations focused their worry on particular substantive aspects of the treaty. Sweden’s delegation cautioned against an outright ban against arms transfers to non-state actors as industry would fall under this category and such cross-border industry cooperation is important and likely to increase among states. The delegation of Malaysia focused on the overall goal of the ATT and stated that reference to corruption, legal and victims’ assistance would serve to detract from the main objective of an ATT– completion of a legal and trade agreement. Contrastingly, the Chilean and Sierra Leonean delegation claimed that there is an undeniable humanitarian element to the ATT in addition to the legal regulations negotiated. Nigeria’s delegate took the opportunity to reiterate the necessity of including ammunition in the treaty’s scope.

It comes as no surprise that there is much anxiety still remaining on many fronts. As this final Prep Com concluded, delegations continued to make those anxieties known in the waning days of official preparations. The task at hand is complex and wrought with substantive and procedural challenges. However, the important thing to bear in mind is that the lack of international standards for the transfer of conventional arms is a severe blight on the world community and needs remedying. Furthermore, the distinct air of anxiety among diplomats illustrates just how important filling this crack in international law truly is.

For more reporting, analysis and documents from the Prep Com, please see Reaching Critical Will.

–Katherine Prizeman

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4th ATT Prep Com: Time to be Realistic and Concrete

7 Feb

As diplomats and civil society alike prepare for the final preparatory committee in the Arms Trade Treaty process, it is important to take note of the original intent and point of consensus behind the initiation of the process: despite difficult and complex political considerations, there is general and widespread support for negotiating an ATT indicating a majority opinion that arms transfers should operate according to a common set of international standards. How those standards will be negotiated, who will ‘monitor’ compliance with these standards, and how much latitude will be allowed for more robust and explicit ‘disarmament’ language remains to be seen.

There are many questions remaining, including the most basic of all: What is the goal and objective of such a treaty? Differing answers to this question present a complex challenge for both this Prep Com as well as the July Negotiating Conference. There is ultimately no philosophical consensus—some advocate for a treaty that can establish strong humanitarian standards for the transfer of conventional weapons that can combat, prevent, and eradicate the illicit transfer of such weapons where they can facilitate destabilizing violations of human rights and international humanitarian law, while others wish to negotiate strictly on the grounds of trade. How a member state characterizes the core objective of a future ATT will likely impact all relevant positions adopted and thus will influence the success of drafting and adopting the treaty. Therefore, it is necessary that the upcoming negotiations and these final preparatory consultations seek a realistic and pragmatic solution to this philosophical difference of opinion. Without such a harmonization of purpose, the ATT negotiations will forever be divided between schools of thought that seem less reconciled than they might actually be.

It is also important to highlight the difficulty of the ATT process in the context of the other disarmament challenges that are to arise in 2012. During a year that is punctuated by many disarmament and arms control challenges, such as the Review Conference on the Programme of Action on small arms and a conference on establishing a Middle East Weapons of Mass Destruction Free Zone, creation of a legally-binding ATT will require some degree of political capital investment, especially in light of the provision of consensus decision-making and acceptance of at least minimal international oversight of national control systems. Large manufacturing states will have to be active and productive participants in the ATT process if the treaty is to have any real impact on the arms trade – both cooperating with the provisions as well as providing international assistance to smaller states for the necessary national implementation capacity. There is an inherent responsibility on the part of the major exporters to negotiate an honest and robust ATT based on the fact that they account for the lion’s share of total arms manufactured, and thus in circulation.

As the ATT preparatory phase comes to a close and official negotiations begin, it is important to take into account the following recommendations that will make for a more robust and better implemented treaty over the longer term:

  • It is wise to incorporate a concrete review process that establishes regular meetings of the states parties to assess and adjust the ATT to better reflect evolving security circumstances as well as provide opportunities to make the treaty stronger to hopefully include some or all of the ‘additions’ that still remain contentious and perhaps are too difficult to include in the initial treaty.
  • It is essential that negotiations on an ATT focus on a structure that can support and even monitor national implementation once a treaty has been adopted. Member states must look realistically at the security, communications, and oversight challenges that lay ahead for treaty implementers. There is no obvious mechanism that currently exists to coordinate ATT-related logistics.
  • Even those member states that vigorously contend that any ATT should neither encroach on territorial sovereignty nor interfere in the ability of states to conduct arms transfers cannot argue against the dangers of diverting otherwise legally transferred weapons to non-state and illegitimate actors, such as criminal or terrorist elements, as well as through reselling weapons to line the pockets of corrupt officials. Delegations should address diversion directly in formulating a robust treaty that sufficiently highlights, monitors, and addresses all facets of this risk.

Understanding the inherent purpose of the ATT, as well as the broader disarmament context in which it is being negotiated, is important to the process. We hope that the final Prep Com will yield concrete negotiating points for July as well as a strong sense of enthusiasm and commitment from member states that will put diplomats in the strongest and most encouraging position possible for the diplomatic conference.

 

–Katherine Prizeman

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Secretary-General Presents New 5-Year Agenda: Focusing on Prevention

31 Jan

Just last week, the Secretary-General Ban Ki-moon presented his Five-Year Action Agenda: ‘The Future We Want’ for his next term at the helm of the UN. He expanded further on the list of five imperatives laid forth last September: sustainable development; preventing conflicts and disasters, human rights abuses, and development setbacks; building a safer and more secure world, including standing strong on fundamental principles of democracy and human rights; supporting nations in transitions; and working with and for women and young people.

The Secretary-General made several important points regarding the changing dynamics of the world’s community that will require new and more dynamic responses by various stakeholders. The world’s population has officially exceeded 7 billion, new economic strongholds are emerging, social inequality is proliferating, climate change and environmental degradation are becoming harsher realities, and limited resources are continuing to shrink. These are no small challenges. It seems that any agenda,  not matter how far reaching and detailed, would be insufficient to tackle such gargantuan issues (the Millennium Development Goals [MDGs] are not on track to be achieved by 2015 as was envisioned when they were adopted in 2000. Nonetheless, as Ban Ki-moon said, the myth that development does not work is false– there has been more effective disease control, more children in primary school, and significant reductions in poverty throughout the world.) Nonetheless, it is important to temper opinions regarding the reality of setting forth such sweeping and lofty goals. A critical element of making these goals a reality is transparency, information sharing, and inter-agency coordination that not only engages the UN and its agencies, but also civil society, the private sector, academics, and other engaged global citizens that have the resources, enthusiasm, and skills to make progress, no matter how small, on these ambitious goals. As such, a welcome development was the SG’s announcement that he would appoint a senior adviser tasked with coordinating system-wide partnerships.

It’s worth a discussion on prevention– a key component of the SG’s agenda that is a ‘cure’ that is both better and cheaper than emergency response. In a system that is often focused on dealing with spiraling-out-of-control crises, this is a welcome initiative. The SG noted that his agenda emphasizes early warning and action through conflict mapping and linking, collecting and integrating information from across the system. This is precisely where the focus needs to be in addressing conflict, including mass atrocities and genocide, and human rights. As emphasized in our own organizational mission and priorities, it is essential to promote more transparency for findings generated by the UN, by member states and by civil society groups that indicate a credible threat of mass atrocities such that these findings can be made actionable at earlier stages before full-scale violence flares up. Findings are ultimately limited in their usefulness unless there is an attentive and robust infrastructure to turn information into preventative policy.

The SG’s reference to ‘a new dimension for the emerging doctrine of the responsibility to protect’ is somewhat vague, but it is a welcome reference to a framework that, although the majority of news-grabbing political considerations have focused on the last resort (military) intervention piece of it, fully embraces prevention as a means to limit the worst of human rights abuses. ‘Pillars’ one and two of the R2P framework focus on capacity-building and assistance for governments to protect their own people as a means of prevention. It is only the third and final pillar that focuses on potential outside intervention as a means to ‘protect.’  Likewise, more effective mapping and integration of information across the international system is welcome initiative that would promote greater transparency in findings of potential human rights abuses so that it is not left exclusively to the Security Council to deal with a full-blown crisis, but rather the wider international community can engage in early action and preventative activities.

It is important that the international community looks at the most pressing issues of the immediate future on a macro level, in addition to the micro dealings of day-to-day UN work. It is in these broader assessments that the different challenges can be better understood in concert with one another so that better and more efficient coordination can be planned for and ultimately implemented. The linkages are clear– higher levels of participation from women and youth are linked to more sustainable development; preventing conflicts and development setbacks surely depend on building a safer and more secure world. The UN is an imperfect system, but it is a system that is universal in representation and replete with human creativity and skills to tackle, even if imperfectly, these difficult challenges of our time.

 

–Katherine Prizeman

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Security Council Discusses Two Key Security Issues: Rule of Law and Middle East

25 Jan

Over the past week, the Security Council has engaged in two separate debates on thematic issues of critical importance to the broader human security agenda– the rule of law and transitional justice in conflict and post-conflict societies and the situation in the Middle East including the Palestinian question. One key highlight was the warning by the UK delegate on illegal arms smuggling into Syria that continues to feed the violence.

Our intern Helene Samson provides detailed reports on the meetings. Please see below.

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On 19 January 2012, the Security Council met to discuss the UN’s approach to transitional justice and the rule of law, a norm which is acknowledged by the UN Charter as a precondition to national and international peace and security, and remains a vital element for ensuring prosperity, sustainable development and reducing poverty in states. Although the UN intervention in war-torn states countries has helped in transitional justice, both the UN and national capacities still need to be strengthened given the growing corruption, lack of transparency, and accountability. The Council also reaffirmed its opposition to impunity for violations of international law and highlighted the responsibility of states to prosecute people responsible for genocide, war crimes and crimes against humanity. Secretary-General Ban Ki-moon opened the meeting by supporting the role of rule of law in monitoring armed conflicts, and the growing threat of transnational trafficking, and organized crimes. He further stressed also the necessity to reinforce the rule of law to protect civilians and vulnerable groups, such as women and children. He discussed reinforcing norms through transitional justice; building justice and security institutions to promote trust; and achieving justice for women and gender equality.

The delegations present expressed their respective commitments to rule of law. Rule of law was particularly influential in enhancing the capacity of civil society in the Arab Spring, evidenced in cases such as Liberia and Sierra Leone. India and Portugal both highlighted the need to eliminate state discriminatory laws that interfere with gender equality, equal rights and the full political participation of women. Indeed, children and women continue to represent one of the most vulnerable groups in armed conflicts. France suggested that ICC judicial decisions should be pursued steadily and consistently by states, when states are not willing to enforce criminal justice within their own domestic legal systems. Next, the UK voiced concerns that some member states have not recognized the Court’s competence, and pointed out that the ICC should have a more compulsory competence in terms of international criminal justice. Furthermore, the UK explained that security goes along with health and education regarding peace building long-term processes; the British delegation declared they were ready to invest 30 percent of its growing development aid to help 12 million women have better access to justice through police, courts and legal assistance.

Although they have not signed the Rome Statute, the United States also expressed its moral commitment to the international norms of transnational justice and rule of law by mentioning their honoring institutionalized initiatives for armed conflict prevention: Obama’s Executive Order on promoting women participation in peace process and rule of law enforcement, and also a study on high-level atrocity prevention. Moreover, as for China, it did not mention any initiatives to promote transitional justice and security, but emphasized its reluctance regarding the systematic and intrusive application of sanctions in some unique national situations, arguing that national sovereignty is still the highest legitimate authority. States tending to reinforce the rule of law through issuing laws of post-conflict reintegration and integral reparation, such as Colombia or adopting a more democratic constitution like in Morocco, warned also the UN approach criticized earlier by China. It was suggested the UN should cooperate with states to complete national measures and consolidate the rule of law in the different realities. Guatemala, whose post-conflict institutions are still weak and have seen transnational criminality worsen, highlighted the lack of national appropriation that sometimes follows failed post-war peace building. Guatemala has nevertheless explained that a successful reconciliation consists of a balance between the duty of remembrance and the responsibility of reconciliation.

In sum, the Security Council expressed its concerns regarding displaced groups, children, and particularly women who also play also a critical role in peace building. The adoption of measures, such as Resolution 1325, has been encouraging. It has been argued that Specific international tribunals, in particular the ICC, remain a vital element in the architecture of the international and healing justice. There is a need to coordinate international jurisdiction needs to ensure the reinforcement of the rule of law. However, the Security Council is aware that in an ideal world, national States should preserve jurisdictions should do justice themselves, without any intervention from an international organization. Meanwhile, the Security Council will have to address these challenges to promote rule of law in cooperation with national politics and help states to build peace and security. The Security Council expects an international push and political changes in war-torn societies.

This Security Council’s meeting was part of a high-level meeting on justice and rule of law that will be discussed by world leaders at the General Assembly on 24 September 2012. For the time being, the Council sought to emphasize the major role that rule of law plays in the peace and security field, as a call for political leaders to implement reform measures.

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The Security Council met on 24 January 2012 to discuss the situation in the Middle East, focusing at length on the Israeli-Palestinian conflict. Oscar Fernandez-Taranco, Assistant Secretary-General for Political Affairs, welcomed the series of talks on territory and security between Israeli and Palestinian negotiators initiated 3 January 2012. He reported growing violence and illegal measures on the ground by Israel. Indeed, the aggressive Israeli settlement activities and the constant exchanged violence between Israeli settlers and Palestinians present a major obstacle to a two-State solution.

As for Lebanon, several incidents in the zone of operation of the United Nations Interim Force in Lebanon (UNIFIL) showed the fragile conditions of security. The continued Israeli violation of the Lebanese aerospace not only undermines the credibility of UNIFIL, but also breaks with Resolution 1701. Moreover, 5,660 Syrian refugees have been registered on 13 January 2012 in Lebanon. He thus encouraged the Security Council to support the League of the Arab States’ proposal to tackle the violence and human rights violation perpetuated by the Syrian government.

Following Fernandez-Taranco’s introductory comments, Permanent Observer of Palestine spoke out about the Israeli practices on the ground in violation of international legal norms. He mentioned that Israeli settlement activities increased by 20 percent in 2011 further ‘Judaizing’ East Jerusalem with more checking points, demolitions of Palestinian proprieties, the closure of Palestinian institutions and the ‘ghettoization’ of the Palestinians, among others. He went further in accusing Israeli settlers of ethnic cleansing, in particular in the Jordan Valley, through the destruction of farms and displacement of population, and also acts of vandalism in churches and mosques, all in the full view of the Israeli security force. The Israeli air and land blockade affects deeply the Palestinians since it obstructs the necessary civil construction and humanitarian aids.

The Israeli delegation affirmed that the single greatest threat to the world security was an Iran seeking to build a nuclear weapon. The Israeli representative blamed the Security Council for having spent too much time and energy on the Israeli settlement activities instead of focusing on the real challenges that face the Middle East and the entire world. With its plan of enriching uranium to a 20 percent level, Iran breaks also several Security Council Resolutions, a reason why “the Security Council should be losing sleep over it,” replied the Israeli delegate. Adding to the Iranian threat, Israel also accused Palestinian authorities of keeping silent on the Hamas’ incitement to hatred and the destruction of Israel. Israel concluded Palestine’s misleading insistence on the two-State solution justifies Gazans’ security as the Israeli main priority.

The US encouraged both parties to set an environment conducive to progress and condemned any incitement to violence and terrorist attacks against Israel. However, the US delegation reaffirmed that it did not support the legitimacy of settlement activities. Regarding Syria, the US delegate noted that there are urgent needs for sanctions against the Syrian government actions and affirmed support for the Arab League’s plan for a transition to democracy.

With 43 percent of the West Bank clearly not under the control of the Palestinians and corresponding increasing violence, India declared the Israeli settlement unacceptable and contrary to international law. Restrictions to humanitarian assistance have resulted in an increase in poverty levels, something hardly compatible with a two-State solution. Togo, concerned for Palestinian refugee rights, called also for leaving the blockade. Good faith negotiations from both parties, financial and material support from the international community, and the Quartet’s role as guarantor of any agreements reached, were all encouraged as a set of practices to overcome current difficulties.

Colombia reiterated the negative impact of settlement activities in the region, but also noted violence against Israelis and threats to Israeli security calling for defined borders acknowledged by the international community. The Moroccan delegation explained also that Israel’s lack of political and moral will on the ground represented great challenges to peace. They suggested that Israel fulfill its responsibilities and obligations, in particular in Jerusalem and its suburbs where settlement activities have increased.

Pakistan criticized the endless debates on the Israeli-Palestinian conflict at the Security Council and the Quartet’s frozen position in a state of “suspended promises” that have not helped Palestinians address the issue. The Russian Federation noted a ‘remote manipulation’ from some states, without explicitly mentioning names, to maintain a certain ethnic group to power constitutes a major obstacle to human rights and the peace process.

The United Kingdom broadened the scope of the debate calling for democracy in the Arab world and the Security Council’s support for the League of Arab States in the transition to democracy in Syria. The UK warned of the illegal smuggling of arms to Syria, which continues to feed the shedding of blood. While Germany suggested expanding product exports to the West Bank to ensure the creation of jobs and prosperity, France urged establishing an international follow-up mechanism that is likely to lead to a two-State solution.

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