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With ethnic tensions rising worldwide, Genocide adviser urges action to prevent mass atrocities
by Adama Dieng
Special Adviser on the Prevention of Genocide
 
28 February 2013
 
The number of situations around the world that clearly indicate a risk of mass atrocities has possibly never been higher, demanding urgent preventive action, the United Nations Special Adviser on the Prevention of Genocide said today.
 
“We recognize the signs, we sound the alarm, but yet abuses continue to be committed and populations suffer the consequences,” Adama Dieng told the UN Human Rights Council in Geneva.
 
Addressing the 47-member body’s current session, Mr. Dieng said that genocide, unfortunately, is not a crime that has been relegated to the past.
 
“Despite the tragedy of the Holocaust, the killing fields of Cambodia, the genocides in Rwanda and Srebrenica and many other incidents of massive human rights violations, we still seem not to have learned our lesson,” he stated.
 
“In the face of the atrocities that are being committed still today, and our failure to prevent or halt their escalation, we must conclude that we have failed to fulfil our promise of ‘never again’.”
 
At a summit of world leaders in 2005, Member States adopted the principle of the responsibility to protect, sometimes known as ''R2P,'' which holds countries responsible for shielding their own populations from genocide, war crimes, ethnic cleansing, and related crimes against humanity and requires the international community to step in if this obligation is not met.
 
In his role as Special Adviser, Mr. Dieng acts as a catalyst to raise awareness of the causes and dynamics of genocide, to alert relevant actors where there is a risk of genocide, and to advocate and mobilize for appropriate action.
 
“Today, we are witnessing a dangerous increase in ethnic and religious tensions in various regions and have seen extreme violence in countries such as the Democratic Republic of the Congo, Iraq, Kyrgyzstan, Mali, Myanmar, Pakistan, Sudan, and Syria, to name just a few,” he told the Council.
 
“While we cannot correct the failures of the past, we can at least learn from them and strive to create mechanisms that can help us prevent these atrocities from happening again.”
 
While he recognized the many important initiatives that the Council has already taken, Mr. Dieng said the UN’s main human rights body must continue to find ways to consistently address the present and future crises that pose serious threats to populations.
 
As much as possible, the Council should endeavour to anticipate and effectively engage at an early stage to pre-empt the escalation of tensions into potentially genocidal violence, he noted.


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Global arms trade treaty has to be effectively implemented
by ICRC, Control Arms, Amnesty & agencies
 
02-04-2013
 
Arms Trade Treaty: A historic step towards reducing human suffering.
 
Geneva (ICRC) – The International Committee of the Red Cross (ICRC) welcomes the adoption of the Arms Trade Treaty. In a vote that took place today at the United Nations General Assembly in New York, a majority of States agreed to establish, for the first time, controls on international transfers of conventional weapons and ammunition.
 
"This is a historic moment and a worthy response to the widespread human suffering that results from the unregulated availability of weapons," said Peter Maurer, president of the ICRC. "The text now has to be implemented in good faith so as to positively affect the lives, health and well-being of millions of people around the world. If properly implemented, it will prevent arms transfers when there is a manifest risk that war crimes or serious violations of human rights will be committed."
 
The treaty adopted today sets legally binding rules to regulate international trade in conventional weapons and ammunition. It requires that States deny transfers when they are aware or where there is an overriding risk that those weapons and/or ammunition will be used to commit certain international crimes such as genocide, crimes against humanity or war crimes. A key principle underpinning this requirement, and explicitly recognized in the text, is the duty of the States to respect and ensure respect for international humanitarian law.
 
A vast majority of States agreed to adopt the Arms Trade Treaty. The ICRC however acknowledges that a number of States did not vote in favour of the text. "We call on all States to join the treaty and further its humanitarian purpose," Mr Maurer said. "This will ultimately help protect people from wanton armed violence and reduce human suffering."
 
In most of the countries in which it works, the ICRC is confronted with the terrible consequences for civilians of inadequate controls over international transfers of conventional weapons. In 1999, the ICRC published a study commissioned by the States party to the Geneva Conventions showing that in many situations where weapons are widely available, civilians are at greater risk of death, injury, displacement and abuse. The widespread availability of weapons tends to prolong conflicts, facilitate violations of international humanitarian law, and put civilians at high risk of death or injury from weapons-related violence even after armed conflicts have ended.
 
http://www.icrc.org/eng/resources/documents/news-release/2013/02-04-weapons-arms-trade-treaty.htm
 
http://www.icrc.org/eng/resources/documents/film/2013/arms-trade-treaty.htm
 
April 2013
 
United Nations Rights Expert welcomes Arms Trade Treaty, Urges States to Do More.
 
The United Nations Independent Expert on the promotion of a democratic and equitable international order, Alfred de Zayas, welcomed the adoption of first legally-binding United Nations Arms Trade Treaty that prohibits states from exporting conventional weapons to countries when they know those weapons will be used for genocide, crimes against humanity or war crimes.
 
“Those who sell or facilitate weapons to individuals that will commit human rights violations know that they have responsibility for the death and misery caused by those weapons and at some stage may be liable to face the International Criminal Court for complicity in war crimes and crimes against humanity,” Mr. de Zayas warned.
 
For the human rights expert, the adoption of the treaty is a significant first step with the potential to reduce “the appalling human cost of the trade in conventional weapons and the conflicts they fuel. Undoubtedly, this treaty constitutes an historic moment toward the goal of meaningful disarmament and the reduction of hostilities,” the expert stressed. “However, the treaty is not perfect, since numerous ambiguities remain in the text which could end up favouring the arms industry,” the expert said, stressing that nothing in the treaty prohibits selling weapons to non-state entities.
 
“More reflection is needed and a subsequent agreement should address outstanding issues that were left out in the final compromise. It is for civil society in the countries concerned to participate in this debate.”
 
“The world needs to stop not only the trade but the production of arms, since once weapons have been produced, there is an incentive to use them and to continue producing them,” he underscored.
 
“All these resources and energy must be shifted away from the logic of armed conflict and toward the advancement of peace and the promotion of civil, political, economic, social and cultural rights.”
 
“Peace, as the absence of war and of structural violence, cultural hegemonism and the eradication of extreme poverty - as envisaged in the Millennium Development Goals, is a necessary condition for an international order that is more democratic and more equitable,” he said.
 
Recalling his 2012 reports* to the United Nations Human Rights Council and the United Nations General Assembly, Mr. de Zayas emphasized that the endorsing of the draft arms trade treaty was urgently needed for the realisation of a democratic and equitable international order.
 
March 2013
 
Statement on behalf of United Nations agencies involved in humanitarian action, by UN Emergency Relief Coordinator, Valerie Amos.
 
We welcome the convening of this conference to address the consequences of the poorly regulated trade in arms and the opportunity for the adoption of an arms trade treaty.
 
This conference is important for many reasons. It is an opportunity for States to agree to global, binding rules to regulate the trade in arms. It is an opportunity for States to take decisive action to address the adverse humanitarian, human rights and development consequences of the poorly regulated trade in arms and the corresponding widespread availability and misuse of weapons.
 
It is an opportunity to reduce the pervasive killing, wounding of civilians, including women and children, and the commission of other serious violations of international humanitarian law and human rights law.
 
It is an opportunity to reduce and even prevent human displacement, both within and across borders.
 
At the end of 2011, the number of people forcibly displaced by conflict worldwide was in excess of 42 million people, including 26.4 million internally displaced persons and 15.4 million refugees.
 
In many cases, the violence that drove them from their homes was fuelled by the widespread availability and misuse of weapons, including small arms.
 
Providing them with the shelter, food, medical and other forms of humanitarian assistance which they so desperately need as a result comes at a staggering cost to the international community.
 
This conference is also an opportunity to address the frequent suspension and delay of life-saving humanitarian and development operations because of threats to the safety of, or actual attacks against, our staff and those of other organizations. Between 2003 and 2012, 809 humanitarian workers were killed in armed attacks and a further 817 were injured.
 
It is an opportunity to reduce the violent crime and insecurity that plague so many societies, undermine development, fuel conflict and poverty and exacerbate sexual and other forms of gender-based violence and violence against children.
 
We recognize that the current draft treaty text contains many of the elements needed for the effective control of the global arms trade. However, if States are to seize this opportunity fully to address the human cost of the poorly regulated arms trade they must strive to go beyond the current draft and agree a comprehensive and robust treaty that contains the following if it is to be effective:
 
First, it must require States to assess the risk that serious violations of international humanitarian law and human rights law may be committed with the weapons being transferred, including through diversion to unintended end-users.
 
It must also require States to refrain from authorizing transfers where there is a substantial– rather than “overriding” – risk that the weapons will be used to commit such violations.
 
Second, the Treaty must include within its scope all conventional weapons. This includes small arms as well as parts and components.
 
As the United Nations Secretary-General observed in his 2011 report on small arms, the trade in small arms is poorly regulated. In many countries, because of a lack of regulation and controls or a lack of capacity to implement those that that exist, it is far too easy for small arms to fall into the hands of those who use them to commit violations of international humanitarian law and human rights law.
 
Third, such a treaty must include ammunition within its scope. For armed conflict to continue, supplies of ammunition need to be continuously renewed. Without ammunition existing stocks of conventional weapons cannot be used.
 
Again, as the Secretary-General noted in his report on small arms, the popularity of certain types of weapons among armed groups is linked to the easy availability of their ammunition. Preventing resupply of ammunition in situations of high risk to civilians should be a priority. Regulating the transfer of ammunition is as important as regulating the transfer of the weapons themselves.
 
Fourth, the Treaty must not contain loopholes. It should cover All types of transfer, including activities such as transit, transshipment, loans, leases, gifts as well as brokering and closely-related activities. And it should not exclude arms transfers from the treaty’s scope on the grounds of obligations undertaken with regard to “other instruments” or as a result of contractual obligations under “defence cooperation agreements”.
 
We strongly urge Member States to place the humanitarian, human rights and development concerns at the forefront of their discussions by taking these elements into account and striving for a comprehensive and robust Arms Trade Treaty. A treaty that makes people and communities safer by reducing the overwhelming human cost of inadequate controls on arms transfers.
 
* On behalf of six United Nations agencies involved in humanitarian action. Food and Agricultural Organization (FAO), Office for the Coordination of Humanitarian Affairs (OCHA), Office of the High Commissioner for Human Rights (OHCHR), United Nations Children’s Fund (UNICEF), United Nations Development Programme (UNDP), United Nations High Commissioner for Refugees (UNHCR)
 
Feb 2013
 
Halting the use of child soldiers in conflicts is just one of a series of compelling reasons for states to adopt a strong Arms Trade Treaty (ATT), Amnesty International said to mark the International Day against the Use of Child Soldiers on 12 February.
 
In close to 20 countries, poorly regulated international arms transfers continue to contribute to the recruitment and use of boys and girls under the age of 18 in hostilities – by armed groups and, in some cases, government forces.
 
“Amnesty International’s recent research on the ground for example in Mali has revealed once more the horrors faced by child soldiers who are being recruited in numerous conflicts around the world to support troops and armed groups, sometimes in frontline roles,” said Brian Wood, Amnesty International’s Head of Arms Control and Human Rights.
 
“The Arms Trade Treaty must require governments to prevent arms transfers that would be used to commit violence against children and include rules to stem the flow of weapons into the hands of the government forces and armed groups responsible for war crimes or grave abuses of human rights.”
 
An overwhelming majority of the world’s states oppose the recruitment and use of anyone under the age of 18 by armed forces or armed groups, since taking part in hostilities robs them of their childhood and exposes them to terrible dangers as well as psychological and physical suffering.
 
Apart from the tragedy of becoming perpetrators of human rights abuses themselves, many child soldiers are killed, maimed or are victims of rape and other sexual violence.
 
Since January 2011, child soldiers have reportedly been used in at least 19 countries, according to the global NGO coalition Child Soldiers International.
 
Among them is Mali, where in recent weeks Amnesty International delegates have interviewed eyewitnesses as well as children who were recruited by the Islamist armed groups fighting against Malian and French forces in the north of the country.
 
In the city of Diabaly – some 400km north-east of the Malian capital Bamako – several people, including the deputy mayor, reported seeing children aged between 10 and 17 with the Islamist armed groups that had taken control of the area.
 
“These children were carrying rifles. One of them was so small that his rifle was dragging on the ground,” one eyewitness said.
 
In recent years, Amnesty International has also documented use or allegations of use of child soldiers in numerous other countries, including Central African Republic, Chad, Côte d’Ivoire, Democratic Republic of Congo, Sri Lanka, Somalia, and Yemen.
 
Some 150 countries, including Mali, have already agreed to prohibit the use of anyone under 18 in armed conflict – by joining the Optional Protocol to the Convention on the Rights of the Child. It is a war crime to conscript or use child soldiers under age 15 in active hostilities.
 
Amnesty International is pressing for a treaty that requires States Parties to prevent arms transfers that pose a danger of contributing to violence against children, including the recruitment and use of child soldiers.
 
http://www.controlarms.org/news http://www.amnesty.org/en/news/un-puts-human-rights-heart-historic-arms-trade-treaty-2013-04-02 http://www.irinnews.org/In-depth/58952/8/Guns-Out-of-Control-the-continuing-threat-of-small-arms


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