MISSING PIECES - Inter-Parliamentary Union

MISSING PIECES
basis—but that are then diverted to an unauthorised user, sometimes
in violation of an international arms embargo; and
• ‘black market’ or strictly illegal transactions, in which neither the export
nor import was approved by the relevant authorities and the entire deal
is conducted in the shadows, taking advantage of lax controls and the
extensive networks of criminal syndicates.
Governments often approve small arms deals with little, if any, consideration
of the consequences, including basic questions such as who will receive
the guns or ammunition, how they will use them, and what repercussions
the inflow of weapons may have on the security environment for civilians—
whether, for example, the (mis)use of the guns will fuel violence and human
rights abuse. Grey market deals provide an easy cover for transfers to human
rights abusers and those subject to arms embargoes. Moreover, where governments
fail to crack down on illegal gun sales and the criminals that
misuse them, the widespread availability of guns enables armed attacks
against civilians. Gun trafficking threatens lives and livelihoods in myriad
ways. Yet it appears that competition for markets and financial profits
inhibit restraint, and unfortunately supplier countries commonly rationalise
that ‘if we don’t sell it, someone else will’, a reasoning often inconsistent
with their overall foreign, security and development policy objectives.
EXISTING PROCESSES
A number of initiatives to regulate arms transfers have taken place, led by
governments, parliamentarians and NGOs. Approaches that offer some
promise or lessons for the future are profiled below.
RELEVANCE TO THE UN PROGRAMME OF ACTION
Regulating the illicit trade in small arms is the core organising principle of
the PoA, and is referenced explicitly and implicitly throughout the document.
The agreement of states to pursue supplemental measures, legally binding
instruments on marking and tracing, and brokering further bolsters this
supply-side focus of the PoA. Nevertheless, the authorised trade in small
arms—from which much of the illicit trade originates—was purposely
excluded from the scope of the PoA.
Section 2, Article 11 of the PoA specifically calls on Member States to
‘assess applications for export authorisations according to strict national
regulations and procedures that cover all small arms and light weapons and
are consistent with the existing responsibilities of states under relevant
international law’.
42