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Saving Rhinos while Protecting Human Rights: The Value of the Arms Trade Treaty for Global Anti-Poaching Efforts

12/14/2016

2 Comments

 
This is the second blog post in a series looking at an array of issues in 2017 related to weapons use, the arms trade and security assistance, at times offering recommendations.
Picture
Matthew Bolton
PictureA family of white rhinos. Photo courtesy of Control Arms.
The world is facing what the UN Environment Programme (UNEP) has described as an “Environmental Crime Crisis,” with an unprecedented slaughter of large mammals, particularly in the African continent. More than 100,000 elephants have been killed by poachers in the last five years and, over the same period, the number of rhinoceroses poached has increased every year.

The illicit wildlife trade is now increasingly sophisticated, dangerous and globalized, integrated with armed groups and organized crime. It has been fueled by a proliferation of military-grade guns in unstable regions with high concentrations of rhinos and elephants. Since 2014, the UN Security Council has identified poaching as a regional security threat in Africa (S/RES/2134 and S/RES/2136). This month UNEP released a new report showing how environmental crime “threatens peace and security.” In 2017, the Arms Trade Treaty and other international measures could offer tools to address these problems in an integrated way.

United States Contributes to Militarization of Counter-Poaching

There is an emerging global trend toward militarizing wildlife protection, including expansive arming and training of paramilitary rangers. These aggressive counter-poaching tactics are supported by policy changes that have reframed wildlife crime as a security issue. In 2013, U.S. President Barack Obama signed Executive Order 13648 on Combating Wildlife Trafficking, stating that poaching had “significant effects…on the national interests of the United States.” This October, Congress passed the bi-partisan Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act, which encourages the administration to “provide defense articles (not including significant military equipment), defense services, and related training to appropriate security forces” to African countries for counter-poaching.

It is unclear how seriously the incoming administration will take the threat of global wildlife crime. Trump’s climate change-denying pick for the Environmental Protection Agency (EPA), Scott Pruitt, wants to strip away protections from the environment. Trump has defended his sons’ hunting of endangered species in Zimbabwe; photos surfaced last year of Donald Trump, Jr. holding the severed tail of an elephant and of him with a dead leopard. Nevertheless, co-sponsor of the Wildlife Trafficking Act Senator Jeff Flake (R-Arizona) told National Geographic that he will continue to advocate for action on poaching in the incoming Congress.  

The Human Rights Impact of Militarization

As with the “War on Drugs”, the militarization of poaching has had unintended consequences. In several countries, the military, police and even wildlife rangers have been involved in poaching, either directly or indirectly. The flow of arms into already unstable regions also means that many poachers obtain their weapons and ammunition from state sources, either through theft or corruption. Militarized rangers have also been implicated in human rights abuses (see, for example, this disturbing report about a counter-poaching operation in Tanzania).

Last week, I was speaking with wildlife rangers in a major East African national park, home to many rhinos. The park has suffered due to serious threats from poaching since 2011; two rhinos were recently killed by poachers using large-caliber rifles. In the last few years the country has stiffened the penalties for wildlife crimes and deployed an eight-fold increase in rangers – many with paramilitary training – in the park. The government attributes to this more aggressive response a reduction in killing of rhinos in the park from 24 in 2013 to three this year.

However, many of the poachers caught following incidents in the park are low-level criminals, often from poorer, rural areas around the park where the profits from rhino horn can be very tempting. They risk being killed on the spot or long-term prison sentences, while the international organized crime bosses evade punishment.

The paramilitary rangers' rules of engagement are also concerning. I asked a ranger about his rules of engagement when encountering a suspected poacher. He replied that if they are armed, “You shoot to kill, that's what we are told in training. If someone has a rifle, what do you do? That's why we shoot first.” Shoot-to-kill policies contravene international human rights law. Police (and rangers) are supposed to try to persuade a suspect to lay down their weapon, avoid killing a suspect if possible and try to make an arrest. The ranger told me, “if they pose a threat you forget about human rights.” But governments are not allowed to forget about human rights, even if they are inconvenient. The ranger also admitted that the militarized tactics could encourage poachers to also be better armed and more aggressive themselves.

Addressing Poaching through International Arms Control

If Trump does decide to take wildlife crime seriously (or is encouraged to by Congressional Republicans) it is unlikely that he will be a strong champion for addressing the human rights concerns of militarized counter-poaching. Congress, the policy community and activists must therefore make a compelling case for alternative methods of addressing poaching, while respecting the rule of law.

The last African elephant poaching crisis, in the 1980s, was fueled by the influx of guns in Africa’s Cold War proxy conflicts. It was stopped not so much by militarizing wildlife protection, but rather through international legal and normative change, including the ivory ban and a broad-based public awareness campaign in countries creating the demand. More recently, the Obama Administration has supported diplomatic and aid efforts beyond militarized conservation, raising awareness of the impact of poaching, seeking a stronger ivory ban and supporting peace and conservation projects in affected areas.

This September, I authored a report, published by Control Arms and Pace University, that outlines how the 2013 Arms Trade Treaty (ATT) could be used as part of a broader effort to address poaching in ways that are consistent international human rights standards. The report was produced for a  training program on the ATT for East African officials and civil society advocates.

The ATT, negotiated within the UN, establishes global rules for the transfer of conventional weapons, preventing the sale of arms to those who engage in human rights and humanitarian law abuses, organized crime, terrorism and gender-based violence. It provides a framework for governments to engage collaboratively in “risk mitigation measures” to prevent potential diversion of guns to unauthorized people or uses. It has 91 member governments, including several major exporting countries.

In my report and the training of officials we argue that governments should use the ATT to reduce the risk of automatic and large-caliber weapons being diverted to poaching. We also show how to use the treaty to improve armed rangers’ respect for human rights.

The United States has signed the ATT, but not yet ratified, stymied by gun lobby conspiracy theories claiming the treaty would threaten Second Amendment rights. In fact, the treaty affirms governments’ right to allow “lawful ownership” of guns, such as for “recreational, cultural, historical, and sporting activities.” In 2014 President Obama revised U.S. arms export control measures, which are broadly consistent with the ATT, without actually fully joining the treaty. Given the NRA’s endorsement of Trump, it is unlikely the incoming administration will think highly of the treaty’s potential.

But multilateral diplomacy, international law and arms control offer sophisticated tools (such as the ATT) for solving global problems (like poaching) that cannot simply be shot at. They make it possible to defend wildlife and human rights at the same time. In 2017 we must mobilize to shield both rhinos and people from roll back of their much-needed protections.

Dr. Matthew Bolton is Associate Professor of Political Science at Pace University

2 Comments

Improving Transparency and Seeking Control over the Illicit Trade in Small Arms and Light Weapons

6/6/2016

2 Comments

 
GoldringNatalie Goldring
This is the fifth blog post in a series on official transparency reporting, where it struggles, and the important role civil society often plays in monitoring and improving global understanding of the trade and use of conventional weapons.

The United Nations is not known for its command of acronyms. So when countries reached agreement on an instrument to control the illicit arms trade, its unwieldy title was, “The United Nations Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All its Aspects.” In this post, I’ll use the shorthand “Programme of Action”, or “PoA’.
 
The Programme of Action was agreed in 2001 after a great deal of discord and acrimony, and with considerable uncertainty about its prospects. Although it still needs strengthening, fifteen years later, the PoA is a pillar of the nascent regime to exercise better control over the international arms trade. The PoA recommends action on national, regional, and global levels. The assembled governments committed themselves to addressing the illicit trade in small arms and light weapons by developing or strengthening norms to prevent, combat, and eradicate the illicit trade, manufacturing of and trafficking in small arms and light weapons, with a particular emphasis on post-conflict situations and excessive and destabilizing accumulations of small arms and light weapons.
 
From 6-10 June, governments will gather at the United Nations to discuss progress in implementing the Programme of Action, at the sixth Biennial Meeting of States (BMS6). One key area for improvement is taking advantage of potential points of synergy between the Programme of Action and the Arms Trade Treaty; another is fully integrating ammunition into the Programme of Action.
 
As part of the implementation of the Programme of Action, States are requested to report on their activities in many substantive and procedural areas. They’re asked, for example, to report on whether small arms and light weapons (SALW) are manufactured in their countries, and if so, what laws, regulations, and administrative procedures regulate SALW manufacture. They are also asked to report on issues such as stockpile security, marking and tracing weapons, and procedures governing brokering, among other issues.
 
As of 1 June, more than 70 countries have reported on their PoA activities over the last two years, including each of the top ten conventional arms suppliers identified by the Stockholm International Peace Research Institute and six of the leading recipients. The country reports provide a useful starting point for discussion during the conference, as do the proposals circulated in advance by several countries and regional organizations, which are available at: www.un.org/disarmament/bms6/
 
The success of the conference, of course, should not be measured by the papers or the discussions. In the end, what matters is whether States have the political will and the financial and other resources to actually control the illicit trade in small arms and light weapons and decrease the enormous toll caused by armed violence.
 
Dr. Natalie Goldring is a Senior Fellow and Adjunct Full Professor with the Security Studies Program at Georgetown University. She also represents the Acronym Institute for Disarmament Diplomacy at the United Nations on conventional weapons.

2 Comments

The ATT and Transparency

5/23/2016

1 Comment

 
PictureRachel Stohl
This is the fourth blog post in a series on official transparency reporting, where it struggles, and the important role civil society often plays in monitoring and improving global understanding of the trade and use of conventional weapons.

Picture
Paul Holtom
Increasing transparency and oversight of the international arms trade are at the heart of the Arms Trade Treaty (ATT). Under the ATT, States Parties have three reporting obligations. First, States Parties must provide a one-off report that outlines the measures it has undertaken to implement the Treaty; although this has to be updated if new measures are undertaken. Second, States Parties have to make available an annual report on their authorized or actual exports and imports of conventional arms, which could contain the same information as provided to the UN Register. Third, States Parties are encouraged to report on measures they have taken to address the diversion of arms. 
 
The First Conference of States Parties (CSP1) took note of provisional reporting templates for the initial report on measures to implement the ATT and the annual report on arms exports and imports. However, The ATT does not require States Parties to utilize a standardized reporting form. The ATT requires States Parties to provide useful information on implementation of the ATT with regards to arms transfer control systems and responsible transfer decisions. States, international organizations, and civil society will utilize these reports to monitor ATT implementation and better understand how States Parties interpret and understand the treaty’s provisions and obligations. Reports also provide insights into how States have incorporated the ATT into their national systems. They can highlight best practices, lessons learned, and model legislation that other countries can utilize in the development or enhancement of their own national systems. Additionally, reports provide opportunities to match assistance requests with available resources. In these ways, reporting allows for accurate monitoring and assessment of ATT implementation by States and by civil society – and can provide a greater understanding of the global arms trade overall.

States Parties considered the production of reporting templates a useful endeavor to assist with the provision of information on implementation and transfers. Thirty-five States Parties to-date are known to have used the provisional reporting template for their initial report on measures to implement the ATT. A further six States Parties used their completed ATT-BAP Baseline Assessment Survey and France provided a narrative report.

For the annual report – the first of which is due on 31 May 2016 – States Parties may utilize the provisional reporting template or their submission to the UN Register of Conventional Arms (Register), including the separate form for additional information on transfers of small arms and light weapons. It will be important to encourage States Parties to provide information on authorizations and actual exports and imports for all categories required under the ATT, including the number of units transferred, a description of these items transferred and information on the end-user.

​The annual report is crucial for getting a global picture of what types of weapons States are importing and exporting. The annual report will therefore go a long way in helping identify trends in the global arms trade, if the reports are made public and States are comprehensive in the provision of information.
 
In the very near future – potentially at the Second Conference of States Parties (CSP2) in August – States Parties will need to consider how to best ensure universal reporting.  CSP2 will also be asked to decide if the adoption of reporting templates is the best approach for achieving this goal. States Parties also need to consider whether to develop a reporting template for the voluntary report on diversion, which could help to improve accountability and mitigate potentially harmful arms transfers. Comprehensive reporting will lead to increased transparency of the systems governing arms transfers and how the provisions of the Treaty are applied to international arms transfers. In the end, robust reporting has the opportunity to contribute to greater accountability in the global arms trade and encourage States to undertake more transparent and responsible arms transfers.

​Rachel Stohl is Senior Associate, Managing Across Boundaries, at the Stimson Center. Paul Holtom is Senior Research Fellow, Centre for Trust, Peace and Social Relations at Coventry University (UK). Together, they developed the ATT-Baseline Assessment Project.
1 Comment

Latin America and the Caribbean shaping the future of the ATT

6/8/2015

3 Comments

 
Alejandro SanchezAlejandro Sanchez
On August 24-27, Mexico will host the First Conference of the State Parties (CSP) to the Arms Trade Treaty (ATT). This is an important high-profile meeting aimed at establishing the permanent headquarters and a secretariat for the ATT. It is noteworthy that a Latin American nation will host the event. While not major weapons expenders a la the United States or Russia, in recent years Latin American and Caribbean nations have earmarked significant portions of their defense budgets for new acquisitions. Hence, it is important that these two regions are taking a pro-active stance on the future of the global arms trade by helping to shape the ATT’s future.

Just this past February, Trinidad and Tobago hosted the First Preparatory Meeting Towards The First Conference of States Parties to the Arms Trade Treaty. According to a press release by Mexico’s Secretariat of Foreign Affairs, the meeting in Port of Spain addressed issues like “the format, mandate and configuration of the future Secretariat,” as well as financial regulations.  Security expert Rachel Stohl from the Stimson Center noted, however, that the “only matter of substance agreed to … was that the first annual report on authorized arms exports and imports will cover calendar year 2015 with a submission deadline of May 31, 2016.” More meetings have since occurred and others are scheduled with the goal of seeing 
the August meeting bring momentum to the process.

For the time being, Mexico City has praised itself for having been chosen to host the CSP. In December, Mexican Ambassador Jorge Lomónaco declared that “[Mexico’s election] is, without a doubt, an example of trust and a form of recognizing our country as an important player of the international community; [we are] reliable [and] neutral.” Such self-praise is understandable, and it will hopefully be validated in a few months.

Apart from hosting major meetings, the Caribbean states are a major pillar of the ATT, Europe’s support notwithstanding. Several countries in that region have ratified it, like Dominica, Jamaica and Trinidad and Tobago. Meanwhile, Latin American states that have also ratified it include Argentina, El Salvador, Panama, Paraguay, and the CSP’s hosting nation, Mexico. In fact, Costa Rica, known for being a military-less nation in a violence-prone Central America, has not only ratified the ATT but was one of its original sponsors. Meanwhile, Brazil, with its strong military industry (i.e. EMBRAER), and other significant spenders like Chile, Colombia and Peru have only signed the treaty.

At this point, it is necessary to stress that Latin America is by no means undergoing a disarmament process. In recent years, we have seen a variety of major weapons sales by countries that have ratified or signed the ATT. For example, in 2013 Brazil signed a multi-billion deal for Swedish Gripen warplanes. Meanwhile, Peru has purchased FN Scar rifles and Gatling M-134D machine guns for its armed forces to crack down on narco-insurgency in the Peruvian Andes. As for Mexico, the U.S. has authorized the sale of Blackhawk helicopters to its southern partner. In addition, the region’s military industries remain vibrant and are looking to export their domestically made weapons. The prime example is Brazil, as it sold unarmed drones to an unnamed African nation in 2014.

Hence, it will be interesting to hear more detailed information about the concerns, priorities, and interests of Latin American states when they present at the CSP, as they will essentially be supporting an ATT regime, while also trying not to affect weapons sales sought by Latin American governments. Although support for the ATT is strong among these governments, national security threats, particularly drug trafficking and narco-insurgency, remain priorities for these regions and will continue to influence future arms procurement strategies.

The selection of Trinidad and Tobago as well as Mexico to host conferences that determine the future for this vital piece of global legislation is a big honor that stresses the nations’ support for the ATT’s success. Certainly, there are many challenges that the ATT must address before it becomes a relevant regime that regulates the arms trade. Hence, it is important that the ATT enjoys the support of violence-prone regions like Latin America and the Caribbean. Hopefully this momentum will translate into positive news out of Mexico City.



Alejandro Sanchez is Senior Research Fellow at the Council on Hemispheric Affairs.


3 Comments

The technology of research

5/29/2015

15 Comments

 
Nicholas MarshNicholas Marsh
Research on the arms trade has been transformed. In the mid-1990s a main activity involved sitting in libraries pouring over dusty books, periodicals and press clippings. Some people uncovered information through fieldwork.  Then the internet arrived, and with it a deluge of information from news sites and online databases. In addition to the patience and persistence needed to hunt through libraries or interview sources, a key skill for arms trade research became the ability to manage and present in an easily comprehendible way huge quantities of textual and numerical data.  

By 2011, authors working with the Small Arms Survey wrote about how video clips uploaded to YouTube and other forms of social media “contain a wealth of information that is beginning to shape public understanding of the arms trade.” Personally, I had used YouTube and other sites to locate images of arms used in the Libyan civil war, including weapons supplied by foreign powers. However, when a few of the small band of arms trade researchers got together we realized that social media presented huge problems. Watching videos and searching through them for information was very time consuming; and geo-locating and verifying their contents even more so. We earnestly wondered whether a funder would provide a grant for someone to spend all their time looking at YouTube videos, searching Facebook and tracking other online sources.

Fortunately, the solution came as a new group of researchers – often blogging in their spare time – dedicated the time and developed the methods needed to analyze videos and other material found via social media. This was made possible by a key new element of the technology of research – the ability via social media to rapidly create networks, share information, and even raise money.  Eliot Higgins and the others publishing at Bellingcat are among the most prominent today at this, and they are joined by other researchers who have made globally important findings from sources of information that didn’t exist just over a decade ago.

While our knowledge has certainly advanced, there are still very important areas that are unknown or at best opaque.  Outlined below are areas where the need remains to develop new technologies of research, without forgetting the contributions of written sources, databases, social media, and fieldwork.

Beyond the low hanging fruit. Arms flows into and within the wars in Libya, Syria, Iraq and Ukraine have understandably received a lot of attention, but there are many other wars where information from social media, databases and written sources  is much more difficult to obtain or  analyze – in particular sub-Saharan  Africa. Fieldwork has always been an answer, but safety and more importantly resource constraints mean that it can only be carried out in a fraction of the places where it is needed. We need to develop methods to obtain more information on arms flows into and within the more difficult places to research.

Outside warfare. Most attention is understandably focused upon warfare, but by far the greatest proportion of violent deaths are homicides. The methods and flows of arms to areas with high levels of criminal violence are much less understood than to war zones with comparable levels of violent death. Analysis of these requires new data and innovative methodologies to analyze it. Some important work has been done, but much more is needed.


Picture


The Homicide Monitor interface panel. Photo: Screengrab

Repressive regimes and their weapons. An area that has been studied for a long time, but certainly needs more attention, is transfers to repressive governments. As well as items that have been studied for decades – weapons, ammunition, police equipment, and torture materials ­– a focus is needed on new technologies such as equipment used for mass surveillance. 

Deeper questions on what matters and works. Finally, and most importantly, research has mostly focused upon working out what is being transferred to whom and how those transactions take place. These are important goals, but the information created needs to be used to answer larger questions. After over two decades of international attention on the conventional arms trade, culminating in the Arms Trade Treaty, we still need to know much more about:

  • What is the size of the illicit arms trade? Is it increasing or decreasing, and if so where?
  • Are the many national and international policy initiatives concerning the authorized trade and arms holdings actually working? If so, under what circumstances?
  • What kinds of arms transfers have the greatest influence upon violent death, injury, repression, corruption and other forms of harm? 

Answering these requires not just more and better data, but greatly improved technologies of research in order to analyze results. Answering them is needed as research on the arms trade shouldn’t just be about working out who sent what to where, but how the arms trade affects the world around us.

Nicholas Marsh is a Research Fellow at the Peace Research Institute Oslo (PRIO).


15 Comments

Will U.S.-Russian competition make it more difficult to control the global arms trade?

3/11/2015

1 Comment

 
Natalie GoldringNatalie Goldring
According to recent press accounts, Russia is considering selling advanced mobile anti-aircraft missile systems to Iran. Russia is already moving toward delivering the same system to Egypt, and has reportedly transferred it to Venezuela as well. According to The Guardian, the manufacturer claims that the system is effective against missiles, fixed-wing aircraft, drones, and precision-guided bombs.

The Russian resurgence in the international arms trade challenges recent U.S. supremacy in this arena. According to the Stockholm International Peace Research Institute (SIPRI), from 2004-2008, the United States was responsible for 30 percent of the global weapons trade, with Russia in second place with 24 percent. From 2009-2013, however, the gap between the two countries narrowed significantly, with the United States still in first place at 29 percent, but Russia close behind at 27 percent. With the release of new SIPRI arms trade data in mid-March 2015, the two top suppliers may well switch places.

The United States has signed the global Arms Trade Treaty (ATT), but the prospects for ratification in the near future are dismal at best. Russia has not signed the treaty, and it abstained on the General Assembly vote on ATT passage. Advocates of global control of arms transfers must develop strategies for addressing key suppliers that are not full participants in the treaty. One possibility is seeking synergies among the ATT, the UN Programme of Action on Small Arms and Light Weapons and the UN Register of Conventional Arms to strengthen the nascent global regime on conventional weapons transfers.

Dr. Natalie Goldring is a Senior Fellow in in the Security Studies Program in the Edmund A. Walsh School of Foreign Service at Georgetown University. She is also UN consultant for the Acronym Institute for Disarmament Diplomacy.

1 Comment

Efforts with strong civil society engagement: Arms Trade Treaty, Killer Robots, Explosive Weapons in Populated Areas

3/11/2015

1 Comment

 
Jeff AbramsonJeff Abramson
At least three efforts in which civil society is playing a critical role are set to see progress in the coming months: implementation of the Arms Trade Treaty; banning so-called killer robots; and preventing the use of explosive weapons in populated areas.

With the first Arms Trade Treaty Conference of States Parties to occur in August and many decisions still to be made about the operation of the treaty, states should now move expeditiously to establish robust import and export regimes – where they are lacking – and be explicit about how they are applying treaty criteria to arms transfer decisions. The civil society-led ATT Baseline Assessment Project and Control Arms’ ATT Monitor are already up and running, and should provide a good starting point from which to aid and measure these steps. 

The Campaign to Stop Killer Robots continues to engage all countries on the need to preemptively ban the development, production and use of fully autonomous weapons systems. In January, concerns over such weapons were expressed at the World Economic Forum in Davos. In April, civil society members will be active at a second informal meeting of experts under the Convention on Certain Conventional Weapons (CCW) to discuss emerging "lethal autonomous weapons systems."


Finally, civil society groups and UN agencies continue to raise alarm about the use of explosive weapons with wide area effects in populated areas and their subsequent harm to civilians in Syria, Ukraine and other conflict areas. Organizations working under the International Network on Explosive Weapons have documented statements of concern by at least 40 countries and point to an expert meeting – the third of its kind – to be held in Vienna in September as an opportunity for countries to begin development of an international commitment to stop the practice.

Jeff Abramson is the founder of the Forum on the Arms Trade and Program Manager of Landmine and Cluster Munition Monitor.

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