Det er positivt, at FN har vedtaget en traktat om våbenhandel, men mellemmændene kan gemme sig i traktatens smuthuller, lyder det fra NGO, der overvåger den internationale våbenhandel.
April 2, 2013 (New York): The newly adopted United Nations Arms Trade Treaty is to be applauded for establishing international standards for the legal trade, but misses the mark on the linchpin of illicit weapons trafficking, the Conflict Awareness Project (CAP) states in a press release on tuesday.
While recognizing the historic effort meant to save lives and protect vulnerable communities around the world, the CAP is concerned that the arms middlemen may have effectively evaded the new global rulebook.
The new Treaty’s article on brokering contains two sentences that fail to create a compulsory international standard. Without an agreed upon robust definition of an arms broker and a mandatory registration and licensing system, governments have no requirement to smooth out uneven domestic laws or close existing loopholes on the arms middlemen.
Kathi Lynn Austin, executive director of CAP, an international non-governmental organization that investigates major arms trafficking networks, explains the problem:
“There are four primary actors involved in an international arms deal: supplier, broker, transporter, and end-user. But only one facilitates this transaction from start to finish – the arms broker,” said Ms. Austin.
“Since the broker is the central actor using the cover of legitimate business to divert weapons into the illicit trade, of all actors, this is the one requiring the strictest regulation.”
The only way now to close this gap in the Arms Trade Treaty is during the implementation stage. For those governments committed to the highest international standards, they could start with the Seven Golden Rules recommended by CAP (“GOLDEN RULES” LISTED BELOW).
“The Treaty will only begin to saves lives once nations begin to adopt the critical regulations that will bring life to the words,” said Ms. Austin.
“First and foremost, States that are serious about impeding illicit arms trafficking and protecting the legitimate trade in arms should implement a mandatory licensing and registration regime for all arms brokers, including transporters and other facilitators, and make that data available to relevant governmental and industry entities.”
“Until then, these middlemen remain comfortably assured of conducting their lethal business as usual.”
The one “silver lining” in the Arms Trade Treaty when it comes to brokers, says Ms. Austin, “is the substantial section on diversion which was included because of strong pressure by progressive states and civil society members of the Control Arms movement.”
Referencing a recent investigation in which CAP exposed a global arms trafficking ring targeting Sudan, Congo and Syria, Ms. Austin explained the threat when illicit arms brokers are not systematically identified and monitored.
“Two brokers, Sergei Denisenko and Andrei Kosolapov, one previously sanctioned for engaging in illicit arms dealing and the other named on government watch lists, were able to start up a trafficking operation based on the unsuspecting island nation of Mauritius. The transnational criminal operation spanned US, UK, Finland, South Africa, UAE and Iran. A rigorous international licensing system for arms brokers would have flagged these two operators and stopped them in their tracks.”
CAP’s independent investigation effectively halted that global operation, and the two brokers fled Mauritius.
“Without a global licensing system for brokers, Denisenko and Kosolapov remain free to re-launch their lethal business elsewhere,” said Austin.
Seven Golden Rules Recommended by CAP to Close the Gap:
Implementation of UN Arms Trade Treaty Provision On Arms Brokers
1. Governments must establish a comprehensive definition of brokering This must cover all activities that facilitate the transfer of arms. Because of the wide range of activities in which brokers may be engaged, the definition should be in broad terms to prevent individuals from exploiting loopholes created by too narrow a definition.
2. Governments must establish obligatory requirements for the national registration of brokers and the licensing of brokering activities. Registration and licensing of activities on a case-by-case basis are necessary to fight illicit brokering and will guarantee a greater control on brokering activities.
3. Exporting and importing States should verify that brokers have been properly registered and licensed. Governments should ensure that brokering activities are appropriately registered and licensed prior to authorizing a transfer. Further, importing states should ensure that all arms transferred to their territory are accompanied by the registration status of the arms broker and the license applicable to the transfer.
4. Governments must regulate the activities of its nationals both within and outside their territory. Without extra-territorial application, traffickers will continue their illicit operations in countries where there is weak regulation or enforcement.
5. Governments should remain proactive in assisting each other in investigations, prosecutions and judicial proceedings in relation to illicit brokering activity.
6. Governments should maintain records and exchange information regarding brokers. The ability to flag certain individuals as potential players in both the legal and illicit trades would help authorities put illicit brokers out of business for good.
7. Governments must establish adequate penalties for violation of arms brokering which includes the classification of brokering violations as criminal offenses under national legislation.
