A/HRC/35/8
arms, including small arms, is part of the prevention of conflict and all forms of violence as
required by the Convention on the Elimination of All Forms of Discrimination against
Women. To that end, the Committee recommended that States parties address the gendered
impact of international transfers of arms, especially small and illicit arms, including
through the ratification and implementation of the Arms Trade Treaty.48
33.
Since the adoption of general recommendation No. 30, the Committee on the
Elimination of Discrimination against Women has consistently raised the issue of arms
transfers with exporting countries. It has recommended that States parties, inter alia: (a)
monitor the impact of the misuse and illicit trade of small arms and light weapons on
women, including those living in conflict zones, and ensure that arms producing
corporations monitor and report on the use of their arms in violence against women;49 (b)
ensure that comprehensive and transparent assessments of the impact of arms exports on
women’s rights are made before approving export licences, particularly to countries where
arms may directly or indirectly be used to violate the rights of women and girls; 50 (c)
integrate a gender dimension into strategic dialogues with recipient countries; 51 (d) ensure
that new legislation to regulate the export of arms includes a strong and robust genderspecific perspective; 52 and (e) conduct rigorous, transparent and gender-sensitive risk
assessments, in accordance with the Arms Trade Treaty. 53
34.
The Committee on the Rights of the Child has been particularly attentive to the
potential impact of arms transfers on children’s rights. In that regard, it has made a series of
recommendations to States parties that are noteworthy, namely to: (a) continue and
strengthen efforts to regularly report on, and make public, information on weapon exports,
and take steps to include information on the end-users of such exports in public reports; (b)
ensure the greatest transparency regarding the transfer of arms; (c) enact legislation to
prohibit the sale or smuggling, export and/or transit of arms to countries where children are
known to be or may potentially be recruited or used in hostilities; (d) consider seeking
assistance from regional and international organisations to apply the criteria of relevant
regional code of conduct on arms export, and undertake a comprehensive analysis on the
impact on children of weapons exports; (e) continue to raise awareness through information
campaigns on the dangers of storing arms and weapons; (f) take measures to ensure that
those responsible for controlling the sale, export or transit of arms are made aware of the
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography and are guided, during the relevant decision-making
processes, by its provisions; and, (g) consider ratifying or expedite ratification of the Arms
Trade Treaty.54
35.
The Committee on Economic, Social and Cultural Rights has recently recommended
to a State party that it conduct thorough risk assessments prior to granting licences for arms
exports and refuse or suspend such licences when there is a risk that arms could be used to
violate human rights, including economic, social and cultural rights. 55
48
49
50
51
52
53
54
55
10
See also CEDAW/C/ERI/CO/5, para. 9 (c).
See CEDAW/C/CHE/CO/4-5, para. 17.
See CEDAW/C/NLD/CO/6, para. 46 (a). See also CEDAW/C/DEU/CO/7-8, para. 28.
See CEDAW/C/FRA/CO/7-8, para. 23.
See CEDAW/C/SWE/CO/8-9, para. 27 (h).
See CEDAW/C/FRA/CO/7-8, para. 23.
See CRC/C/SWE/CO/5, para. 54, CRC/C/OPAC/NLD/CO/1, para. 24, CRC/C/OPAC/BRA/CO/1,
para. 34, CRC/C/OPAC/TKM/CO/1, para. 24, CRC/C/DEU/CO/3-4, para. 77,
CRC/C/OPAC/CHN/CO/1, para. 34, CRC/C/OPAC/UKR/CO/1, para. 26;
CRC/C/OPAC/MNE/CO/1, para. 25, CRC/C/OPAC/MDA/CO/1, para. 15,
CRC/C/OPAC/TUN/CO/1, para. 18, CRC/C/OPAC/GBR/CO/1, para. 33, and
CRC/C/OPAC/USA/CO/1, para. 34. See also CRC/C/OPAC/BEL/CO/1, para. 21, in which the
Committee on the Rights of the Child recommended that the State party review its domestic law on
small arms trade with a view to abolishing any trade in war materiel with countries where persons
under 18 years of age take a direct part in hostilities, either as members of the national armed forces
or as members of non-State armed groups.
See E/C.12/GBR/CO/6, para. 12 (c).
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