A/HRC/35/8
transferred arms in accordance with international human rights. While any human rights
risk assessment should be open to considering other elements in order to remain relevant as
situations evolve, the following are considered the most critical:
(a)
Commitment and capacity of the recipient State to comply with and
implement its human rights law obligations:
(i)
Ratification of international and/or regional human rights instruments;
(ii)
Existence of a national legal framework that provides human rights
protection in accordance with the international and/or regional instruments to which
it is a party;
(iii) Existence of legislative and other measures to address violence against
women, gender-based violence and violence against children;
(iv) Existence of a competent, independent, impartial judiciary and independent
human rights monitoring bodies, including a national human rights institution;
(v)
Training of the armed forces in international humanitarian law and
integration of international humanitarian law into military doctrine, manuals and
instructions;
(vi) Training of police and other law enforcement officials in international human
rights law and integration of international human rights law into law enforcement
manuals, instructions and operating procedures;
(vii) Cooperation with international and regional human rights mechanisms and
international judicial mechanisms, including the International Criminal Court;
(b)
Respect for human rights in the recipient State:
(i)
Past and present record of respect for international human rights law,
particularly during military and/or law enforcement operations having recourse to
arms;
(ii)
Past and present record of gender-based violence and violence against
women, including when committed with or facilitated by the type of arms that are
the subject of the proposed transfer;
(iii) Past and present record of violence against children and/or the recruitment of
children into, and their use by, the armed forces or non-State armed groups,
including committed with or facilitated by the type of arms that are the subject of the
proposed transfer;
(iv) Past and present record of significant and persistent pattern or patterns of
discrimination or oppression against individuals or groups, including minorities;
(v)
Where serious human rights violations or abuses have occurred over recent
years, the nature and range of the human rights violated, the scale and impact of the
violations or abuses, the type of victims and the extent to which the violations or
abuses constitute a pattern or emerging patterns;
(vi) Past and present record of measures to end human rights violations and
abuses, ensure accountability for violations, prevent their reoccurrence and provide
effective remedy to victims;
(c)
Capacity of recipient State to control use of transferred arms in accordance
with international human rights law:
(i)
Ratification of international and/or regional arms transfer instruments,
including the Arms Trade Treaty;
(ii)
Effective national arms control system, legislation and procedures in place
that accord with international and regional arms transfer standards, such as those key
components of an arms control regime provided for in articles 5 and 8-14 of the
Arms Trade Treaty, and include prohibitions on the transfer of arms that may be
used in the commission or facilitation of violations and abuses of international
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