A/HRC/35/8
economic, social and cultural rights. On one hand, arms may be acquired and/or
deployed by States in the discharge of their obligation to protect individuals within
their jurisdictions and establish or re-establish peace and security. On the other hand,
the proliferation of arms, their diversion, illicit or unregulated arms transfers,
transfers to States with insufficient regulation of civilian access to arms and the
subsequent use or potential use of arms, may undermine national, regional and global
peace and security and contribute to serious human rights violations and abuses.
Specific groups of individuals, including women and children, are particularly
vulnerable to violations and abuses of their rights as a result of the transfer and use of
arms.
43.
Systematic collection of information about the transfer and use of all types of
arms and their impact on the whole spectrum of human rights should be ensured. In
that regard, disaggregation of the types of arms according to the seven categories
identified in the United Nations Register of Conventional Arms would be useful. The
collection of such information would enable a better understanding of the relationship
between arms transfers and human rights, and could guide effective actions to
strengthen human rights protection.
44.
One avenue for information collection will be target 16.4 of the Sustainable
Development Goals, and its indicator. In order to achieve a comprehensive
understanding, it would also be important for States to engage in regular, public
reporting on their decisions regarding arms transfer authorizations and actual
transfers. In addition, relevant United Nations mechanisms could carry out systematic
monitoring and reporting on the ways that transfers and the use of arms affect human
rights, and should be provided with the appropriate resources to do so.
45.
Civil society is contributing to building understanding about the human rights
impact of arms transfers, including through its efforts to develop methodologies to
monitor, gather, analyse and make available information on arms transfers. It also
plays an important role in encouraging State compliance with the international law
governing arms transfers, including by highlighting those transfers that have had
detrimental human rights impact and exploring avenues for accountability. Civil
society should continue to make efforts in this regard, with the support of the
international community.
46.
The international treaties regulating arms transfers, including the Arms Trade
Treaty and regional arms transfer instruments, make human rights a primary
consideration in decisions on whether to authorize an arms transfer. All efforts
should continue to be made, including by States, United Nations entities and civil
society, to advance accession to and/or ratification of the Treaty and regional arms
transfer instruments.
47.
Efforts should also continue to be made to ensure compliance with these
instruments and with applicable international law, including international human
rights law, in particular the principles of due diligence and the responsibility for
aiding or assisting in the commission of an internationally wrongful act. United
Nations human rights mechanisms have made a number of important
recommendations on ways to address the human rights impact of arms transfers and
the subsequent use of arms. States should follow up and implement those
recommendations.
48.
In the present report, some elements have been suggested for how to assess the
relationship between arms transfers and human rights in order to strengthen efforts
to effectively protect human rights. Those suggestions may, among other things, also
aid in the implementation of obligations under the Arms Trade Treaty and regional
arms transfer instruments, ensure that human rights considerations are consistently
taken into account and improve accountability and transparency in States’ decisions
on arms transfer authorizations. They could inform the development of a set of
indicators to identify and measure the impact of arms transfers on the enjoyment of
human rights.
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents