A/HRC/44/29
groups. 73 In particular, this due diligence obligation requires States parties to the
International Covenant on Civil and Political Rights to undertake reasonable positive
measures to respond to reasonably foreseeable threats to life caused by private persons and
entities, whose conduct is not attributable to the State.74 This includes the obligation to take
adequate preventive measures to protect individuals against reasonably foreseen threats of
being murdered or killed by criminals and organized crime or militia groups, including
armed or terrorist groups.75 In this context, the Human Rights Committee has emphasized
that States parties should reduce the proliferation of potentially lethal weapons to
unauthorized individuals within their own borders.76 Therefore, States parties should take
reasonable positive measures to reduce domestic diversion 77 of arms and unregulated or
illicit arms imports.
28.
States parties must also take appropriate measures to ensure that all activities taking
place in whole or in part within their territory and in other places subject to their
jurisdiction, which have a direct and foreseeable impact on the right to life of individuals
outside their territory, are consistent with the right to life. 78 This includes activities
conducted by corporate entities based in the territory of States parties or subject to their
jurisdiction.79 In implementing these measures, States parties must take into account related
international standards of corporate responsibility,80 and the right of victims to obtain an
effective remedy.81 The duty to protect the right to life also requires States parties to take
special measures of protection towards victims of domestic and gender-based violence and
trafficking in persons, including women and girls. 82
29.
Consequently, States parties to the Covenant have a binding due diligence obligation
to take appropriate measures to prevent diversion of arms that has a direct and foreseeable
impact on the right to life of individuals outside their territory. They are also obligated to
take appropriate legislative and other measures to prevent unregulated or illicit arms
transfers that originate with arms corporations based in their territory or subject to their
jurisdiction. All measures taken to protect the right to life must be gender-responsive and
protect women and girl victims of gender-based violence and trafficking in persons.
30.
Article 2 (e) of the Convention on the Elimination of All Forms of Discrimination
against Women explicitly provides that States parties must take all appropriate measures to
eliminate discrimination against women by any person, organization or enterprise.
Accordingly, States parties are obligated to take all appropriate measures to prevent, as well
as to investigate, prosecute, punish and provide reparations for, acts or omissions by nonState actors that result in gender-based violence against women. 83 This includes actions
taken by corporations operating extraterritorially. 84 If a State party fails to take these
measures when it is aware or should be aware of the risk of gender-based violence against
women, it commits a human rights violation.85 Therefore, State parties to the Convention
have a binding obligation to take all appropriate measures to prevent diversion of arms and
unregulated or illicit arms transfers.86
73
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75
76
77
78
79
80
81
82
83
84
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86
10
Ibid., para. 20.
Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 21.
Ibid.
Ibid.
See the definition of “diversion” in section II above, which emphasizes the delivery of arms to
“unauthorized end users”.
Human Rights Committee, general comment No. 36, para. 22.
Ibid.
Ibid., endnote 67, referring to principle 2 of the Guiding Principles on Business and Human Rights.
Ibid., para. 22.
Ibid., para. 23.
Committee on the Elimination of Discrimination against Women, general recommendation No. 35,
para. 24 (b).
Ibid.
Ibid.
See section III above for a discussion of how diversion of arms and unregulated or illicit arms
transfers fuel gender-based violence against women.
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