A/HRC/RES/41/20
Acknowledging that the diversion of arms and unregulated or illicit arms transfers can
have a direct or indirect effect on women and girls, particularly as victims of gender-based
violence, including domestic violence,
Acknowledging also that international human rights law and international
humanitarian law are complementary and mutually reinforcing,
Recalling the principles and provisions relating to international human rights law and
international humanitarian law and to the promotion of responsible action by States, as
contained in the Arms Trade Treaty and in the United Nations Programme of Action to
Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its
Aspects and other relevant instruments,
Reaffirming that all efforts should be made to ensure the cessation of all violations
and abuses of international human rights law and all violations of international humanitarian
law, and to ensure the full respect of these international legal frameworks, as applicable,
Bearing in mind the adoption by the General Assembly of the 2030 Agenda for
Sustainable Development, including target 16.4 of the Sustainable Development Goals, to
significantly reduce illicit arms flows by 2030,
Taking note with appreciation of the report of the Office of the United Nations High
Commissioner for Human Rights on the impact of arms transfers on the enjoyment of human
rights,1 including its recommendations on how States and other relevant stakeholders could
assess the relationship between arms transfers and international human rights law,
1.
Expresses its deep concern at the fact that the diversion of arms and
unregulated or illicit arms transfers by States and non-State actors may seriously undermine
the human rights of individuals, especially women, children, the elderly, persons with
disabilities and vulnerable groups;
2.
Notes with alarm that such diversion of arms and unregulated or illicit arms
transfers can have a severely negative impact on women’s and girls’ full enjoyment of all
human rights, increasing the risk of sexual and gender-based violence, and of violence against
children, as they may be disproportionately affected by the widespread availability of such
arms;
3.
Urges all States to refrain from transferring arms when they assess, in
accordance with applicable national procedures and international obligations and standards,
that there is a clear risk that such arms might be used in the commission or facilitation of
serious violations or abuses of international human rights law or serious violations of
international humanitarian law;
4.
Invites States to consider the recommendations of elements contained in the
above-mentioned report1 to assess the relationship between arms transfers and international
human rights law, with a view to identify and measure the impact of arms transfers on the
enjoyment of human rights;
5.
Requests the Office of the United Nations High Commissioner for Human
Rights to prepare a report, in consultation with States, United Nations agencies and other
relevant stakeholders, on the impact of the diversion of arms and unregulated or illicit arms
transfers on the human rights of women and girls, and to present it to the Human Rights
Council at its forty-fourth session;
6.
Invites all relevant special procedures and commissions of inquiry of the
Human Rights Council and human rights treaty bodies to bear the present resolution in mind
within the framework of their respective mandates;
7.
Decides to remain seized of this issue.
41st meeting
12 July 2019
[Adopted without a vote.]
1
2
A/HRC/35/8.
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