A/HRC/44/29 III. Impact of unregulated or illicit arms transfers and diversion of arms on the human rights of women and girls 10. Ten of the Sustainable Development Goals contained in the 2030 Agenda for Sustainable Development refer to the importance of arms control. 23 In his 2018 Agenda for Disarmament, the Secretary-General also recognized that arms control helps to end conflicts, secure peace and ensure respect for principles of humanity. 24 The SecretaryGeneral has further underscored that preventing diversion of arms and unregulated or illicit arms transfers is a fundamental aspect of arms control25 because it secures the peace and saves lives.26 11. Human rights mechanisms, States and research organizations have collected statistics and information that reflect the multiplier effect that diversion of arms and unregulated or illicit arms transfers have on human rights abuses and violations. 27 Several special procedure mandate holders have also emphasized the importance of preventing diversion of arms and unregulated or illicit arms transfers. A number of relevant recommendations have also been made in this regard during the universal periodic review. 28 For example, the Democratic Republic of the Congo was encouraged to address the accumulation and illicit transfer of small arms and light weapons through improved stockpile management, effective prosecution of unauthorized sellers and distributors and progression of legislative controls.29 With regard to Germany, comprehensive strengthening of arms export licensing controls to prevent arms from being used to commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children was also recommended.30 A. Gender-based violence 12. Gender-based violence is violence that is directed at a person based on discriminating norms and practices relating to his or her specific, sex, gender or role in society.31 It includes, but is not limited to, physical violence, sexual violence, psychological 23 24 25 26 27 28 29 30 31 See Goal 3 (Good health and well-being); Goal 4 (Quality education); Goal 5 (Gender equality); Goal 8 (Decent work and economic growth); Goal 10 (Reduced inequalities); Goal 11 (Sustainable cities and communities); Goal 14 (Life below water); Goal 15 (Life on land); Goal 16 (Peace, justice and strong institutions); and Goal 17 (Partnership for the Goals). Securing Our Common Future: An Agenda for Disarmament, p. 33. Ibid., pp. x, 33, 40–41 and 44. Ibid., p. x. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, for example, has indicated that there are approximately 2 million unlawful small arms and light weapons circulating within the borders of Burkina Faso (A/HRC/25/59/Add.1, para. 26). He also reported that arms provided by States to armed groups in the Syrian Arab Republic and Iraq had ultimately fallen into the hands of Islamic State in Iraq and the Levant (A/HRC/29/51, para. 17). The Special Rapporteur on extrajudicial, summary or arbitrary executions has noted evidence of widespread use of cluster munitions by armed groups in dozens of urban and rural locations in Ukraine (see A/HRC/32/39/Add.1). The Independent Expert on the situation of human rights in the Sudan noted that there were an estimated 700,000 weapons in illegal circulation across Darfur (A/HRC/39/71, para. 9). The Special Rapporteur on the situation of human rights in Eritrea has reported on illicit arms transfers between States and Eritrea in violation of a Security Council arms embargo (see A/HRC/38/50 and A/HRC/35/39) See also the contribution of Mexico, indicating that over 230,000 illicit firearms enter Mexico through its northern border every year. See also the contributions of Airwars, Control Arms and the Women’s International League for Peace and Freedom for a discussion of specific instances of diversion of arms and unregulated or illicit arms transfers that have an impact on civilians in Iraq, Libya, Nigeria, the Syrian Arab Republic, Yemen and Latin America. See A/HRC/42/5, A/HRC/39/9, A/HRC/30/12, A/HRC/23/8, A/HRC/23/6 and A/HRC/19/12. See A/HRC/42/5. See A/HRC/39/9. See OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice (New York and Geneva, 2018). It is also important to note that homophobic and transphobic violence are a form of gender-based violence that is driven by a desire to punish those seen as defying gender norms (A/HRC/19/41, para. 20). 5

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