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Small Arms and Light Weapons

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The Rt Hon. Tony Blair MP
10 Downing Street
London SW1A 2AA
United Kingdom

Fax: 44 20 7925 0918

12 June 2001


Dear Prime Minister,

Re: Priorities for arms control at EU-US Summit

We are writing on the occasion of the EU-US Summit on 14 June, to urge you to take joint steps to curb the unregulated flow of arms, including moving forward on a common set of norms on arms transfers and endorsing a progressive agenda for the UN 2001 Conference on Small Arms and beyond.

A key priority is to move quickly toward establishing a set of common arms export criteria, preferably in a legally binding format. Both the United States and European Union Member Governments have already committed to building international standards for regulating arms exports. Operative provision 11 of the EU Code of Conduct on Arms Exports commits Member States to encourage other arms exporting states to subscribe to the principles of the Code. The US International Arms Sales Code of Conduct Act of 1999 commits the US President to take steps to begin negotiations aimed at establishing an international arms sales code of conduct. Furthermore, in a joint declaration issued at the last EU-US summit in December 2000, it was stated that the US and the EU share a common vision on the question of arms exports, that they had special responsibilities in this respect, and that they were committed to promoting the highest possible standards of conduct and enhanced export control practices. Such commitments should translate into a comprehensive agreement on arms exports as soon as possible.

In addition, we urge you to play a leading role in making the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects a success. This Conference, to be held from 9 to 20 July, represents a unique opportunity to address the urgent problems of the proliferation, misuse and abuse of small arms and light weapons (SALW). It is crucial that the US and the Member States of the EU work together to advance a meaningful and substantive "Programme of Action" which develops and raises international standards concerning the trade in and use of these classes of weapon. Together, the EU and the US include three of the Permanent Five members of the UN Security Council, are responsible for approximately three quarters of world arms exports, and provide a substantial proportion of the world's development assistance. Your combined efforts can make a real difference. But where the US and the EU cannot agree a common approach, the likelihood of significant progress will be seriously undermined. The US and the EU share common interests in ensuring that SALW are not used to fuel armed conflict or perpetrate human rights abuses; a failure to grasp this opportunity to promote these interests would be extremely disappointing.

There are a number of specific issue areas where joint EU-US positions are of particular importance, including inter alia the following:

1. The success of the 2001 Conference will depend upon the extent to which states acknowledge and address the link between the authorised and illicit trade in small arms and light weapons. Accordingly, in order for states to make effective progress in tackling the "illicit" trade in small arms and light weapons, states must develop a common understanding of, what constitutes the "illicit" trade in small arms and light weapons and, accordingly, what should be considered legal. There already exists a body of international law which makes clear what constitutes the legal trade. The EU and the US should ensure that this is made explicit within the Programme of Action through the elaboration of internationally agreed criteria governing the international trade in and use of small arms and light weapons, based on States' existing obligations under international law.

2. The Conference must explicitly recognise that on a practical level the authorised and illicit trades in SALW are inextricably linked. Attempts to address the latter while ignoring the former fail to consider the fact that many of the SALW in illicit circulation began their lives as legally manufactured and traded weapons. The means by which arms become illicit, for example through lax end-use controls or poor stockpile management, must be effectively and comprehensively addressed by the Conference. The EU and the US should therefore be at the forefront of negotiations on developing agreements on tightening end-use controls, on effective stockpile management and on the destruction of surplus stocks.

3. In light of the shared political acknowledgement of the need to address the problem of irresponsible arms brokering and trafficking, the existing comprehensive legal controls on arms brokers and traffickers in the US, and recent moves in a number of EU states to tighten their own arms brokering legislation, the EU and US are well placed to endorse calls for an international binding agreement that creates international norms and strengthens national laws to prosecute traffickers and transportation agents who violate those norms. Such an agreement should include a system of registration and a licensing requirement for all brokered arms transfers, as well as penalties for violations.

4. Subsequent to the agreement of the Firearms Protocol, endorsed by all EU member states and the US, the Conference creates the ideal forum to develop an international agreement on the marking and tracing of all SALW, including those covered by state-to-state transfers and transfers for the purposes of national security. This should develop systems for the reliable marking of arms at point of manufacture and import, including the country and date of manufacture, the manufacturer and a unique identifying number for each weapon. There should also be provision for effective record-keeping on arms production, possession and transfer.

5. As the EU (both as an institution and through its Member States) and the US play such a central role in providing development assistance in general, it is vital that they jointly lend strong support for the development of capacity-building mechanisms, as well as for development programmes aimed at reducing demand for SALW. These must be linked to commitments made within the Programme of Action, for example concerning specific commitments to support effective stockpile management through provision of technical and financial assistance. Other examples include supporting and providing funding, training and resources for disarmament and demobilization of ex-combatants and their subsequent rehabilitation and reintegration into civil society.

6. In light of these commitments, the EU and the US should work together to make substantive progress toward instituting internationally agreed standards for controlling arms exports, both within and without the UN Conference process. NGOs have been advocating the conclusion of a legally-binding treaty which codifies states' existing commitments under international law and to this end have developed a draft Framework Convention on International Arms Transfers. On the understanding that such a Convention is consistent with the stated commitments of the EU and US, we therefore call upon the EU and the US to support attempts to develop the Framework Convention as an internationally-binding treaty.

It is also important that the 2001 Conference provides for explicit follow-up mechanisms and a plan for implementation of the Programme of Action. The problems the Conference is intended to address are complex and multi-faceted. If real progress is to be made, the Conference must be viewed as the start, not the end, of an ongoing process. This process, which should include biennial meetings of states along with the five-yearly formal review conference, should link with existing programmes and institutions. It can best be carried forward through meaningful dialogue with the international NGO community and civil society.

Thank you very much for considering our proposals. We wish you a successful Summit.

Yours sincerely,

Paul Eavis,
Director, Saferworld

On behalf of:

James Matlack
Director, Washington Office
American Friends Service Committee

Kate Allen
Director
Amnesty International

Ruth Schmitz
Chair
Amnesty International, Belgium

Carl Söderbergh
Secretary General
Amnesty International, Sweden

Susan Waltz
Chair, Military, Security and Police Working Group
Amnesty International, USA

Lara Blanco
Director
Arias Foundation

Dan Plesch
Director
British American Security Information Council

Tiffany L. Heath
Legislative Director
Church Women United - Washington D.C. Office

Michael Beard
President
Coalition To Stop Gun Violence

Tamar Gabelnick
Director, Arms Sales Monitoring Project
Federation of American Scientists

Loretta Bondi
Advocacy Director
The Fund for Peace

Michel Wery
Groupe de Recherche et d'information sur la Paix et la Sécurité

Joost R. Hiltermann
Executive Director, Arms Division
Human Rights Watch

Martha Honey
Director
Peace and Security Program
Institute for Policy Studies

Eugenia Piza-Lopez
Head of Policy and Advocacy
International Alert

Phil Bloomer
Head of Advocacy
Oxfam GB

Peter Deccy, Executive Director
Peace Action Education Fund

Peter Davies
US Representative
Saferworld

Stephen G. Price
Director, Office of Justice and Peace
Society of African Missions

Peter Brune
Secretary General
Swedish Fellowship of Reconciliation

Jens Peterssen
Secretary General
Swedish Peace and Arbitration Society

For further information, please contact

Saferworld
46 Grosvenor Gardens
London SW1W 0EB
United Kingdom

Tel: 44 (0)20 7881 9290
Fax: 44 (0)20 7881 9291
Email: peavis@saferworld.demon.co.uk

Cc: George W. Bush, President of the United States

Jack Straw, Foreign Secretary, United Kingdom

Jessica Hand, Non-Proliferation Department, Foreign Office

Göran Persson, Prime Minister of Sweden

Anna Lindh, Minister of Foreign Affairs

Sune Danielsson, Special Negotiator on Small Arms, Foreign Ministry

Guy Verhofstadt, Prime Minister of Belgium

Louis Michel, Minister of Foreign Affairs

Marie-France Andre, Head Export Control Department, Foreign Ministry

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