Friday, July 20, 2012

A fightback ... of sorts


© Jesper Waldersten
This morning, we heard several enlightened delegations tackle head-on the heart of the new paper on criteria, calling for proposed transfers that would fall foul of the criteria to be automatically denied. Leading the charge were, in alphabetical order, Liechtenstein, Mexico, Norway, Portugal, and Switzerland. Too many other enlightened States, however, hedged their bets or were unnecessarily vague on what specific language they wanted. The Netherlands, for example, said risk assessments were “not for fun”. Even fluffier was the European Union, which stated only that there was "particular work needed" on paragraphs 4, 5, and 6 of the newest proposed text, which deal with the consequences for the proposed transfer where there is a substantial risk that the arms will be used to violate various aspects of international or national law.

Several contras took the floor to decry the latest Chair's draft, as weak as it is. Venezuela stated that the latest paper was not a good basis for consensus. Syria said it would prefer the Chair's previous paper. India said it "cannot join those who showered praise on this [new] paper", which mixed assessments and included aspirational concepts. It could not support a "casual reference" to international criminal law. Ecuador said that criteria should not be based on assumptions or subjectivity (it gave as examples references to socio-economic development or corruption). Papua New Guinea agreed. Egypt stated that it did not understand how a risk assessment would be made in an objective, non-discriminatory manner. It claimed that the only way was for assessments to be based on decisions from competent multilateral bodies.

China complained that its concerns had not been incorporated into the latest draft. It referred to the inclusion of references to international humanitarian law and  international human rights law, and questioned why not include environmental law or other branches of international law? As China felt it was not feasible to be exhaustive it proposed instead the language of “serious violations of international law” (an interestingly novel and broad concept!). It later intervened to propose "...international law, including international humanitarian law and international human rights law". It also called for a new criterion whereby the proposed transfer would not “interfere in the internal affairs of other countries”. 

In a brief but helpful statement, the UK stated that in its view the term "transfer" under international law included gifts or loans, a correct understanding in our view. It called on other delegations to make it clear if they felt this was not correct. There was also a short, rather surprising exchange on "gender-based violence", with the Holy See strongly opposing the inclusion of the word "gender" in the treaty. It found support in this from Algeria, among one or two others.
At the end of the morning session, the Chair said he would issue a new paper on criteria, but would not change the critical wording of only a bare "presumption" against authorisation for irresponsible transfers.

The afternoon session continued the discussion of criteria. While delegates were waiting for the printed copies of the new text to be circulated, Malawi was given the floor. In an extraordinary ten minutes, he began by methodically listing the 70 delegations on whose behalf he was speaking.* At the end of the list he received a well-deserved round of applause just for his efforts. Of more significance, however, the statement included the following remarks:

"On criteria, these must, in the words of the GA resolution 'address the problems relating to the unregulated trade in conventional arms and their diversion to the illicit market'. We need this treaty to prevent authorization of transfer of conventional arms where there is a substantial risk that those weapons would be, inter alia:
- used for, or facilitate, serious violations of international law, including international humanitarian law and human rights law,
- having a destabilizing effect or exacerbating existing conflicts,
- diverted to unauthorized end users."

It remains to be seen whether this is indeed a pivotal moment, but it was certainly an impressive and highly welcome orchestration in favour of a meaningful Arms Trade Treaty. As H. L. Mencken said, "It doesn't take a majority to make a rebellion; it takes only a few determined leaders and a sound cause." In the ensuing debate, Mexico, Switzerland, and Trinidad and Tobago offered suggestions to significantly strengthen the Chair's text, including to require a denial of authorisation each time the criteria were met. Comments from the contras were largely true to previous form. Pakistan said it could not accept a presumption of denial. Indonesia again talked about politicisation. But perhaps the most astonishing of the final statements of the week came from the USA, which reiterated its position that it could not accept absolute prohibitions, since there might be "security imperatives in favour of export". Thus, the land of the brave and the home of the free is openly arguing that its undefined "security imperatives" would justify their exporting weapons in full knowledge and understanding that they were likely to be used to commit genocide or crimes against humanity. Truly, this is a strange, sad world we live in.

So where does that leave us at the end of the third of four weeks of negotiations? Well without a comprehensive draft treaty text for one. The draft was supposed to arrive on Thursday, then on Friday, and now on Monday. Don't hold your breath, though. The President of the Diplomatic Conference has every interest in making delegations wait and forcing them to hammer out a basic agreement in the informal sessions that will be held throughout the weekend and beyond before he dares to put another treaty text on the table. This time, his text needs to be a professional and almost final draft, given how little time remains and accepting that many delegations will need instructions from capital on how to proceed before a treaty could be adopted. One thing is for sure, the process will not be transparent. For, to quote the old joke, "People who love sausages and respect the law should never watch either being made."






* The names of these States are worth noting for posterity: Austria, Belgium, Bulgaria, the CARICOM member states (Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago), Chile, Colombia, the Czech Republic, Denmark, Djibouti, the ECOWAS member states (Benin, Burkina Faso, Cape Verde, Côte d'Ivoire, Gambia, Ghana, Greece, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, Togo), El Salvador, Estonia, Fiji, Germany, Ghana, Guatemala, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malawi, Mexico, the Netherlands, New Zealand, Norway, Palau, Papua New Guinea, Peru, Poland, Portugal, Romania, Solomon Islands, South Africa, South Sudan, Spain, Sweden, Switzerland, Uganda, Uruguay, Vanuatu, and Zambia. Of particular note are the following absentees from the list: Australia, France, Japan, and the UK.

13 comments:

  1. Hello Everybody,
    My name is Mrs Sharon Sim. I live in Singapore and i am a happy woman today? and i told my self that any lender that rescue my family from our poor situation, i will refer any person that is looking for loan to him, he gave me happiness to me and my family, i was in need of a loan of S$250,000.00 to start my life all over as i am a single mother with 3 kids I met this honest and GOD fearing man loan lender that help me with a loan of S$250,000.00 SG. Dollar, he is a GOD fearing man, if you are in need of loan and you will pay back the loan please contact him tell him that is Mrs Sharon, that refer you to him. contact Dr Purva Pius,via email:(urgentloan22@gmail.com) Thank you.

    BORROWERS APPLICATION DETAILS


    1. Name Of Applicant in Full:……..
    2. Telephone Numbers:……….
    3. Address and Location:…….
    4. Amount in request………..
    5. Repayment Period:………..
    6. Purpose Of Loan………….
    7. country…………………
    8. phone…………………..
    9. occupation………………
    10.age/sex…………………
    11.Monthly Income…………..
    12.Email……………..

    Regards.
    Managements
    Email Kindly Contact: urgentloan22@gmail.com

    ReplyDelete
    Replies
    1. Hello Everybody,
      My name is Ahmad Asnul Brunei, I contacted Mr Osman Loan Firm for a business loan amount of $250,000, Then i was told about the step of approving my requested loan amount, after taking the risk again because i was so much desperate of setting up a business to my greatest surprise, the loan amount was credited to my bank account within 24 banking hours without any stress of getting my loan. I was surprise because i was first fall a victim of scam! If you are interested of securing any loan amount & you are located in any country, I'll advise you can contact Mr Osman Loan Firm via email osmanloanserves@gmail.com

      LOAN APPLICATION INFORMATION FORM
      First name......
      Middle name.....
      2) Gender:.........
      3) Loan Amount Needed:.........
      4) Loan Duration:.........
      5) Country:.........
      6) Home Address:.........
      7) Mobile Number:.........
      8) Email address..........
      9) Monthly Income:.....................
      10) Occupation:...........................
      11)Which site did you here about us.....................
      Thanks and Best Regards.
      Derek Email osmanloanserves@gmail.com

      Delete
  2. Hello Everybody, My name is Mrs Sharon Sim. I live in singapore and i am a happy woman today? and i told my self that any lender that rescue my family from our poor situation, i will refer any person that is looking for loan to him, he gave me happiness to me and my family, i was in need of a loan of S$250,000.00 to start my life all over as i am a single mother with 3 kids I met this honest and GOD fearing man loan lender that help me with a loan of S$250,000.00 SG. Dollar, he is a GOD fearing man, if you are in need of loan and you will pay back the loan please contact him tell him that is Mrs Sharon, that refer you to him. contact Dr Purva Pius,via email:(urgentloan22@gmail.com)

    ReplyDelete
  3. Are you in need of a loan? Do you want to pay off your bills? Do you want to be financially stable? All you have to do is to contact us for more information on how to get started and get the loan you desire. This offer is open to all that will be able to repay back in due time. Note-that repayment time frame is negotiable and at interest rate of 3% just email us creditloan11@gmail.com

    ReplyDelete
  4. DO YOU NEED A LOAN TO START A BEFITTING NEW YEAR!!!!!!

    Are you a business man or woman? Are you in any financial stress? Or do you
    need money to start your own business?

    Do you have a low credit score, and you will find it difficult to get loans
    from local banks and other financial institutions? solution to your
    financial problem is Mrs. Pranchment Dura The Terms and Conditions are very simple
    and considerate.You will never regret any thing in this loan transaction because i will
    make you smile through out this transaction, because you where not born to be a loser

    Email (Emaill Address: hititseramik.com.tr@consultant.com)
    Emaill Address:bdsfn.com@gmail.com)

    Our services include the following:

    * Personal Loans
    * Debt consolidation loans
    * Possibility
    * Business Loans
    * Education Loans
    * Mortgage
    *Refinancing Loans
    * Home Loans
    *Secure Loans
    *Unsecured Loans

    We offer loans at 1% interest rate

    We offer loans to people in need of financial assistant with a low interest
    rate of 1%. In order to get a loan with this company, you can tell the exact amount of
    loan you need and the time in which you can pay back the loan.

    NOTE: You are required to email us on:Email (Emaill Address: hititseramik.com.tr@consultant.com)
    Emaill Address:bdsfn.com@gmail.com)

    ReplyDelete
  5. My name is Mrs Sharon Sim. I live in Singapore and i am a happy woman today? and i told my self that any lender that rescue my family from our poor situation, i will refer any person that is looking for loan to him, he gave me happiness to me and my family, i was in need of a loan of S$250,000.00 to start my life all over as i am a single mother with 3 kids I met this honest and GOD fearing man loan lender that help me with a loan of S$250,000.00 SG. Dollar, he is a GOD fearing man, if you are in need of loan and you will pay back the loan please contact him tell him that is Mrs Sharon, that refer you to him. contact Dr Purva Pius,via email:(urgentloan22@gmail.com)

    ReplyDelete
  6. Are you in need of a loan? Do you want to pay off your bills? Do you want to be financially stable? All you have to do is to contact us for more information on how to get started and get the loan you desire. This offer is open to all that will be able to repay back in due time. Note-that repayment time frame is negotiable and at interest rate of 3% just email us (urgentloan22@gmail.com)

    ReplyDelete
  7. My name is.Mrs.Anna Daniel. I live in Ukraine i am a happy woman today? i need to use this time to tell all people how i got my loan from this honest and God fearing man loan lender that help me with a loan of $84,000 please contact him. if you also need a loan without any problem he name is Dr Purva Pius email {urgentloan22@gmail.com} tell him that is Mrs.Anna Daniel that refer you to he contact Email {urgentloan22@gmail.com}

    ReplyDelete
  8. My name is.Mrs.Anna Daniel. I live in Ukraine i am a happy woman today? i need to use this time to tell all people how i got my loan from this honest and God fearing man loan lender that help me with a loan of $84,000 please contact him. if you also need a loan without any problem he name is Dr Purva Pius email {urgentloan22@gmail.com} tell him that is Mrs.Anna Daniel that refer you to he contact Email {PurvaPius22@gmail.com}


    BORROWERS APPLICATION DETAILS


    1. Name Of Applicant in Full:……..
    2. Telephone Numbers:……….
    3. Address and Location:…….
    4. Amount in request………..
    5. Repayment Period:………..
    6. Purpose Of Loan………….
    7. country…………………
    8. phone…………………..
    9. occupation………………
    10.age/sex…………………
    11.Monthly Income…………..
    12.Email……………..

    Regards.
    Managements
    Email Kindly Contact: {PurvaPius22@gmail.com}

    ReplyDelete
  9. We Offer Loan At A Very Low Rate Of 3%. If Interested, Kindly Contact Us Now.email us now reply to email (urgentloan22@gmail.com)

    ReplyDelete


  10. Do you need Personal Loan?
    Business Cash Loan?
    Unsecured Loan
    Fast and Simple Loan?
    Quick Application Process?
    Approvals within 24-72 Hours?
    No Hidden Fees Loan?
    Funding in less than 1 Week?
    Get unsecured working capital?
    Contact Us At :oceancashcapital@gmail.com
    Phone number :+1-6474-864-724 (Call/Whats app)

    LOAN SERVICES AVAILABLE INCLUDE:
    ================================
    *Commercial Loans.
    *Personal Loans.
    *Business Loans.
    *Investments Loans.
    *Development Loans.
    *Acquisition Loans .
    *Construction loans.
    *Business Loans And many More:

    LOAN APPLICATION FORM:
    =================
    Full Name:................
    Loan Amount Needed:.
    Purpose of loan:.......
    Loan Duration:..
    Gender:.............
    Marital status:....
    Location:..........
    Home Address:..
    City:............
    Country:......
    Phone:..........
    Mobile / Cell:....
    Occupation:......
    Monthly Income:....

    Contact Us At :oceancashcapital@gmail.com
    Phone Number:+1-6474-864-724 (Call/Whats app)

    ReplyDelete
  11. Hello Everybody,
    My name is Ahmad Asnul Brunei, I contacted Mr Osman Loan Firm for a business loan amount of $250,000, Then i was told about the step of approving my requested loan amount, after taking the risk again because i was so much desperate of setting up a business to my greatest surprise, the loan amount was credited to my bank account within 24 banking hours without any stress of getting my loan. I was surprise because i was first fall a victim of scam! If you are interested of securing any loan amount & you are located in any country, I'll advise you can contact Mr Osman Loan Firm via email osmanloanserves@gmail.com

    LOAN APPLICATION INFORMATION FORM
    First name......
    Middle name.....
    2) Gender:.........
    3) Loan Amount Needed:.........
    4) Loan Duration:.........
    5) Country:.........
    6) Home Address:.........
    7) Mobile Number:.........
    8) Email address..........
    9) Monthly Income:.....................
    10) Occupation:...........................
    11)Which site did you here about us.....................
    Thanks and Best Regards.
    Derek Email osmanloanserves@gmail.com

    ReplyDelete
  12. To Whom It May Concern

    ATTN,

    Are you in need of a loan or Investment funding ? we give out all kinds of loans with a very low interest rate of 2%. Contact SKY GROUP PLC For more info, Do contact him with your detailed loan proposal

    TYPES OF LOANS.


    Auto Loans
    Mortgage loans
    Business Loans
    Personal Loans
    Real Estate Loan.

    REQUIRED INFO.

    1.Full Name:
    2.Loan Amount Needed:
    3.Loan Duration:
    4.Country:
    5.Mobile No:

    Contact Person:Mr. Paul Fredrick
    Position: Manager
    Email: skygroupplc@gmail.com
    © 2017 SKY GROUP PLC

    ReplyDelete