090305_first_ATT - Australian Permanent Mission to the United Nations

Australian Permanent Mission to the United Nations

New York

Permanent Mission address: 150 East 42 Street, Level 33, New York, New York 10017 - Telephone: 1 212 351 6600 - Fax: 1 212 351 6610

Statement by Sarah de Zoeten, First Secretary, Australian Permanent Mission to the United Nations to the Open Ended Working Group towards an Arms Trade Treaty: Establishing Common International Standards for the import, export and transfer of Conventional Arms on the Consideration Of The Parameters Of A Potential Arms Trade Treaty

5 March 2009

(As delivered)

Thankyou Mr Chairman

Australia believes a legally binding, multilateral treaty on the transfer of arms would bring much needed transparency and accountability.

As we mentioned yesterday, we agree that the treaty should recognize the inherent right of all States to self-defence in accordance with Article 51 of the Charter and as such, the right of all States to manufacture, tranfer, import and export, and retain conventional weapons for legitmate security and self-defence.
We believe that a treaty should codify and universalize existing best practice in the responsible transfer of conventional weapons and, while doing this, a well-crafted Arms Trade Treaty would also provide greater assurance for legitmate trade.

One of the key questions we must consider is what specific conditions would preclude transfer of arms under the treaty. For Australia this should include any transfer which could:

- breach international or regional embargoes
- be used by criminal groups (including terrorists)
- be diverted to unauthorised users; or
- be contrary to the UN Charter or UN Security Council resolutions

An Arms Trade Treaty should also take into account the uses of the goods. In this regard, we note the existing obligation on all States under the universally ratified Geneva Conventions to ensure respect for international humanitaran law. We must consider this obligation when addressing transfers under the treaty.

An Arms Trade Treaty should also take into account such factors as the prevention of a breach of human rights and the prevention of the destabilising accumulation of arms.

The Treaty should also oblige States to only transfer certain items, such as MANPADS, to governments or authorized representatives.

Australia believes that an Arms Trade Treaty should not be prescriptive with regard to national implementation, which should be the responsibility of each Member State. States must take primary responsibilty for controlling imports and exporting States should have the responsibility to satisfy themselves that the import regulations of the receiving State have been met.

Public transparency is also an essential element which would contribute to general peace and security as a confidence-building measure. Information exchange is also important to assist in identifying and addressing points of diversion. Of course confidential information-sharing would also be necessary at the operational level.

Finally, international assistance should be a key element of the Treaty, including the need for capacity-building. Australia recognises the critical role international cooperation and assistance can provide in strengthening and supporting capacity building and institutional strengthening to achieve Arms Trade Treaty implemntation. Australia’s experience demonstates that this support needs to be long-term, timely and context-specific.

Our experiences also demonstate that devastating impact that conflict and illicit small arms and light weapons transfers can have on hard-won development gains including achievement of the Millennium Development Goals. It is critical that we recognise the relationship between illicit transfers and their adverse affects on sustainable development in vulnerable communities.

Thankyou Mr Chairman.