MODEL LETTER TO HOME GOVERNMENT – TO BE SENT BY AI ONLY OR WITH NGO PARTNERS

H.H. Hr. Andrey V. Tsyganov Ambassador

Russian Embassy=

Túngötu 24

101 Reykjavík &= nbsp; &nbs= p; &= nbsp; &nbs= p; Reykjav&iac= ute;k 14.05.2010

Your Excellency

As your government prepares for the first Preparatory Committee to deliberate on the content of an international Arms Trade Treaty in July 2010, we write to stress the urgent need for an effect= ive treaty that will stop irresponsible arms transfers and help stop human righ= ts violations, save lives, and protect livelihoods. As a globally important pa= rticipant in the international arms trade, the Russian Federation has a particularly significant role to play in these Treaty deliberations. We urge you to use this role to respond to the needs of those who bear the human co= st of the irresponsible arms trade, and to build on existing commitments which= the Russian Federation has made in this area.

This week, from 10 to 16 May, civil society organisations in over 110 countries are reminding governments that the poor= ly regulated global trade in conventional arms and ammunition has an enormous human cost. Every day, thousands of people are killed, injured, raped and forced to flee from their homes as a result of conflict, armed violence, and human rights violations and abuses perpetrated using conventional arms.

Inadequate and loophole-ridden regulation of international transfers of conventional arms permits such weapons, equipment and munitions to be supplied to those violating human rights: destroying li= ves and threatening livelihoods Some of these devastating effects are summarise= d in the accompanying briefing document: “Killer Facts; the impact of t= he irresponsible arms trade on lives, rights and livelihoods.”<= /o:p>

The Arms Trade Treaty will address a glaring ga= p in international law. While there are treaties to regulate the global trade of many products, from bananas and dinosaur bones, there are no international rules for the trade in conventional weapons: products specifically designed= to kill and injure. Governments are finally addressing this gap.

We welcome the Russian Federation’s exist= ing commitments, within the scope of the Principles Governing Arms Transfers of= the Organisation for Security and Cooperation in Europe (OSCE) to “take i= nto account…the respect for human rights and fundamental freedoms” = of the recipient state when considering arms transfers. Equally, we recognise = the Russian Federation’s commitment as a member of the Wassenaar Arrangem= ent to avoiding international arms transfers that will contribute to “the violation and suppression of human rights and fundamental freedoms”, = as agreed in the Arrangement’s 1998 Plenary. Recognise a consonance betw= een the protection of rights and freedoms in the field of arms transfers, and t= he security of all states, we urge the Russian Federation to build u= pon these commitments in developing robust rules governing arms transfers within the Arms Trade Treaty.

A “strong and robust” treaty with “the highest possible common international standards”, = as mandated by UN General Assembly resolution 64/48, is one that prevents international transfers of conventional arms where there is credible and reliable information indicating a substantial risk that the intended recipi= ent is likely to use those arms to commit or facilitate grave harm, including:<= o:p>

· serious violations of international human rights law or international humanitarian law,

· acts of genocide or crimes against humanity,

· terrorist attacks,

· gross and systematic armed crime and violence,<= o:p>

· actions that seriously undermine socio-economic development and poverty eradication.

The treaty must require states to undertake a rigorous risk assessment when considering transferring weapons to another state. Where the risk of huma= n harm is too high, the transfer must be prohibited.

To be effective the Arms Trade Treaty must regu= late the global trade of:

· all types of conventional military, security and police armaments, weapons and related materiel, including small arms and li= ght weapons;

· conventional ammunition and explosives used for= the aforementioned;

· weapons, ammunition and equipment deployed in the use of force by police and security forces;

· components, expertise and equipment essential f= or the production, maintenance and use of the aforementioned; and

· dual-use items that can have a military, securi= ty and police application.

To avoid loopholes, the Treaty must also regula= te all types of international transfer (import, export, transit, gifts, loans = and other transfers) and the transactions essential for a transfer in each case (including brokering activity). Given the R= ussian Federation’s comprehensive and strongly-enforce= d national arms transfer controls, it is clearly in the Russian Federation’s interests for all states to adopt similarly comprehensive controls: both to protect the security and rights of states and individuals, and to prevent t= he proliferation of Russian-origin weapons systems widely produced and traded, often without authorisation, around the world.

Transparency in the international arms trade mu= st be enhanced through robust reporting and record-keeping provisions. To ensure effective implementation= , the Treaty should enforcement and dispute resolution mechanisms, and procedures= for international cooperation and assistance.

Please use the forthcoming UN Preparatory Commi= ttee (PrepCom) meetings in July to signal your government’s intent to negotiate an Arms Trade Treaty with these essential elements.

Yours sincerely,

Jóhanna K. Eyjólfsdóttir

Director

Amnesty International Icelandic Section