Good morning.
My name is Richard Arbeiter. I am the director general of the international security policy bureau at Global Affairs Canada.
It is my pleasure to speak to you today. My colleague, Wendy Gilmour, will speak shortly to the details of Bill C-47, which would make amendments permitting Canada's accession to the Arms Trade Treaty, or ATT.
I will address the Arms Trade Treaty, itself—its origins, objectives, advantages, and contributions to an effective rules-based international system.
The proliferation of conventional weapons through illicit or unregulated arms trade represents a significant challenge to international peace and security. Vulnerable populations, including women and girls, are particularly at risk.
Either through a lack of regulation or illicit trade, conventional weapons proliferation can have the following effects: intensify and prolong conflict, leading to regional instability; contribute to violations of international humanitarian law and human rights abuses; hinder social and economic development; and benefit criminals and terrorists.
Canada has long recognized this threat. Indeed, Canada has been at the forefront of promoting export controls as a means to reduce the risks posed by illicit, unregulated trade.
Others too, including our closest allies and like-minded partners, alongside members of civil society, shared Canada's concerns about this challenge.
They determined that there was a need for a clear, internationally agreed-upon set of rules to regulate legitimate arms and thereby reduce the potential for the destabilizing proliferation of conventional weapons. The ATT has its origins in this understanding.
Intensive international negotiations, under the auspices of the United Nations, took place in 2012-13, leading to the development of the Arms Trade Treaty.
The ATT was successfully adopted by the UN General assembly in 2013 by a vote of 153 to three. Only Syria, North Korea, and Iran voted against it. A total of 130 states signed the ATT, and, at this point, 92 have deposited their instruments of ratification or acceded and are now states parties.
For exporting states, including Canada and our allies, one of the primary objectives for the ATT was the desire to see stronger export control standards applied globally, as a measure to combat the many dangers that come from unregulated or illicit conventional arms trade. As well, promoting systematic, considered, and effective decision-making on arms exports ensures that legitimate arms trade can continue in a transparent and responsible manner. Setting clear standards also creates a level playing field for legitimate members of the defence industry.
States affected by armed conflict and instability valued the opportunities afforded by the ATT to improve their national security and the safety of their communities by reducing illicit arms transfers into their territory.
This was also an opportunity to ensure strong humanitarian outcomes through the ATT. Indeed, a primary focus of the ATT is the need to protect innocent victims in conflict situations.
I would now like to turn to the advantages of the Arms Trade Treaty. Fundamentally, the ATT aims to reduce the widespread availability and misuse of weapons due to illicit, unregulated, or poorly regulated arms trade. To do so, the ATT requires states to have, or to put in place, an effective arms control system to regulate legitimate arms trade.
According to article 1 of the treaty, it sets “the highest possible common international standards” for regulating international arms trade. These standards include provisions in article 6 and article 7 of the ATT, which obligate states to undertake an assessment of how the potential exports will be used.
Article 6 sets out prohibitions where arms must never be exported, for example in cases where they could be used to commit or facilitate genocide or would violate UN arms embargos.
Article 7 lays out assessment factors that a state must take into account when considering individual exports. Article 7 also requires states to not export arms if there is an overriding risk of serious violations of, for example, international human rights law or international humanitarian law. For the first time in an international treaty, this includes an assessment of the potential impact on women and children, including gender-based violence.
Overall, Canada already meets most of the obligations of the ATT, although we must make certain important changes to fully comply with two of its provisions.
As Minister Freeland noted in her speech to Parliament on June 6 that outlined Canada's foreign policy objectives, “Canada has been deeply engaged in, and greatly enjoyed the benefits of, a global order based on rules.” The ATT is part of this effective rules-based international system. Canada's accession provides us an invaluable opportunity to further engage in and strengthen that system. By undertaking legislative changes to join the ATT, Canada will be taking a stronger role in joining our allies to ensure that states have strong and rigorous export controls.
We are lending our voice, alongside the vast majority of our allies, to international efforts to better control the flow of conventional weapons. Our accession to the ATT provides Canada with an additional forum to work with international partners to further improve the practice of export controls globally.
While our existing standards do meet the majority of ATT obligations, for Canada and our allies, accession to the ATT is about reinforcing and promoting our commitment to responsible arms trade.
For many other states, meeting the common standard of the ATT will represent a significant step toward better controlling the conventional weapons that flow through their territories. It is working. A number of states are now working actively to improve national legislation and export control regulation to allow them to join the ATT and meet its obligations. In this way the ATT helps to prevent the export of arms into conflict zones from states that have weak or no export control regimes. It can also make it more difficult for weapons to be acquired through diversion or other illicit means.
Canada is concretely supporting this objective, including through a $1-million contribution to the UN Trust Facility Supporting Cooperation on Arms Regulation. This flexible mechanism has an impressive track record of supporting states pursuing ATT accession. Canada's contribution will support implementation of the treaty in regions affected by illicit and irresponsible trade in conventional arms. As an example, in 2006 this UN facility contributed to efforts by Ghana, Namibia, and Zambia to prepare legislation and regulations on brokering controls. This facility has also been active in funding projects across the Pacific island states to promote the inclusion of ATT standards in regional frameworks and national systems.
While we are confident the ATT will make a contribution to improving export controls globally, questions have been raised about its effectiveness, given that a number of major exporting states have chosen to remain outside it. First, while this is true, a significant number of other major exporters of arms, including all members of the European Union, are state parties. Second, the effectiveness of an international treaty cannot only be measured by how many member states it has but by the current and downstream impact it has on the behaviour of those both inside and outside the treaty.
Treaties like the ATT establish international norms that can influence even those who choose to remain outside. The Ottawa convention, or anti-personnel landmines convention, is a prime example of this. Twenty years on, it has set a clear standard against the use of these weapons. This norm has affected the behaviour not only of state parties but of those outside the treaty, many of whom have significantly reduced their use of landmines.
It is fair to say that the full effects of the ATT on international norms will not be experienced overnight. This is typical of international conventions. Over time, as more states undertake the changes necessary to join the treaty, the ATT will continue to contribute to the establishment of a universal standard, setting the bar for what represents responsible trade in arms.
Having outlined the ATT's advantages and contributions, I would also like to clearly address what the treaty does not cover.
The ATT does not place restrictions on the types or quantities of arms that may be bought, sold, or possessed by states. Instead it seeks a global standard on how the impacts of those arms should factor into where they are exported.
The ATT also does not impact, and I would like to underline this, domestic gun control laws or other firearm ownership policies. The sovereign right of states to regulate and control conventional arms in their territory is clearly recognized in the treaty. As the ATT was being negotiated in 2012, additional preambular language proposed by Canada was agreed that recognizes “the legitimate trade and lawful ownership, and use of certain conventional arms for recreational, cultural, historical, and sporting activities”.
The ATT also does not impose new reporting requirements on Canada. It does not require that Canada create a registry of individuals who legally own conventional arms. The reporting obligations in the ATT in article 13 expressly state that the data that is reported to the Arms Trade Treaty secretariat can be identical to what was listed in annual reports to the United Nations Register of Conventional Arms for the specific items covered by the Arms Trade Treaty. Canada has been filing these reports for nearly 25 years, since 1993. The treaty entails no new reporting requirements for Canada.
Article 12, which requires that each state party maintain national records of exports, is also not a new obligation for Canada. Canadian exporters are currently required to keep relevant records to demonstrate that they are in compliance with the Export and Import Permits Act. They have been required to do so for decades. These obligations for exporters will not change.
These records, which are specific to the administration of export and import permits, are only retained in Canada. There is no requirement in the ATT to share national records with other members or with the ATT secretariat. This ensures that personal and business confidential information will remain protected. The Arms Trade Treaty is the first international treaty that seeks to address the problems caused by the illicit trade in conventional arms. By acceding to it, Canada will be joining many of our allies, and we will be serving as a role model for the rest of the world.
With this broad introduction to the ATT and its origins, objectives, advantages, and contributions to an effective, rules-based international order, I will now turn the floor over to my colleague Ms. Wendy Gilmour. She will speak to the specific changes proposed in Bill C-47 and how they will be implemented.
Thank you.
