Good afternoon. Thank you very much for the invitation. It's an honour.
The protection of civilians, the achievement of sustainable socio-economic development, and the reduction of humanitarian harm in conflict all necessitate preventing irresponsible arms transfers. This is why Oxfam supported the negotiation of the Arms Trade Treaty and now supports universalization and robust implementation of the treaty with a view to reducing human suffering.
For Oxfam, it is important that all states that have not yet done so should become party to the treaty and incorporate it into national legislation. We therefore welcome the Canadian commitment to accede to the treaty.
States parties must strictly comply with the Arms Trade Treaty, which can help protect civilians in even the most difficult situations by placing international humanitarian and human rights law at the centre of arms transfer decisions, giving only secondary concern to commercial considerations.
At the heart of the national implementation of the ATT are the criteria against which the risks associated with each arms transfer will be judged. For Oxfam, it is important that governments follow a process of thorough risk assessment and then explicit decision on whether or not to authorize transfer for all potential transfers, in line with treaty obligations. This can be done using a number of different instruments.
For example, within the EU, arms transfers are subject to the intra-community transfers directive, a lighter touch regulation, which takes account of the economic integration of the EU and the non-sensitive nature of most intra-EU arms trading.
For wider transfers, the U.K., for example, has a system of open licensing where, in cases where the combination of equipment and destination is considered less sensitive, multiple deliveries are permitted under a single licence. Companies using such licences are required to keep careful records and are subject to audit upon demand by government. While we do have concerns in some cases regarding what the U.K. government considers “less sensitive”, this does show that it is possible to provide for risk assessment and licensing of arms sent to all destinations, in accord with the obligations of the ATT. This is also vital with regard to transparency and reporting, essential components of ATT effectiveness.
Also important is that the scope of the criteria is broad enough for robust treaty implementation. Oxfam urges Canada to look to good models for criteria and to apply them widely. The EU criteria for risk assessment, detailed in the 2008 “common position on arms exports” and incorporated into U.K. law as the “consolidated criteria”, are a good starting point for effective implementation of the risk assessment before granting an arms export licence, as required by the ATT.
All 28 EU member states use this system for evaluating arms export risk—a quarter of current ATT states parties. The criteria considered whether the proposed export would: contravene the U.K.'s international commitments; be used for internal repression or where there is a risk of serious violations of IHL, international human rights law, including gender-based violence; provoke or prolong armed conflicts or aggravate existing tensions in the destination country; be used aggressively against another country; adversely affect the national security of the U.K. or allies; be diverted or re-exported under undesirable conditions; seriously undermine the economy; or seriously hamper the sustainable development of the recipient country.
Noteworthy in this regard is that Canada has in fact formally aligned itself to this EU common position, which means that in theory it should already be applying these criteria. It would be interesting to know what alignment means in practice for Canada at this point.
Even excellent language in national law and regulation is insufficient if a government lacks the political will to properly implement the treaty and is not held to account by Parliament and the courts. The U.K. is of interest here again, with the High Court recently endorsing parliamentary scrutiny as a vital part of an effective strategic exports control system.
Oversight of arms sales is a job for Parliament. This has been the case in the U.K. for the last 20 years or so.
The 1996 Scott report into the arms to Iraq scandal noted that a well-informed Parliament has a critical role to play in preventing executive excess. This was confirmed by the recent High Court decision in the judicial review brought by the Campaign Against Arms Trade on arms to Saudi Arabia, which, although subject to appeal, found in favour of the government, with the court extremely reluctant to overrule the government when it comes to licensing decisions, and that this is much better a job for the legislature in general and the Committees on Arms Export Controls in particular. They said:
...the role of the Court can properly take into account that there is an expectation, consistent with democratic values, that a person charged with making assessments of this kind should be politically responsible for them.... [M]inisters have appeared before the Parliamentary Committees on Arms Export Controls and the All-Parliamentary Group on Yemen; ministers have also spoken in parliamentary debates on Yemen, made oral and written statements, responded to urgent questions, and answered a wide range of parliamentary questions and ministerial correspondence. The seriousness of the case of arms supplies to Saudi Arabia during the Yemen conflict underlines that parliamentary scrutiny is most necessary in the most difficult cases. Where UK-supplied arms are being used...by armed forces who lack the necessary training,... targeting capabilities [and self-analysis], the role of Parliament is vital.
Oxfam, therefore, recommends that the Canadian Parliament establish an appropriate committee structure for the scrutiny of government arms transfer policy and practice.
In conclusion, from Oxfam's perspective as an organization dealing with the human consequences of irresponsibly and illicitly traded arms, it is essential that Canada provide for transparent licensing of all arms exports in a robust manner, and for parliamentary scrutiny of that system.
Thank you very much.