Day 11: Barbara Frey presents her study on small arms, 9 August 2004

Head table at the Sub-Commission

Today the Sub-Commission met briefly in open session in the morning, to continue debate under item 6. Barbara Frey presented her report on the human rights effects from small arms and light weapons. Then the Sub-Commission met in private session to discuss draft resolutions, a discussion which extended into the afternoon session as well. Finally, towards the end of the afternoon 21 resolutions were adopted.

Barbara Frey’s report

This is the 2nd year of Ms. Frey’s study, on the prevention of human rights violations committed with small arms and light weapons (E/CN.4/Sub.2/2004/37 and 37/Add.1). This year she focused on violations committed with small arms during situations of armed conflict. Human rights suffer dramatically in times of armed conflict. Small arms are indisputably the weapons of choice for those participating in armed conflict. Civilian casualties, violations of rights of detainees, violations of economic, social, cultural rights, forced evictions, refugee camps and other camps of internally displaced persons (in Darfur for example, most of the “refugees” are technically internally displaced persons, not refugees since they haven’t crossed an international border).

Civilian deaths often outnumber combatant deaths in these conflicts. In many cases civilians have become the preferred target of small arms. The indirect effects of the accumulation of small arms in these areas, is a climate of fear. As Barbara noted in her presentation, in many conflict zones it is easier to find weapons and ammunition, than food and medical care. Forced displacement often occurs at gunpoint. Others victimized by the misuse of small arms include detainees and prisoners of war. Often there is an excessive use of force. Small arms used to beat detainees, and force them to carry out humiliating actions. Armed groups also prey upon relief workers and refugees.

Barbara then discussed the international legal framework in which the use and possession of small arms can be analyzed, including international humanitarian law (e.g., the Geneva Conventions) and international human rights law.

She also analyzed the heavy impact the use of small arms has on women. Small arms deaths of males outnumber females, 9-to 1. The majority of these deaths are between the ages of 15 and 44. Many cultures promote guns as symbols of masculinity. In some communities where there are not adequate social controls, this ideology is used to promote armed violence. Women are affected in a very different way. The use of these weapons heightens gender disparity. Small arms are the tools of sexual violence. While male dominated societies often justify small arms as needed to protect women, in fact it often has the opposite effect. Ms. Frey concluded by saying, if we are to disarm societies of small arms, women must take their place in disarming their communities.

The comments in the interactive dialogue after Ms. Frey’s presentation were very complementary. Most also said the draft guidelines included with her report don’t go far enough in their opinion. They encouraged her to expand them in her next report, to include guidelines for licensing and controlling arms trafficking.

Minnesota Advocates was on the speaking list today but time ran out before our name was called. Our statement will also comment on the report and draft guidelines. We will apparently be called early on tomorrow’s list.

Small arms survey 2004

The non-profit organisation known as Small Arms Survey also hosted a lunch time program, where they presented their 2004 report, a comprehensive survey of firearm related deaths, manufacture, trafficking, and stockpiles. This year’s report focused on the impact of small arms traffic on human rights, to dovetail with Ms. Frey’s report.

The presentation was very impressive, and the statistics gathered extremely comprehensive. The report can be downloaded from their website .

Voting

The Sub-Commission went into private session at 11 Monday morning to discuss the draft resolutions which were scheduled to be voted upon later in the day. There were 24 draft resolutions altogether. However, instead of coming into public session at the beginning of the regularly scheduled afternoon session (at 3 p.m.) the Sub-Commission continued to meet in private for most of the afternoon session too.

Finally, the voting began approximately 4:45 p.m. and concluded just an hour and 15 minutes later. The Sub-Commission adopted 21 resolutions during that time period, including resolutions on torture, arbitrary killings, refugee housing, the Social Forum, the right to drinking water, the right to food, effects of debt, indigenous peoples’ sovereignty, intolerance, and several other topics.

Two competing resolutions on the TNC Working Group were postponed to permit more deliberations (one resolution would terminate the mandate of the group; the other would continue it). The draft resolution on discrimination based on work and descent was also postponed for further discussions.

An analysis of the voting will be produced by Minnesota Advocates and Geneva for Human Rights by the end of the session. For a listing of the resolutions by title and draft number, see the voting page of this website.

Schedule

Tomorrow the Sub-Commission will return to item 6 on its agenda and then move to Item 3, administration of justice. Voting is scheduled to resume on Wednesday of this week but may be postponed to permit completion of all discussion under item 3 first.

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