By Louis Charbonneau
UNITED NATIONS, March 27 (Reuters) - Members of the United Nations on Wednesday received the final draft of what could become the first international treaty to regulate the ${esc.dollar}70 billion global conventional arms trade.
The treaty drafting conference at U.N. headquarters in New York City will end on Thursday, when rights groups and most delegations hope the treaty will be unanimously adopted. Several delegates said they were optimistic it would pass, but others warned that Iran or India may block approval.
Several human rights groups and arms control advocates, including Amnesty International, Oxfam and Control Arms, praised the latest draft, saying it had shortcomings but was a significant improvement over an earlier draft that had too many loopholes.
Following are questions and answers about the arms treaty.
WHAT IS THE ARMS TRADE TREATY?
The point of an arms trade treaty is to set standards for all cross-border transfers of any type of conventional weapon - light and heavy. It would also create binding requirements for nations to review all cross-border arms contracts to ensure the munitions: will not be used in human rights abuses, terrorism or violations of humanitarian law; do not breach U.N. arms embargoes; and are not illegally diverted.
It would require governments to refuse to export weapons to countries that would likely use them to violate human rights or commit war crimes. It would also require governments to regulate arms brokering.
WHAT WEAPONS WOULD BE COVERED?
The current draft treaty says that the following weapon types will be covered: battle tanks; armored combat vehicles; large-caliber artillery systems; combat aircraft; attack helicopters; warships; missiles and missile launchers; small arms and light weapons, ranging from assault rifles to handguns.
An earlier draft said those were the weapons covered by the treaty "at a minimum." Human rights groups complained about the removal of that phrase from subsequent drafts. But several U.N. delegates said the list of arms covered was not exclusive, thanks to language elsewhere in the latest draft of the treaty.
It would not cover unconventional weapons like nuclear, chemical and biological arms. Separate treaties cover those.
WHO WANTS SUCH A TREATY?
Human rights groups, arms control advocates and a majority of the U.N.'s 193 member states want a strong treaty that imposes tough new standards on the largely unregulated arms trade. Many of the treaty's most ardent supporters come from Europe, Latin America and Africa, though it has supporters from all over the world.
Nearly 120 countries, led by Mexico, issued a joint statement on March 18 saying "the overwhelming majority of (U.N.) Member States agree with us on the necessity and the urgency of adopting a strong Arms Trade Treaty. Our voice must be heard."
Among that statement's supporters were major arms producers Britain and Germany. The other four top arms exporters - the United States, Russia, China and France - did not endorse it.
The five permanent Security Council members - the United States, Britain, France, China and Russia - issued their own joint statement of support for a treaty that "sets the highest possible common standards by which states will regulate the international transfer of conventional arms."
The main reason the arms trade talks are taking place at all is that the United States - the world's biggest arms trader - reversed U.S. policy on the issue after President Barack Obama was first elected and decided in 2009 to support a treaty.
Delegates have expressed concern that other major arms producers like Iran, Pakistan and others might take issue with some of the provisions in the treaty and demand the inclusion of language that weakens it and adds loopholes. Since the treaty-drafting conference works on the basis of consensus, any country can veto the outcome if it chooses to do so.
WHAT WILL AN ARMS TRADE TREATY NOT DO?
According to the U.N. Office of Disarmament, it will not do any of the following: interfere with domestic arms commerce or the right to bear arms in member states; ban the export of any type of weapon; harm states' legitimate right to self-defense; undermine national arms regulation standards already in place.
The National Rifle Association, the powerful U.S. gun rights lobbying group, opposes the arms trade treaty. The group has vowed to fight the convention's ratification by the U.S. Senate if Washington backs it at the United Nations.
The NRA says the treaty would undermine gun ownership rights under the Second Amendment to the U.S. Constitution.
The American Bar Association, an attorneys' lobbying group, last month disputed the NRA position, saying in a paper that "ratification of the treaty would not infringe upon rights guaranteed by the Second Amendment."
WHAT HAPPENS IF THE CONFERENCE FAILS TO APPROVE A TREATY?
If the conference fails to agree to a treaty because it cannot reach the required consensus, delegates say they can put it to a vote in the U.N. General Assembly to rescue it. Either way, if a treaty is approved, national legislatures will need to ratify it.
WHEN WOULD IT COME INTO FORCE?
If approved on Thursday, the treaty will enter into force 90 days after the 50th signatory ratifies it.
WHAT HAVE BEEN SOME STICKING POINTS IN NEGOTIATIONS?
- Ammunition. Most countries and rights groups wanted ammunition to be covered comprehensively in the treaty. Exports of ammunition are covered in the draft treaty, but not imports. The United States has said it opposes inclusion of ammunition. Rights groups say coverage of ammunition is inadequate.
- "Overriding." The current draft says that arms exports should be canceled if there is an "overriding" risk that they could be used in human rights violations. Some countries wanted a lower threshold, suggesting a "substantial" risk.
- Exemptions. There is clause for certain arms deals, known as defense cooperation agreements, to be exempt from the treaty. Several delegates described this as the "India clause," because it was something India pushed hard for. Rights groups and many delegations dislike the "India clause."
- Amendments. Some countries wanted a requirement of unanimity to amend the treaty, but others said that would make amendments impossible. The new draft treaty says it can first be amended six years after it enters into force. After that, it can be amended every three years with a three-quarters vote of parties to the treaty if consensus cannot be achieved.
- Reporting. The current draft says countries will send reports to the U.N. on their international arms trade but does not call for them to be made public. Western nations wanted such reports to be made public, but countries like China, Iran and others do not want that information disseminated. (Reporting By Louis Charbonneau; Editing by Paul Simao and Stacey Joyce)
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