Saferworld reflection on the February 2012 ATT PrepCom

23 February 2012: A week of intense wrangling over Rules of Procedure at the final Arms Trade Treaty (ATT) Preparatory Committee (PrepCom) at the UN in New York saw the real possibility of the process falling apart. Ultimately, an agreement was reached on rules for the month-long Diplomatic Conference (DipCon) to negotiate the treaty in July. As delegations and NGOs start looking towards the DipCon, Elizabeth Kirkham, Saferworld’s Small Arms and Transfer Controls Advisor, reflects on the PrepCom and where we go from here.

The final ATT PrepCom, which took place from 13-17 February 2012, was billed as a three-day discussion on the Rules of Procedure for the DipCon – based on a draft circulated beforehand by the Chair of the process, Ambassador Roberto Garcia Moritán of Argentina – followed by two days to discuss the substance of the treaty.  However, the week was dominated by debate and division amongst delegations over key procedural issues including: decision-making procedures; the status of the Chair’s Paper as a possible basis for negotiations; and the level of civil society access to discussions at the DipCon. 

Consensus

Decision-making procedures for the DipCon proved the main point of contention at the PrepCom, as several delegations – including Egypt (on behalf of the Arab Group) and the US – were opposed to a reference in the draft Rules of Procedure text which would allow majority voting on issues of substance. This brought them into conflict with Mexico and CARICOM (Caribbean Community states) who saw voting on substantive issues as the main way to ensure a robust treaty is agreed.

While language on voting was eventually removed from the draft text, the main focus of the debate was over the meaning of “consensus” decision-making and how it should be referred to in the Rules of Procedure. Most delegations stated that “consensus” should not allow any one state or small group of states a veto over the proceedings. This led to a lengthy debate over whether decisions should be made “on the basis of consensus” or “by consensus”.

Agreement was reached on the final day of the PrepCom on provisional Rules of Procedure that provide for decisions to be taken “by consensus”, but for the work of the DipCon to be conducted “on the basis of consensus”.  There is a risk that rather than resolving the issue, we have been left with an ambiguous outcome that could unravel at the DipCon in July.

The Chair’s Paper

In addition, the status of the Chair’s Paper, the key output of the July 2011 PrepCom, proved a key issue of debate.  The informal paper, regarded by most states as a good basis for discussion, is Ambassador Moritán’s attempt to capture the general flavour of all the substantive debates from the previous PrepComs, with sections on inter alia scope, parameters and implementation. 

Regrettably, the Chair’s Paper was relegated to being one of several background papers for the DipCon, meaning it will require tough negotiation for delegations to incorporate its contents, such as those on human rights and humanitarian law, into the treaty text.

The PrepCom report also invites states to submit “focused views”, of no more than 1,500 words, on the elements of an ATT, which will be compiled and made available as an additional background document for the DipCon.  It will be important that as many states as possible submit views which reflect the overwhelming support for a robust treaty, so that DipCon negotiations start from a high base. 

Civil society access

The issue of civil society access to DipCon discussions was another subject of debate throughout the week.  The Rules of Procedure agreed at the end of the week allow NGO access to “the plenary meetings of the Conference and its Main Committees.”  While this should enable civil society to stay in touch with some of the discussions at the July Conference, NGOs are unlikely to be granted access to “meetings of other organs of the Conference”, such as sub-committees and working groups, where detailed negotiations will take place.  

NGOs played an important role at the PrepCom in talking over critical issues with key states involved in protracted discussions and helping to push for constructive compromise.  This role will be even more important in July when the real business of negotiating a bulletproof ATT is in full swing, and where smaller delegations may benefit from the technical support that NGOs can provide. 

Going forward

While this final PrepCom involved some difficult moments in the diplomatic wrangle over decision-making, the fact that agreement was ultimately reached is positive. Failure to agree the Rules of Procedure could have spelled disaster for the July DipCon, not least because the Rules would have to be reopened for discussion and valuable negotiating time would be lost. 

With just four months until the final ATT negotiations begin, much work needs to be done to lay the groundwork to negotiate a strong treaty.  In addition to making submissions to the background document, all states in favour of a robust and effective ATT must ensure that they are fully prepared so that all supporting voices are heard at the final DipCon.

Global civil society will have a crucial role to play in mobilising public opinion and engaging legislatures in the call for a strong treaty. Civil society also needs to push national governments to support and deliver a bulletproof treaty in July.

Civil society is mobilising around the world to help deliver a strong treaty. The Control Arms coalition has recently been nominated for the Nobel Peace Prize for its work in highlighting the need for a global ATT. For more on this and how you can get involved, and how you can “Speak Out” in favour of a strong Treaty, visit the Control Arms website.

Find out how to support Saferworld’s efforts to secure a strong ATT

For more information about Saferworld's involvement in the ATT process read our short briefing: Saferworld and the history of the Arms Trade Treaty and our post from the previous PrepCom in July 2011.

“With just four months until the final ATT negotiations begin, much work needs to be done to lay the groundwork to negotiate a strong treaty.”

Elizabeth Kirkham, Saferworld