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Control Arms Campaign in Europe

References

(1) Such arms transfer figures are often biased by different accounting systems and also obscured by national secrecy but are useful for comparative purposes. See 'Conventional Arms Transfers to Developing Nations, 1994-2001' report by the Congressional Research Service, August 2002. http://fpc.state.gov/documents/organization/12632.pdf.

(2) Source Omega Foundation database. Compiled September 2003. (numbers of companies in brackets): Existing EU countries: Austria (19), Belgium (17), Denmark (3), Finland (10), France (34), Germany (37), Greece (10), Italy (60), Netherlands (5), Portugal (4), Spain (30), Sweden (11), United Kingdom (90). New EU Members: Cyprus (2), Czech Republic (26), Estonia
(1), Hungary (1), Latvia (1), Lithuania (2), Poland (22), Slovakia (11), Slovenia (6)

(3) EU Code of Conduct for Arms Exports, 8 June 1998; //www.smallarmssurvey.org/source_documents/Regional%20fora/European%20Union/EUCodeofConduct.pdf. EU Member States must also respect other relevant international obligations such as UN arms embargoes and agreements within the OSCE

(4) OSCE Document on Small Arms and Light Weapons, November 2000, www.osce.org/documents/sg/2000/11/673_en.pdf

(5) The Wassenaar Arrangement is the group of leading conventional arms exporting countries, including many EU and new Member States

(6) Wassenaar Arrangement Best Practice Guidelines for Exports of Small Arms and Light Weapons, December 2002, www.wassenaar.org/docs/best_practice_salw.htm

(7) This is a summary of the essential points in each Criterion. For the full text, see the EU Code, op cit

(8) According to Criterion Two of the Code, states will "exercise special caution and vigilance in issuing licences, on a case-by-case basis and taking account of the nature of the equipment, to countries where serious violations of human rights have been established by the competent bodies of the UN, the Council of Europe or by the EU….For these purposes, equipment which might be used for internal repression will include, inter alia, equipment where there is evidence of the use of this or similar equipment for internal repression by the proposed end-user, or where there is reason to believe that the equipment will be diverted from its stated end-use or end-user and used for internal repression. In line with operative paragraph 1 of this Code, the nature of the equipment will be considered carefully, particularly if it is intended for internal security purposes. Internal repression includes, inter alia, torture and other cruel, inhuman and degrading treatment or punishment, summary or arbitrary executions, disappearances, arbitrary detentions and other major violations of human rights and fundamental freedoms as set out in relevant international human rights instruments, including the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights."

(9) Criterion Six of the EU Code states that: "Member States will take into account inter alia the record of the buyer country with regard to: (a) its support or encouragement of terrorism and international organised crime; (b) its compliance with its international commitments, in particular on the non-use of force, including under international humanitarian law applicable to international and non-international conflicts;"

(10) "Undercutting" is the process whereby one state grants a licence despite another EU member refusing a licence for the same or similar MSP transaction. Operative provision 3 of the EU Code is intended to limit undercutting, stipulating that EU members will circulate through diplomatic channels details of arms export licences refused in accordance with any of the Code criteria, and that "before any member state grants a licence which has been denied by another member state for an essentially identical transaction within the last three years, it will first consult the member state or states which issued the denial(s)." See EU Code of Conduct for Arms Exports, op cit

(11) http://www.publications.parliament.uk/pa/cm200304/cmselect/cmfaff/390/4022503.htm

(12) Berliner Zeitung, 8 May 2002

(13) Jane's Defence Weekly, "Nepal Chooses G36E Rifle", 20 Feb 2002

(14) Jane's Infantry Weapons 2003-4

(15) UK Annual Report 2001, p222 states export licence granted for 6780 rifles to Nepal in 2001.

(16) Amnesty International Press Release, Nepal: Killing of 19 Maoists in Ramechhap should be investigated, 22 August 2003 (AI Index: ASA 31/026/2003)

(17) Amnesty International, "Transporting repression to Zimbabwe", Terror Trade Times 4, 2003, http://web.amnesty.org/pages/ttt4-article_9-eng

(18) Amnesty International, Terror Trade Times 4, op cit

(19) See also related information in the surveillance chapter of this report.

(20) This committee is known as the Quadripartite Committee (or QSC) and draws its membership from Foreign, Trade, and Defence and Development select committees. These are the select committees with a specialist interest in arms sales.

(21) See www.parliament.the-stationery-office.co.uk/pa/cm200102/cmselect/cmdfence/718/718ap07.htm

(22) Oxfam Great Britain, Lock, stock and barrel, February 2004

(23) Components licensed to China and identified in the 2001 annual report include aircraft, military communications equipment, components for airborne radar, components for aircraft, military communications equipment, components for aircraft radar, components for combat aircraft simulators, components for destroyers, components for military aero-engines, components for military infrared/thermal imaging equipment, general military vehicle components, military aero engines.

(24) UK Government Parliamentary Answer to PQ 154648, 12 Feb 2004 : Hansard, Column 1653W

(25) European Parliament Resolution of 18 December 2003

(26) Declaration by General Affairs Council 29/7/91. Confirmed by Common Position 96/635/CFSP

Common Position 2000/346/CFSP

(27) Source: Comtrade data

(28) El Espectador, 14 April 2003. See related information in the chapters below on transfers from EU Member States of military training and surveillance.

(29) Reported in Semana, 22 March 2004

(30) United Nations, Report of the Panel of Experts pursuant to Security Council resolution 1343 (2001), paragraph 19, concerning Liberia (New York: United Nations, October 26, 2001), U.N. document S/2001/1015, mondediplo.com/2004/01/IMG/pdf/1015e.pdf See paras 228-240, (as cited in Human Rights Watch, Ripe for Reform: Stemming Slovakia's Arms Trade with Human Rights Abusers, February 2004, http://hrw.org/reports/2004/slovakia0204/.)

(31) UN Panel of Experts on Liberia, paras 231-232, op cit

(32) ibid, para 239

(33) Ripe for Reform, op cit

(34) ibid

(35) SIMONCELLI, M., Armi Leggere Guerre Pesanti ,Rubbettino, 2002, and IRES Toscana, Il Commercio delle Armi, http://www.irestoscana.it/commercio_delle_armi.html

(36) Amnesty International, A Catalogue of Failures: G8 Arms Exports and Human Rights Violations, May 2003, (AI Index: IOR 30/003/2003)

(37) Ibid

(38) 'Ban for Airgun used in dozens of murders' The Independent, 7 April 2003

(39) Gangsters' DIY handgun that makes a mockery of the ban on firearms, 5 January 2003

www.telegraph.co.uk/news/main.jhtml?xml=/news/2003/01/05/ngun105.xml

(40) http://www.me-sportwaffen.de/ (accessed March 2004)

(41) Email correspondence with the Economic Affairs Department of the German Embassy in the UK. April 2004.

(42) Fifty second session, Item 71 (b) General and Complete Disarmament: Small Arms page 23, Recommendations 27 August 1997, A/52/298. The term "surplus" indicates serviceable and unserviceable small arms and light weapons held in stockpiles by military and police forces and the illicit weapons seized by such forces that they no longer need

(43) OSCE (2000) Document on Small Arms and Light Weapons, section IV, part three; emphasis added.

Section IIIA, paragraphs 1 and 2 is as follows:

1. The participating States agree to the following criteria to govern exports of small arms and technology related to their design, production, testing and upgrading, which are based on the OSCE document on "Principles Governing Conventional Arms Transfers".

2.(a) Each participating State will, in considering proposed exports of small arms, take into account:

(i) The respect for human rights and fundamental freedoms in the recipient country;

(ii) The internal and regional situation in and around the recipient country, in the light of existing tensions or armed conflicts;

(iii) The record of compliance of the recipient country with regard to international obligations and commitments, in particular on the non-use of force, and in the field of non-proliferation, or in other areas of arms control and disarmament, and the record of respect for international law governing the conduct of armed conflict;

(iv) The nature and cost of the arms to be transferred in relation to the circumstances of the recipient country, including its legitimate security and defence needs and to the objective of the least diversion of human and economic resources to armaments;

(v) The requirements of the recipient country to enable it to exercise its right to individual or collective self-defence in accordance with Article 51 of the Charter of the United Nations;

(vi) The question of whether the transfers would contribute to an appropriate and proportionate response by the recipient country to the military and security threats confronting it;

(vii) The legitimate domestic security needs of the recipient country;

(viii) The requirements of the recipient country to enable it to participate in peacekeeping or other measures in accordance with decisions of the United Nations or the OSCE.


(44) See examples in Brian Wood and Johan Peleman, The Arms Fixers, Norwegian Initiative on Small Arms Transfers, Oslo, December 1999 (www.nisat.org)

(45) See: The Nato summit and arms trade controls in central and eastern Europe, Human Rights Watch backgrounder, 15 November 2002, www.hwr.org/backgrounder/arms/nato1115.bck.htm; Eastern Europe's Arsenal on the Loose: Managing Light weapons flows to conflict zones, BASIC papers, Number 26, 1998, www.basicint.org/bpaper26.htm;

(46) Ripe for Reform, op cit

(47) "Slovakia's Path to NATO," briefing by Peter Burian, Ambassador of the Slovak Republic to NATO; Ivan Korcok, then Director General, Security and International Organizations, Ministry of Foreign Affairs, Slovak Republic; and Peter Misik, Director, North-Atlantic Security Department; Ministry of Foreign Affairs of the Slovak Republic, RFE/RL, Washington, DC, June 27, 2002. (As cited in Ripe for Reform, op cit).

(48) Data compiled from Slovakia's entry in the U.N. Conventional Arms Register for 2002, and "SR Force 2010," a 2001 publication of Slovakia's Armed Forces. As reported in Ripe for Reform. op cit.

(49) See, for example, "Slovak army to cut personnel by 8,000 by 2002," CTK, via FBIS, February 15, 2000; Gabriela Bacharova, "Combat equipment on decline, there are no funds," via FBIS, May 12, 2000; "Army decides to sell off T-55 tanks, armored carriers," Pravda, via FBIS, December 14, 1999. Ripe for Reform op cit.

(50) "Weapons deals: State has few reasons not to approve," Slovak Spectator.

(51) Human Rights Watch interview with then State Secretary Rastislav Kacer, Bratislava, April 12, 2002. Ripe for Reform, op cit.

(52) Santor, "The Weapons Trade: Our Taboo," Narodna Obrodna. (As cited in Ripe for Reform).

(53) See, for example, "Slovak arms producers offer Indonesia armoured vehicles, know-how," TASR, via WNC, June 20, 2002; "Slovakia offers T-72 tanks, artillery equipment to [Malaysian] army," SME, via FBIS, March 17, 2000.

(54) UN Register of Conventional Arms, 1999- 2002. (As cited in Ripe for Reform, op cit)

(55) Jane's Defence Weekly, 29 September1999, 'Czech Republic to sell upgraded MBTs to Yemen.'

(56) Jane's Defence Weekly, 26 July, 2000, 'Yemen receives Russian and Czech main battle tanks.'

(57) Jane's Defence Weekly, 7 May 2003, 'Indonesia looks to bolster air-defence system'.

(58) "Interior Ministry is selling machine guns, Pravo, 21 February 2001, p3, sources: David Isenberg's Weapons Trade Observer & Saferworld Arms Production, Exports and Decision Making in Central and Eastern Europe, June 2002

(59) Jane's Defence Weekly, 19 July 2000, 'Sri Lankan Army inspects Czech main battle tanks.'

(60) Jane's Defence Weekly, 29 September 1999. 'Czech Republic to sell upgraded MBTs to Yemen.'

(61) "Army going to sell 190 old tanks, 47 planes," CTK, 31 August 2002. As cited in HRW briefing paper, 8 October 2002

(62) Minister:Czech Interior Ministry intends to sell off 45,000 police pistols" Pravo, 2 February 2002 as posted on IANSA web site, http://www/iansa.org/oldsite/news/2002/feb2002/czech_pistols2202.htm

(63) UN General Assembly. Fifty-sixth session, item 85 General and complete disarmament: illicit traffic in small arms and light weapons A/56/296 14th August 2001, http://www.un.org/documents/ga/docs/56/a56296.pdf

(64) UN General Assembly. Fifty-sixth session, item 85

General and complete disarmament: illicit traffic in small arms and light weapons

A/56/296 14th August 2001, page 16 http://www.un.org/documents/ga/docs/56/a56296.pdf

(65) "No fallout from false UN weapons certificate", The Copenhagen Post Online, 12 June 2003

(66) As reported from Danish articles in Statewatch January-February 2003 http://www.statewatch.org/news/2003/aug/sw131.pdf

(67) Fifty second session, Item 71 (b) General and Complete Disarmament: Small Arms page 23, Recommendations 27 August 1997, A/52/298

(68) Email correspondence with Nic Marsh, NISAT and also Copenhagen Post, Police and military to halt weapons sales, 5 December 2003, http://www.cphpost.dk/print.jsp?o_id=73824

(69) Police and military to halt weapons sales, 5 December 2003, http://www.cphpost.dk/print.jsp?o_id=73824; Police and military to halt weapons sales, 11 December 2003, http: www.cphpost.dk/get/73921.html

(70) ibid

(71) The policy for the export of surplus UK small arms is set out in Written Answer 1138W of October 2001,which reiterates Written Answer 242W of June 2000

(72) Saferworld, Disposal of surplus small arms: a survey of policies and practices in OSCE countries, January 2004, www.saferworld.co.uk/armspubres.htm

(73) Annual Report on Strategic Exports 2001, p 368.

(74) Company brochure, Omega database.

(75) www.kallman.com/Aerospace-Defense%20Shows/Africa%20appointment.pdf

(76) According to a 1998 United Nations survey of 69 countries, South Africa had one of the highest firearm related homicide rates in the world per 100 000 people, second only to Colombia. Quoted in 'Gun related deaths and injuries, Gun Control Alliance, South Africa. www.sacc-ct.org.za/statistics.html

(77) Company Brochure,United Kingdom Ministry of Defence, Ammunition, Available for immediate sale

[photograph shows Boz .224, assorted small calibre ammunition and mortar ammunition]

(78) Alte Waffen nicht verkaufen', Osnabrücker Zeitung, 22 May 2002, www.neue-oz.de, as quoted in Saferworld SALW surplus report, 2004

(79) www.sauer-waffen.de 2003

(80) AI France has written to the heads of the Police, Gendarmerie and Customs, but has not yet received any reply

(81) Saferworld, Arms transit trade in the Baltic region, October 2003

(82) Equipment of criminal groups viewed, Zycie Warszawy, 25 January 1999, NISAT Black Market Archive on Poland, http: www.nisat.org/ , 28 April 2003.

(83) Lodz police investigate theft of four anti-aircraft missiles', RFE/RL Crime, Corruption and Terrorism Watch, vol 2, no 13, 4 April 2002.

(84) Slovak Information Service Annual Report for 2001, March 2002. See also Nicholson, "From cheerleader to referee…," Slovak Spectator.

(85) Human Rights Watch interview with Ondrej Varacka, Ministry of Economy, Bratislava, April 12, 2002, as cited in Ripe For Reform, op cit

(86) See for example, Brian Johnson Thomas, "Anatomy of a Shady Deal" in Lora Lumpe, ed. Running Guns, Zed Press, London and New York, 2000.

(87) "Britons involved in arms running," Guardian (London), April 15, 2000; "Romania: Daily Details Arms Exports to African Nations," Evenimentul Zilei (Bucharest) via WNC, 13 March 2002. According to the Guardian, which said it had documents on the flight, the plane departed Bratislava carrying cargo listed as "technical equipment and machinery" for delivery to the weapons procurement arm of the government. The previous November, the Guardian reported, the same plane reportedly had been used to fly a load of weapons (misdeclared as "technical equipment") from Bulgaria to Harare, where it was transferred to another plane for delivery to Zimbabwean troops fighting in the DRC.

(88) See, for example, "Police seize illegal ammunition shipment at Bratislava's airport," Associated Press, 1 October 2001; "Slovak police investigating illegal arms cargo seized at airport," Reuters, October 2, 2001, supplemented by Human Rights Watch telephone interview with a Slovak diplomat, 13 February 2002. While some media reports refer to the Iranian airline as Chabahar Airlines, it appears in an industry listing as Chabahar Air. See JP Airline-Fleets International, 2002/03 edition, (Zurich: Bucher & Co., Publikationen, 2002), p. 138, as cited in Human Rights Watch, January 2004, op cit

(89) Human Rights Watch interview with a person familiar with the case, who requested anonymity, Bratislava, April 2001. This person is close to Slovakia's Interior Ministry, Economy Ministry, and General Prosecutor's Office

(90) Arms production, exports and decision-making in Central and Eastern Europe, Saferworld, June 2002

(91) MORH protects arms dealers who smuggle weapons to ETA and IRA, Jasna Babic, Zagreb Nacional in Serbo-Croatian, 24 July 2001, as cited in Arms production, exports and decision-making in Central and Eastern Europe, Mariani and Hirst, Saferworld 2002

(92) 'Large batch of weapons for Macedonia and Kosovo detained in Slovenia', RIA Novosti, Belgrade, 6 September 2001, source: David Isenberg's Weapons Trade Observer, as cited in: Saferworld, Arms production, exports and decision-making in Central and Eastern Europe, op cit

(93) 'Missiles and Uranium pass Hungarian borders', The Budapest Sun, 4 March 2004.

(94) For examples see Saferworld, Arms transit trade in the Baltic region, op cit

(95) However, despite Dutch government statements, further below this report illustrates direct exports from the Netherlands of military and security equipment and components that endanger human rights.

(96) The Netherlands arms export policy in 2002, Ministry of Economic Affairs and The Ministry of Foreign Affairs, The Hague, The Netherlands, September 2003; original title: Jaarrapport Nederlands wapenexportbeleid 2002, Tweede Kamer, vergaderjaar 2002-2003, Kamerstuk 22 054, nr. 74.

The Koninklijke Marechaussee (Military and Border Police) received 57 notifications in 2001 and 47 in 2002 by EIAI for export from and to Israel. Independent evaluation transit regulation militairy goods, final report, Van de Bunt, Adviseurs voor Organisatie en Beleid, 25 april 2003, p. 12; original title: Evaluatie Doorvoerregeling Militaire goederen, eindrapport. (authors: Dr. J.W. Asje van Dijk, Drs. Gabriël A.H.H. de Groot).

(97) Nine-year-old Shaima' 'Abu Shammala was killed in the early afternoon of 17 October 2002 in her home in front of her parents and siblings by a shell fired by an Israeli army tank/APC into a densely populated refugee camp in Rafah, in the Gaza Strip. In the same incident five other residents were also killed, including a 15-year-old boy, and two women, aged 70 and 30. Ahmad Ghazawi, aged six, and his 12-year-old brother Jamil were killed on 21 June 2002 by a tank shell fired by the the Israeli army in a residential area on the edge of Jenin city. Their 11-year-old brother Tareq and a neighbour, Dr Samer al-Ahmad, were seriously wounded in the same incident. In Amnesty International, Shielded from scrutiny: IDF violations in Jenin and Nablus, Nov 2002 (AI Index: MDE 15/001/2003). AI has also reported repeated concerns about killings and attacks on civilians by Palestinian armed groups.

(98) Extracted and summarised from a commissioned AI Netherlands Report written by Martin Broek, January 2004 and from a draft NOVIB report written by Arjan El-Fassed, January 2004

(99) http://www.portofrotterdam.com

(100) In 1996, a parliamentary question was raised on illicit trans-shipment of arms through Shiphol, based on an article in Vrik Nederland 18 May 1996. In 1998, a question was raised in parliament about illicit arms trafficking to Iran following a report in Telegraaf of 6 March 1998 and details of all trans-shipments were requested. In March 1999, a question was tabled concerning trans-shipments to Eritrea because a military consignment was stopped in Antwerp but apparently transported through the Netherlands. On 2 March 2000, questions were raised in the Permanent Commission for Economic Affairs concerning a law proposal to change the law on trans-shipment of weapons and munitions: What is meant by trans-shipment? Is a shipment with strategic goods from France through Rotterdam towards Burundi a trans-shipment that falls under this new law? The MPs referred to an article published on 6 December 1997 which mentioned trans-shipment of arms and munitions through Schiphol airport towards Kenya, Sierra Leone, Tanzania, Nigeria, China, Israel, Lebanon.... On 23 June 2000, further questions were raised in the Commission concerning arms exports to Sub-Saharan Africa, especially the Great Lakes Region. See also Kamerstuk 2002-2003, 22054, nr. 68, Tweede Kamer. On 21 November 2002, a parliamentary question was raised concerning trans-shipments of arms to Israel (see 21-11-2002 nr. 361 , Kamervragen met antwoord 2002-2003, 2e Kamer).

(101) Manual strategic goods, supplement 17, p. 20.

(102) This notification includes besides an end user statement, the quantity of weapons, the vehicle for transport, where they leave the Netherlands and identification of the person who possesses the arms at the time of request.

(103) Chapter 'Procedures,' Manual strategic goods, supplement 23 and 21 (Feb. 2003 and April 2002), pp. 20-21.

(104) Extracted and summarised from a commissioned AI Netherlands Report written by Martin Broek, January 2004 and from a draft NOVIB report written by Arjan El-Fassed, January 2004

(105) Anthony I, 'Strengthening Controls on Arms Transfers and Transit', Background paper for the Seminar on Strengthening Cooperation on Arms Export Controls, Stockholm, 5–6 March 2003.

(106) Annex 1 of The Council's Fourth Annual Report According to the Operative Provision 8 Of The EU Code Of Conduct On Conventional Arms Exports, 11 November 2002, Doc13779/92, PESC446 COAMRM14.

(107) See for example Amnesty International, A Catalogue of Failures, op cit. A comprehensive analysis of the problem and solutions is by Brian Wood and Johan Peleman, The Arms Fixers, op cit

(108) Arms brokers can also have a serious impact within EU member states as well. For example see: The Guardian 29 July 2000. "Police seize republican arms shipment. IRA dissidents striving to prove their muscle suffer setback as international surveillance nets costly weapons purchase in Adriatic Port".

(109) Amnesty International Terror Trade Times, Issue No. 4, June 2003, (AI Index: ACT 31/002/2003)

(110) Amnesty International, A Catalogue of failures, op cit

(111) United Nations Educational, Scientific and Cultural Organisation

(112) U.N. Wire, 26 Sep 2003

(113) U.N. Wire, 13 Nov 2003

(114) For more details, see Georges Berghezan "Trafics d'armes vers l'Afrique – Plein feux sur les réseaux français et le savoir-faire belge", GRIP, 2002.

(115) Ken Silverstein, "The Arms Dealer Next Door: International billionaire, French prisoner, Angolan weapons broker, Arizona Republican. Who is Pierre Falcone?" http://inthesetimes.com/issue/26/04/feature4.shtml

(116) See Amnesty International, Terror Trade Times No 3, June 2002

(117) France Issues Arrest Warrant For Angolan Envoy To UNESCO, www.unwire.org/UNWire/20040116/449_12156.asp

(118) See Amnesty International, "A Catalogue of Failures", chapter 4, op cit

(119) Arie Farnam, "Iraq buying arms in East Europe's black markets", Christian Science Monitor, 11 September 2002. As cited in Arms Trade, Human Rights, and European Union Enlargement: The Record of Candidate Countries, A Human Rights Watch Briefing Paper, 8 October 2002

(120) "Catalogue found on detained Czechs offers all Russian-made arms," CTK (Prague), August 29, 2002. As cited in Arms Trade, Human Rights, and European Union Enlargement: The Record of Candidate Countries, A Human Rights Watch Briefing Paper, 8 October, 2002

(121) For examples, see Wood and Peleman, The Arms Fixers chapters 3, 5, 6 and 7, op cit

(122) Copenhagen Post Online, 13 March 2003, "Shippers aid dictators - Shipping companies defy a EU embargo by transporting arms to 'rogue nations'". http://www.cphpost.dk/get/65950.html

(123) http://archives.tcm.ie/irishexaminer/2002/02/08/story22701.asp

(124) Balcombe was dissolved in 2000.

(125) http://archives.tcm.ie/irishexaminer/2002/02/08/story22701.asp

(126) As cited in Controlling Arms Brokering, Holger Anders, GRIP/PAX Christi, January 2004: a detailed analysis of all EU national legislation and controls.

(127) Controlling Arms Brokering, Anders, op cit.

(128) Ripe for Reform, op cit

(129) Anthony Barnett, 'Exposed: global dealer in death', The Observer, 27 April 2003.

(130) Ibid

(131) An independent audit of the 2002 UK Government Annual Report on Strategic Export Controls, Saferworld, February 2004, www.saferworld.co.uk/Audit_Intro%20&%20Sect%201.pdf

(132) Note Verbale 2 March 2001 from the Permanent Mission of Sweden to the United Nations. AEuropean Union proposes to strengthen section II, paragraph 12, on national measures, and to include a political commitment regarding the elaboration, at the international level, of a legally binding instrument on arms brokering, as envisaged in Section IV, paragraph I(d).

(133) The Dutch and German governments have been very active, especially in alliance with Norway. See the documents on the Dutch-Norwegian Initiative on www.nisat.org

(134) As cited in Controlling Arms Brokering, op cit

(135) Elements for Effective Legislation on Arms Brokering, Agreed at the 2003 Wasseenaar Arragnement Plenary, www.wassenaar.org/2003Plenary/Brokering_2003.htm

(136) Council Common Position 2003/468/CFSP on the control of arms brokering, 23 June 2003

(137) Licensed production agreements are often also referred to as licensed manufacturing agreements, co-production agreements, technology transfer agreements and sometimes classified within the general term of "offsets".

(138) www.hal-india.com/helicopter/products.asp

(139) Jane's Defence Weekly 1 March 2001, 'Indian Army orders Lancer conversions.'

(140) Jane's Defence Weekly 28 February 2001, 'Indian Army to get first Lancers in upgrade project.'

(141) International Defense Review, 15 January1999, India Cheetah Upgrade for Attack role, p 7.

(142) http://www.policeaviationnews.com/Acrobat/June2003.pdf

(143) Jane's Defence Weekly 13 February 2002, 'Royal Nepalese Army Air Service bolsters fleet.'

(144) Amnesty International, Nepal : A spiralling human rights crisis, , 4 April 2002 (AI Index: ASA 31/016/2002)

(145) Hundreds Of Maoists Killed In Air Strikes, May 6, 2002, www.cbsnews.com/stories/2002/05/08/world/printable508317.shtml.

(146) 'A Turkish ammunition plant under Belgian licence', Hilde Herssens, Flemish Network on Small Arms, February 2001.

(147) Military Technology, September 2001, p27

(148) Amnesty International, Annual Report 2003, http://web.amnesty.org/report2003/index-eng

(149) Roketsan company brochure, IDEF 2001.

(150) Roketsan company brochure, IDEF 2003

(151) Jane's Infantry Weapons 2002-3, p235

(152) Jane's Defence Weekly, 27 May 1998, 'Failures delay Pakistani Tank Ammunition Plan'. p18. It follows the development of a DU round for the Pakistan Army's Chinese-designed T-59 tanks, which have been re-armed with 105mm guns and currently fire a license-built version of the British L64A4 tungsten APFSDS projectile. www.gupistan.com/forums/showthread/t-75796.html

(153) Jane's Intelligence Review, 1April 2000, 'Transition time in Pakistan's Army'

(154) Jane's Intelligence Review, 1 June 2000, 'Myanmar's military links with Pakistan : Evidence of close ties between the armed forces and defence industries of Myanmmar and Pakistan has led to concerns over the region's future stability.

Only last year the SLORC's successor, the State Peace and Development Council (SPDC), purchased two shiploads of ammunition from the POF. These shipments, reportedly valued at $3.2 million, included a wide range of military materiel. There was: .38 revolver ammunition; 7.62mm machine gun ammunition (and spare barrels for the Tatmadaw's MG3 machine guns); 77mm rifle-launched grenades; 76mm, 82mm and 106mm recoilless rifle rounds; 120mm mortar bombs; 37mm anti-aircraft gun ammunition; 105mm artillery shells; and ammunition for Myanmar's new 155mm long-range guns. The latter included both high explosive and white phosphorous rounds.

(155) www.lanka.net/sundayleader/2001/feb/18/politics.html 18/2/2001: As Pakistan came to assist Sri Lanka.

(156) See for example, Amnesty International, Sri Lanka: Amnesty International gravely concerned about killing of civilians, 23 November 1999 (AI Index: ASA 37/29/99)
"Amnesty International is gravely concerned about the killing of 37 civilians when at least three shells were fired at Madhu Church in northern Sri Lanka on 20 November, during fighting between the Sri Lanka army and the Liberation Tigers of Tamil Eelam (LTTE). Those killed included 13 children. They were amongst 3,000 civilians displaced from their homes who had sought safety in the compound of the church as fighting escalated in the area. While the circumstances of the shelling remain unclear, it is clear that both the security forces and the LTTE were aware that civilians were sheltering at the church. Thus, both parties were obliged to take all necessary measures to prevent civilian casualties."

Also Amnesty International, Urgent Action 24/96. Sri Lanka: Deliberate and arbitrary killings / Fear of further killings. (AI Index: ASA 37/03/96)

(157) Hansard, 13 Feb 2002 : Column 444W. Pakistan Ordnance Factories

(158)  Arms Industry.

(159) www.entemp.ie/export/briefingnote.doc

(160) www.army-technology.com/contractors/vehicles/timoney

(161) "The deals that link Ireland to war: The current boom in military spending is increasing sales by Irish-based technology firms to the defence industries. But are these sales being logged as military exports?" 18 January 2003 http://www.ireland.com/focus/iraq/features/fea12.htm

(162) www.china.org.cn/english/1848.ht www.china.org.cn/english/1848.htm 9/2000: Irish Mission concludes landmark visit.

(163) Jane's Defence Industry, 1 November 2001 IRELAND - Timoney Technology Ltd'

(164) http://defence-data.com/dsei/pageds1044.htm

(165) Jane's Defence Weekly, 15 October 2003, 'Terrex infantry fighting vehicle moves ahead'

(166) Jane's Defence Weekly 8 October 2003, 'Teams form for Turkish vehicle programmes'.

(167) Amnesty International Urgent Action, 22 March 2002 (AI Index: EUR 44/019/2002). The police officer responsible was later acquitted.

(168) See www.arsenal-bg.com/defense_police/60mm-m6.htm and www.arsenal-bg.com/defense.htm

(169) http://www.hemusbg.org/Web%20Catalogue/en/product1_2_1.htm

(170) Throughout the 1990s Bulgaria became increasingly implicated in arms exports to regions of conflict and to human rights abusing forces An article in the Sofia Novinar newspaper in May 2001 shows the extent of Bulgaria's involvement in arms exports to African countries: "Bulgarian companies are able to sell arms in Africa thanks to good contacts dating back to totalitarian times. The Arsenal Corporation was reported to have sold arms for $7–8 million to Chad and Angola, and the Ministry of Defence's Procurement and Trade Department sold weapons for another $3.7 million. The total for the entire industry was $160 million.( Sofia Novinar, 9 May 2001. 'We are ruining our own arms trade' [in Bulgarian], Gancho Kamenarski.',). See also UN Security council reports on Bulgarian involvement in supplying arms to UNITA in breach of UN sanctions.

(171) The Caribbean Group of Companies (Carigroup) describes itself as a company "specialized in Specialty Materials involving, Defense and Police Equipment, Automotive Equipment and sales, lease and supply of all aviation related items." (See www.carigroup.com) In February 2004, it was offering a package of arms and ammunition including "60mm Mortar M6-211LR Hirtenberger-Licence". ( See www.carigroup.com/ninja1.htm (accessed 5/2/2004 – but no longer available)

(172) http://register.consilium.eu.int/pdf/en/01/st13/13657en1.pdf

(173) http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/c_320/c_32020031231en00010042.pdf

(174) The US State Department must notify Congress before licensed production agreements over $50 million are approved.

(175) Components include subsystems, electronics, software, production equipment and technology, and engines – anything that is not a complete or finished weapons system, a weapons platform, a weapon, or ammunition. Components also include spare parts and upgrades of equipment already in service

(176) For a detailed analysis of the deficiencies of the UK control of MSP components see: Lock, stock and barrel, op cit

(177) Memorandum submitted by the Defence Manufacturers Association, http://www.parliament.the-stationery-office.co.uk/pa/cm199900/cmselect/cmtrdind/52/91109a07.htm

(178) Often called the "Wassenaar dual-use list" as agreed by the Wassenaar Arrangement of arms exporting states. The list of dual-use items is set out in Annex 1 and Annex IV of the Council Regulation (number 1334/2000) "setting up a Community regime for the control of exports of dual-use items and technology" of 22 June 2000. This dual-use regime superseded the previous one of 1994 (Regulation (EC) No 3381/94(2) and Decision 94/942/CFSP(3).

(179) For example, components have been transferred from the UK to Turkey for incorporation in armoured vehicles manufactured by Otokar, yet because these components are classed by the UK government as civilian they have not required export licences. See Out of Control, the Loopholes in UK Controls of the Arms Trade, Oxfam GB, December 1998

(180) Export Licensing for Military and Dual-use goods, June 2003, Fitzpatrick Associates, p24. www.entemp.ie/tcmr/finalreport.pdf.

(181) www.ddc-web-com/aplications/military.asp (accessed April 2004)

(182) www.ddc-web.com/applications/mil_app.shtm 2/2001. Military Aircraft, such as the F-16 Fighting Falcon, C-130 Hercules Transport, B-1 Bomber and the AH-64 Apache Attack Helicopter, utilize DDC's MIL-STD-1553 Data Bus products.

(183) www.mimdef.gov.sg/display.asp?number=1772 , 9 April 2003

(184) Information provided to Amnesty International in December 2003. In Turkey there has been a decrease in the use of helicopter gunships since the ceasefire in the southeast of the country in 1999; but helicopters are still being supplied to military units who have been implicated in human rights violations in the past.

(185) Letter from Department of Enterprise, Trade & Employment to Amnesty International Irish Section 3 July 2001.

(186) However, a 2001 Press release from DDC UK Ltd announcing that DDC and the Israeli company, Ampol Technologies, would be combining efforts to transform DDC's existing line of MIL-STD-1553 and ARINC-429 databus interface cards into enhanced, COTS (commercial off the shelf) turnkey solutions for communications and avionics systems - beginning with the integration of DDC cards and Ampol's field-proven dataMARS and dataSIMS software suite.stated that "DDC has its European Headquarters in Newbury, UK, a manufacturing plant in Cork, Ireland, and sales offices in Germany and France." which suggests that the MIL_STD-1553 data bus manufacturing is undertaken in Ireland.

DDC and Ampol in avionics comms test alliance, 7 May 2001, www.electronicstalk.com/news/ddc/ddc100.html

(187) Written answer on 11 February 2004, Ref No: 4215/04

(188) Information from this section extracted and summarised from a paper on Dutch export policy written for AI Netherlands by Martin Broek, 2004

(189) Report of a general discussion on Dutch arms export policy, 22 054 no. 79, Tweede Kamer 2003-2004.

(190) 'Declaration of Principles (DoP), between the Netherlands and US,' 12/03/02

(191) Export orders for air-launched Hellfire missiles have been reported to Canada, Egypt, Greece, Israel, South Korea, Kuwait, Netherlands, Saudi Arabia, Singapore, Taiwan, Turkey and UAE. http://www.janes.com/defence/air_forces/news/jalw/jalw001013_1_n.shtml

(192) Bahrain, Chile, Greece, Israel, Jordan, Oman, Poland, Portugal, and UAE

(193) http://www.philips.com/InformationCenter/Global/FArticle summary.asp?lNodeId=772&channel=772&channelId=N772A2046 (modified Monday 01/10/03)

(194) Jane's Missiles and Rockets, February 01, 2004, 'Poland orders Feniks-Z artillery rockets'.

(195) Jane's Defence Weekly, 24 October 2001, 'Feniks-Z 122mm rocket passes qualifying tests'.

(196) Jane's Defence Weekly, 23 April 2003, 'Poland accepts indigenous cargo ammunition'.

(197) Jane's Defence Weekly, 3 July1996, 'New Franco-Russian Ammo Design for Grad'.

(198) Amnesty International, Russian Federation: Brief summary of concerns about human rights violations in the Chechen Republic. 1996 (AI Index: EUR 46/20/96.)

(199) Amnesty International, Russian Federation: Chechyna for the Motherland. Reported grave breaches of international humanitarian law. Persecution of ethnic Chechens in Moscow. 1999 (AI Index: EUR 46/046/1999)

(200) Jane's Intelligence Review – Pointer, 1 November 1996, Africa, Moi set to remain in power.

(201) See for example Human Rights Watch Arms Project, 1997, Stoking the Fires : Military Assistance and Arms Trafficking in Burundi

(202) The Guardian, 20 June 1996, "'Secret' Bullet Factory Sparks fears in Kenya"

(203) United Nations, Department of Humanitarian Affairs, Integrated Regional Information

Network, "Great Lakes: IRIN Update 115," March 4, 1997. [As cited in Burundi Human Rights Watch Report]

(204) Jane's Intelligence Review – Pointer: Africa, 1 February 1998, 'Press silenced in Ammunition Query'; Human Rights Watch interview with officials at the Foreign Ministry, Brussels, June 20, 1997. In later correspondence, the Belgian government declared: "The Government of Kenya has given written assurances that, if the amount of the ammunition produced at the Eldoret factory would exceed the domestic demand, no export to belligerent parties in the region will be approved. The letter of the Government of Kenya cannot, however, be divulged." Letter from Johan Verbeke, Deputy Chief of Mission, Embassy of Belgium, Washington, D.C., to Human Rights Watch, September 10, 1997.

See also "Belgium Lifts Suspension on Bullet Factory Permit," The East African (Nairobi), May 19-25, 1997.

(205) GRIP, 2002, Marking and Tracing Small Arms and Light Weapons ; Improving Transparency and Control, http://www.grip.org/pub/rapports/rg02-hs1_alg.pdf

(206) The East African, October 20, 2003, 'Kenya Will Not Close Eldoret Bullet Factory, Says Murungaru', According to 'Jane's Intelligence Review' of 1996, the factory's capacity is 20,000-60,000 bullets per day and local consumption is about two million bullets per year

http://www.nationaudio.com/News/EastAfrican/20102003/Regional/Regional35.html

(207) Amnesty International, Terror Trade Times 3, 2002 (AI Index: ACT 31/001/2002) web.amnesty.org/web%5Cweb.nsf/printpages/ttt3_smallarms

(208) Africa Confidential, Volume 45, numer 2, 23 July 2004, www.africa-confidential.com/country.aspID=48

(209) The Letter of Intent text and related documents are available on the SIPRI export controls website: http://www.sipri.se

(210) The "Framework Agreement between the French Republic, the Federal republic of Germany, the Italian Republic, the Kingdom of Spain, the Kingdom of Sweden, and the United Kingdom of Great Britain and Northern Ireland concerning Measures to Facilitate the Restructuring and Operation of the European Defence Industry" was signed on 27th July 2000. It is available on the SIPRI website at: http://projects.sipri.se/expcon/expcon.htm.

(211) 'The Europeanisation of Arms Export Policies and Its Impact on Democratic Accountability', Sibylle Bauer, Phd thesis, submitted at Université libre de Bruxelles and Freie Universität Berlin, May 2003

(212) Article 13, 2(a), Framework Agreement op cit.

(213) http://www.parliament.the-stationery-office.co.uk/pa/cm200001/cmselect/cmdfence/115/11502.htm

(214) Concerns raised regarding the use of mercenaries in Papua New Guinea. See Amnesty International - Report - ASA 34/04/97. 8 March 1997. 'Open Letter to Prime Minister Sir Julius Chan. Papua New Guinea'.

(215) Amnesty International, Zaire. Rape, killings and other human rights violations by the security forces. February 1997 (AI Index: AFR 62/006/1997)

(216) Amnesty International, Côte d'Ivoire: Amnesty International fears settling of scores and xenophobia, September 2002 (AI Index: AFR 31/001/2002)

(217) Amnesty International, Equatorial Guinea: Alleged mercenaries and opposition activists at grave risk of torture and death. March 2004 (AI Index: AFR 24/004/2004)

(218) Cape Times 'Lubowski killer named'. 29 June 1994.An inquest in Windhoek, Namibia, has named an Irish mercenary as the assassin of SWAPO lawyer and activist Anton Lubowski, who was gunned down in 1989. Eight operatives of the SA Civil Cooperation Bureau (CCB) hit-squad were named as accomplices. Acheson was arrested shortly after the shooting, but was released for lack of evidence. The CCB has since been disbanded.

(219) The Times, 29 September 1995, 'French mercenary leads fresh coup in Comoros'.

(220) A/50/390/Add.1, 29 August 1995 , Use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, Note by the Secretary-General, Addendum

(221) Enrique Bernales Ballesteros, the UN Special Rapporteur on the use of mercenaries. United Nations, Commission on Human Rights, 'The Right of Peoples to Self-Determination and its application to peoples under colonial or alien domination or foreign occupation'. E/CN.4/1995/29, 21 December 1994

(222) United Nations, 76th plenary meeting, 9 December 1988. 43/168. Report of the Ad Hoc Committee on the Drafting of an International Convention against the Recruitment, Use, Financing and Training of Mercenaries. A/RES/43/168. The Convention finally came into force on 20 October 2001 when Costa Rica became the 22nd state to deposit instruments of ratification or accession with the UN Secretary General The other 21 states who had already done this are: Azerbaijan, Barbados, Belarus, Cameroon, Croatia, Cyprus, Georgia, Italy, Libya, Maldives, Mauritania, Qatar, Saudi Arabia, Senegal, Seychelles, Suriname, Togo, Turkmenistan, Ukraine, Uruguay and Uzbekistan.

(223) Republic of South Africa Government Gazette, 20 May 1998, vol 395 no 18912

(224) Loi nr. 2003-340 du 14 avril 2003 relative à la répression de l'activité de mercenaire.

(225) Cote D'Ivoire: Wave of arrest in connection with coup plot, 23 - 29 August 2003, IRIN-WA Weekly Roundup 190

(226) In October 2002 the UK newspaper The Times reported that more than 40 British, French and South African troops were being deployed with two Mi24 "Hind" helicopter gunships to protect President Gbagbo. "Wild Geese fly to war in Ivory Coast", The Times, 31st October 2002. In February 2003, the Guardian reported that the majority of these pilots had left Cote D'Ivoire under pressure from France. However, six helicopter gunship pilots – a UK former member of B squadron SAS, a Frenchman and four South Africans – remained. "British mercenaries find a new ferocity in Ivory Coast: Shunned by the west, soldiers of fortune scent new oppportunities in Africa," The Guardian, 22nd February 2003

(227) These countries included Belgium, Czech Republic, Finland, France, Italy, Poland, Sweden and the United Kingdom.

(228) Enrique Bernales Ballesteros, "The question of the use of mercenaries as means of violating human rights and impeding the exercise of the rights of peoples to self determination", January 2001, E/CN.4/2001/19, paragraph 64.

(229) Extracted and summarised from Amnesty International, G8: A catalogue of failures, op cit

(230) Jane's Defence Weekly, October 10, 2001, 'Industry round-up - Michot to head France's Défense Conseil International'.

(231) Jane's Defence Weekly, 10 April 1993, Business focus : Oiling the wheels of Export Industry.

Each subsidiary can act as either consultants offering a range of services including aid with defining technical specifications for equipment or as lead contractors in the framework of turnkey contracts. They can also act as technical assistants, providing full equipment training and operational training as well as the transfer of know-how.

(232) The chairperson of Amnesty International France wrote to DCI after the conference to discuss human rights but so far there has been no reply

(233) "Group 4 security firm pulls guards out of West Bank," The Guardian, 9th October 2002; 'Security firm bearing weapons for Israel' Copenhagen Post, 19 September 2002.Controversy erupted this week over Group 4 Falck's involvement in illegal settlement operations on the West Bank. www.cphpost.dk/get/64578.html)

(234) Ibid

(235) http://home.wanadoo.nl/m.bruyneel/archive/modern/saprse.htm

(236) Lloyd's List, August 25, 1999, 'Piracy: Dutch mercenaries to set up training base at Subic Bay.'

(237) The Council Joint Action of 22 June 2000 "concerning the control of technical assistance related to certain military end-uses" (2000/401/CFSP) requires EU Member States to control the provision of technical assistance that is either intended for use in connection with weapons of mass destruction or missiles for their delivery, or for conventional military goods for countries subject to EU, OSCE or UN arms embargoes. This instrument's definition of technical assistance is "any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, training, transmission of working knowledge or skills or consulting services […] 'Technical assistance' includes oral forms of assistance.." However, this instrument is very limited: it does not cover the provision of technical assistance for conventional military goods to any countries not under an arms embargo but where such assistance is likely to contribute to human rights violations.

(238) The amendment to the US annual Foreign Operations and Defense Appropriations Act known as the "Leahy Law" was first introduced in1996. It requires background screening for past human rights violations of foreign recipients of US military and police training. For more information see Amnesty International (USA), Unmatched Power, Unmet Principles, New York 2001

(239) On 16th January 2004 IRIN reported that France had donated 46 military vehicles and equipment worth US $3.2 million for use by the army and gendarmerie of the Central African Republic. This aid was part of a package of assistance which has included the training of three battalions of the CAR army and 30 gendarmerie units. For more details see: Central African Republic: France trains Bangui army, IRIN, 16th Setember 2003, http://www.africahome.com; France Defends its latest coup, IRIN, 16th January 2004, http://www.ocnus.net

(240) Annexes of the Information Report Assemblée Nationale N°3394, 20 November 2001. In March 2003 France subsequently signed a military agreement with Uzbekistan, see Interfax, March 18 2003, www.uzland.uz/2003/march/19/11.htm. See also Amnesty International, A Catalogue of Failures, op cit

(241) In "La cooperation militaire en question" p25, Observatoire des Transferts d'Armements Belkacem Elomari 2001

(242) In "Control the foreign operations" Assemblée Nationale 8 March 2000 n° 2237

(243) National Assembly 1114, 8 October 1998, Page 41

(244) France opens military staff college in Afghanistan, Daily Times [of Pakistan], 15 February 2004, http://www.dailytimes.com

(245) Observatoire des Transferts d'Armements - La Cooperation militaire Francaise en question Belkacem Elomari 2001

(246) from www.france.diplomatie.fr/mae/dcmd.gb.html ; Information report, Assemblée Nationale 20 November 2001, p34, cited in Amnesty International, A Catalogue of Failures, op cit

(247) Telephone call to Ministry of Defence, 25 April 2003. See Amnesty International, A Catalogue of Failures, op cit

(248) Amnesty International, Togo: Rule of Terror, May 1999 (AI Index: AFR 57/001/1999)

(249) In a previous document, published in 1993, Amnesty International had already pointed to the link between military, security and police transfers and human rights violations in Togo.

(250) See also chapters on surveillance/intelligence.

(251) Amnesty International, Annual Report 2003 op cit

(252) Amnesty International, Colombia: a laboratory of war: repression and violence in Aruaca, April 2004, (AI Index: AMR 23/004/2004))

(253) Secret Aid Poured into Colombian Drug War', The Guardian, 9 July 2003

(254) Details were withheld under Exemption 1 of the Code of Practice on Access to Government Information, which covers information whose disclosure would be harmful to national security, defence or international relations. He added that the uncertainties over UK action in Iraq made planning for continued assistance of this kind (impossible at present). Hansard, 31 March 2003.

See also El Tiempo 12 March 2003, and a report on semana.com, 2 August 2002. In an interview published in the same Colombian online magazine on 16 May 2003, the UK Foreign Office Minister responsible for Latin America, Bill Rammell, said that "we are cooperating in all areas, but I cannot give details".

(255) 'Secret Aid Poured into Colombian Drug War', op cit; also El Espectador, 18 May 2003

(256) Colombia: flow of arms contributes to increased human rights violations MSP Action Circular, Amnesty International MSP, October 2003 (Internal document. AI Index: AMR 23/010/2003)

(257) 'Secret Aid Poured into Colombian Drug War', The Guardian, 9 July 2003

(258) El Espectador, 8 March 2004

(259) However, it was reported in March 2004 that the newly elected Spanish government which was due to take power at the end of April 2004 said it may review the 2003 agreement: Semana, 22 March 2004

(260) 21 Jul 2000 : Column: 338w - 340W ,Foreign Military Personnel

(261) Amnesty International, Jamaica: Police killings: Appeals against impunity, August 2001 (AI Index: AMR 38/012/2001)

(262) Amnesty International, Annual Report 2001 (AI Index: POL 10/001/2001)

(263) Amnesty International, Killing and violence by police: How many more victims? April 2001 (AI Index: AMR 38/003/2001)

(264) Amnesty Interantional, Jamaica: The killing of the Braeton Seven – A justice system on trial, March 2003 (AI Index: AMR 38/005/2003) and Jamaica: Government fails relatives of the Braeton Seven, 13th March 2003 (AI Index: AMR 38/007/2003)

(265) EU Joint Action on Small Arms, 17 December 1998. http://projects.sipri.se/expcon/eusmja.htm

(266) Press release from EU ASAC, the Programme of European Union Assistance on Curbing Small Arms and Light Weapons in Cambodia, 14 November 2003, cited in Amnesty International, Oxfam and IANSA, Guns and Policing: Standards to Prevent Misuse, February 2004 (AI Index: ACT 30/001/2004)

(267) The Working Group for Weapons Reduction in Phnom Penh has organized 22 public forums for local authorities, policemen and officials to dialogue together on weapons reduction, security and their role in responding to the above problems in their communities and building trust among themselves.

(268) For more information on management of police firearms please see Amnesty International, Guns and Policing: Standards to Prevent Misuse, February 2004, (AI Index: ACT 30/001/2004)

(269) Brian Wood, with Undule Mwakasungura and Robert Phiri, Report of the Malawi Community Safety and Firearms Control Project, Lilongwe, August 2001.

(270) Amnesty International, Policing to Protect Human Rights, op cit

(271) See EU Code Operative Provision 6 which requires EU Member States to apply the Code to "dual- use goods as specified in Annex 1 to the EU Council decision 94/942/CFSP2 where there are gounds for believing that the end user of such goods will be the armed forces or internal security forces or similar entities in the recipient country."

(272) An Appraisal of the Technologies of Political Control, Interim Report for the STOA Panel (The Assessment of Scientific and Technological Policy Options for the European Parliament), September 1998, PE 166.499/Int.St./Exec.Sum./en, http://www.europarl.eu.int/stoa/publi/166499/execsum_en.htm;

"Big brother was watching", Time, 26 June 1989; the World Bank assistance is documented in China's Golden Shield: Corporations and the Development of Surveillance Technology in the People's Republic of China, 2001 www.ichrdd.ca/english/commdoc/publications/globalization/goldenShieldEng.html

(273) Amnesty International, Colombia: a laboratory of war: repression and violence in Arauca, op cit

(274) The Office of the Attorney General (Fiscalía General de la Nación) was set up by the 1991 Constitution to investigate and prosecute all crimes committed in Colombia, including human rights violations and abuses.

(275) The role of the Office of the Procurator General (Procuraduría General de la Nación) is to carry out disciplinary investigations into allegations of misconduct, including human rights violations, by public officials, such as members of the security forces.

(276) For example, ML5b Surveillance systems, ML11 Transmitters military radios, ML15b Cameras & components, ML22b1d - Command, Communications, Control and Intelligence (C3I) software

(277) For example, 5A001 Telecommunications equipment, 5A001b2 Radio equipment, 5D001 Telecommunications equipment/system software, 6A003b.2 Cameras scanning & scanning camera systems, 6A003b.1 Cameras video using solid state sensors,

(278) European Council Declaration on China: Madrid, 26-27 June 1989

(279) http://security.thalesgroup.com/case_study/case15.htm 'People's Republic of China Uses Secure Identification Technology for Smart Card Based ID Card.'

(280) http://www.china.org.cn/english/government/68036.htm

(281) "China's Cyber Crackdown : The Internet was supposed to give dissidents power and influence. But Beijing seems to be winning round one," Newsweek International, 12 August 2002

(282) Saudi Arabia; Human Rights group founder resigns; Interior Minister criticises western media. Agence France-Presse in English 1110 gmt 24 May 93. ...The message addressed to King Fahd by about 30 religious signatories called for a review of Saudi laws "in a bid to make them conform with shari'ah (Islamic law)" and the abolition of "torture and telephone tapping".

(283) Mexico: Amnesty International gravely alarmed at sharp increase in human rights violations against civil and human rights activists. 14 October 1996 (AI Index: AMR 41/64/96.)

(284) Article 6 of the Human Rights Defenders Declaration reflects Article 19 of the ICCPR to which India is a party. However, the rights set out in these international standards are regularly ignored. It is acknowledged that correspondence to and from many civil liberties organizations (particularly those which operate in areas of armed conflict) is intercepted by the authorities and that their telephones are regularly tapped. Information and documentation sent to international human rights organizations is often intercepted and much of it does not reach its destination. See Amnesty International, Persecuted for challenging injustice. Human rights defenders in India, (April 2000. AI Index ASA20/08/00)

(285) Amnesty International, Tunisia : Human rights in peril despite government propaganda. News Service: 214/98, AI Index: MDE 30/26/98, 4 November 1998

(286) (La Prensa on the Web from AFP, San Pedro Sula, 6/23/98).The Guatemalan government did not acknowledge its participation in the phone-tapping. The Military Intelligence organization claimed that it was the responsibility of the Ministry of Government, and the Interior authorities that it was the Armed Forces responsibility.

(287) See for example: Article 12 of the Universal Declaration of Human Rights; Article 17 of the Covenant on Civil and Political Rights; Article 7 of the EU Charter of Fundamental Rights; Article 8 of the European Convention on Human Rights; Article 7 of the Council of Europe Convention on the Protection of Persons with regard to the automatic processing of automatic data.

(288) For example see the description of the work of the Working Group on Lawful Interception in the European Telecommunications Standards Institutes 1999 Annual Report and Accounts. See www.etsi.org/sec.

(289) Annex B: draft requirements for interception across national frontiers. ETSI Technical Report ETR 331 December 1996. [European Telecommunications Standard Institute].

(290) See 3G TS 33.106 v3.0.0 (1999-07) Technical Specification. 3rd Generation Partnership project; technical Specification Group Services and Systems Aspects; WG3 Security; Lawful Interception Requirements.

(291) See EN 301 040 v2.0.0 (1999-06). Terrestrial Trunked radio (TETRA); Security; Lawful Interception (LI) interface;

(292) Electronic Privacy Information Center (USA) and Privacy International (UK) (2001) : Privacy and Human Rights 2001 : An International Survey of Privacy Laws and Developments, www.privacyinternational.org/survey/phr2001/phr2001.pdf

(293) "FBI'S "Big Brother" Eye on the Internet". Intelligence, N. 104, 27 September 1999, p. 12

(294) Annex B: draft requirements for interception across national frontiers. ETSI Technical Report ETR 331 December 1996. NOTE: the above requirements are subject to further review, particularly with regard to questions of extraterritoriality.

(295) Taiwan takes stick on human rights, China News, December 8, 1997. Cited in Privacy and Human Rights 1999. An International Survey of Privacy Laws and Developments. Electronic Privacy Information Center & Privacy International.

(296) Privacy & Human Rights: An International Survey of Privacy Laws and Developments, 2003, EPIC & Privacy International, http://www.privacyinternational.org/survey/phr2003/countries/taiwan.htm

(297) Amnesty International, Turkmenistan: clampdown on dissent, a background briefing, September 2003 (AI Index: EUR: 61/015/2003)

(298) http://www.state.gov/g/drl/rls/hrrpt/2002/18397.htm

(299) See also TDA Making Connections with Eurasia Project Resource Guide I-TM-1 PDF file

(300) Problems with joints, Der Spiegel no. 46, 2003

(301) Letter from Dr P Ramm, Siemens AG to Amnesty International, 17 February 2004

(302) El Tiempo, 3 March 2003 and 'España cederá a Colombia ocho aviones militares Mirage F-1,' EFE 28 February 2003

(303) El Tiempo 12 March 2003

(304) Report on semana.com, 2 August 2002. In an interview published in the same Colombian online magazine on 16 May 2003, the UK Foreign Office Minister responsible for Latin America, Bill Rammell, said that "we are cooperating in all areas, but I cannot give details". Amnesty International is concerned that General Rito Alejo Del Río, who has been implicated in judicial investigations for coordinating paramilitary groups which committed numerous human rights violations in the departments of Antioquia and Chocó, is reported to be playing an important role in the creation of the new military intelligence structure. (Criminal investigations into the former general were closed in March 2004)

(305) "Ministro francés elogia logros contra drogas y el terrorismo", El Colombiano 24 July 2003

(306) See the US Department of State International Information Program (http://usinfo.state.gov/topical/global/drugs/canal.htm). The site contains the speech of the Deputy Assistant Secretary of Defence on 9 June, 2000 which confirmed the agreement between the US and Dutch governments regarding the use of Dutch FOLs.

(307) Report submitted by Ms Hina Jilani, Special Representative to the Secretary-General on human rights defenders: Mission to Colombia, October 2001, E/CN.4/2002/106.Add.2 http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/2718664e3817d66ac1256ba30054390f/$FILE/G0213563.pdf

(308) General Assembly resolution 53/144. 'Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.' A/RES/53/144. 8 March 1999.

(309) Amnesty International, Togo: an election tainted by escalating violence, June 2003 (AI Index: AFR 57/005/2003)

(310) Amnesty International Irish Section, Ireland and the arms trade: decoding the deals, 2001

(311) "Saudi Arabia: Saudi Minister on Introduction of Internet, Call Charges", FBIS-NES-98-311, 7 Nov 1998

(312) "The Internet's 'Open Sesame', New York Times cited in "The Internet in the Middle East and North Africa - Country Profiles - Saudi Arabia", Human Rights Watch.

(313) See for example the 2001 report - China's Golden Shield: Corporations and the Development of Surveillance Technology in the People's Republic of China, op cit

(314) Amnesty International , People's Republic of China: Controls tighten as Internet activism grows, January 2004 (AI Index: 17/001/2004)

(315) In November 2002, Amnesty International documented 33 people who had been detained for Internet-related offences, including three Falun Gong practitioners who had reportedly died in custody.

(316) Severe Acute Respiratory Syndrome

(317) See for example 'Online Police appear in Internet Bars in Xi'am', CND-Global, 7 August 2001. www.cnd.org/Global/01/08/07/010807-9.html and >The Internet and State Control in Authoritarian Regimes: China, Cuba and the Counterrevolution. A report from the Information Revolution and World Politics Project, Carnegie Endowment , 21 July 2001. Report No. 21. The Harvard Law School study is: Jonathan Zittrain and Benjamin Edelman, Empirical Analysis of Internet Filtering in China, Berkman Centre for Internet and Society, Harvard Law School,

http://cyber.law.harvard.edu/filtering/china/


(318) Amnesty International, State Control of the Internet in China, November 2002 (AI Index: 17/007/2002)

(319) EU Presidency Statement on victims of torture, 25 June 2002 , http://europa-eu-un.org/article.asp?id=1470

(320) For many years Amnesty International has documented the misuse of 'standard design' handcuffs for acts of torture, and cruel, inhuman and degrading treatment. Between 2000-2004 there were at least 38 companies in 17 of the EU or New Member States manufacturing, selling or marketing handcuffs. However such figures are an underestimate as a number of governments do not define handcuffs as "controlled goods" under their trade laws. In the UK, for instance, no export licence and therefore no end user certificate is required for the export of handcuffs, so it is not possible to monitor to which countries UK handcuffs are exported.

(321) Rule 33 of the 1955 United Nations' Standard Minimum Rules for the Treatment of Prisoners, states: "Chains or irons shall not be used as restraints" and, moreover, that "Instruments of restraint, such as handcuffs, chains, irons and strait-jackets, shall never be applied as a punishment." Rule 33's probibition includes leg irons, ankle bars, leg-cuffs, body chains, thumb-cuffs and any other form of metal shackle on the hands or feet.

(322) Source: Bureau of Export Administration, Freedom of Information request, 15 October 2002

(323) www.bxa.doc.gov/News/2003/AnnualReport/appendixf.doc

(324) Amnesty International, Stopping the torture trade, February 2001, (AI Index: ACT 40/002/2001)

(325) Estonian government response to "Questions from Amnesty International for a report about controls on arms exports from EU and Accession States", March 2004.

(326) www.alcyon.es/catalog/alcybehe.php?language=en In 1921, the company started what has been its main activity until now, the manufacture of handcuffs.

(327) Observer, September 10, 2000, p15, 'Shame of British firms who trade in torture: Revealed: How UK companies are exploiting legal loopholes to broker the export of deadly instruments to the Third World.'"

(328) For example, Larrañaga y Elorza exhibited at IWA 2003 and IWA 2004.

(329) http://www.centurion.com.ve/prodalcyon.htm. Feb 2004

(330) The same handcuffs are also described as being used for the: 'Combination #5281 Handcuff #5050 and Hobbles'. www.assegaitrading.co.za/handcuffs_hobblesbelly.htm Feb 2004

(331) Leg Irons 5270 Nickel . www.assegaitrading.co.za/handcuffs_legirons.htm. Feb 2004

(332) See Amnesty International, The Pain Merchants, December 2003, (AI Index: ACT 40/008/2003) for further details of electroshock torture throughout the world.

(333) Source: Omega Foundation database (numbers of companies in brackets): Existing EU member states : Austria (1), Belgium (1). France (11), Germany (29), Netherlands (1), Portugal (1), Spain (2), UK (2). New EU Member states: Czech Republic (9), Poland (3), Slovakia (1), Slovenia (1).

(334) For example the classification of stun weapons within the Standard Industrial Classification Codes (SIC), through which trade might be monitored, demonstrates the failure of governments to appreciate their potential for use as weapons of torture. SIC 5099 is the international trade statistic code which covers "electronic stun weapons". But SIC 5099 also includes "pre-recorded audio cassette tapes wholesale", and "leather attaches and briefcases". It is therefore exceedingly difficult to track the sale of and trade in electro-shock weaponry.

(335) The Times, 26 February 1988, 'Lords outlaw stun gun sales'.

(336) Statement by the Secretary of State for Foreign and Commonwealth Affairs, 28 July 1997

(337) "Yard exposes loophole in 'tools of torture' ban". The Evening Standard (London), June 23, 1998,

(338) www.idtechsys.co.uk/Electric%20baton.htm (accessed October 2003)

(339) www.idtechsys.co.uk/Electric%20riot%Shields.htm (accessed October 2003)

(340) www.idtechsys.co.uk/Stun%20guns.htm (accessed October 2003) (All these web pages have since been removed – but were still available via Google cache in March 2004)

(341) The new UK controls will also be tested by companies that are not registered in the UK but who operate in other countries. For example, a UK website offers, in conjunction with an "office" in Cambodia the "Cellular Phone Type Stun gun". See http://www.micro-surveillance.com/ Phone Number In UK. Tel: +44-020-8202-4777 (UK Office) The manufacturer of this stun gun is Motedo Co Ltd / O-Start R&D Corporation in Taiwan: www.motedo.com.tw/ However the UK trader is not registered in the UK, but appears to be a company registered in the Irish Republic.

(342) www.primekwas.com.br/tabela.htm (accessed 2/2004), www.asiabt.com (accessed2/2004), www.eclats-antivols.fr (accessed 2/2004), www.pro-trek.com/products.asp? (accessed 2/2004), www.sh.rim.or.jp/~mark/scp200-01.htm (accessed 2/2004), www.eurospyzone.com (accessed 2/2004 via Google Cache), http://www.secpol.com.pl/obr_paraliz.htm (accessed 2/2004), Defence System S.R.L. brochure April 2004, www.bock.si/bock/prod_orojze_brez_dovoljenja.asp (accessed 2/2004), www.assegaitrading.co.za/riot_stun_guns.htm (accessed 2/2004), www.alibaba.com/catalog/10001013/Stun_Gun_500KV_Curved.html (accessed 2/2/004). In some countries such as Germany the Scorpion 200 is marketed as the Schocktronic.

(343) "Stun gun threat to police safety: Forces ill equipped for rising number of weapons they find," The Guardian, 2 January 2004

(344) 'Criminals order in deadly stun guns.' The Journal (Newcastle), 16 January 2004

(345) Amnesty International is concerned that credible reports from different parts of the world point to security forces using rubber bullets as weapons of first resort, rather than as the last step before the use of live ammunition. See Amnesty International, The Pain Merchants, op cit

(346) http://www.fnherstal.com/html/FN303.htm Following the incident, the Geneva chief of police resigned on 5 April and on 9 April the Geneva cantonal government announced an independent commission of inquiry into the events, which was still ongoing in March 2004. In December 2003, an investigation into the criminal complaint lodged by Denise Chervet concluded that the officer who fired the weapon acted according to instructions; no charges were brought.The police captain who had authorised the use of the weapon was charged with causing bodily harm through negligence.

(347) The effective regulation of the chemical safety of different types of tear gas is also lacking, since chemical contents and mixtures can vary greatly between countries. Manufacturers' claims are often not subject to independent analysis, and there are few mechanisms for monitoring the possibility of delayed long-term injury. In addition, the criteria which governments apply to decide exports of tear gas vary greatly, and it is relatively easy for law enforcement agencies that persistently abuse tear gas to obtain new supplies.

(348) Source: Omega Foundation database: Existing EU member states: Austria (2), Belgium (2), France (12), Germany (19), Greece (1), Italy (2), Spain (3), UK (8). New EU member states: Czech Republic (4), Hungary (1), Poland (5), Slovakia (1).

(349) www.eurunion.org/legislat/DeathPenalty/eumemorandum.htm

(350) World Factbook of Criminal Justice Systems http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjsri.txt

(351) Amnesty International, The Death Penalty worldwide: Developments in 2000, May 2001, (AI Index: ACT 50/001/2001)

(352) www.ecurope.com 27/2/2001: Offer to Buy.

Subject Heading: [LK]: Noose (rope) to be used in the gallows.

Categroy: Security & Protection Products.

Preferred Region: Worldwide.

Trade Lead Message: A supplier or a manufacture of Noose (Rope) to be used in the...

(353) As expressed in European Parliamentary Resolution OJC 87 E, 11.4.2002, P.136

(354) Council of the European Union, 5773/03, 27 January 2003

(355) The Regulation excludes handcuffs "for which the overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, does not exceed 240 mm when locked". It should also be noted that "components designed or modified for any of the above" would also be prohibited.

(356) Council of the European Union, 5773/03, 27 January 2003

(357) See Amnesty International, The Pain Merchants, op cit, for more details of electroshock torture within the EU.

(358) Under administrative measures promulgated on 6 November 2002, Letter from Director General Bureau of Foreign Trade to Amnesty International, 5 April 2004

(359) ibid

(360) United Nations Commission on Human Rights, Civil and Political Rights, Including the Question of Torture and Detention. 59th Session E/CN.4/2003/69

(361) Written answer No.192 by Mr Ahern, Minister of State at the Department of Enterprise, Trade and Employment. Ref No: 4579/04, 17 Feb 2004.

(362) See Amnesty International , Stopping the torture trade, op cit. It should be noted that such safety marks guarantee the safety of the user, not the victim.

(363) Email communication to Amnesty International Ireland, dated 26 February 2001

(364) Answer to Proinsias De Rossa by Mr Patten on behalf of the Commission, E-1540/03EN, 13th June 2003.

(365) Hansard, 8 Feb 1999 : Column: 79

(366) Evidence from Jack Straw to the Quadripartite Select Committee, 25 Feb 2004. Examination of Witnesses, Questions 1-19.

(367) Letter from Minister for Labour, Trade and Consumer Affairs, dated 20 July 2001

(368) El Tiempo, 26 February 2004

(369) Semana, 22 March 2004, op cit

(370) "Anger over arms answers," Guardian, 14 March 2001, and "Britain still selling arms to violators in world hotspots," Guardian, 27 July 2000

(371) Hansard, 11/3/02, Col.689w

(372) "Anger as Israel violates promise", The Guardian, 13 March 2002

(373) Agence France Press (AFP) Helsinki: Finnish cartridges used in East Timor, 1 August 1999

(374) ANSA, 29 May 2002 as cited in Amnesty International, A Catalogue of Failures, op cit

(375) Nicholson, "From cheerleader to referee…," Slovak Spectator. As cited in Human Rights Watch, Ripe for Reform, op cit.

(376) Report of the U.N. Panel of Experts on Liberia, paras. 174-188.

(377) interview 24 April 2003, cited in Amnesty International, A Catalogue of Failures, op cit

(378) Amnesty International Annual Report 1998 (AI Index: POL 10/001/1998) and EGYPT-Torture remains rife as cries for justice go unheeded, February 2001(AI Index: MDE 12/001/2001)

(379) Nisat database, Comtrade data USD 38,000

(380) AI's briefing to the Human Rights Committee on the Arab Republic of Egypt, May 2000, (AI Index: MDE 12/019/2002)

(381) Extracted from Amnesty International and Oxfam, Shattered Lives: the case for tough international arms controls, October 2003 - with updated information from Viva Rio

(382) Data on Brazilian and foreign-produced small arms seized by police between 1950 and 2001, Viva Rio and the Government of the State of Rio, July 2002

(383) 13177/2000 - C5-0111/2001 - 2001/2050 (COS). Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy. 10th May 2001. Rapporteur: Gary Titley.

(384) See chapter on Licensed Production for Amnesty International's concerns about the transfer of Belgian ammunition production technology to the Eldoret ammunition facility in Eldoret, Kenya.

(385) US Asks Greece to Stop Arms Supply, Washington Times, 2 July 2003

(386) Blue Lantern is legislated in Section 38 g(7) (footnote 217) of the Arms Export Control Act (AECA)

(387) Letter to Barry Gardiner MP from US Senate Committee on Foreign Relations October 21 2003

(388) This comment of the end-use certificate proposal is based on an analysis by Saferworld, UK

(389) Saferworld, The EU Code five years on: recent developments in and future priorities for the implementation of the EU Code of Conduct on arms exports, June 2003

(390) Oxfam GB, Lock, Stock and Barrel op cit

(391) Jane's Defence Weekly, 28 May 1994 , CIS 40-AGL to be built in Indonesia. Indonesia's PT Pindad has entered into an agreement with Chartered Firearms Industries of Singapore (CIS) to license-produce the CIS 40-AGL 40 mm automatic grenade launcher. The company will make some slight modifications to suit Indonesian mountings.

(392) Rustungsexportbericht 2002, Military Equipment Export Report, Government of the Federal Republic of Germany, 17.12.2003

(393) For a full listing of tariff codes applicable to the defence sector see http://www.fco.gov.uk/Files/kfile/Part%2011.%20Cm5819.pdf , p474.

(394) United Kingdom Strategic Export Controls Annual Report 2002

(395) A. n° 2003-005/SECU/CAB du 17 janvier 2003. (JO N°06 2003). Article 1 : Une autorisation d'achat, d'importation et de transfert d'armes à feu est accordée à la société " OUAGA ARM " pour les quantités maxima ci-après
www.legiburkina.bf/jo/jo2003/no_06/Arr%C3%AAt%C3%A9_SECU_2003_00005.htm

(396) www.cbr.gov.pk/newcu/igm/kpqi34.pdf (accessed 25/2/2004 but no longer available).

(397) http://www.fco.gov.uk/Files/kfile/laos.pdf, p251

(398) http://www.fco.gov.uk/Files/kfile/63090a9breport4-2ftable2iv.pdf p207

(399) Fitzpatrick Associates, Export Licensing for Military and Dual-use goods, op cit

(400) Amnesty International Irish Section, Decoding the Deals, op cit

(401) Previously the DETE would have been congratulated on its very timely publication of export licence data but they seem to have stopped providing any information on their website after November 2002. Amnesty understands that the delay in providing more up to date information is due to staffing constraints Amnesty urges the DETE to publish licence information again as a matter of urgency.

(402) Letter from Department of Enterprise, Trade & Employment 3 July 2001.

"What export control category code would apply to MIL-STD 1553 Data Bus products from DDC Ireland Ltd?". In response, the Minister for Labour, Trade and Consumer Affairs, Mr Tom Kitt T.D, stated in a letter to Amnesty International that "the question of the appropriate control category code which should apply to any product, is in the first instance a matter for the producer/exporter to determine as they have the best knowledge of their own products. Therefore, if you wish to know the control category code of any product, I would suggest that you contact the producer".

(403) "Microprocessor microcircuits", "microcomputer microcircuits", microcontroller microcircuits, storage integrated circuits manufactured from a compound semiconductor, analogue-to-digital converters, digital-to-analogue converters, electro-optical or "optical integrated circuits" designed for "signal processing", field programmable logic devices, neural network integrated circuits, custom integrated circuits for which either the function is unknown or the control status of the equipment in which the integrated circuit will be used is unknown, Fast Fourier Transform (FFT) processors, electrical erasable programmable read-only memories (EEPROMs), flash memories or static random-access memories (SRAMs), having any of the following: (www.entemp.ie/export/cat3.pdf)

(404) 7. Field programmable logic devices having any of the following:

a. An equivalent usable gate count of more than 30 000 (2 input gates);

b. A typical "basic gate propagation delay time" of less than 0,1 ns; or

c. A toggle frequency exceeding 133 MHz; (www.entemp.ie/export/cat3.pdf)


(405) www.entemp.ie/ecd/mau-exports-guideline.htm accessed 7/4/2004.

(406) Jane's Defence Weekly, 18 September 2002, "Polish Company to make Squire battlefield radar"

(407) Iona Technologies, ParthusCeva, Farran Technology, Analog Devices

(408) These include, as discussed at various points in the report, the Dual Use Control List (Council Regulation (EC) EC Regulation 1334/2000 of 22 June 2000), and national 'Control of Exports Orders or 'Military Lists' (introduced or amended as required) the Joint Action on Small Arms (1998), the Common Position on Brokering (2003), and the proposed EC Trade Regulation on equipment that can be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

(409) The EU Regulation on dual use goods - EC Regulation 1334/2000 of 22 June 2000 - does require the European Commission to report to the European Parliament and the Council every three years, and requires Member States to provide "appropriate information" to the Commission for this purpose. However, the fact that not all dual-use goods of concern to Amnesty International are covered by this regulation's dual-use list, and the fact that many governments' own reporting of dual-use exports is insufficient or not transparent, means that it is very difficult for parliaments, the media and NGOs to scrutinize what is actually being exported to check that human rights and other international obligations are being upheld by EU Member States.

(410) //europa.eu.int/comm/enlargement/negotiations/index.htm

(411) For example CTK Business News Wire - November 27, 2001, Czech Arms Exports to Yemen on the Rise'. "There is no legally binding embargo on supplies to Yemen. Everyone sells things to this market, including the USA," Hynek Kmonicek, Czech ambassador to the UN. Janusz Zemke, First Deputy of the Polish Defense Ministry, was reported in the Jakarta Post as having stated that while Poland will not provide arms to countries considered hostile to NATO or European Union member states and will not sell arms to both sides of an existing conflict, it is willing to supply to one side ("America, Britain won't sell arms to RI, but Poland will," Jakarta Post, 8 November 2002).

(412) Saferworld, Arms Transit Trade in the Baltic region, op cit

(413) The November 2003 seminar in Tallinn, Estonia was attended by Estonia, Latvia, Lithuania, UK, Denmark, Finland and Sweden: the January 2004 seminar in Bratislava, Slovakia was attended by Slovakia, Poland, Slovenia, Hungary, Czech Republic, UK, Austria, Germany and the Netherlands.

(414) COARM: Working Party of the Council of the EU on Conventional Arms Exports

(415) For a legal argument underpinning this statement, see Emanuella Gillard, "What is legal", in Lora Lumpe, ed. "Running Guns", Zed Press, London and New York, 2000.

(416) Amnesty International is a member of the international Control Arms Campaign with Oxfam International and the International Action Network on Small Arms [which has 500 NGO affiliates], and is one of several NGOs that has conceived and helped develop proposals for an Arms Trade Treaty. For further details, and the list of NGOs and supporters, see www.controlarms.org and www.armstradetreaty.org .

(417) UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All its Aspects (UN PoA), UN document A/CONF.192/15, July 2001