MISSING PIECES - Inter-Parliamentary Union

THEME 2
adopted at the 2005 session of the UN General Assembly’s First Committee
with a vote of 145 in favour, 0 against, and 25 abstentions, primarily from
Latin American and Caribbean countries. They expressed deep regret that
consensus on a legally binding instrument could not be achieved, and that
ammunition was not included in its scope. 27
5. Brokering controls
“The 114 th Assembly of the Inter-Parliamentary Union . . . encourages
parliaments to promote greater international and, where appropriate,
regional efforts to develop common standards to strictly control the
activities of those brokering or otherwise facilitating arms transfers
between third countries.”
—IPU resolution, 114th Assembly, 12 May 2006 , para. 7
Arms brokers have been at the centre of many of the most troubling arms
deals, including to areas of intense violence and gross human rights
abuses and violations of the laws of war. Brokers help arrange all types of
transactions and are used to facilitate government-approved sales, as well
as grey market and black market deals. Governments may use their services
for legal or covert transactions.
Arms brokers, shipping agents, and other private actors effectively
operate in a profitable legal vacuum. As of April 2006, 37 nations had
established controls on arms brokering with at least 27 having reviewed
or introduced new legislation since 2001. Of the 37 states that have controls,
at least 25 have a requirement for the registration of arms brokers,
30 have a system of licensing individual transactions and 15 operate some
form of extra-territorial controls. 28 This is an area where parliamentarians
can be active, asking for information on brokering laws and procedures
and tightening any loopholes or anomalies.
More progress has been made at the regional level, with the issue of
brokering meriting inclusion in instruments from Africa to Europe to
the Americas, including:
• the Southern African Development Community (SADC) Firearms Protocol
of August 2001; 29
• the EU Common Position on Brokering of June 2003; 30
• the guidelines on brokering—known as Elements for Effective Legislation
on Arms Brokering—adopted by the Wassenaar Arrangement in 2003; 31
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