Arms Trade Treaty only Favorable to Exporting Countries

Leo Wisnu Susaptp, Robert Sidauruk

Indonesia chose to abstain on voting at a session for the first United Nations (UN) international treaty to regulate global arms trade, namely the Arms Trade Treaty (ATT) in New York last April.

Daniel TS Simanjuntak, a member  of the Indonesian delegation for the ATT, explained that the Government fully supported any regulation on arms trade, as long as such regulation accommodates equitable provisions between exporting and importing countries.

“As long as it’s fair, transparent and non-discriminatory, the Government’s position is to support any arms trade treaty,” said Daniel, during  a meeting with the International Committee of the Red Cross (ICRC), in Jakarta onWednesday.

However, as Daniel explained, the ATT incorporates one-sided provisions that are only favorable to exporting countries.

For instance, exporting countries have a wide discretion to assess alleged human rights violations conducted by the importing countries that will use the traded arms.

“Such assessment should only be undertaken by an independent panel for international court purposes,” Daniel asserted.

Daniel also concluded that the ATT contains substantive deficiencies in providing a fair balance for the interests of importing countries.

The ATT does not clearly regulate the reality  of when an importing country has no other option than to use arm to protect its territorial sovereignty or citizens.

Another fundamental consideration for Indonesia’s abstention was the possibility of an embargo policy from the exporting country, if an escalation arises between countries.

“This provision will contradict Article 6 (1) of  Law No. 16 of 2013 on Defense Industry that mandates the Government must ensure there will be not be a potential embargo during the procurement of defense equipment from overseas,” said Daniel.

On the same occasion, Christopher B Harland, Regional Legal Adviser at ICRC, expressed that he appreciated the Indonesian decision on the ATT.

However Christopher emphasized that the ATT was drafted to ensure the protection of human rights by controlling  arms trade.

Christopher continued that arms, especially in conflict zones, are being used for intimidating and torturing people. 

The facts show that more that 80% of the arms used in such conflict zones are obtained from the black market.

“Therefore the ATT is intended to respect international humanitarian law and human rights by limiting the black markets that sell illegal arms,” Christopher added.

(hot/kc)

 

Leo Wisnu Susaptp, Robert Sidauruk

Indonesia chose to abstain on voting at a session for the first United Nations (UN) international treaty to regulate global arms trade, namely the Arms Trade Treaty (ATT) in New York last April.

Daniel TS Simanjuntak, a member  of the Indonesian delegation for the ATT, explained that the Government fully supported any regulation on arms trade, as long as such regulation accommodates equitable provisions between exporting and importing countries.

“As long as it’s fair, transparent and non-discriminatory, the Government’s position is to support any arms trade treaty,” said Daniel, during  a meeting with the International Committee of the Red Cross (ICRC), in Jakarta onWednesday.

However, as Daniel explained, the ATT incorporates one-sided provisions that are only favorable to exporting countries.

For instance, exporting countries have a wide discretion to assess alleged human rights violations conducted by the importing countries that will use the traded arms.

“Such assessment should only be undertaken by an independent panel for international court purposes,” Daniel asserted.

Daniel also concluded that the ATT contains substantive deficiencies in providing a fair balance for the interests of importing countries.

The ATT does not clearly regulate the reality  of when an importing country has no other option than to use arm to protect its territorial sovereignty or citizens.

Another fundamental consideration for Indonesia’s abstention was the possibility of an embargo policy from the exporting country, if an escalation arises between countries.

“This provision will contradict Article 6 (1) of  Law No. 16 of 2013 on Defense Industry that mandates the Government must ensure there will be not be a potential embargo during the procurement of defense equipment from overseas,” said Daniel.

On the same occasion, Christopher B Harland, Regional Legal Adviser at ICRC, expressed that he appreciated the Indonesian decision on the ATT.

However Christopher emphasized that the ATT was drafted to ensure the protection of human rights by controlling  arms trade.

Christopher continued that arms, especially in conflict zones, are being used for intimidating and torturing people. 

The facts show that more that 80% of the arms used in such conflict zones are obtained from the black market.

“Therefore the ATT is intended to respect international humanitarian law and human rights by limiting the black markets that sell illegal arms,” Christopher added.

(hot/kc)

 

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