Putting Womens Rights

into the Arms Trade Treaty

Acknowledgments
This report was written by Chitra Nagarajan of GAPS and Caroline Green of Oxfam.
GAPS and Oxfam would like to thank all those who have helped with the production
of this report.

Cover photo: Ntombizodwa Marufu, farmer, Zimbabwe Annie Bungeroth/Oxfam

June 2012 GAPS

Gender Action for Peace and Security is an expert working group of development,
human rights, humanitarian and peacebuilding NGOs and practitioners. GAPS
promotes, facilitates and monitors the meaningful inclusion of gender perspectives
in all aspects of policy and practice on peace and security. Through research,
campaigning and advocacy, GAPS works to bridge the gap between the realities of
women (activists and non activists) in conict aected countries and UK decision
makers and practitioners.

Gender Action for Peace and Security (GAPS)

56-64 Leonard Street, London EC2A 4LT, UK
Tel: +44 (0)20 7065 0772 l Fax: +44 (0)20 7549 0361
www.gaps-uk.org l www.nowomennopeace.org
While international trade in consumer goods is highly regulated, the global trade
in arms takes place in the absence of legally binding, robust and universally
applicable criteria. The United Nations (UN) Diplomatic Conference on the Arms
Trade Treaty in July 2012 provides a historic opportunity to create a global
mechanism to control the arms trade.

In todays armed conicts, the battleeld has moved into villages, towns and their
surroundings. The majority of those killed and injured are civilians who are, in many
cases, deliberately targeted. Mass displacement, use of child soldiers, violence
against ethnic and religious groups, gender-based and sexual violence, other war
crimes, and crimes against humanity, are common features of conict. 1 After
conict, much violence, including gender-based violence continues.

To have real impact, a prospective Arms Trade Treaty must include legally binding
criteria that prevent arms transfers to abusers of human rights or into situations
where there is a substantial risk that they will undermine development or exacerbate
armed violence. 2 The Arms Trade Treaty also needs to refer to gender-based armed
violence in both the treaty text and criteria.

This report complements the call for the inclusion of gender-based violence within
the Arms Trade Treaty by Amnesty International, IANSA Womens Network,
Womens International League for Peace and Freedom and Religions for Peace
International. 3 It details the issue of gender-based violence and language needed
in the treaty. It also sets out how the threshold to determine the risk of an arms
transfer leading to the perpetration or facilitation of gender-based violence can be
identied by licensing agencies and which mechanisms can promote womens
rights as part of national-level implementation of the treaty.

Recommendation:
A criterion in the Arms Trade Treaty should require States not to allow an
international transfer of conventional arms where there is a substantial risk that
the arms under consideration will be used to perpetrate or facilitate acts of
gender-based violence, including rape and other forms of sexual violence.

1
An unregulated arms trade
and gender-based violence
According to the Committee on the Elimination of Discrimination of Women, Wars,
armed conicts and the occupation of territories often lead to increased prostitution,
tracking in women and sexual assault of women, which require specic protective
and punitive measures. 4

Instability and armed conict lead to increases in armed violence, including

gender-based violence. Indiscriminate forms of violence are often used as a weapon
of war and deployed strategically to shame, demoralise, terrify and humiliate the
enemy, with women and girls often viewed as the bearers of cultural identity. 5
Gender-based violence is widespread, often systematic, and has been reported in all
regions of the world from a variety of sources. 6 For example, gender-based violence
has been committed by armed groups including state security forces recently in Cte
dIvoire and Guinea 7 as well as by armed groups in Mali. 8

Margot Wallstrm, former UN Special Representative of the Secretary-General

(SRSG) on Sexual Violence in Conict, has stated that in many conicts, rape is a
front line. 9 Rape is often highly stigmatised, with survivors often shunned from
communities and at times abandoned by their spouses.

With the sexual violence, a large number began to ee because they found
themselves unable to resist when confronted with a weapon, and when they
were tied up or killed in order to intimidate the women into yielding easily. 10
Democratic Republic of Congo (DRC)

The brutality of sexual violence in areas such as Eastern DRC has been well
documented, with reports of young girls and elderly women being tortured and
violently raped as a tactic of armed groups to assert power and domination. The
results are devastating as survivors face multiple psychological and medical problems
including HIV and other sexually transmitted infections, pregnancy, infertility and
genital mutilation.

Conict-aected communities experience sexual violence as a threat to their

security and well-being, and increasingly report sexual violence against men and
boys. This includes armed groups forcing men and boys to commit such acts
against family members. 11

2
 We found them in our house. They pillaged everything. They put my husband
on the bed and beat him. Then two of the soldiers raped me. This story is so
tragic I cant believe this happened to me. I prefer death instead of life. Now,
the world is without me because of my situation. 12

During Colombias 50-year armed conict, sexual violence has been used as a
weapon of war as routine practice by all of the armed groups: state military forces,
paramilitaries and guerrillas. Women have become targets for many reasons such
as defying prohibitions imposed by a group, transgressing gender roles and as a
means to humiliate the enemy. 13 Lack of reporting makes it dicult to know exactly
how many women have suered sexual violence during Colombias protracted
conict, but the Inter-American Commission on Human Rights, the UN Special
Rapporteur on Violence Against Women, Colombias Constitutional Court and
national and international organisations agree that sexual violence targeting women
and girls is employed in a systematic and generalised manner in the conict. 14

The impunity remains as women are unable to report violations in the absence of
legal guarantees and condence in state institutions. The acceptance of this
violence as normal within conicts means many survivors do not realise that sexual
violence is a crime. 15

Violence and the position of women

The Beijing Platform for Action noted that, while entire communities suer the
consequences of armed conict and terrorism, women and girls are particularly
aected because of their status in society and their sex. 16

The unequal status of women and girls continues across the world in formal
legislation and institutions and in informal attitudes and beliefs. Where cultures of
violence and discrimination against women and girls exist prior to conict, they can
be exacerbated during conict as an extreme manifestation of the abuse women
face in peacetime. 17

Some groups of women may be more vulnerable than others in times of conict. In
Colombia, Afro-Colombian and indigenous women are the most vulnerable to
sexual violence given the triple discrimination they face due to their gender,
ethnicity and the poverty in which they live. 18

Women with disabilities may experience higher rates of gender-based and sexual
violence in conict. 19 In addition, women who experience multiple levels of

3
discrimination are more likely to be excluded from decision-making processes. As
a result, their needs are less likely to be addressed.

Women also play a role in conicts voluntarily as combatants themselves, and at

other times are forcibly recruited and abused by armed forces.

In 2000, the Security Council expressed concern that civilians, particularly women
and children, account for the vast majority of those adversely aected by armed
conict, including as refugees and internally displaced persons, and increasingly
are targeted by combatants and armed elements and recognised that an
understanding of the impact of armed conict on women and girls, eective
institutional arrangements to guarantee their protection and full participation in the
peace process can signicantly contribute to the maintenance and promotion of
international peace and security. 20

Gender-based violence is an umbrella term for any harmful act that is

perpetrated against a persons will, and that is based on socially ascribed
(gender) dierences between males and females. Gender-based violence
encompasses a range of human rights violations and includes, but is not
limited to, forced marriage, attacks against womens human rights defenders,
other harmful traditional practices and sexual violence (including rape, sexual
slavery, tracking, forced impregnation, forced abortion, forced sterilisation,
forced prostitution, indecent assault, inappropriate medical examinations,
strip searches and sexual harassment). It can be directed at women, men,
girls and boys, but is more often directed against women and girls and is
linked to womens subordinate status in society.

The UN Convention on the Elimination of All Forms of Discrimination against

Women (CEDAW) prohibits all forms of discrimination against women. 21

General Recommendation 19 22 of the Committee on the Elimination of

Discrimination against Women defines gender-based violence as violence
that is directed against a woman because she is a woman or that affects
women disproportionately and recognises gender-based violence as
violence that impairs womens enjoyment of human rights including:
l the right to life,
l the right not to be subjected to torture or ill-treatment,

4
 l the right to equal protection under humanitarian law in times
of armed conflict,
l the right to liberty and security of the person,
l the right to equal protection before the law,
l the right to equality in the family,
l the right to the highest standard attainable of physical and
mental health, and
l the right to just and favourable conditions of work.

Violence within the home

Much of the armed violence that aects women both in and out of conict is
committed with small arms. 23 After conict ends, gender-based violence can still
persist. Even in non-conict situations, studies suggest the risk of being murdered
by an intimate partner increases with the availability of rearms. 24

Within the household, arms can be used to commit violence by intimate partners
and friends. This can increase during conict as sanctions against mens violence
break down, and womens social and economic vulnerability increases. 25 Research
from the conict in Northern Ireland demonstrates that the increased availability
of guns meant more dangerous acts of violence were committed against women
in the home. 26

A study from a hospital in Eastern DRC demonstrates how acts of rape by armed
combatants led to increased adoption of rape by civilian populations, suggesting
the normalisation of rape throughout the conict. 27

Women aected as displaced populations

Sexual violence is a major cause of displacement in armed conict. It is used as a
tactic to force civilians to ee from their homes. In Colombia, two in ten women
reported they were forced to ee because of these crimes in 2008. 28 Sexual violence
also remains a threat during displacement. In 2005, 36 percent of displaced women
were forced to have sexual relations with strangers in Colombia. 29

5
Money spent on arms is diverted from money spent on
development
International arms transfers can impair poverty reduction and socio-economic
development when they contribute to armed violence, serious human rights
violations, facilitate gender-based violence, undermine peacebuilding eorts and
involve excessive unaccountable spending or corrupt practices. Spending on arms
can divert vital funds from public services such as education and health and
undermine the achievement of sustainable development. 30 Since the establishment
of the UN system, there has been a commitment to minimise the diversion of money
to arms away from development. 31

Under the Beijing Plan of Action, States agreed to reduce military expenditure and
control the availability of arms to ensure sucient funding for development,
including womens empowerment. 32

6
What can the Arms Trade Treaty do to
prevent armed gender-based violence?
To ensure the Arms Trade Treaty is eective, it must recognise and address the
negative impact of the arms trade on womens rights in line with the commitments
of all members of the UN under human rights and humanitarian law, including the
Geneva Conventions, international treaties such as CEDAW, regional treaties such
as the Protocol to the African Charter on Human and Peoples Rights on the Rights
of Women in Africa, and existing UN Security Council Resolutions on Women, Peace
and Security. 33

Under these frameworks, States are obliged to protect women from armed violence
and gender-based violence, and take action in response.

Language needed in the treaty

It is essential that the parameters and criteria of the Arms Trade Treaty clearly
prohibit arms transfers where there is a risk of serious violations of international
human rights law, international humanitarian law or international criminal law.

This provides a legal basis by which these violations include the use of arms to
perpetrate or facilitate acts of gender-based violence.

However, given the widespread nature of this devastating phenomenon, both in and
out of conict, the Arms Trade Treaty must go further and explicitly recognise the
negative impact to date of the unregulated arms trade on womens rights. It must
ensure States take specic steps to prohibit an arms transfer if there is a substantial
risk those arms will be used to perpetrate or facilitate acts of gender-based
violence, by reecting and prioritising this issue within risk assessments.
The treaty must therefore do the following:
l Explicitly recognise that absence of international standards for the
transfer of conventional arms and their diversion to the illicit market
has led, among other things, to gender-based violence, which
extends beyond situations of violent conflict. It should recognise the
negative impact of armed conflict in undermining womens rights
and gender equality.

7
 l Include a criterion that ensures States shall not allow an international
transfer of conventional arms where there is a substantial risk that
the arms under consideration will be used to perpetrate or facilitate
acts of gender-based violence, including rape and other forms of
sexual violence.

International human rights law, which applies both during and out of armed
conict: 34
l prohibits gender-based discrimination at all times, 35
l protects the right to life (no one may be arbitrarily deprived of life)
at all times, 36
l prohibits torture and other cruel, inhuman or degrading treatment
or punishment, including rape and sexual attacks, at all times, 37
and
l requires States to suppress all forms of trafficking in women and
exploitation of prostitution of women. 38
International humanitarian law, which applies in armed conicts:
l prohibits targeting civilians, indiscriminate attacks, and
disproportionately or unnecessarily harming civilians when
attacking military objectives, 39
l prohibits acts such as torture, rape, outrages on personal dignity
(including enforced prostitution and indecent assault), and cruel
and humiliating treatment, and 40
l provides that protected persons during situations of occupation
are to be humanely treated at all times and to be treated without
adverse distinction based on race, colour, sex, language, religion,
opinion, national or social origin, wealth or birth. 41
In times of crisis and armed conict, gender-based violence may become
more extreme, systematic and widespread. Conict-related sexual violence
has been recognised as one of the most serious international crimes. The
International Criminal Tribunal for Rwanda made a landmark judgement of
rape and sexual violence as genocide in 1998 42 and in 2001 the International
Criminal Tribunal for the former Yugoslavia made the rst conviction for rape
and enslavement as crimes against humanity. The Rome Statute of the

8
International Criminal Court recognises rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced sterilization, or any other form of
sexual violence of comparable gravity as crimes against humanity and war
crimes. 43 It states that the crime of rape applies to situations in which a
woman provides sex to avoid harm, to obtain the necessities in life, or for
other reasons that have deprived her of her ability to consent. Tracking
and gender-based persecution are included as a crimes against humanity. 44
War crimes, genocide, crimes against humanity and torture are jus cogens
norms, 45 that is, customary norms of international law that are universal
during peace and in war, from which there is no derogation, 46 and in response
to which all States have the obligation to prosecute or extradite suspected
perpetrators, whoever they are and wherever the crime took place.

9
Key considerations for licensing
agencies on authorising arms transfers
The aim of the application of international human rights law, international
humanitarian law and international criminal law criteria is to create a more
responsible trade in conventional arms. In order to do so, decision-making on
transfer authorisation taking into account human rights and humanitarian
obligations as a means of preventing serious violations of human rights and
humanitarian law is needed. Where there is credible and reliable information
indicating a clear risk that arms will be used to commit violations, transfer of arms
should not take place until the risk has been curtailed.

These questions need to be complemented with specic questions that enable

States to take a meaningful assessment of the risk that the arms under
consideration for transfer will be used to perpetrate or facilitate acts of
gender-based violence, including rape and other forms of sexual violence.
Identifying that level of risk should be determined by undertaking a case-by-case
analysis of the recipient and an overall assessment of the recipients respect and
promotion of international human rights instruments, international humanitarian
law and particularly commitments to instruments and processes on the rights of
women, including those that prevent gender-based violence.

While all gender-based violence is unlawful and the primary legal responsibility of
the importing State to address, it is when transfers of conventional arms are made
where there is a substantial risk of violations, that the special machinery of the Arms
Trade Treaty should be engaged: that is, where a proposed end user of an export,
import or international transfer of conventional arms is under consideration for
engaging in harmful activity, or for failing in their duty to prevent persistent or
pervasive violations resulting in gender-based violence through the use of arms. 47

What measures can states take to protect against gender-based violence?

l Existence of a legal framework for the protection of womens right
to live without violence or discrimination in line with international
standards.
l Implementation of these laws in reality.

10
 l Zero tolerance to gender-based violence commitment to train all
civilian and military personnel in security forces on gender-based
violence, investigate these types of crimes, bring cases to trial,
sanction those found responsible and compensate victims through
accountable judicial systems and police forces.
l Judicial systems that incorporate protections and privacy rules
when survivors report gender-based violence both in times of
peace and armed conflict.
l Space for civil society to work on the defence of human rights.
l Public policy and practice that give women the right to truth,
justice and reparation.
l Integrated public policy for survivors of sexual violence relating
to health, education and employment (backed with financial
resources).
The UN Declaration on the Elimination of Violence against Women declares
that states should exercise due diligence to prevent, investigate and in
accordance with national legislation, punish acts of violence against women,
whether those acts are perpetrated by the State or private persons. 48
The UN Special Rapporteur on violence against women has expanded on this
and stated that this obligation to promote and protect the human rights of
women and exercise due diligence means that States should do the following:
l Prevent, investigate and punish acts of all forms of violence
against women whether in the home, the workplace, the
community or society, in custody or in situations of armed conflict.
l Take all measures to empower women and strengthen their
economic independence and to protect and promote the full
enjoyment of all rights and fundamental freedoms.
l Condemn violence against women and not to invoke custom,
tradition or practices in the name of religion or culture to avoid
their obligations to eliminate such violence.
l Intensify efforts to develop and/or utilise legislative, educational,
social and other measures aimed at the prevention of violence,
including the dissemination of information, legal literacy campaigns
and the training of legal, judicial and health personnel. 49

11
These questions should be considered as supplementary to the broader
considerations detailed in the practical guides which have been developed on
international humanitarian law, international human rights, sustainable development
and national implementation, and a subset of the full considerations that should be
taken as listed in the full Arms Trade Treaty criteria. 50
1. Case-by-case assessment
Past and present record of respect for human rights and humanitarian law
l Has the recipient been engaged in armed violence which has resulted
in human rights or humanitarian law abuses, including the perpetration
or facilitation of acts of gender-based violence? Is the recipient known
to have abducted girls and women into the armed forces or armed
groups for the purposes of sexual exploitation? Has the recipient
engaged in the trafficking of women and girls? Is gender-based
violence encouraged, explicitly or implicitly, by commanders as a
military tactic? Does the recipient operate in a context of high rates
of domestic violence? Has the recipient been listed within UN SRSG
on Sexual Violence in Conflict reporting mechanisms as a party to
armed conflict credibly suspected of patterns of sexual violence?
l Are any foreseeable future events likely to create conditions that
would increase the risk of the perpetration or facilitation of
gender-based violence? If violations have been committed a long time
ago or recently and there has been no meaningful change in
circumstances (such as a change in the political system), there is a risk
these violations could continue. Any risk of a change in government
or authority structures leading to a change in the recipients
willingness to respect international humanitarian law and international
human rights law should be assessed with specific consideration given
to the risk of gender-based violence.
l If gender-based violence and other human rights and humanitarian
law abuses have been committed, has the recipient taken measures to
investigate these violations, cause them to cease and punish those
responsible? For example, has a state investigated gender-based
violence committed by armed forces or by nationals in its territory?
When violations occur, are steps taken to stress that this is not an
acceptable military practice and to challenge and change cultures of

12
 impunity? For example, have disciplinary or penal sanctions been
taken or public expressions of regret been made after the perpetration
of gender-based violence? Are incidents of gender-based violence
increasing or decreasing? Are more survivors feeling able to come
forward to report?
The nature of conventional arms
l Is there a risk that the type of arms in question could be used for
serious violations of humanitarian law, human rights or gender-based
violence, for example with widespread availability of small arms and
light weapons and ammunition?
Risk of diversion
l Have arms or military equipment previously been transferred or
diverted from this recipient to a third party where there was a risk they
would be used or were used for violations of humanitarian and human
rights law, such as to commit gender-based violence? Does the
recipient have the capacity to ensure arms are used in a manner
consistent with international humanitarian and human rights law and
are not diverted or transferred to other destinations where they may
be used to commit violations? Will the recipient agree not to transfer
equipment to a third party without the express authorisation of and
information provided to the supplier state?
Impact on development
l Is there a risk that the proposed transfer of arms would undermine
poverty reduction and socio-economic development, including
womens empowerment?

2. Overall assessment
This case-by-case assessment should be complemented with overall assessment
of the following questions:
Cooperation
l Has the recipient been investigated by independent parties that seek
to investigate reports of gender-based violence e.g. human rights
organisations, UN treaty bodies, the SRSG on Sexual Violence in

13
 Conflict, commissions of inquiry etc., ad hoc tribunals, the International
Criminal Court? If so, has the recipient cooperated with investigation?
What was the outcome? Has it implemented their recommendations?
l Has the recipient of the transfer cooperated with other States and
international courts and regional human rights mechanisms on cases
of gender-based violence?
Formal Commitments
l Has the State made formal commitments to ratify and apply the rules
of international humanitarian law and international human rights law
contained in instruments such as the Geneva Conventions and their
Addition Protocols, International Covenants on Civil and Political and
Economic, Social and Cultural Rights, CEDAW, the Rome Statute
establishing the International Criminal Court and regional treaties such
as the European Convention on Human Rights, the African Charter on
Human and Peoples Rights including the Maputo Protocol to the
African Charter or the American Convention on Human Rights?
l Does the country in question have a national action plan for the
promotion of womens rights or gender equality or on the
implementation of Women, Peace and Security commitments?
l If the recipient is an armed group, has it committed itself to respect
humanitarian and human rights law through a unilateral declaration or
agreement including committing itself to upholding womens rights
and the prevention of gender-based violence?
Implementation
l Has the State adopted the implementation measures required by
human rights instruments, including by adopting national legislation
and regulations relating to gender-based violence?
l Is there a legal framework for the protection of womens and mens
right to live without violence or discrimination in line with international
standards? For example, does domestic law criminalise gender-based
violence, including rape, sexual harassment, and domestic violence? Is
gender-based violence not only criminalised but also prosecuted?
l Are national policies and plans around womens rights adequately
resourced? Is the promotion of womens rights a key element of
public policy?

14
 l Is the recipient State making a concerted effort to track instances of
gender-based violence through a systematic approach to
sex-disaggregated data and associated service provision for survivors?
Are medical and legal services in place for survivors of gender-based
violence both in and out of conflict?
l Are womens voices present in all processes leading up to, and
concluding in, conflict negotiations? Are women represented in all
levels of political structures and decision making? Is gender-based
violence on the agenda in peace negotiations? 51
Judicial and administrative measures
l Is there a competent impartial and functioning judicial system and
administrative system in the recipient country for prosecuting serious
human rights and humanitarian law violations, including instances of
gender-based violence?
l Does the recipient state have legislation and procedures in place to
allow for investigation into human rights abuses and violations by the
State and its agents? Are these procedures sensitive to the need to
investigate and act against gender-based violence and staff trained in
ways to interview survivors, for example in women-only settings and
to mitigate the risk of re-victimisation?
l Do judicial structures at national, local and community levels operate
around principles of equality between women and men? Are crimes
against women viewed as seriously as crimes against men? Are
gender-sensitive legal provisions in place related to the participation
and protection of witnesses and victims?
l Are measures in place to ensure the participation of women within
legal and judicial structures, including at community level e.g. in
traditional or tribal courts?
l Does infrastructure exist to bring human rights violators to justice and
provide remedy and reparation to victims? Is there a record of
providing full reparation to victims in a non-gender-discriminatory
way? Is there a record of providing full reparation to survivors of
gender-based violence?
Dissemination and capacity
l Does the recipient operate under clear and accountable lines of
control and do they have the capacity and record to uphold

15
 international humanitarian law, international human rights law and the
prevention of gender-based violence?
l Does the recipient educate and train its security services and police
and justice systems in the content and application of international law,
including the jus cogens norms regarding gender-based violence? If
the recipient is an armed group, is this training provided to those
across command hierarchies? Has the recipient taken positive steps
to prevent its forces committing gender-based violence, for example,
by ensuring a zero tolerance approach is stressed during training and
during operations?
l Are measures in place to ensure the participation of women in security
and police forces?
l Have humanitarian and human rights law, including the rights of
women, been integrated into military doctrine, rules of engagement
and instructions? Are requirements in place for military commanders
to prevent and suppress gender-based violence by those under their
control?
l Do legal advisors trained in human rights, humanitarian law and
gender equality advise armed forces?
l Are penal sanctions in place for cases of human rights or humanitarian
law violations by armed forces, including specific steps to ensure cases
of gender-based violence by armed forces are sanctioned?
l Where arms are going to non-state actors, have measures been taken
to ensure arms will be used in accordance with human rights and
humanitarian law norms, not in violation of womens rights and not
used to perpetrate or facilitate acts of gender-based violence such as
through distribution of codes of conduct, rules of engagement and
public statements?
Accountable governance structures
l Are there monitoring bodies and national institutions for the
promotion and respect for human rights? Are they robust and
independent? Are these specifically monitoring gender-based
violence? Is there a record of impunity for human rights violators?
l Are accountability mechanisms in place to ensure respect for womens
rights? Is civil society able to operate within this space? Are there
attacks and reprisals against womens human rights defenders?

16
Sources of Information
The following sources of evidence can be used to determine the overall record of
respect and case-by-case assessment to determine the level of risk of the arms
transfer leading to the perpetration or facilitation of acts of gender-based violence:
l Documentation from UN human rights bodies and other international
and regional bodies such as ICRC, including office of the SRSG on
Sexual Violence in Conflict (including the UN Secretary-Generals
annual report on sexual violence and listed armed groups).
l Reports from UN agencies, INGOs and local NGOs.
l Reliable media.
l Diplomatic missions.
l Open and closed source information from international agencies
operating in the recipient State.
l Human rights reports by States, including human rights commissions
reports and reports to the CEDAW Committee.
l Policies and budgets related to womens rights, National
Implementation Plans to UN Security Council Resolution 1325 and
other Women, Peace and Security frameworks in addition to formal
annual reviews and assessments.
l Shadow reports written by civil society relating to womens rights and
gender-based violence frameworks, such as those accompanying
CEDAW and Human Rights Committee reporting and shadow UN
Security Council Resolution 1325 assessments.
l Reports from independent human rights commission if present.
l Reports from the Ministry of Womens Affairs or Ministry of Gender
Equality, if present.
l Judgements and reports by national and international courts and
tribunals.
l Research by academic, research and policy institutions and womens
rights organisations.
l Military doctrine, manual and instructions.

17
What mechanisms should be put
in place for national implementation
to promote womens rights?
All implementation provisions and mechanisms of the treaty need to take steps
to promote gender equality. Suggested measures include the following:

l States should formally consult with womens rights organisations and

civil society to assess treaty implementation at the national level.
States should also use consultations with womens rights groups to
incorporate their expertise, for example around data collection, within
national licensing authorities and assistance programmes.
l Establish gender-sensitive national oversight mechanisms to assess
implementation, for example, parliamentary oversight mechanisms to
review the risk assessments and decisions made by national licensing
authorities relating to the risk of arms under consideration for transfer
being used to perpetrate or facilitate acts of gender-based violence.,
This should include the participation of women.
l Ensure international co-operation and assistance is gender-sensitive.
Integrate capacity-building around eective systems to measure the
risk of arms under consideration for transfer being used to perpetrate
or facilitate acts of gender-based violence as a component of
international co-operation and assistance programmes.

18
Endnotes
1 See for instance United Nations (2002), Women, Peace and Security, available at
http://www.un.org/womenwatch/daw/public/eWPS.pdf.
2 Oxfam International (2012), The Devil is in the Detail, available at
http://www.oxfam.org/sites/www.oxfam.org/files/tb-devil-detail-arms-trade-treaty-030512-en.pdf.
3 Amnesty International et al (2012), The Arms Trade Treaty: Securing Womens Rights and Gender Equality available
at http://www.iansa-women.org/sites/default/files/ Joint_policy_paper_gender_att_final_june2012.pdf.
4 Committee on the Elimination of Discrimination of Women General Recommendation No. 19 (1992), paragraph 16,
available at http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom19.
5 Harvard Humanitarian Initiative and Oxfam International (2010), Now the World is Without Me, p.1, available at
http://www.oxfam.org/sites/www.oxfam.org/files/DRC-sexual-violence-2010-04.pdf; United Nations (2002),
Women, Peace and Security, p.2.
6 Amnesty International (2005) Making Rights a Reality, p.3.
7 Amnesty International et al. (2012), The Arms Trade Treaty: Securing Womens Rights and Gender Equality;
Amnesty International (2008), Blood at the Crossroads: Making the Case for an Arms Trade Treaty; Amnesty
International (2010), Guinea: They Ripped off my Clothes with Their knives and Left Me Completely Naked Voices
of Women and Girls Victims of Sexual Violence, AFR 29/002/2010.
8 Amnesty International (2012), Mali: Five Months of Crisis, pp.14-15.
9 Margot Wallstrm, United Nations Radio, 6th August 2010.
10 Commission Territoriale pour la Lutte contre les Violences Sexuelles in Walungu in International Alert (2010),
The War Is Not Yet Over: Community Perceptions of Sexual Violence and its Underpinnings in Eastern DRC, p.22.
11 Oxfam International (2012), Internal Document, Protection Review Conclusions.
12 A 27-year old mother of three children who was raped in Democratic Republic of Congo in June 2002 and
subsequently abandoned by her husband, in Harvard Humanitarian Initiative and Oxfam International (2010)
Now, the World is Without Me, p. (i).
13 Oxfam International (2009), Sexual Violence in Colombia, p.12 available at
http://www.oxfam.org/sites/www.oxfam.org/files/bp-sexual-violence-colombia.pdf.
14 Ibid. pp.2-3.
15 Ibid. p.3.
16 Beijing Platform for Action (1995), paragraph 135, available at
http://www.un.org/womenwatch/daw/beijing/platform/
17 UN (2002), Women Peace and Security, p.2; Control Arms et al. (2003), The Impact of Guns on Womens Lives, p.2.
18 Oxfam International, Sexual Violence in Colombia, p.3.
19 Center for Women Policy Studies (2011), Right Now! Women with Disabilities Build Peace Post Conflict, available at
http://www.centerwomenpolicy.org/programs/waxmanfiduccia/documents/BFWFP_RightNow_WomenwithDisabil
itiesBuildPeacePost-Conflict_StephanieOrtoleva.pdf.
20 United Nations Security Council Resolution 1325 (2000). See www.peacewomen.org.
21 CEDAW (1979).
22 CEDAW Committee, General Recommendation No. 19, Violence Against Women, UN Doc. A/47/38 (January 1992).
23 Amnesty International (2004), Stop Violence Against Women, p.50.
24 Small Arms Fire Arms Education and Research Network Gender and Small Arms in Control Arms et al. (2003);
Control Arms et al Shattered Lives: The Case for Tough International Arms Control, p.28.
25 Pickup et al (2000), Ending Violence against Women: A Challenge for Humanitarian and Development Work, p143
available at http://policy-practice.oxfam.org.uk/publications/ending-violence-against-women-a-challenge-for-
development-and-humanitarian-work-115387 p142.
26 Ibid.p.143; Kelly, R (1996) Wars Against Women: Gender, Heterosexuality, Militarism and the State, paper presented
at the Political Studies Association conference, Engendering Conflict, London School of Economics.
27 Harvard Humanitarian Initiative and Oxfam International (2010), Now, the World is Without Me.
28 According to the Peoples Defence Office (2008), or Defensora del Pueblo, report Promocin y monitoreo de los
derechos sexuales y reproductivos de mujeres vctimas de desplazamiento forzado con nfasis en violencia
intrafamiliar y sexual, (Promotion and Monitoring of the Sexual and Reproductive Rights of Women Victims of
Forced Displacement with emphasis on Sexual and Domestic Violence).

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Endnotes
29 Oxfam International, Sexual Violence in Colombia, p.3.
30 Oxfam International (2009), Practical Guide: Applying Sustainable Development to Arms-Transfer decisions, p.1.
31 Article 26 United Nations Charter: In order to promote the establishment and maintenance of international peace
and security with the least diversion for armaments of the worlds human and economic resources, the Security
Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in
Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the
regulation of armaments, available at http://www.un.org/en/documents/charter/chapter5.shtml.
32 Beijing Platform for Action, paragraph 143b.
33 Including United Nations Security Council Resolution (UNSCR) 1325 (2000) on womens role in political
decision-making and peace processes and UNSCR 1820 (2008) which stresses widespread and systematic sexual
violence as a threat to international security in addition to resolutions 1888 (2009), 1889 (2009) and 1960 (2010).
See www.peacewomen.org.
34 As held by the International Court of Justice in the Advisory Opinion on the Legality of the Threat or Use of
Nuclear Weapons (1996) para 25, Advisory Opinion on the Construction of a Wall in the Occupied Palestinian
Territory (2004) para 106-113 and DRC v. Uganda (2005) para 216 and recognised by the UN Human Rights
Committee in General Comment No 31 (2004) para 11.
35 See for instance Articles 2(1), 3, 4(1), 23(4), 24 and 26 of ICCPR; UN Convention on the Elimination of All Forms of
Discrimination against Women 1979.
36 See for instance Articles 6(1) and 4(2) of the ICCPR.
37 See for instance Articles 7 and 4(2) of the ICCPR, Articles 1, 2 and 16 of the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment 1984.
38 Article 6 CEDAW.
39 See for instance Articles 48-58 of the Protocol Additional to the Geneva Conventions of 1949, and relating to
Protection of Victims of International Armed Conflicts (Additional Protocol 1, 1977).
40 See for instance Article 3(1) common to all four Geneva Conventions, Article 17 of Geneva Convention III relative to
the Treatment of Prisoners of War (1949), Articles 5, 27, 32, 37 of Geneva Convention IV relative to the Protection
of Civilian Persons in time of War (1949); Articles 75(2)(a)(ii); 75(2)(b); 75(2)(e) of Additional Protocol I, Articles
4(2)(a), 4(2)(e), 4(2)(h) of Protocol II Additional to the Geneva Conventions (1949) and relating to Protection of
Victims of Non-International Armed Conflicts (Additional Protocol II, 1977).
41 Article 75(1) Additional Protocol I (1977); Article 27 Geneva Conventions IV 1949; Article 72 Protocol Additional to
the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed
Conflicts (Protocol I), 8 June 1977 (Additional Protocol I 1977).
42 [s]exual violence was a step in the process of destruction of the [T]utsi group destruction of the spirit, of the will
to live, and of life itself: The Prosecutor v. Jean-Paul Akayesu (Trial Judgement), ICTR-96-4-T, International Criminal
Tribunal for Rwanda (ICTR), 2 September 1998.
43 Article 7(1)(g); Article 8(2)(b)(xxii); Article 8(2)(e)(vi).
44 Article 7(2)(c).
45 Article 19, ICL Draft Articles on State Responsibility; Prosecutor v. Furungzija (ICTY, 1998), Zoran Kupreskic et al.
46 Article 53, Vienna Convention on the Law of Treaties 1969.
47 Amnesty International et al., The Arms Trade Treaty: Securing Womens Rights and Gender Equality.
48 Article 4 (1993).
49 Radhika Coomaraswamy, Special Rapporteur on violence against women, Report to the Commission on Human
Rights, UN Doc. E/CN.4/2003/75 (2003), para 85.
50 See for example Amnesty International (2008), How to Apply Human Rights Standards to Arms Transfer Decisions;
International Committee of the Red Cross (2007), Arms Transfer Decisions; Applying International Humanitarian
Law Criteria; Oxfam International, Applying Sustainable Development Criteria; Saferworld (2010), National
Implementation of the Proposed Arms Trade Treaty: A Practical Guide.
51 United Nations Department of Political Aairs (2012), Guidance for Mediators: Addressing
Conict Related Sexual Violence in Ceasere and Peace Agreements, available at
http://www.un.org/wcm/content/site/undpa/main/issues/sexual_violence.

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