Amnesty: Waffen aus aller Welt fördern Mord und Vergewaltigung im Kongo / "IF YOU RESIST, WE’LL SHOOT YOU"

Dokumentiert: Schlussfolgerungen und Empfehlungen von amnesty international

“IF YOU RESIST, WE’LL SHOOT YOU” - THE DEMOCRATIC REPUBLIC OF THE CONGO AND THE CASE FOR AN EFFECTIVE ARMS TRADE TREATY
Amnesty International Publications, 2012

9 CONCLUSION AND RECOMMENDATIONS
(p. 47-52)

Arms supplying states must seriously re-consider the scale, severity and pervasive nature of the serious violations of international human rights and humanitarian law committed by Congolese security forces and armed groups before deciding whether or not to transfer conventional arms to the DRC, and act with extreme caution. Such transfers to armed units in the DRC whose commanders continue to act with impunity for crimes under international law, committed during the course of almost two decades of armed conflict in the DRC, and whose operational systems of accountability and training are inconsistent with international legal and other standards, will continue to fuel more violations and abuses. The other structural weaknesses that plague the security apparatus in the DRC, notably insecure stockpiling and lack of effective management, as well as diversion, theft, and corruption amplify the risk that weapons, munitions, armaments and related equipment will be used to commit or facilitate such violations.

The current weak UN arms embargo on the DRC, which applies only to “nongovernmental entities and individuals” is not a sufficient substitute for a robust reform of the DRC systems of arms import, management and user controls to bring them up to international standards. Nor should efforts by States to ensure respect for the UN arms embargo be treated as an alternative to the responsibility of all exporting states to carry out rigorous risk assessments before deciding whether or not to permit or halt an arms transfer.

It is therefore disturbing that arms supplying states are failing to properly notify the UNSC Sanctions Committee in advance of international arms transfers to the DRC. Not enough information is being provided on the itinerary of the arms shipment, the designated end-user or end-use, or on the monitoring and verification of the arms transfer by the supplier state to ensure that the arms are being used for the purposes authorized, and in a manner that conforms with obligations under international law.

All UN member states will have an historic opportunity to strengthen the international system of conventional arms transfer controls in July 2012 when they will negotiate the final text of a comprehensive Arms Trade Treaty (ATT). The Treaty should require states to establish strict risk assessment procedures before making a decision to authorize or deny an arms export and delivery to an end-user in another state. As is demonstrated by the tragic and prolonged suffering of people from human rights violations and abuse in the DRC, such risk assessment procedures are particularly important when arms are destined for states where poor stockpile management and security, regular theft and diversion, and the persistent misuse of weapons, munitions, armaments and related equipment.

Above all, a golden rule is essential in the ATT and in all national laws – an export or other transfer or delivery of conventional arms shall not be authorized until substantial risks that the arms would be used to commit or facilitate serious violations of international human rights and humanitarian law are removed. Preventive action to remove such a risk may include assistance (by the supplying states and others) to restructure the systems of accountability and training of prospective end-users, assistance to secure robust stockpile management; ensuring the physical security of the arms delivery; and, regularly auditing records on the storage, registration, and possession of the arms transferred. As highlighted in this report, in the current situation, the lack of adequate human rights safeguards for an effective ATT would prevent transferring conventional arms including ammunition to the DRC.

The continued proliferation and abuse of arms in the DRC is thus one of many cases worldwide why Amnesty International is campaigning for an ATT that has strong rules to help ensure respect for international human rights at the core of its normative framework.

In light of the findings in this report, Amnesty International makes the following recommendations:

To arms supplying states:

• Immediately end those transfers of weapons, munitions, armaments and related equipment to end-users in the DRC where there is a substantial risk that the arms are likely to be used or diverted to commit or facilitate serious violations of international human rights law or international humanitarian law – maintain this cessation in each case until effective human rights and other safeguards are put in place to remove the substantial risk of such violations.
  
• Before deciding whether or not to resume supplies and authorize an arms transfer to a lawful end-user in the DRC, a supplying state must undertake a rigorous risk assessment of whether there is a substantial risk that the unit are likely to use those arms to commit or facilitate serious violations of international human rights law or international humanitarian law. As part of the risk assessment process, states should in each case examine meaningfully to what extent:
  • thorough, independent and impartial investigations into all serious violations of international human rights and humanitarian law are conducted and suspected perpetrators are held accountable by the authorities;
  • security forces and law enforcement agencies’ policies, procedures and practices comply with international law and standards, including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;
  • policies, procedures and practices for the armed forces comply with states’ obligations under international law;
  • an effective system is being implemented for the physical security and lawful management of the storage and stockpiles of conventional arms in the recipient country;
  • a strict system is being implemented to thoroughly account for the storage, registration, possession and use of weapons, munitions, armaments and related equipment by armed forces and law enforcement officials.

If deficiencies in the above exist, a prospective exporting state should examine whether adequate reforms are underway that can reasonably be expected to address the deficiencies before any of the arms in question are sent to the particular enduser. States should act nevertheless with extreme caution until the effectiveness of the reforms can be clearly demonstrated.

• Where a substantial risk exists that the arms are likely to be used to commit or facilitate serious violations of international human rights law or international humanitarian law, the supplying state must deny the authorization to export or transfer the arms.
  
• In addition, where the substantial risk exists because of the absence of adequate stockpile security and arms management systems across the country, the supplying state must deny authorization until such a risk is removed.
  
• Any state considering the supply of arms or provision of military and security assistance to the DRC “shall notify in advance” the UNSC Sanctions Committee of any shipment of arms and related materiel, in accordance with paragraph 8 of UNSC Resolution 1807, and should co-operate fully with the GoE. States should include information on the end-user, the proposed date of delivery and the itinerary of shipments.
  
• Any state considering an arms transfer of military or security assistance to the DRC should first ensure and verify with the DRC authorities that all systems of accountability; rules of engagement; monitoring and training support to military, security and police forces are in accordance with international human rights and humanitarian law.
  
• Ensure that all exported weapons and munitions, including small arms and light weapons arsenals, are uniquely marked in compliance with the International Tracing Instrument adopted by the UN General Assembly in 2005; Ammunition crates and consignments should also be uniquely marked with batch numbers and other identifying features, and records kept of the unique markings of both arms and ammunition;
  
• States should support the negotiation of an effective ATT that includes:
  • the denial of an international arms transfer authorization wherever there is a substantial risk that the arms under consideration are likely to be used to commit or facilitate serious violations of international human rights law or international humanitarian law, or where there is a substantial risk that they arms could be used to perpetrate or facilitate a pattern of armed violence or gender-based violence, including rape and other forms of sexual violence;
  • a requirement to conduct an effective inquiry and meaningful assessment of each application or proposal for authorization of an arms transfer on a case-by-case basis, consistent with Treaty criteria;
  • a comprehensive scope that encompasses all forms of international trade and transfers, and all types of weapons, munitions, armaments and other equipment, parts and technologies used for military and law enforcement operations, as well as arms brokering, transport, and financial services to enable such trade and transfer; and,
  • robust standards and procedures for implementation and enforcement, including comprehensive national authorization and licensing systems, transparent reporting, strict and end-use controls, adequate penalties fir illegal acts and effective dispute resolution and treaty review mechanisms.

To the UN Security Council (SC):

• Strengthen the arms embargo on the DRC by requiring that all proposed transfers of conventional arms are only licensed after a rigorous risk assessment in each case, to determine whether there is a substantial risk of the proposed arms transfer being used to commit or facilitate serious violations of international human rights law or international humanitarian law.
  
• Strengthen the arms embargo on the DRC by requiring supplying states to undertake rigorous monitoring and verification of the end-use of the arms transfer over a period sufficient to enable objective verification that international human rights and humanitarian law and standards are not violated by the use of the arms.
  
• Demand and obtain guarantees from the DRC authorities regarding the accountable and lawful use of any arms imported or otherwise received.
  
• Call on the DRC government to investigate all allegations of violations of international human rights and humanitarian law and where there is sufficient admissible evidence, bring suspected perpetrators to justice in proceedings that conform to international fair trial standards without recourse to the death penalty.
  
• Mandate the UN mission in the DRC to provide assistance and facilitate international cooperation to ensure an effective system is being implemented for the physical security and lawful management of the storage and stockpiles of conventional arms in the recipient country, and a strict system is being implemented to thoroughly account for the storage, registration, possession and use of weapons, munitions, armaments and related equipment by the armed forces and law enforcement agencies in the DRC.
• Reinstate in the mandate of the UN arms embargo the requirement for a restricted number of designated entry points for the import of all conventional arms to the Government of the DRC. These designated sites should be manned and monitored by the UN mission in the DRC.
  
• Insist that, in accordance with UNSC Resolution 1807, any state considering the supply of arms or provision of military and security assistance to the DRC notifies the UNSC Sanctions Committee in advance and provides sufficient details of those arms or related transfers to assess the risks, including information on the end-user, proposed date of delivery and the itinerary of shipments and co-operates fully with the GoE.

To the DRC authorities:

• Immediately cease all violations of international human rights and humanitarian law; and, instruct security forces to comply with international law and standards.
  
• Ensure all allegations of violations of international human rights and humanitarian law, both past and present, are promptly, independently and thoroughly investigated and, where there is sufficient admissible evidence, bring suspected perpetrators to justice in proceedings that conform to international fair trial standards without recourse to the death penalty, and ensure that victims receive full and effective reparations.
  
• Establish adequate stockpile management and monitoring systems including record keeping across the country, to ensure proper recording of all weapons, munitions, armaments and related equipment to prevent issues of diversion and theft, in accordance with the International Tracing Instrument adopted by the UN General Assembly in 2005, the Best Practice Guidelines for the Implementation of the Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa, which the DRC signed and ratified on 21 April 2004.
  
• Prioritize and implement comprehensive security sector reform in the DRC consistent with obligations under international human rights law and IHL that includes a vetting mechanism to remove individuals who may reasonably be suspected of having committed crimes under international law or other human rights violations, until allegations concerning that person can be independently and impartially investigated.

To the Armed Opposition Groups:

• Immediately cease all human rights abuses and violations of international humanitarian law.
  
• Make sure that those under their command understand that violations of international humanitarian law, including attacks on civilians or civilian objects,
  
• Reinstate in the mandate of the UN arms embargo the requirement for a restricted number of designated entry points for the import of all conventional arms to the Government of the DRC. These designated sites should be manned and monitored by the UN mission in the DRC.
  
• Insist that, in accordance with UNSC Resolution 1807, any state considering the supply of arms or provision of military and security assistance to the DRC notifies the UNSC Sanctions Committee in advance and provides sufficient details of those arms or related transfers to assess the risks, including information on the end-user, proposed date of delivery and the itinerary of shipments and co-operates fully with the GoE.

To the DRC authorities:

• Immediately cease all violations of international human rights and humanitarian law; and, instruct security forces to comply with international law and standards.
  
• Ensure all allegations of violations of international human rights and humanitarian law, both past and present, are promptly, independently and thoroughly investigated and, where there is sufficient admissible evidence, bring suspected perpetrators to justice in proceedings that conform to international fair trial standards without recourse to the death penalty, and ensure that victims receive full and effective reparations.
  
• Establish adequate stockpile management and monitoring systems including record keeping across the country, to ensure proper recording of all weapons, munitions, armaments and related equipment to prevent issues of diversion and theft, in accordance with the International Tracing Instrument adopted by the UN General Assembly in 2005, the Best Practice Guidelines for the Implementation of the Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa, which the DRC signed and ratified on 21 April 2004.
  
• Prioritize and implement comprehensive security sector reform in the DRC consistent with obligations under international human rights law and IHL that includes a vetting mechanism to remove individuals who may reasonably be suspected of having committed crimes under international law or other human rights violations, until allegations concerning that person can be independently and impartially investigated.

To the Armed Opposition Groups:

• Immediately cease all human rights abuses and violations of international humanitarian law.
  
• Make sure that those under their command understand that violations of international humanitarian law, including attacks on civilians or civilian objects, rape and sexual violence, will not be tolerated;
  
• Investigate allegations of violations of international humanitarian law and remove from their ranks anyone suspected of violations.

Source: www.amnesty.org; full report