1 Arms Trade Treaty (ATT) Ratification by Parliament PCD&MV 11 November 2014

RESTRICTED 2 Introduction In April 2013, the UN Gen Assembly adopted the Arms Trade Treaty (ATT) which opened for signature in June In July 2013 Cabinet approved RSA to sign the ATT and that the ATT be ratified by Parliament. In Sept 2013 the President signed the ATT thus making RSA once of the first countries to sign the ATT. The ATT is a UN legally binding instrument that sets minimum standards for the regulation of international trade in conventional arms in order to prevent their diversion to the illicit market. The ATT is thus an international agreement that forms part of international law.

Introduction (Cont’) The Treaty will enter into force ninety days after the fiftieth State has deposited its instrument of ratification, acceptance or approval with the Depositary of the United Nations. South Africa’s timeous ratification and deposition with the United Nations will contribute towards the Treaty’s speedy enablement. When South Africa deposits its instrument of ratification, this Treaty shall enter into force for South Africa ninety days following the date of deposit of its instrument of ratification. RESTRICTED 3

The Constitution and International Agreements Article 21 of the Treaty provides that “This Treaty is subject to ratification, acceptance or approval by each signatory State”. Sec 231(2) of the Constitution provides that international agreements bind RSA after Parliament's approval (ratification) by resolution. Sec 231 (4) of the Constitution provides that any international agreement becomes law within this country when enacted into law by national legislation. This Treaty is thus tabled to seek Parliament’s approval. 4

RSA Government Position RSA participated actively in the UN negotiations on the ATT informed by the following considerations: –Provisions of the Constitution. –Interest in the establishment of common minimum international standards for arms transfer. –Concern on illicit trade in arms and its negative consequences to human security and international peace. –Understanding of the international implications of arms trade to Govt and industry. 5

RSA Government Position (Cont’) –State capacity to execute arising obligations. The State Law Advisor advised that the Treaty is consistent with the South African law. RSA signed the Treaty on approval by Cabinet. Cabinet also approved the ratification of the ATT by Parliament 6

Post Ratification Process Once the Treaty is ratified, –Placing Before Depositary. DIRCO will process an Instrument of Ratification and present it to the Depositary, the Secretary-General of the United Nations. –Entry Into Force. This Treaty shall enter into force for South Africa ninety days following the date of deposit of its instrument of ratification. –Enabling Legislation Requirement Provision. To give effect to the Treaty in RSA, Sec 231 of the Constitution requires enabling legislation in the event of none. RESTRICTED 7

Post Ratification Process (Cont’) –Enabling Legislation Requirement Not Applicable. An analysis conducted into the presence and adequacy of relevant legal framework has indicated that the National Conventional Arms Control (Act 41 of 2002) as amended is the main legal framework to give effect to the provisions of the Treaty in RSA. This Act will, to the extent of small arms, be supplemented by the Firearms Control Act (Act 60 of 2000). –Execution of Obligations. These will be carried out as indicated above and reported accordingly in terms of the relevant procedures. Once the above is done, the Republic would have fulfilled its obligations under the Convention. RESTRICTED 8

Key Elements of the ATT Object and Purpose of the Treaty (Art 1.) Establish the highest possible common international standards for regulating. Prevent and eradicate the illicit trade in conventional arms and prevent their diversion. For the purposes of promoting: –International peace and security. –Prevent human suffering. –Promote States’ responsibility, co-operation, transparency. RESTRICTED 9

Key Elements of the ATT (Cont’) Scope (Art 2) The Treaty covers the transfer (export, import, transit, trans-shipment and brokering) of battle tanks; armoured combat vehicles; large-calibre artillery systems; combat aircraft; attack helicopters; warships; missiles and missile launchers; and small arms and light weapons. Provides for the 7 UNRCA categories plus Small and Light Weapons. It does not apply to the international movement of conventional arms by, or on behalf of, a State Party for its use provided that the conventional arms remain under that State Party’s ownership. The NCAC Act and the Firearms Control Act cover these items adequately with elaborate processes of control. RESTRICTED 10

Key Elements of the ATT (Cont’) General Implementation (Art 5) Each State Party shall establish and maintain a national control system, including a national control list, in order to implement the provisions of this Treaty. –The Regulations to the NCAC Act lays the RSA Control List of Conventional Arms. Each State Party shall designate competent national authorities in order to have an effective and transparent national control system regulating the transfer of conventional arms. –The National Conventional Arms Control Committee ( NCACC ) is such competent authority. RESTRICTED 11

Key Elements of the ATT (Cont’) Prohibitions (Art 6) The Treaty provides for specific arms transfer prohibitions. These include UN embargoes; where there is a likelihood of the commission of genocide; crimes against humanity; grave breaches of the Geneva Conventions of 1949; attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements. The NCAC Act deals with this aspect adequately in Section 15 that spells out guiding principles and criteria for arms sales. RESTRICTED 12

Key Elements of the ATT (Cont’) Risks Assessment and Mitigation (Art 7, 8, 9, & 11) In considering a possible arms transfer authorisation, States are required to conduct a thorough risk assessment and determine appropriate mitigations. This functions is currently carried out by the NCACC under its mandating legislation (Sec 15). Approval, Hold and Denial decisions are taken. RESTRICTED 13

Key Elements of the ATT (Cont’) Reporting (Art 13) The Treaty requires State Parties to report on implementation measures such as: –National legislation, –Controls to counter diversions, and –Submission of annual reports similar to existing annual reports to the UN on conventional arms transfers. The NCAC Act deals with this aspect adequately and all the necessary reporting and implementation processes have been established and are currently operational. RESTRICTED 14

Way Ahead Once the Treaty is Ratified by Parliament, –Instrument. DIRCO will process the Instrument of Ratification and present it to the Depositary, the Secretary-General of the United Nations. –Force. The Treaty shall enter into force for South Africa ninety days following the date of deposit of its instrument of ratification. –Execution. All Treaty obligations shall be carried out as indicated above and reported accordingly in terms of the relevant procedures. –Participation. Delegations from South Africa will attend annual meetings of the Treaty. RESTRICTED 15

RESTRICTED 16 End Thank You