RES/32/12 Impact of arms transfers on human rights

GE.16-12182(E)



Human Rights Council Thirty-second session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 July 2016

32/12. Impact of arms transfers on human rights

The Human Rights Council,

Guided by the Charter of the United Nations and the Universal Declaration of

Human Rights,

Reaffirming that everyone has the right to life, liberty and security of person and is

entitled to a social and international order in which the rights and freedoms set forth in the

Universal Declaration of Human Rights can be fully realized,

Recalling the right to self-defence of States and their duty to promote and protect the

human rights of all individuals within their territory,

Recalling also the International Covenant on Economic, Social and Cultural Rights,

the International Covenant on Civil and Political Rights, the Convention on the Prevention

and Punishment of the Crime of Genocide, the Geneva Conventions of 12 August 1949, the

Additional Protocols thereto of 8 June 1977, other international human rights law and

international humanitarian law instruments, and the Vienna Declaration and Programme of

Action,

Recalling further General Assembly resolution 60/251 of 15 March 2006, and

Human Rights Council resolutions 5/1 and 5/2 and decision 5/101 of 18 June 2007, and

resolution 16/21 of 25 March 2011,

Recalling its resolution 24/35 of 27 September 2013,

Recalling in particular that the Human Rights Council has the mandate to, inter alia,

serve as a forum for dialogue on thematic issues on all human rights,

Acknowledging that millions of people around the world are affected by serious

human rights violations and abuses committed or facilitated by the irresponsible use of

arms,

Acknowledging also that human rights law and international humanitarian law are

complementary and mutually reinforcing,

Recalling the principles and provisions relating to international human rights law

and international humanitarian law, and to the promotion of responsible action by States, as

United Nations A/HRC/RES/32/12

General Assembly

contained in the Arms Trade Treaty adopted by the General Assembly on 2 April 2013,1

which entered into force on 24 December 2014, as well as in other relevant instruments,

Reaffirming that all efforts should be made to ensure the cessation of all violations

and abuses of, and the full respect for, international human rights law and international

humanitarian law in armed conflicts and in peacetime,

Bearing in mind the adoption by the General Assembly of the 2030 Agenda for

Sustainable Development,2 including target 16.4 of the Sustainable Development Goals, to

significantly reduce illicit arms flows,

1. Expresses its deep concern at the fact that arms transfers, particularly those

that are illicit or unregulated, may seriously undermine the human rights of individuals,

especially women, children, the elderly, persons with disabilities and other vulnerable

groups;

2. Notes with alarm that such arms transfers can have a seriously negative

impact on the human rights of women and girls, who may be disproportionately affected by

the widespread availability of arms, as it may increase the risk of sexual and gender-based

violence, and of violence against children;

3. Urges all States to refrain from transferring arms when they assess, in

accordance with applicable national procedures and international obligations and standards,

that such arms are sufficiently likely to be used to commit or facilitate serious violations or

abuses of international human rights law or international humanitarian law;

4. Requests the Office of the United Nations High Commissioner for Human

Rights to prepare a report, in consultation with States, United Nations agencies and other

relevant stakeholders, on the impact of arms transfers on the enjoyment of human rights,

and to present it to the Human Rights Council at its thirty-fifth session, in order to provide

States and other relevant stakeholders with elements to assess the relationship between

arms transfers and human rights law that may guide them to strengthen efforts to effectively

protect human rights;

5. Invites all relevant special procedures, commissions of inquiry and human

rights treaty bodies to bear the present resolution in mind, within the framework of their

respective mandates;

6. Decides to remain seized of this issue.

43rd meeting

1 July 2016

[Adopted by a recorded vote of 32 to 5, with 10 abstentions. The voting was as follows:

In favour:

Algeria, Bangladesh, Bolivia (Plurinational State of), Botswana, Burundi,

China, Congo, Côte d’Ivoire, Cuba, Ecuador, El Salvador, Ethiopia, Ghana,

India, Indonesia, Kenya, Maldives, Mexico, Mongolia, Namibia, Nigeria,

Panama, Paraguay, Philippines, Republic of Korea, Russian Federation,

South Africa, Switzerland, Togo, United Arab Emirates, Venezuela

(Bolivarian Republic of), Viet Nam

Against:

1 General Assembly resolution 67/234 B.

2 General Assembly resolution 70/1.

France, Germany, Latvia, Netherlands, United Kingdom of Great Britain and

Northern Ireland

Abstaining:

Albania, Belgium, Georgia, Kyrgyzstan, Morocco, Portugal, Qatar, Saudi

Arabia, Slovenia, the former Yugoslav Republic of Macedonia]