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1782 OF 2016
(May 20)
Official Journal No. 49.879 of 20 May 2016
CONGRESS OF THE REPUBLIC
By means of which the "Treaty on Arms Trade", adopted by the General Assembly of the United Nations by Resolution 67 /234B of 2 April 2013 and signed in New York City, is approved on 24 June 2013. September 2013.
THE CONGRESS OF THE REPUBLIC:
Having regard to the text of the "Treaty on Arms Trade" adopted by the United Nations General Assembly by Resolution 67 /234B of 2 April 2013 and signed in New York City on 24 September 2013.
(To be transcribed: Full and faithful photocopy of the text in Spanish of the Treaty, certified by the Coordinator of the Internal Working Group of Treaties of the International Legal Affairs Directorate of the Ministry of Relations Exteriors, a document that rests in the archives of that Ministry and consists of ten (10) folios.
BILL NUMBER 59
by means of which the "Treaty on Arms Trade", adopted by the General Assembly of the United Nations by Resolution 67 /234B of 2 April 2013 and signed in New York City, is tested York, 24 September 2013.
The Congress of the Republic
Having regard to the text of the "Treaty on Arms Trade" adopted by the United Nations General Assembly by Resolution 67 /234B of 2 April 2013 and signed in New York City on 24 September 2013.
(To be transcribed: Full and faithful photocopy of the text in Spanish of the Treaty, certified by the Coordinator of the Internal Working Group of Treaties of the International Legal Affairs Directorate of the Ministry of Relations Exteriors, a document that rests in the archives of that Ministry and consists of ten (10) folios).
This bill consists of twenty (20) folios.
UNITED NATIONS
2013
TREATY ON ARMS TRADE
Preamble
States Parties to this Treaty,
Guided for the purposes and principles of the United Nations Charter,
Remembering Article 26 of the Charter of the United Nations, which aims to promote the establishment and maintenance of international peace and security with the least possible diversion of human resources and the world's economic towards armaments,
stressing the need to prevent and eliminate the illicit trafficking of conventional weapons and to prevent their diversion to the illicit market or to unauthorized uses and end users, in particular for the commission of acts terrorists,
Recognizing the legitimate interests of the political, economic, commercial and security order of the States in relation to the international trade in conventional weapons,
reaffirming the sovereign right of every State to regulate and control, according to its own legal or constitutional system, conventional weapons that are exclusively in its territory,
Recognizing that peace and security, the development of human rights are pillars of the United Nations system and serve as the foundation for collective security, and that development, peace and security and human rights are interrelated and mutually reinforcing,
Remembering the United Nations Commission on Disarmament Guidelines on International Arms Transfers, in the context of General Assembly Resolution 46 /36H of 6 December 1991,
Observing the contribution made by the United Nations Program of Action to prevent, combat, and eliminate the illicit trafficking of small and light weapons in all its aspects, as well as the Protocol against the illicit manufacturing and trafficking of firearms, their parts and components and ammunition, which complements the United Nations Convention against Transnational Organized Crime, and the International Instrument to enable States identify and locate, in a timely and reliable manner, small arms and light weapons illicit,
Recognizing the social, economic, humanitarian and security consequences of illicit and unregulated trafficking of conventional weapons,
Considering that the vast majority of people affected by armed conflict and gun violence are civilians, particularly women and children,
Acknowledging also the difficulties faced by victims of armed conflict and their need to receive an adequate degree of care, rehabilitation and social and economic , that no provision of this Treaty prevents States from maintaining and approving additional effective measures to promote the object and purpose of the Treaty,
Aware of legitimate trade and property and the legal use of certain conventional weapons for recreational, cultural, historical and sporting activities, in cases where such forms of trade, property and use are permitted or protected by law,
Also aware of the role regional organizations can play in providing assistance to the States Parties, upon request in order to implement this Treaty,
Recognizing the active role that civil society, including non-governmental organizations and industry, can play in raising awareness about the object and purpose of this Treaty, and in support of your application,
Acknowledging that the regulation of international trade in conventional arms and the prevention of their diversion should not hinder international cooperation and legitimate trade in material, equipment and technology for the purposes of pacific,
Putting in the spotlight the desirability of achieving universal adherence to this Treaty,
Resolved to act in accordance with the following principles:
Principles
-The immanent right of all States to the legitimate individual or collective defense recognized in Article 51 of the Charter of the United Nations;
-The settlement of international disputes by peaceful means in such a way as not to endanger international peace and security or justice in accordance with Article 2 (3) of the Charter of the United Nations;
-The renunciation of recourse, in international relations, to the threat or use of force against the territorial integrity or political independence of any State, or in any other form incompatible with the purposes of the Nations United, in accordance with Article 2, paragraph 4 of the Charter of the United Nations;
-Non-intervention in matters that are essentially the internal jurisdiction of each State, in accordance with Article 2, paragraph 7, of the Charter of the United Nations;
-The obligation to respect and enforce International Humanitarian Law, in accordance, among others, with the Geneva Conventions of 1949, and to respect and enforce human rights, in accordance with the Charter of Nations United and the Universal Declaration of Human Rights, among other instruments;
-The responsibility of all States, in accordance with their respective international obligations, to effectively regulate the international trade in conventional weapons and to prevent their diversion, as well as the primary responsibility of all States to establish and implement their respective national control systems;
-Respect for the legitimate interests of States to acquire conventional weapons to exercise their right to legitimate defense and for peacekeeping operations, as well as to manufacture, export, import and transfer weapons conventional;
-The consistent, objective and non-discriminatory application of this Treaty;
Have agreed to the following:
The object of this Treaty is:
-Establish common international standards as stringent as possible to regulate or improve the regulation of international trade in conventional weapons;
-Prevent and eliminate illicit trafficking of conventional weapons and prevent their diversion;
For the purpose of:
-Contribute to regional and international peace, security and stability;
-Reduce human suffering;
-Promote cooperation, transparency and responsible action by States parties in the international trade in conventional arms, thereby fostering trust among them.
l. This Treaty shall apply to all conventional weapons falling within the following categories:
a) Combat carts;
b) Armoured combat vehicles;
c) Large-caliber artillery systems;
d) Aircraft combat aircraft;
e) Attack helicopters;
f) Warships;
g) Missile and missile launchers; and
h) Small arms and light weapons.
2. For the purposes of this Treaty, international trade activities shall cover the export, import, transit, transhipment and brokering, hereinafter referred to as 'transfers'.
3. This Treaty shall not apply to international transport by a State party, or on its behalf, of conventional arms intended for its own use, provided that they remain under the ownership of that State party.
Each State Party shall establish and maintain a national control system to regulate the export of ammunition fired, launched or propelled by conventional weapons as defined in Article 2or, paragraph 1 and apply the provisions of Articles 6 and 7 before authorizing the export of such ammunition.
ARTICLE 4. PARTS AND COMPONENTS.
Each State Party shall establish and maintain a national control system to regulate the export of parts and components when such export permits the manufacture of conventional weapons within the meaning of Article
ARTICLE 5. GENERAL APPLICATION.
1. Each State Party shall apply this Treaty in a consistent, objective and non-discriminatory manner, taking into account the principles mentioned therein.
2. Each State Party shall establish and maintain a national control system, including a national control list, to implement the provisions of this Treaty.
3. Each State is encouraged to apply the provisions of this Treaty to the widest possible variety of conventional weapons. National definitions of any of the categories referred to in paragraphs 1 (a) to (g) of the first subparagraph of Article 2may not be more restrictive than the descriptions used in the Register of Arms Convention of the United Nations at the time of the entry into force of this Treaty. For the category referred to in paragraph 1 (h) of the first subparagraph of Article 2h), national definitions may not be more restrictive than the descriptions used in the relevant instruments of the United Nations at the time of the entry into force of this Treaty.
4. Each State party shall, in accordance with its national laws, provide its national control list to the Secretariat, which shall make it available to the other States Parties. States parties are encouraged to make their checklists public.
5. Each State party shall take the measures necessary to implement the provisions of this Treaty and shall designate the competent national authorities in order to have a national system of effective and transparent control to regulate the transfer of conventional weapons within the meaning of paragraph 1 of Article 2, and of elements included in the article 3 and article 4.
6. Each State Party shall designate one or more national contact points to exchange information on matters related to the implementation of this Treaty. Each State Party shall notify its national point or points of contact to the Secretariat as set out in Article 18 and keep this information up to date.
l. A State Party shall not authorize any transfer of conventional weapons within the meaning of Article 2, paragraph 1, or of items included in Article 3 or Article 4, if the transfer assumes a violation of its obligations under the measures adopted by the United Nations Security Council acting in accordance with Chapter VII of the the United Nations, in particular arms embargoes.
2. A State Party shall not authorize any transfer of conventional weapons within the meaning of Article 2, paragraph 1, or of items included in Article 3 or Article 4, if the transfer assumes a violation of its relevant international obligations under the international agreements in which it is a party, especially those relating to international transfer or illicit trafficking in conventional weapons.
3. A State Party shall not authorize any transfer of conventional weapons within the meaning of Article 2, paragraph 1, or of items included in Article 3 or Article 4, if at the time of authorization is aware that weapons or elements could be used to commit genocide, crimes against humanity, serious violations of the Geneva Conventions of 1949, targeted attacks against civil goods or protected civil persons, or other war crimes typified in the international agreements in which it is a party.
ARTICLE 7. EXPORT AND ASSESSMENT OF EXPORTS.
1. If the export is not prohibited under Article 6, each exporting State party, before authorizing the export under its jurisdiction of conventional arms within the meaning of Article 2, paragraph 1, or elements within the meaning of Article 3 or Article 4, and in accordance with its national control system, shall evaluate, in an objective and non-discriminatory manner, and taking into account relevant factors, including information provided by the State importer in accordance with Article 8, paragraph 1, if conventional weapons or elements could:
a) Contribute to peace and security or undermine them;
b) Use for:
i) Cometer or facilitate a serious violation of International Humanitarian Law;
ii) Cometer or facilitate a serious violation of International Human Rights Law;
(iii) Cometer or facilitate an act constituting a crime under the international conventions or protocols relating to terrorism in which the exporting State is a party; or
(iv) Cometer or facilitate an act constituting a crime under the international conventions or protocols relating to transnational organized crime in which the exporting State is a party.
2. The exporting Member State shall also examine whether measures could be taken to mitigate the risks referred to in paragraph 1 (a) or (b), such as confidence-building measures or programmes drawn up and agreed jointly by the Member States. Exporting and importing states.
3. If, after this assessment has been carried out and the mitigation measures available have been examined, the exporting Member State determines that there is a clear risk of any of the negative consequences referred to in paragraph 1. Status will not authorize the export.
4. When carrying out the assessment, the exporting State shall take into account the risk that the conventional weapons referred to in paragraph 1 of Article 2or the items included in Article 3 or article 4 are used to commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children.
5. Each exporting State shall take measures to ensure that all export authorisations for conventional arms covered by paragraph 1 of Article 2or items included in Article 3 or article 4, are detailed and dispatched before the export is performed.
6. Each exporting State shall make available to the importing State Party and States Parties of transit or transhipment appropriate information on the authorisation in question upon request and in accordance with its laws, practices or policies. national.
7. If, after an authorisation has been granted, an exporting Member State has knowledge of new data which is relevant, that State is encouraged to review the authorisation after consulting the importing State where appropriate.
l. Each importing State shall take measures to provide, in accordance with its national laws, appropriate and relevant information to the exporting State Party so request in order to assist it in carrying out its national export assessment. according to article 7. Such measures may include the provision of documentation on end users or uses.
2. Each importing State party shall take measures to allow it to regulate, where appropriate, imports under its jurisdiction of conventional weapons as referred to in paragraph 1 of Article 2. Such measures may include import systems.
3. Each importing State party may request information from the exporting State in relation to the pending or already granted export authorisations in which the importing Member State is the country of final destination.
ARTICLE 9. TRANSIT OR TRANSHIPMENT.
Each State Party shall take appropriate measures to regulate whenever appropriate and practicable, transit or transshipment under its jurisdiction of conventional weapons within the meaning of Article 2, paragraph 1 of compliance with the applicable International Law.
Each State party shall take measures in accordance with its national laws to regulate the brokerage activities that take place in its jurisdiction in relation to the conventional weapons included in the article 2, paragraph 1. Such measures may include the requirement for intermediaries to register in a register or obtain a written authorisation before starting their business.
l. Each State party participating in a transfer of conventional arms within the meaning of Article 2, paragraph 1, shall take measures to prevent its diversion.
2. The exporting Member State shall seek to prevent the diversion of transfers of conventional weapons within the meaning of paragraph 1 of Article 2by means of its national control system established under the Article 5, paragraph 2, assessing the risk of diversion of export and examining the possibility of establishing mitigation measures, such as confidence-building measures or established and agreed programmes jointly by the exporting and importing States. Other prevention measures could, where appropriate, include in examining the parties involved in the export, requiring additional documentation, certificates or guarantees, not authorising the export or imposing other appropriate measures.
3. The importing, exporting, transit and transhipment States shall cooperate with each other and exchange information, in accordance with their national laws, where appropriate and practicable, in order to mitigate the risk of diversion of the Conventional arms transfers within the meaning of Article 2, paragraph 1.
4. If a State party detects the diversion of a transfer of conventional weapons within the meaning of Article 2, paragraph 1, it shall take the necessary measures, in accordance with its national laws and in accordance with the International Law, to deal with that diversion. Such measures may consist of alerting potentially affected States to the diversion of shipments of such conventional weapons within the meaning of Article 2, paragraph 1, and to take measures of monitoring in the field of research and compliance.
5. In order to better understand and prevent the diversion of conventional arms transfers within the meaning of paragraph 1 of Article 2, States Parties are encouraged to share relevant information on measures effective to deal with deviations. Such information may include data on illicit activities, including corruption, international trafficking routes, illegal intermediaries, illicit sources of supply, methods of concealment, common shipping points or destinations used by organized groups that engage in diversion.
6. States Parties are encouraged to inform the other States Parties, through the Secretariat, of the measures they have taken to address the diversion of transfers of conventional arms covered by Article
l. Each State party shall keep national records, in accordance with its domestic laws and regulations, of export authorizations issued or exports made of conventional weapons covered by the article 2, paragraph l.
2. Each State party is encouraged to keep records of the conventional weapons referred to in paragraph 1 of Article 2, which have as their final destination their territory or are the subject of a transit authorisation or transshipment through it.
3. Each State party is encouraged to include in those records information on the quantity, value and model or type of arms, international transfers of conventional arms included in the article 2, paragraph 1, which have been authorised, the conventional weapons effectively transferred, and precise data on the exporting, importing, transit and transhipment States and on the end users, as proceed.
4. Records shall be kept for at least 10 years.
l. Within one year of the entry into force of this Treaty in accordance with Article 22, each State Party shall submit to the Secretariat an initial report on the measures taken to implement it, including national laws, national control lists and other administrative regulations and measures. Each State Party shall inform the Secretariat, where appropriate, of any new measures taken to implement this Treaty. The Secretariat shall distribute the reports and make them available to the States Parties.
2. States Parties are encouraged to provide to the other States Parties, through the Secretariat, information on measures taken that have been effective in addressing the diversion of transfers of conventional arms. included in the article 2, paragraph 1.
3. Each State Party shall submit annually to the Secretariat, by 31 May at the latest, a report on the authorized or realized exports and imports of conventional weapons within the meaning of Article 2 (1). Previous calendar The Secretariat shall distribute the reports and make them available to the States Parties. The report submitted to the Secretariat may contain the same information as the State Party has submitted in the relevant United Nations frameworks, including the United Nations Register of Conventional Weapons. Reports may exclude commercially sensitive or national security data.
Each State Party shall take appropriate measures to enforce national laws and regulations implementing the provisions of this Treaty.
ARTICLE 15. INTERNATIONAL COOPERATION
l. The States Parties shall cooperate with each other, in a manner compatible with their respective national security interests and laws, in order to effectively implement this Treaty.
2. Member States are encouraged to facilitate international cooperation, in particular by exchanging information on matters of mutual interest related to the implementation and operation of this Treaty, in accordance with their respective national security interests and laws.
3. States Parties are encouraged to maintain consultations on issues of mutual interest and to exchange information, as appropriate, to contribute to the implementation of this Treaty.
4. States Parties are encouraged to cooperate, in accordance with their national laws, to contribute to the implementation at national level of the provisions of this Treaty, in particular by exchanging information on illegal activities and actors in order to prevent and eradicate the diversion of conventional weapons within the meaning of Article 2or paragraph 1.
5. The States Parties shall, when agreed upon and in accordance with their national laws, provide the widest assistance in investigations, prosecutions and judicial proceedings concerning violations of national measures taken with This Treaty shall apply.
6. States Parties are encouraged to adopt national measures and to cooperate with each other in order to prevent transfers of conventional weapons within the meaning of Article 2or, paragraph 1, from being the subject of practices. corrupt.
7. States Parties are encouraged to exchange experiences and information on lessons learned in relation to any aspect of this Treaty.
ARTICLE 16. INTERNATIONAL ASSISTANCE.
1. In order to implement this Treaty, each State party may seek assistance, in particular legal or legislative assistance, assistance for the development of institutional capacity and technical, material or financial assistance. Such assistance may include the management of stocks, disarmament, demobilisation and reintegration programmes, model legislation and effective implementation practices. Each State party which is in a position to do so shall, upon request, provide such assistance.
2. Each State party may request, offer or receive assistance through, inter alia, the United Nations, international, regional, subregional or national organizations, non-governmental organizations or through agreements bilateral.
3. The States Parties shall establish a trust fund for voluntary contributions to help implement this Treaty to States Parties that request and require international assistance. Each State is encouraged to contribute resources to the trust fund.
ARTICLE 17. CONFERENCE OF THE STATES PARTIES
1. The Interim Secretariat established in accordance with Article 18 shall convene a Conference of the States Parties not later than one year after the entry into force of this Treaty and thereafter when the Conference of the States Parties so decides.
2. The Conference of States Parties shall adopt its Rules of Procedure by consensus in its first session.
3. The Conference of the States Parties shall adopt its financial rules and that of the subsidiary bodies it establishes, as well as the financial provisions governing the operation of the Secretariat. At each regular session, the Conference of the States Parties shall adopt a budget for the financial year which shall be in force until the following regular session.
4. The Conference of States Parties:
(a) Examine the implementation of this Treaty, including developments in the field of conventional weapons;
b) Examine and approve recommendations on the implementation and functioning of this Treaty, in particular the promotion of its universality;
c) Examine amendments to this Treaty in accordance with Article 20;
(d) Examine the issues arising from the interpretation of this Treaty;
e) Examine and decide the Secretariat's functions and budget;
(f) Examine the establishment of subsidiary bodies which are necessary to improve the functioning of this Treaty; and
g) Shall carry out the other functions under this Treaty.
5. Extraordinary meetings of the Conference of the States Parties shall be held when such meetings are deemed necessary or where a State party so requests in writing, provided that such request is supported by at least two-thirds of the States. parts.
l. This Treaty establishes a Secretariat to assist the States Parties to implement effectively the provisions of this Treaty. Until the first meeting of the Conference of the States Parties is held, an Interim Secretariat shall carry out the administrative functions provided for in this Treaty.
2. The Secretariat shall be provided with a sufficient number of staff. Staff shall have the necessary experience to ensure that the Secretariat effectively performs the functions described in paragraph 3.
3. The Secretariat shall be accountable to the States Parties. Within the framework of a reduced structure, the Secretariat shall perform the following tasks:
(a) Receive, distribute and make available the reports provided for in this Treaty;
b) Maintain and make available to the States parties the list of national contact points;
e) Facilitating correspondence between offers and requests for assistance for the implementation of this Treaty and promoting international cooperation when requested;
d) Facilitate the work of the Conference of the States Parties, in particular by taking the necessary measures and providing the services needed for the meetings provided for in this Treaty; and
e) To perform the other functions decided by the Conference of the States Parties.
ARTICLE 19. DISPUTE RESOLUTION
l. The States Parties shall hold consultations and, by mutual agreement, shall cooperate with each other in order to resolve any dispute which may arise between them with regard to the interpretation or application of this Treaty, by means of negotiations, mediation, conciliation, judicial settlement or other peaceful means.
2. The States Parties may submit to arbitration, by common agreement, any dispute arising between them in respect of matters relating to the interpretation or application of this Treaty.
1. Any State party may propose amendments to this Treaty six years after its entry into force. Subsequently, the proposed amendments can only be examined by the Conference of States Parties every three years.
2. Any proposal to amend this Treaty shall be submitted in writing to the Secretariat, which shall distribute it to all States Parties not less than 180 days before the next meeting of the Conference of the States Parties in which it is may consider amendments in accordance with paragraph 1. The amendment will be discussed at the next meeting of the Conference of the States Parties in which amendments can be examined in accordance with paragraph 1 if, not later than 120 days after the proposal is distributed by the Secretariat, the majority of the The States Parties notify the Secretariat of their support for the examination of this proposal.
3. The States Parties shall make every effort to reach a consensus on each amendment. If all possibilities of consensus have been exhausted and no agreement has been reached, the amendment may ultimately be approved by a majority of three quarters of the present and voting states at the meeting of the Conference of the States Parties. For the purposes of this Article, States Parties present and voting shall be understood to mean that the States Parties present an affirmative or a negative vote. The Depositary shall communicate to all States the approved amendments.
4. Amendments adopted in accordance with paragraph 3 shall enter into force for each State party which has deposited its instrument of acceptance of that amendment, 90 days after the date on which the majority of the States which were parties to the Treaty When the amendment was approved, its instruments of acceptance have been deposited with the Depositary. Subsequently, the amendment shall enter into force for any other State party 90 days after the date on which it deposits its instrument of acceptance of that amendment.
ARTICLE 21. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, OR ACCESSION
l. This Treaty shall be open for signature by all States at the United Nations Headquarters in New York from 3 June 2013 until its entry into force.
2. This Treaty shall be subject to the ratification, acceptance or approval of each signatory State.
3. After its entry into force, this Treaty shall be open for accession by any State which has not signed it.
4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
1. This Treaty shall enter into force 90 days after the date on which the fiftieth instrument of ratification, acceptance or approval is deposited with the Depositary.
2. For any State which deposits its instrument of ratification, acceptance, approval or accession after the entry into force of this Treaty, it shall enter into force in respect of that State 90 days after the date on which it deposits its instrument of ratification, acceptance, approval or accession.
ARTICLE 23. PROVISIONAL APPLICATION.
Any State may declare, at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, that it shall provisionally apply the provisions of Articles 6or href="ley_1782_2016.html#7"> 7or this Treaty as long as its entry into effect does not occur with respect to that State.
ARTICLE 24. DURATION AND WITHDRAWAL
1. This Treaty shall have an unlimited duration.
2. Any State party may withdraw from this Treaty in the exercise of its national sovereignty. To do so, it shall notify the Depositary, who shall inform all other States Parties thereof. The notification of the withdrawal may include an explanation of the reasons for the withdrawal. The withdrawal shall take effect 90 days after the date on which the Depositary receives notification of the withdrawal, unless a later date is indicated in it.
3. The withdrawal shall not exempt any State from the obligations incumbent upon it under this Treaty as long as it was party to it, including the financial obligations that were attributable to it.
1. At the time of signature, ratification, acceptance, approval or accession, each State may make reservations, unless these are incompatible with the object and purpose of this Treaty.
2. A State party may withdraw its reservation at any time by means of a notification to the Depositary.
ARTICLE 26. RELATIONSHIP TO OTHER INTERNATIONAL AGREEMENTS
l. The application of this Treaty shall be without prejudice to the obligations entered into by the States in respect of existing or future international agreements in which they are parties, where such obligations are compatible with the present Treaty. Treaty.
2. This Treaty may not be invoked as an argument for the annulment of defence cooperation agreements concluded by States parties to it.
The Secretary-General of the United Nations shall be the Depositary of this Treaty.
The original text of this Treaty, whose versions in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the Secretary-General of the United Nations.
Made in New York on April 2, two thousand thirteen.
THE UNDERSIGNED COORDINATOR OF THE INTERNAL WORKING GROUP OF TREATIES OF THE DIRECTORATE OF INTERNATIONAL LEGAL AFFAIRS OF THE MINISTRY OF FOREIGN RELATIONS OF THE REPUBLIC OF COLOMBIA
CERTIFIES:
That the reproduction of the text above is a faithful and complete copy of the United Nations certified copy of the text of the "Arms Trade Treaty", adopted by the United Nations General Assembly. by Resolution 67/234 B of 2 April 2013 and signed in New York City on 24 September 2013, a document which is based on the files of the Internal Working Group of the Treaties of the Directorate for International Legal Affairs This Ministry.
Dada en Bogotá, D. C., a 25 de abril de 2014.
The Treaty Work Internal Group Coordinator,
MARIA ALEJANDRA ENCINALES JARAMILLO.
Honorable Senators and Representatives:
On behalf of the national government and in compliance with the provisions of articles 150, numeral 16; 189, numeral 2; and 224 of the Political Constitution of Colombia, we present to the honorable Congress of the Republic the bill, by means of which the " Treaty on Arms Trade ", adopted by the United Nations General Assembly by Resolution number 67/234 B of 2 April 2013 and signed in New York City on 24 September 2013.
Previous Considerations/Background.
Colombia is a country affected by the problem of the illicit trafficking of small arms, light weapons, ammunition and explosives and its connection with other phenomena such as the global problem of drugs, terrorism, common and organized crime, among other crimes.
Therefore our country has led the treatment of these phenomena at global, regional and sub-regional levels under the following precepts:
1. The criminalization of illegal transport and illicit trafficking of small arms and light weapons.
2. Inter-institutional and international cooperation; and
3. The inclusion of the ban on the transfer of arms to non-state actors.
With these objectives in mind, Colombia actively participated throughout the negotiation process of the Arms Trade Treaty (ATT), which began in 2006, with the Resolution number 61 of 1989. United Nations General Assembly. This resolution requested the Secretary-General of that Organization to seek the opinion of the States on the feasibility, the scope and the parameters for establishing a binding agreement on arms trade, to present a report on the subject and establish a Group of Governmental Experts (GEG), which is responsible for examining this topic.
By Resolution number A/64/48, the Group of Governmental Experts was transformed into a Preparatory Committee for a United Nations Conference on the Arms Trade Treaty. The Committee has four times, namely from 12 to 23 July 2010; from 28 February to 4 March 2011; from 11 to 15 July 2011; and from 13 to 17 February 2012. Colombia participated in all the sessions.
The Colombian State demonstrated its leadership during the entire ATT negotiation process, which was proposed by obtaining a binding, balanced and robust treaty. It is important to note that Colombia has made significant contributions to the negotiations, within which they are:
-- Allow real control of the arms trade.
-- Avoid detour of weaponry.
-- Ban the transfer of conventional arms to non-state armed actors.
-- Include small and light weapons, ammunition, parts and components, as a category of conventional weapons.
-- Regular transfers in a broad sense; that is, that all activities related to the chain of arms trade were included: purchase, sale, intermediation, export, import or transfer, brokerage, diversion, registration, financing, etc.
-- Include the principle of non-discrimination, that is, that decisions under this Treaty are not made with political criteria, and that it does not become a tool or excuse to veto the sale of arms to a state.
-- Establish a positive dialogue between the exporting, importing and transit states.
The postulates described above were the waste for the participation of Colombia during the two Conferences concerning the Arms Trade Treaty, held in New York, from 2 to 27 July 2012 and from 18 to 28 March. of 2013. During the last Conference the draft of Decision No A/CONF.217/2013/L3 was presented, in which the text of the Treaty was adopted; however, no consensus was reached to accept the text presented, as Iran, Syria and North Korea objected to that decision.
For the above, and taking into account the impossibility of adopting a text of the Treaty by consensus, on April 2, 2013, the resolution was presented to the United Nations General Assembly entitled: "Treaty on Trade ", by which the"Arms Trade Treaty ", contained in Annex A/CONF.217/2013/L. 3, was adopted. Likewise, a call was made to all States to sign and to become Parties of the ATT as soon as possible. This resolution was co-sponsored by 64 states, including Colombia, and passed by 154 votes, 23 abstentions, and 3 votes against.
In the framework of the General Assembly session in which this resolution was presented, two joint interventions were carried out: a general, in charge of Mexico, and co-sponsored by 89 states, including Colombia, in which it was pointed out that the implementation of the ATT will make a real difference for people, as it increases transparency and strengthens accountability, making relevant information available; and another intervention, pronounced by Colombia, on behalf of the Group of Friends of Latin America and the Caribbean (Bahamas, Belize, Chile, Colombia, El Salvador, Guatemala, Jamaica, Mexico, Peru, Trinidad and Tobago, and Uruguay), in which the importance of the text produced was highlighted, since a common international regime is created to regulate the trade in arms and provides for the the opportunity to develop a more robust control regime in the future by allowing the possibility of amendments.
It is pertinent to note that Colombia achieved the inclusion of several important aspects for the country, namely:
1. The provisions to be observed by States Parties to regulate the possible transfers of small arms and light weapons.
2. Articles on ammunition, parts and components, in a broad sense, bearing in mind that they are fundamental to the control of the arms trade.
3. The invitation to States to take measures to prevent diversion to unauthorized users or end uses, including individuals who commit terrorist acts; this is a matter of particular national interest.
4. The obligation to regulate the transit or transhipment of conventional weapons.
The Treaty was opened to the signature of the States on June 3, 2013 and with the approval of the national entities competent in the matter, the President of the Republic, Juan Manuel Santos, signed the "on Trade in Arms ", on 24 September 2013, in the framework of the 68th General Assembly of the United Nations.
Treaty Importance
The adoption of the text of the Treaty has been described as one of the most important recent achievements of the United Nations, because, until then, there was no legally binding instrument governing international trade in the weapons, which will guarantee responsible transfers and prevent the diversion of them to the illicit market. The ATT provides for controls on exports, imports, as well as for the transit or transhipment and the intermediation of the artifacts considered as conventional weapons.
This gap in international law in the field contributed to the fact that weapons that were legally purchased will be diverted to the illicit market, contributing to increasing violence in many countries around the world, including Colombia.
The ATT becomes a big step forward for states that, like Colombia, are particularly affected by the use of small arms and light weapons, since this type of weapons is incorporated as a category of conventional weapons, which is what we are saying. does not occur in any other of the United Nations instruments in this field.
It is positive that the ATT includes a chapter on ammunition and other parts and components, which reflects a significant advance in the fight against illicit trafficking in small arms and light weapons, recognizing the central role of the ATT. of these in illicit trafficking and as facilitators of the violence that so much human suffering has generated.
Additionally, one of the central achievements of this Treaty is the prohibition of transfers of conventional arms when they may violate relevant obligations of States, including those related to the treaties on Human Rights. Human and International Humanitarian Law. With this instrument, the States Parties undertake not to carry out arms exports that may be used for the commission of genocide, crimes against humanity or war crimes.
It should be noted that, although it is a treaty on arms trade, it cannot be known that the implications of its implementation are closely related to the humanitarian impact that the lack of regulation of the transfers of weapons has caused. In this sense, the ATT is constituted as a measure of confidence building, since it urges States Parties to report key information that will be useful for the effective implementation of the TAT.
In the same way, it is worth mentioning the important role that international cooperation and assistance play in the implementation of this Treaty; for the first time, a legally binding instrument encourages States Parties to exchange information on their exports so that the States of destination and transit or transhipment can have sufficient elements to take the necessary measures to prevent a possible diversion of purchased weapons on the market.
Another of the ATT's core elements is related to its possibilities for updating in the future, since it provides for the consideration of amendments in the Conference of States Parties, a mechanism that will not only be responsible for monitoring the implementation of the Treaty, but also to review it in the light of developments in the field of conventional weapons.
That is why the Secretary-General of the United Nations has called on all States to sign and become a party to the ATT as soon as possible. To date, 118 States have signed the ATT-including Colombia-and 31 have ratified it; namely: Albania, Antigua and Barbuda, Bulgaria, Costa Rica, Croatia, Denmark, El Salvador, Estonia, Finland, France, Germany, Grenada, Guyana, Hungary, Iceland, Ireland, Italy, Latvia, Mali, Malta, Mexico, Nigeria, Norway, Panama, Romania, Slovakia, Slovenia, Spain, Macedonia, Trinidad and Tobago, United Kingdom. The ATT shall enter into force ninety (90) days after the deposit of the fiftieth (50) instrument of ratification.
Colombia's position in international forums
The approval of the ATT has great significance for Colombia. The President of the Republic, Juan Manuel Santos Calderón, during the CELAC-European Union Summit, held in Santiago de Chile on 26 and 27 January 2013, highlighted the need to seek greater control of the arms trade and to study new alternatives for effective regulation: "Weapons, such as drugs, are generating increasing problems of violence in our societies"[1], the President assured.
Likewise, in the framework of the Second CELAC Summit, which was held in Havana, Cuba, on 28 and 29 January 2014, Document 3.24 -Draft Special Declaration on the Illicit Traffic in Small and Light Weapons in All-was presented. its Aspects in Latin America and the Caribbean, in which the following mention was made of the "TreatyArms Trade": "note the adoption of the Arms Trade Treaty by the Assembly. UN General. We hope that this first legally binding instrument on arms trade can contribute to an effective response to the serious consequences that illicit trafficking and unregulated arms trade presents to non-state actors or to non-state actors. unauthorized users, often linked to transnational organized crime and drug trafficking. We also hope that this treaty can contribute to the prevention of armed conflicts, armed violence and violations of international law, including international human rights instruments and international law. humanitarian. At the same time, in anticipation of the entry into force of this Treaty, we call for the treaty to be applied in a balanced, transparent and objective manner and to respect the sovereign right of all States to guarantee their legitimate rights. defence, in accordance with Article 51 of the Charter of the United Nations.
Non-governmental organizations, such as Amnesty International, welcomed Colombia as one of the 154 UN member states that voted for the adoption of the ATT resolution, noting that, through co-sponsorship of the resolution, Colombia demonstrated greater commitment to achieving a treaty. Likewise, Amnesty International has stated that "welcomes the fact that ATT has the real potential to reduce serious human rights violations and humanitarian law". The achievements of the ATT will only be achieved if the treaty is implemented in an easy and quick way, hence the need for states to ratify the treaty so that it enters into force as soon as possible ".
The Secretary-General of the United Nations, Ban Ki-moon, in communication of 28 January 2014, addressed to the President of the Republic, stressed that the ATT is the first treaty negotiated at the United Nations to regulate trade in conventional weapons. He said he hoped that with this treaty, the perpetrators, perpetrators of human rights abuses, pirates, criminal gangs, terrorists and traffickers would find it more difficult to obtain weapons and ammunition. will meet the aspirations of millions of people who suffer the consequences of armed conflict, repression and gun violence.
Treaty relevance at the national level
With regard to Human Rights and International Humanitarian Law, the international regulation of the arms trade is of paramount importance in order to prevent them from being diverted to illegal armed groups. war crimes and crimes against humanity.
As is well known, the protection of the civilian population from the effects of armed conflicts is a matter of special relevance for our country, as it has had to confront illegal armed groups for about five decades. War strategies openly violate humanitarian law, with the commission of acts constituting forced recruitment[2] and sexual violence[3].
Given the above, Colombia has the priority to ensure the prohibitions on transfers to non-state armed actors regarding small arms and light weapons, ammunition and explosives. In addition, it aims to cover all related activities, such as the purchase, sale, intermediation, financing, transportation, among others.
In this order of ideas, a treaty of this nature will become a tool for the protection of the Colombian population, in addition to making it easier for the government to comply with international obligations regarding protection of the population. civilians[4], children[5] and women[6] in the context of armed conflict, in accordance with international instruments ratified in the field[7], and the requirements of the Security Council in the resolutions adopted.
On the other hand, it is important to point out the C-867 Statement of 2010, the Constitutional Court considered that between the control of arms and the protection of constitutional rights and freedoms, in particular Life and personal integrity, there is a clear relationship. In this regard, the Court raised the following question: "(...) according to existing statistics, it is possible to maintain that the carrying of arms promotes violence, aggravates the consequences of social clashes and introduces a a factor of inequality in relationships between individuals that is rarely used to strengthen economic, political or social powers. That is why permits for the carrying of weapons can only take place in exceptional cases. This is, when all the other possibilities of legitimate defence that the legal order provides for citizens have been ruled out. "
In this sense, following the study of light weapons, it is emphasized that "play a preponderant role in violent deaths in Colombia. In historical terms, almost 4 out of every 5 homicides committed in the country involve firearms, and this trend has remained, even despite the notable reduction in the homicide rate recorded in recent years. In this way, while 28,534 homicides were filed in 2002 and in 2008 this figure was reduced to 15,251-the lowest in 30 years-the proportion of homicides developed with firearms was reduced from 84.1% to 70.9% in the same period. period "[8].
Consequently, it is important to point out that for the year 2012, the State was seized by administrative act and judicial judgment in firm and executed 75,213 firearms; for the year 2013 they were seized in favor of the State by act administrative and judicial sentencing in firm and executed 44,139 firearms. It is important to bear in mind that these figures correspond to the total of firearms that entered the Confiscated Armament Warehouse of the Department Control Arms Trade, Ammunition and Explosives, which are subject to the selection process. for foundry or transfer to the Forces or are assigned to the Office of the Prosecutor General of the Nation or other armed official bodies of permanent character[9].
On the other hand, it is considered of vital importance that our country is a guarantor in the fight against the illicit trafficking of small arms and light weapons, as this contributes to peace and national security. For this reason, it is said that the establishment of common international standards on arms trade is of particular importance for the country to accede to cooperation, international assistance and exchange of information.
It is important to note that ATT creates benefits and channels of communication for the exchange of information, control and trade in arms. As a result, this Treaty allows for the monitoring and tracing of the arms movement, in order to counteract the illegal trafficking of weapons and the diversion of war material to the criminal organizations. Similarly, the ATT is in the country's interest, bearing in mind that Colombia is the victim of illicit trafficking in firearms, ammunition and explosives, and that this instrument allows for greater trust and security among the states. "
In the same way, it is important to recognize that the manufacture, trafficking and carrying of firearms or ammunition has become one of the most common crimes in the country, perhaps the most frequent of recurrence according to the data obtained from the Integral Systematization of the Prison and Prison System (Sisipec) in charge of the Prison and Prison Institute (Inpec), in which it appears that the most recurrent criminal modalities of the population of inmates in seclusion until 28 February 2014 are as follows:
1. Shoplifting-Total syndicated and convicted 30,340, that is 17.24%.
2. Homicide-Total syndicated and convicted 29,321, that is, 16.67%.
3. Manufacture, traffic and transport of firearms or ammunition-Total syndicated and sentenced to 25,778, i.e. 14.65%.
4. Manufacture, traffic and transport of weapons and ammunition for the private use of the Armed Forces-" Total syndicated and condemned 3,771, that is, 2.14%.
5. Manufacture, traffic, transport or possession of firearms, accessories, parts or ammunition-Total syndicated and convicted 2,290, that is, 1.30%.
So that if all the criminal modalities related to the manufacture, trafficking and carrying of weapons are added, it is concluded that this criminal modality is the most recurrent in the population of inmates in prisons above (a) from the theft, homicide and trafficking, manufacture and transport of narcotic drugs. This argument validates for itself the convenience and urgency of the entry into force of an instrument such as the ATT to limit and restrict the access of conventional weapons to the inhabitants of the country and non-state actors operating outside the country. the law.
In conclusion, the ratification of the TAT as well as important is urgent, in so far as it allows the most transparency to be given to the chain of arms trade at all stages, allowing the identification and control of the legal weapons not being used. they lose in labyrinths that end up feeding the illegal arms trade, with which our country is widely affected. In addition, the ATT referred to will contribute to the consolidation of peace as an axiological framework.
Treaty structure and content
In accordance with the provisions of the ATT Preamble on Arms Trade, the States alluded, inter alia, to the following reasons for consistent, objective and non-discriminatory application of the Treaty:
1. The need to prevent and eliminate the illicit trafficking of conventional weapons and to prevent their diversion to the illicit market or to unauthorized uses or end users, in particular for the commission of terrorist acts.
2. The legitimate political, economic, commercial and security interests of the States in relation to the international trade in conventional arms, and
3. The social, economic, humanitarian and security consequences arising from the illicit and unregulated trafficking of conventional weapons.
The above, taking into account the responsibility of all States to effectively regulate international trade in conventional weapons and to prevent their diversion, as well as respect for the sovereign interests of States to acquire arms conventional to exercise their right to legitimate defense.
The ATT has a preamble, principles, and 28 articles. The purpose of this Treaty is to:
-" Establish common international standards as stringent as possible to regulate or improve the regulation of international trade in conventional weapons.
-Prevent and eliminate illicit trafficking of conventional weapons and prevent their diversion.
For the purpose of:
-Contribute to peace, security and stability at regional and international level.
-Reduce human suffering.
-Promote the cooperation, transparency and responsible actions of States Parties in the international trade in conventional arms, thereby fostering trust among them "[10].
In accordance with the provisions of the Treaty, specific obligations are laid down for both arms exporting states and importers which will apply to all conventional weapons covered by the following provisions: categories: combat cars; armored combat vehicles; large-caliber artillery systems; combat aircraft; attack helicopters; warships, missiles and missile launchers; and small arms and light weapons (article 2o). One of the important achievements of Colombia in the negotiations was the inclusion of small arms and light weapons in the scope of the Treaty.
Likewise, the ATT provides for the obligation to establish and maintain a national control system to regulate the export of parts and components, of ammunition fired, launched or propelled by conventional weapons, as well as to elaborate a national control list to implement the provisions of the Treaty.
In relation to the prohibitions, in Article 6o of the ATT it is established that a State Party will not authorize any transfer of conventional weapons, in the following situations:
-- If the transfer is a violation of the obligations incumbent upon the State under the measures adopted by the United Nations Security Council acting in accordance with Chapter VII of the Charter of Nations United, in particular arms embargoes.
-- If the transfer is a violation of its relevant international obligations under international agreements in which it is a party, especially those relating to international transfer or illicit arms trafficking conventional.
-- If at the time of the authorization is aware that the weapons or elements could be used to commit genocide, crimes against humanity, serious violations of the Geneva Conventions of 1949, targeted attacks on property of civil or protected civil persons, or other war crimes established in the international agreements in which it is a party.
With respect to export and export assessment, Article 7o stipulates that if export is not prohibited under Article 6o, each State Party exporter, before authorizing export under its jurisdiction of arms It shall assess, in an objective and non-discriminatory manner, taking into account the relevant factors, including information provided by the importing State, whether conventional weapons or elements could contribute to peace and security or damage them; or be used to commit or facilitate:
-- A serious violation of International Humanitarian Law.
-- A serious violation of international human rights law.
-- An act constituting a crime under the international conventions or protocols relating to terrorism in which the exporting State is a party, or
-- An act constituting a crime under the international conventions or protocols relating to transnational organized crime in which the exporting State is a party.
If, once this assessment has been carried out and the mitigation measures available are examined, the exporting State Party determines that there is a clear risk of any negative consequences, such as that of the non-member State concerned. authorize the export.
With regard to the import of arms, Article 8 provides that each importing State:
-- Take measures to provide, in accordance with its national laws, appropriate and relevant information to the exporting State Party so request in order to assist it in carrying out its national export assessment. Such measures may include the provision of documentation on end users or uses.
-- Take measures that will allow you to regulate, where applicable, imports under your jurisdiction of conventional weapons. Such measures may include import systems.
-- You may request information from the exporting Party State in respect of pending or already granted export authorizations in which the importing State Party is the country of final destination.
In the same way, the ATT establishes specific obligations in relation to the transit or transhipment issue (Article 9), brokering (Article 10) and diversion (Article 11). On this last point, it is important to highlight the obligation of each State Party to participate in a transfer of conventional arms to take measures to prevent its diversion through its national control system. This will assess the risk of diversion of exports and will examine possibility of establishing mitigation measures, such as confidence-building measures or programmes developed and agreed jointly by the Commission. the exporting and importing States ".
Finally, it is highlighted that the ATT provides for specific obligations in relation to the subject of registration and regular reporting, in accordance with Article 13.
For the above considerations, the national government, through the Minister of Foreign Affairs and the Minister of National Defense, requests the Honorable Congress of the Republic to approve the " TreatyTrade in Weapons ", adopted by the United Nations General Assembly by Resolution number 67/234 B of 2 April 2013 and signed in New York City on 24 September 2013.
Of the honorable Senators and Representatives,
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., May 14, 2014
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
(FDO.) MARIA ANGELA HOLGUIN HANG.
DECRETA:
ARTICLE 1o. Approve the "Arms Trade Treaty", adopted by the United Nations General Assembly by Resolution number 67/234 B of 2 April 2013 and subscribed in New York City, on September 24, 2013.
ARTICLE 2o. In accordance with the provisions of Article 1 or the 7th Act of 1944, the "Treaty on Arms Trade", adopted by the United Nations General Assembly by Resolution number 67/234 B of 2 April 2013 and signed in New York City on 24 September 2013, which is hereby approved by Article 1 of this Law, shall be binding on the Republic of Colombia from the date on which the international link with respect to the same.
ARTICLE 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a los
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of National Defense.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., May 14, 2014
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
(FDO.) MARIA ANGELA HOLGUIN HANG.
DECRETA:
ARTICLE 1o. Approve the "Arms Trade Treaty", adopted by the United Nations General Assembly by Resolution number 67/234 B of 2 April 2013 and subscribed in New York City, on September 24, 2013.
ARTICLE 2o. In accordance with the provisions of Article 1 or the 7th Act of 1944, the "Treaty on Arms Trade", adopted by the United Nations General Assembly by Resolution number 67/234 B of 2 April 2013 and signed in New York City on 24 September 2013, which is hereby approved by Article 1 of this Law, shall be binding on the Republic of Colombia from the date on which the international link with respect to the same.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
LUIS FERNANDO VELASCO CHAVES.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
ALFREDO RAFAEL DELÚQUE ZULETA.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and Meet
Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., a 20 de mayo de 2016.
JUAN MANUEL SANTOS CALDERÓN
The Deputy Foreign Minister of the Ministry of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
PATTI LONDONO JARAMILLO.
The Minister of National Defense,
LUIS CARLOS VILLEGAS ECHEVERRI.
* * *
1 Available at: http://www.cancilleria.gov.co/newsroom/news/colombia-celebra-la-aprobacion-la-onu--on-trade-arms-arms.
2 Report of the Secretary-General of the United Nations on Children in Armed Conflict, A/67/845-S/2013/245 of May 15, 2013.
3 Report of the Secretary-General of the United Nations on Sexual Violence in Conflict, A/67/792-S/2013/149 of 14 March 2013.
4 Security Council resolutions 1265 (1999), 1296 (2000), 1325 (2000), 1612 (2005), 1674 (2006), 1738 (2006), 1820 (2008), 1882 (2009), 1888 (2009), 1889 (2009) and 1894 (2009).
5 Security Council Resolutions 1261 (1999), 1296 (2000), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1882 (2009), 1998 (2011), 2068 (2012).
6 Security Council Resolutions 1325 of 2000, which has been supplemented by Resolutions 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013).
7 Four Geneva Conventions and their Additional Protocols I and II.
8 Urrutia, Nicolas and others. UNVIRSITEI GENT/KIMGDUM OF BELGIUM /FOUNDATION IDEAS FOR PAZ/ Study: Tracing of Arms. "Perspectives on the control, trafficking and use of illegal weapons in Colombia", page 7. (2009).
9 Source: National Report of the United Nations Program of Action on Small and Light Weapons (2014).
10 "Trade Treaty" adopted by the United Nations General Assembly by Resolution number 67/234 B of 2 April 2013 and signed in New York City on 24 September 2013. Article 1o.
