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Pakistan is unlikely to agree to the Arms Trade Treaty (ATT), in its present format, as Ministry of Foreign Affairs argues that linking of arms transfers with human rights criteria may have severe implications for Pakistan and may be politically abused, sources told Business Recorder.
The first meeting of inter-ministerial meeting of experts' group on conventional arms was chaired by Director, Disarmament, in the Ministry of Foreign Affairs on May 12, 2011.
As per decisions of the senior level Inter-Ministerial meeting on Arms Trade Treaty held in Ministry of Foreign Affairs on February 3, 2011 an expert group was established at the level of Deputy Secretaries or Directors of all relevant Ministries.
The mandate of the expert group was to discuss in detail all relevant issues concerning conventional arms ie Arms Trade Treaty, UN Program of action on small arms and light weapons, international tracing instrument, UN firearms protocol and to evolve recommendations for the consideration of senior level inter-ministerial group on conventional arms.
The meeting considered developments relating to the negotiation process with regard to the Arms Trade Treaty, activate the inter-ministerial consultation process on UN Fire Arms protocol, consider measures for effective compliance with UNPoA and UN Arms register. The group also deliberated on existing regulations and procedures in Pakistan concerning export/import, production and licensing of all types of conventional weapons.
Director,(Disarmament, Khalil Hashmi, in his arguments said that linking of arms transfers with human rights criteria may have severe implications for Pakistan and can be politically abused.
"We may be denied arms, as well as technology. The eventual shape of Arms Trade Treaty is not clear yet," he added.
He said that the Chairman of PrepCom has circulated a draft but considerable effort will be needed to formulate a viable and pragmatic treaty. Pakistan believes that along with the criteria of transfer of arms, scope of treaty must also extend to production of weapons and their reduction.
After opening remarks Director (Dsmt) further pointed out that before ATT comes into force, the government needs to concentrate and improve its internal procedures on arms transfers and regulations. According to him, there are issues relating to possession, licensing and illegal manufacturing i n Dara Adam Khel and Peshawar which need to be improved/addressed.
The Ministry of Industries representative briefed the group on the initiative to regularise illegal arms production in Dara Adam Khel and Peshawar. After a detailed survey of the country, Industries Ministry decided to establish Pakistan Hunting and Sporting Arms Development Company (PHSADC) with public-private partnership. The objective of the company was to integrate private unauthorised weapon producing establishments in Dara and Peshawar into the state regulations.
PHSADC representative added that there were almost 200 illegal weapon manufacturing units in Dara and approximately 39 private unauthorised units in Peshawar.
According to him, Industries Ministry planned its strategy on training, technology transfer, incentives collaboration, exhibitions. The Ministry has also undertaken efforts to engage interested units to produce hunting and sporting weapons instead of assault rifles. These Units are briefed about licensing and export procedures of the country.
MoI representative enquired about the licensing of arms manufacturers in this proposed industrial estate. MoIP representative responded that KP Governor has assured assistance in this regard.
Director, Disarmament, suggested that details along with precise recommendations on the project proposal to integrate weapon manufacturers may be tabled before senior inter-ministerial group who can deliberate on it and consider making appropriate recommendations to the federal government.
MoI requested Ministry of Interior to expedite a pending proposal that arms licences to private security companies may be made conditional upon purchasing of arms from local manufacturers.
Ministry of Defence Production (MoDP) representative apprised the group that standardised forms for application for export license and end user certificate has been finalised. MoDP was requested to share these forms with inter-ministerial expert group on conventional arms for inputs and comments.
MoDP representative said that Statutory Regulatory Order (SRO) streamlining the export procedure is under development and soon it will be notified in official gazette. This SRO will also incorporate the policy guidelines vis-a-vis the export of arms.
MoDP said that in the past it had also tried to regulate illegal manufacturing units in Dara, had provided workers with technical knowledge, but most of them abandoned the course, with only 3-4 still affiliated with the Ministry.
Director, Disarmament requested the MoDP to consider becoming a focal point for reporting on international tracing instrument. MoDP may collect necessary data from the Ministry of Interior and others for the national report.
Law enforcement can import arms only after getting certification from MoDP that such arms are not available within Pakistan, and after producing duly authenticated End User Certificate by that department. Individual civil and military officers can import one non-prohibited weapon for their personal use. Director Disarmament requested Mol to expedite its inputs for UN Arms Register on Conventional Weapons, noting that data from all departments, except Mol, had been received. Mol representative undertook to have it sent soonest possible.
Director Disarmament pointed out that Ministry of Interior may analyse Fire Arms Protocol of UN Convention against trans-national crime and prepare recommendations on whether Pakistan should accede to it or not.
Mol representative responded that an inter-ministerial process was initiated on this subject in 2008. Last meeting was scheduled on 21 March 2011 but could not be held. FIA wing of the Ministry of Interior, which functions under Joint Secretary (Security), is dealing with this subject.
Ministry of Commerce (MoC) representative pointed out that under Import Policy Order, government institutions including law enforcement departments can directly import weapons without prior authorisation by MoC, unless third party was involved.
MoC representative further apprised that currently there are 464 registered commercial importers; the maximum annual ceiling of an individual importer is Rs10 million/annum.
MoC is currently facing the issue of monetary ceiling for importers of arms; this was the only criterion in place.
Joint Staff Headquarters (JSHQ) representatives said that it has already shared data on UN Register on Conventional Arms. For in-depth discussion on the draft of ATT, Law Division must also be on board. All issues are inter-related, apart from signing ATT regulation of import and export procedure will benefit the country in the long run.
GHQ MO Dte emphasised the need for regular consultation to evolve a strategy on ATT.
The representative of Ministry of Foreign Affairs apprised the meeting that it has drafted the political guidelines including elements of criteria to assess requests for exports of all types of conventional weapons from Pakistan. Political guidelines are in the process of internal approval. After such approval, the draft will be placed before inter-Ministerial Group for further inputs and recommendations. Thereafter these guidelines could be published.
It would lead the negotiating process on Arms Trade Treaty and would be assisted by relevant Ministries/Departments to protect Pakistan's interests.

Copyright Business Recorder, 2011

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