[UN Human Rights Council] Italy urged to increase transparency and accountability for arms exports in new report
Published 16 September 2024
United Nations Human Rights Council
A new stakeholder report for the United Nations Human Rights Council by the Asser Institute and Global Rights Compliance urges Italy to ensure its arms export laws comply with international standards and prevent human rights abuses.
Recently, researchers from the Asser Institute, in collaboration with Global Rights Compliance (GRC), submitted a stakeholder contribution to the fourth cycle of the Universal Periodic Review (UPR) concerning Italy’s arms export practices. The UPR is a process carried out by the United Nations (UN) Human Rights Council, which evaluates the human rights record of each UN member state every four and a half years. Prepared in the context of the project ‘Enabling Civil Society Efforts to Address the Misuse, Diversion and Abuse of Arms Exports in Latin America’, the submission highlights the impact of Italian weapons transfers on human rights.
Italy is currently debating a bill to amend its legal framework governing the export, import and transit of armament materials. The reform aims to modernise the Italian weapons export regime and ensure that it can readily respond to the ever-changing international security landscape. By eliminating interpretative uncertainties, simplifying transfer operations, and streamlining decision-making processes, the initiative looks to equip Italian authorities with the tools and capabilities to reduce the risk of arms trafficking.
Four recommendations
The Asser Institute and GRC submission provides four recommendations. First, Italy should ensure that the proposed initiative to amend its arms export regime is aligned with obligations under the Arms Trade Treaty. The adopted text should promote transparency, boost data collection, and emphasise the role of human rights risk assessments to prevent arms transfers which could be used to commit violations of international human rights law and international humanitarian law. It should also address the risks of diversion and implement post-delivery verifications.
Second, Italy should ensure that the export of both small arms and weapons of medium and large calibre is subject to thorough risk assessments. The authorisation should be granted by the national government, at the ministerial level, and be augmented by officials and non-governmental experts who possess the technical knowledge and capacity to assess the risks associated with their transfer.
Third, Italy should ensure that business entities and their subsidiaries abide by the UN Guiding Principles on Business and Human Rights, and, accordingly, report on the potential adverse human rights impacts of their operations. In this spirit, Italian arms companies should undertake human rights due diligence relating to their products’ manufacture, marketing, transport, storage, transfer and use.
Lastly, Italy should continue allowing civil society organisations to submit reports regarding the human rights situation in recipient states for the consideration of governmental bodies charged with issuing arms export authorisations and licenses.
Increasing transparency and accountability
According to Asser Institute researcher León Castellanos-Jankiewicz, the recommendations are aimed at increasing the transparency and accountability of decisions leading to arms exports. Castellanos-Jankiewicz: “The proposals seek to incorporate human rights due diligence in the decision-making process regarding arms exports while harnessing relevant expertise. It is important to prevent decision-makers from being insulated from relevant sources of information and ensure participation of various stakeholders in the export risk assessment process, including civil society.”
The recommendations will be presented to Italy in January 2025, during the next phase of the UPR process. At that time, Italy will have the opportunity to consider and respond to these suggestions in the context of an interactive dialogue hosted by the Human Rights Council’s UPR Working Group.
See the full submission here.
This project aims to enable civil society in Latin America to address the misuse, diversion and abuse of arms exports through rigorous documentation and investigation of supply chains, human rights training and advocacy with government and industry stakeholders. For this project, the Asser Institute has partnered with Global Rights Compliance and the Center for Advanced Defence Studies (C4ADS), as well as with Diálogos and Fundación Myrna Mack, two Guatemalan civil society organizations focusing on security policy and human rights. At the Asser Institute, the project is led by senior researcher León Castellanos-Jankiewicz.
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