A/74/969
an exhaustive list would remove valuable flexibility to meet the inte nded end goals
of the initiative.
20. The majority of States 20 also indicated in their submissions that a mechanism
for regular updating would be necessary in order to respond quickly when new goods
that could be used for capital punishment, torture or other forms of ill -treatment
emerged. Mongolia suggested that the lists be updated with recommendations from
experts in human rights, international trade and law enforcement, and practitioners in
chemical and medical fields. Pakistan suggested that such work be guided by
impartial legal, technical, medical and scientific expertise and evidence. In addition,
Paraguay proposed that an updating mechanism should include monitoring of the
manufacture, trade and use of such goods, as well as their transit from one State to
another.
B.
Prohibition and/or control of trade
21. The majority of States 21 agreed that it was necessary to prohibit rather than
merely control trade in goods that have no practical use other than for the purpose of
capital punishment, torture or other forms of ill-treatment. Several States 22
highlighted that exemptions should be provided to allow items of historical
significance to be displayed in a museum. France noted that the European anti -torture
regulation should serve as an example in that regard.
22. Several States 23 indicated in their submissions that control was necessary for
goods that could be used for capital punishment, torture or other forms of ill treatment, although Brazil noted that enforcing such control would be a great
challenge. In the view of Canada, common international standards should include
recommended measures to control trade in those goods, and States should be
responsible for the domestic implementation of their own control list and system, in
accordance with existing multilateral export control regimes. Switzerland suggest ed
that the term “strict control”, as well as the scope of such control, should be clearly
defined.
C.
Import, export and transfer of goods and related activities
23. General Assembly resolution 73/304 covers the import, export and transfer of
goods. A number of other activities, however, are closely associated with, or linked
__________________
20
21
22
23
8/13
Albania, Argentina, Austria, Belgium, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia,
France, Germany, Greece, Indonesia (only in relation to goods used for torture or cruel, inhu man
or degrading treatment or punishment), Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Mexico, Mongolia, Netherlands, Paraguay, Poland, Portugal, Romania, Serbia, Slovakia,
Slovenia, Spain, Sweden and Switzerland.
Albania, Andorra, Austria, Belgium, Brazil, Canada, Croatia, Cyprus, Czechia, Denmark,
Ecuador, Estonia, Finland, France, Germany, Greece, Indonesia (only in relation to goods which
have no practical use other than for the purpose of torture or other cruel, inhuman, or degrading
treatment or punishment), Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico,
Mongolia, Netherlands, New Zealand, Paraguay, Poland, Portugal, Romania, Serbia, Slovakia,
Slovenia, Spain, Sweden, Switzerland and United Kingdom.
Germany, Lithuania, Netherlands, Serbia, Slovakia and United Kingdom.
Albania, Andorra, Austria, Azerbaijan, Belgium, Croatia, Cyprus, Czechia, Denmark, Ecuador,
Estonia, Finland, France, Germany, Greece, Indonesia, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Mongolia, Netherlands, New Zealand, Paraguay, Poland, Portugal,
Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom of Great
Britain and Northern Ireland.
20-10185