Tools of Torture and Repression in South America establishment of effective import, export and transit licensing systems. Although much of the law enforcement equipment mentioned in the previous section could be interpreted to be covered by the Convention, this depends on states interpreting the definitions set out in Article 1 of the Convention to include less lethal weapons, such as chemical irritant grenades and ammunition, kinetic impact ammunition and the firearms and launchers used to fire them. Deciding which weapons are covered under CIFTA should not be left open to interpretation and the Organisation of American States should clarify exactly what types of equipment are covered. Furthermore, much law enforcement equipment including restraints, chemical irritants dispensed via aerosol sprayers, striking weapons, electric discharge weapons and water cannon fall outside the definitions provided. Mercosur The Common Market of the South – Mercado Común del Sur (Mercosur) – is a sub-regional bloc whose full members are Argentina, Bolivia, Brazil, Paraguay, Uruguay and Venezuela. Chile, Colombia, Ecuador, Guyana, Peru and Suriname are Associate States. The MERCOSUR Working Group on Firearms and Ammunition (the Working Group) has made efforts to harmonise legislation and customs controls to combat the trafficking of small arms and light weapons. These efforts include the creation of a Joint Register Mechanism of Consumers and Sellers of Firearms, Ammunition, Explosives and Other Related Materials in 1998249 and an agreement for the exchange of information concerning the illicit production and trafficking of firearms, ammunition, explosives and other related materials in 2012.250 The Working Group also seeks to improve implementation of relevant international standards, CIFTA, the UN Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunitions, and the Arms Trade Treaty. Challenges and opportunities While there are efforts at the regional level to stem the illegal flow of firearms and ammunition to non-state actors and criminals, there are several obstacles to putting effective controls in place. These include a culture of secrecy, weak institutional capacity and poor implementation of existing norms.251 One of the tangible consequences of these obstacles is inaccurate reporting by states. A study using data from the UN’s COMTRADE database comparing arms import and export data provided by Latin American countries and their trading partners found that one of the parties either did not have or failed to provide information on 70-80% of transfers.252 Thus far, regional efforts to improve controls have focused on firearms and ammunition. Given the proliferation of illegal firearms and the high homicide rates in many countries in the region, this is understandable. However, it is important not to overlook other law enforcement equipment that is frequently used for torture and other forms of ill-treatment. The use of certain terminology could also pose a challenge. In South America, several regulatory instruments refer to less lethal law enforcement equipment as ‘armas no letales’, which translates as 249 Mercosur/CMC/Dec No 07/98 que aprueba el ‘Mecanismo Conjunto de Registro de Compradores y Vendedores de Armas de Fuego, Municiones, Explosivos y otros Materiales Relacionados para el MERCOSUR’. 250 Mercosur/CMC/Dec No 09/12, ‘Acuerdo entre los Estados Partes del Mercosur y los Estados Asociados para el intercambio de información sobre la fabricación y el tráfico ilícitos de armas de fuego, municiones, explosivos y otros materiales relacionados’. 251 Diego Fleitas Ortiz de Rozas, ‘Fire Fighters: Latin America battles to stem illegal arms flows,’ HIS Jane’s Intelligence Review, January 2016. 252 Diego Fleitas Ortiz de Rozas, El Tráfico de Armas en Latinoamérica, Parte I, Asociación para Políticas Públicas, 2009. 57

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