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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