Strict control on small arms urgent

Ivan A. Hadar, President, Indonesian Institute for Democracy Education (IDE), Jakarta

Over the last few years, Indonesia has been extensively stricken by conflict. All these conflicts, although rooted in social-economic-political-cultural injustice, eventually became multidimensional.

And in some of the country's conflicts, small arms (firearms, handguns, light weapons) have played a significant role. Small arms spread through society via three main channels: Diversions from weapons stocks owned by the government; from homemade firearms workshops and smuggling.

Today it is estimated that at least 55 percent of the total number of small arms in circulation worldwide (550 million) are privately licensed firearms (Small Arms Survey, 2001). Each year, some 500,000 people are killed by small arms; 84 percent of them are civilians, mostly women and children.

The precise figure of the number of firearms in circulation in Indonesia is difficult to get, although arms proliferation has gone up sharply since the fall of the New Order regime. Various reports from conflict areas show a dramatic increase in the number of gun shot victims over the last few years.

As a consequence of the conflict in Maluku, some 4,000 people were killed and at least 8,000 were wounded. Eighty percent of those killed were believed to have died of gun shot wounds. In Maluku, during a few weeks of violence, the number of killed reached 2,083. This was possible only because firearms replaced "traditional killing tools": knives, spears and arrows.

The number of firearms in circulation is estimated to exceed official numbers. Beside organic weapons owned by the military and police, there are also many homemade firearms that have improved in quality over time. Therefore, improving the regulation system has become a must.

Indonesia has only one domestic small arms manufacturer, PT Pindad, which produces small arms, light weapons and ammunition. Pindad took over its existing production facilities from the Indonesia Military in 1983. Production falls into two categories, military and nonmilitary.

All military production is controlled by the Ministry of Defense and all nonmilitary production is controlled by the National Police. Most of Pindad's production goes toward supplying Indonesia's military, police and forest patrols, although some production is for domestic civilian use as well as for export. Besides PT Pindad, there are eight other authorized importers and suppliers.

Indonesia has a regulation on firearms (No. 12/1951), which provides a maximum punishment of death for illicit arms trafficking. Manufacturing arms without a license is also strictly prohibited in Indonesia.

The manufacturing of arms falls under the direct control of the Ministry of Defense and the police, even if the factory is privately operated. However, various reports have uncovered the involvement of "insiders" in the illegal firearms and explosives trade. Consistent law enforcement is still far from people's expectations. Therefore, stricter regulations and implementation at all levels is necessary.

First, a stricter regulation governing the licensing of small arms for the personal use of individuals residing within the country. According to the United Nations International Study on Firearm Regulations (1998), as part of the application process a country has to require proof of identity, references, training certification, the payment of fees, a photograph, a mental health exam and information on proposed storage of the firearm, as well as a background check for a criminal or domestic violence record.

These requirements could thus be considered the norm for domestic firearm licensing worldwide.

Second, the marking of small arms with a unique identifier, such as a serial number along with a country and/or manufacturer's code, is considered an essential element in controlling their proliferation.

Third, the regulation on the storage and packing of small arms, ammunition and explosives is important, not only for safety reasons but also to ensure secure stockpile management. Inadequate stockpile management can result in theft, a loss of inventory due to corruption and a lack of baseline data. This issue is frequently overlooked, as reflected in the fact that it is mentioned in the law, but then primarily in relation to nongovernmental holdings.

In fact, security regulations for governmental holdings of small arms and ammunition here are not covered in the regulation. Indonesia regulates, to some degree, the storage of small arms and ammunition (UN, 1999c).

Forth, without carefully planned postconflict demobilization and reintegration, the risk of small arms remaining in circulation -- whether in the possession of ex-combatants/militia or in the black market -- is high. Even though Indonesia is facing or has faced armed insurgencies, no laws or regulations pertaining to the demobilization and reintegration of ex- combatants are found.

We could learn from other members of the Association of Southeast Asian Nations (ASEAN). There are four countries in the region (Cambodia, Malaysia, the Philippines and Thailand) that have made provisions for the collection and destruction of weapons, with or without compensation.

For instance, both the Philippines and Cambodia provide compensation to individuals turning over weapons. A collection program conducted in the state of Sarawak in Malaysia compensated owners for licensed arms handed over to the authorities.

Fifth, to ensure maximum effect and prevent possible loopholes, exemptions to national arms control laws and regulations should be kept to a minimum.

Exemptions provided for in the country's legislation include: members of the armed forces and the police in the performance of their duties; licensed dealers, repairers, manufacturers and traders of arms and ammunition and their employees, in the conduct of business; and the manufacture, possession, use, storage, sale, transport, import, or export of arms and explosives by government order.

The success in fighting small arms proliferation depends more or less on the quality of the cooperation among the related parties at the national level (among various law enforcers and society), the regional level (ASEAN, Asia Pacific), including closer regional cooperation on customs, police, border controls, and the international level (various institutions, e.g. the UN, and also license holder and small arms exporting countries). All this is a must.

Although these problems cannot be solved by each individual country, or even by regional groups of countries, the responsibility of controlling the proliferation of small arms lies with the individual countries.

Prevention is essential, before the next conflict breaks out and small arms are like "gasoline sprinkled onto the flame".