Strict control on small arms urgent

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".