– harsh penalties introduced for illicit trafficking of firearms, ammo
– $5M fine plus 10 years imprisonment for anyone convicted

HONOURING obligations under international conventions, to which Guyana is a signatory, the National Assembly last evening created a new offence of ‘trafficking in firearms and ammunition’ with the passage of the Firearms (Amendment) Bill 2013.The Bill was moved for a second reading by Attorney General Anil Nandlall, who pointed out that the legislation introduces harsh penalties for those in breach.
According to the Bill, a person guilty of an offence under the legislation shall be liable on a summary conviction to a fine of $500,000 and five year imprisonment and on conviction or indictment to a fine of $5M and 10 years imprisonment.
“This penalty captures the gravity of this offence…this is of fundamental importance to our country,” Nandlall said.
He acknowledged that the initial penal provision was not harsh enough and did not capture the seriousness which the State ought to attach to the prevalence, destruction socially and economically, as well as frequency of the act in question.

OBLIGATION
He maintained that the international conventions that Guyana has signed on to, devolve an obligation on the nation to ensure passage of legislations like the Firearms (Amendment) Bill.
The AG referenced the Organization of American States’ (OAS) move towards trying to eliminate the deadly trade by adopting the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and other Related Materials – the first legally binding regional agreement on illicit firearms trafficking.
By signing the Convention, signatory states commit to:
* Establishing as criminal offenses the illicit firearms manufacturing and trafficking;
* Setting up and maintaining an effective system of licenses and authorizations for the export, import and transit of firearms;
* Marking firearms at the time of manufacture, and when they are imported;
* Sharing information that is needed by law enforcement officials who are investigating arms trafficking offenses;
* Strengthening controls at export points; and
* Ensuring that law enforcement personnel receive adequate training.
Nandlall acknowledged that through these requirements, the Convention raises regional standards for firearms export controls.
According to the OAS, by creating a mechanism for exchanging information, cooperating on investigations, and ensuring that law enforcement personnel are adequately trained, the convention also increases the regional capacity to identify, investigate and prosecute illicit firearms manufacturers and traffickers.

NEEDED
“I don’t need to make a case out for the wide use of illicit firearms in Guyana,” Nandlall said.
He referenced comments made by Foreign Affairs Minister, Carolyn Rodrigues-Birkett, at a prior sitting, who noted that there are an estimated 2.5 million illicit weapons in circulation within South and Latin America.
The AG, quoting a statement from the OAS, said, “For arms traffickers, the world is a very small place. If the price is right, these criminals have the capacity to move weapons from country to country, or even from continent to continent.”
According to him, examples are plentiful. In January 2001, a West African arms and diamonds dealer emailed a long list of weapons, including sniper rifles, anti-tank weapons, and shoulder-launched surface-to-air missiles, to an Israeli arms dealer operating out of Guatemala.
Nandlall said the Israeli forwarded the request to another Israeli, who forwarded it on to one of his contacts in the Nicaraguan military.
“The weapons were for the West African’s ‘friends in Africa’. The West African had many friends, included the horrifically brutal Revolutionary United Front in Sierra Leone and America’s enemy number one, al Qaeda.
“Fortunately, the deal fell through but not because Nicaragua’s arms export controls were air tight. Less than a year later, the same arms dealer duped the Nicaraguan government into selling them 3000 AK series assault rifles and 2.5 million rounds of ammunition, which he claimed was for the Panamanian National Police.
“Instead, the weapons were shipped via boat to Turbo, Colombia, where they ultimately ended up in the hands of the United Self-Defenses Forces of Colombia (AUC) – a paramilitary organization that is on the State Department’s list of international terrorist organizations.
“In addition to arming terrorists, the illicit trade in small arms and light weapons (SA/LW) fuels internal conflicts which, in turn, breed the lawlessness in which terrorism, drug trafficking and other transnational crime thrives.
“Latin America is a textbook example of the ill effects of this trade. From armed guerrillas and paramilitaries in Colombia to street gangs in El Salvador, illicitly trafficked and manufactured SA/LW contribute to many of the region’s most pressing problems.”
Nandlall stressed that there is a real need to have legislations like the Firearms (Amendment) Bills passed.

INDISCRIMINATE USE
A Partnership for National Unity’s (APNU) Member of Parliament, Keith Scott, pointed to the dangers of indiscriminate use of legal firearms, a danger that is no less than that of trafficking in firearms and ammunition
According to him, there has been an escalation of violent acts and stressed the need for effective social programme to combat this problem.
Scott called for the regulation of the use of legal firearms.
On that note, he said the role of the Community Policing Group has to be redefined in an effort to avoid the challenge of indiscriminate firearms use.
He pointed to the need for the implementation of a continuous policy of destroying illegal weapons and ammunition and referenced the actions taken in this regard by Trinidad and Tobago, in keeping with United Nations agreement.
The AG countered that the Government is well aware that the Bill will not solve all firearms related problems.
Nandlall stressed that the Bill should not be viewed in isolation, but as a part, an important part, of the network to wage a war against criminal activity.

REFORM CALLS
The combined Opposition also voiced calls for reform of the security sector.
APNU Member of Parliament (MP), Winston Felix, noted that trafficking in firearms and ammunition is a serious offence, one that has caused much hardship to the Guyanese people.
“The purveyors of deaths ought to be dealt with condignly…we feel that persons who trade in firearms must feel the full force of the law,” he said.
Felix added, however, that the “law must be given teeth” to address enforcement of the legislation – hence the call for reform of the security sector.
“The Police Force must be reformed,” he said, adding that the force has “graduated from the allegations of lighting a teen’s genitals on fire, to now the allegation of brutality that amounts to rape of an individual in their custody.
He called for reforms that would see focus on enforcement, which will give citizens the assurance that Guyana’s security forces are here to protect, not brutalize them.
Home Affairs Minister, Clement Rohee, told the National Assembly that Guyanese are “justified” in calling for better security forces.
He made it clear that there are significant efforts to address the improvement of the security forces.
The efforts to achieve improvements in the security sector, he said, are seen in the Firearms (Amendment) Bill.
According to him, the approach in this regard sends a strong signal of Government’s intent to address the existing challenges.
The minister alluded to the practice of polygraph testing to ensure ranks handling various matters have clean hands and are not involved in said matters.
Alliance for Change (AFC) MP, Moses Nagamootoo, in his contribution pointed to the need for “responsible and efficacious leadership” – factors that are important.
“We have to see in practical way, that when we reform law, enforcement follows,” Nagamootoo said.
Meanwhile, the Attorney General maintained that the calls for reform are based on concerns that are already addressed by legislation.
He said the question should therefore be one of enforcement, not the absence of law.
Nandlall said, “There is a whole plethora of changes to the police force; increase assets of force, human resource, training, education….there is a major security reform project that touches on concern of security sector.”
He acknowledged the concerns and made it clear that the Bill is not the “end all” of the fight against wrongful use of firearms and trafficking in firearms and ammunition.
“There is much more to be done,” Nandlall declared.
MPs resolved into committee and one amendment was made with the addition of a clause before the Bill passed Committee.
The Bill was unanimously passed by the House.

(By Vanessa Narine)