In search of a body of evidence

Chavez supporters, opponents, independents and those indifferent to politics agree: there are too many guns circulating in Venezuela, and too little control over them. A country that has struggled to find consensus in recent years may now form a front to confront a common goal: reducing violence.

With a murder rate of 48 per 100,000 inhabitants, according to the Ministry of the Interior, (or 57 per 100,000, according to the Venezuelan Observatory of Violence) and popular pressure for increased security, in the last several weeks President Hugo Chavez has taken an important step toward that mean, by creating the Presidential Commission for Arms and Ammunition Control and Disarmament Ammunition. It is the most heterogeneous gun-control group in Venezuela to date.

No one knows how many illegal or unregistered guns are in circulation in Venezuela but they make their presence known: 79.48% of the murders committed between June 2008 and June 2009 were committed with firearms, according to the National Crime Victimization Survey and Perception of Public Safety (INE 2010). In 2010, 94% of homicides recorded by the Scientific, Penal and Criminal Investigations Unit (CICPC) were committed by firearms.

The Presidential Commission's secretary, Pablo Emilio Fernández (photo), who represents civil society as director of the Network for Justice and Peace, explains that the Commission's broad representation and the fact it is associated to the presidency have conferred a high degree of legitimacy on the organization.

"The Presidential Commission is charged with coordinating all activities on the issue, including the law. In the opening session of the Commission on Monday (June 13), we have presented an agenda that includes the following areas: research and diagnosis, as there is very little information on weapons in Venezuela and we need to establish how many there are, where they are, how they got where they are, who has them, how they are used; next we will conduct national and international consultations, to validate and legitimize the Commission and its work, by learning from experiences in other countries;  later we will launch a public information campaign, designed to promote disarmament and create a culture of peace; lastly, and as a natural consequence of the previous steps, we will work on laws and regulations, with a bill that reflects a comprehensive policy," he says.

Fernandez added that while in the long term, this program implies profound changes; the Presidential Commission will also propose special emergency measures. These involve specific measures that can be taken within the existing law, to create control mechanisms for carrying guns, to restrict gun permits, to track ammunition and weapons to prevent their diversion.

Joining forces

Operating in parallel to the Presidential Commission, the Joint Committee of the National Assembly (comprising the Venezuelan congress's foreign and defense policy caucuses) has also made progress in recent months, in drafting a bill on weapons and ammunition control and disarmament, which was approved on first reading.

Although it was approved in the first debate, this bill will go through a second vote in plenary, but before moving on, it will likely go before Presidential Commission to avoid duplicating efforts. The fact that two congressmen who are part of the Joint Committee of the National Assembly are part of the Presidential Commission will likely contribute to unification of efforts in this regard.

In regards to this bill and its discussion in the National Assembly, Fernandez says that "...every effort must come together for a comprehensive gun control policy. There is no rush to pass a law for the sake of passing a law; a disarmament law was already adopted a few years ago. The law alone will not solve the problem. The important thing is we reach a viable legal conclusion that is both spacious and responsive to a coherent state policy. Otherwise, we run the risk that the law will be largely symbolic. "

A researcher on gun control, César Marín (photo) is a member of the International Advisory Committee of IANSA and Amnesty International in Venezuela, and has closely followed the various bills presented in the National Assembly since 2006. During this time, he has had the opportunity to advise members of the legislature and critique shortcomings of these proposals. Marin says that despite the bills' many limitations, both the establishment of the Presidential Commission and the National Assembly's various consultations with civil society are very encouraging.

"The project's participants, who belong to different political parties, have said they are close to reaching a consensus. It's great that such a sensitive issue that has a direct impact on improving living conditions for all sectors of society can be addressed without polarization. It is also very positive that the president has convened several sectors, regardless of political color, "says Marin.

Key factors

A number of the recommendations proposed by César Marín and other organizations in the bill discussed last year were put forward ensure that once it is passed, the future law will also be efficient. “We have suggested that ammunitions should not be treated differently from small arms, since the first proposal did not include ammunition, gun tracing, registry and ammunition surpluses. This recommendation came from the director of the National Police himself; it is an excellent technical tool to track ammunition from its sources.”

Marín added that any framework law in Venezuela must establish a clear distinction between the right to ownership and right to bear arms, in keeping with Brazilian legislation. “It highlights the notion that having a gun license is no ordinary thing, and more so for the license to bear arms,” added Marín.

In his view, it is important that the disarmament campaigns include amnesty for those turning in guns, since “no one will go to jail out of their own free will, when it is clear that they may face civil or criminal persecution.”

Marín also notes that the law ought to include provisions for gun violence victims and their families. “There is currently no legislation establishing funds to support those in need of physical or psychological therapy due to gun violence,” said Marín.

Alarming preliminary data

Both Marín and Fernández concede that currently Venezuela lacks a map of firearms. There is no concrete data on the number of arms circulating in the country. Authorities have estimated 5 million undocumented guns, while some members of congress have mentioned estimates ranging from 9 million to 15 million firearms.

According to Pablo Fernández, the illegal entry of firearms into the country (feeding the illegal gun market, whether through illegal trade or local crime) has led to a situation of widespread undocumented guns. “We have found that 80% of the guns seized from criminals have ammunition produced by a Venezuelan company. In other words, it is the ammunition that we make that is killing us,” said Fernández.

Marín noted that some data nevertheless indicate the size of the problem. “A group of researchers looked at morgues and found that 90% of the victims killed by guns had been murdered with semiautomatic weapons, the most common of them being the 9mm firearm. That is to say, we are not dealing with revolvers inherited from our grandfathers, but with new, powerful weapons, that are relatively recent on the scene,” said Marín.

The researcher adds that, due to the presence of this kind of guns, and because when people kill they kill with five or more bullets, we can see there is a high level of violence and hostility. “This also tells us that guns and ammunition are accessible.”

The future of Venezuela’s gun law now lies with the Presidential Commission, which in principle has a one year mandate, and could extend its work for another year.

Cover photo: Márcia Farias
Inside photos: Private archives

Translated by Danielle Renwick and Lis Horta Moriconi