A 'draft framework law' on arms and ammunition for Latin America

An exclusive article for the montlhy newsletter “En la mira – The Latin American Small Arms Watch.” Click here for subscriptions and for previous issues.

Recently, Interior Security Committee of the Latin American Parliament (Parlatino) approved a prototype of legislation, the "draft framework law" regarding  arms control  which involved sectors of civil society and parliamentarians that work in the fight against  the gun violence for at least two years.

This was seen by many civic organizations as their contribution and opens new and good expectations around comprehensive and better firearms control in the most violent region in the world, Latin America.

Here are experienced reform processes on partial or total gun control in each of their countries, even, mentioning a specific case, Bolivia, an account only with administrative resolution of the Ministry of Defense, but lacks a law on the subject. This dispersion of the reforms is that the problem of gun violence is addressed in different ways and, therefore, when there is a unit of discretion with respect, is the uncontrolled ending winning the wrist.

The path of the legislation framework approved by the Parlatino at its meeting in Mexico, began in 2006, in Buenos Aires, when the Commission on Public Safety, Combating and Prevention of Drug Trafficking, Terrorism and Organized Crime of the Parlatino, decided to develop a bill with the collaboration of the Brazilian organization Viva Rio

At that time, Viva Rio invited the Working Group on Legislation of Key Weapons (the Latin American Coalition for the Prevention of Armed Violence) and the Parliamentary Forum on Small Arms and Light Weapons to draft the basic document. The group was composed of experts from the Colombian Commission of Jurists (CCJ), the Institute of Comparative Studies in Penal and Social Sciences (Inecip Argentina), specialists of the Parliamentary Forum on Small Arms and Light Weapons, Viva Rio and IANSA.

Subsequently, the Clave's Working Group on the Legislation, representatives of the Parliamentary Forum on Small Arms and Light Weapon aides and parliamentarians from various countries - with the support of Swedish organization SweFOR and the National Assembly of Panama - drew up guidelines and boosted the development of the Draft Law March.

This phase of work culminated in the presentation of the draft Law on Weapons and Related Materials on March to the Bureau of Commissions of senators Sonia Escudero and Paola Spátola, both Argentine and the latter, chairman of  Parlatino's Committee on Public Safety, Combating and Prevention of Drug Trafficking, Terrorism and Organized Crime.

After the meetings held in Uruguay and Panama, on October 23, the body that brings together representatives of parliaments of Latin America in the Commission decided to approve this initiative, which represents a significant advance.

The En la Mira spoke with one of the deputies who pushed from the beginning the agenda that social organizations held around the control of arms and ammunition and disarmament, Paola Spátola.

- What is the consequence of the approval of this project by the Interior Security Commission to Latin America?

- Look, for those of us who followed closely the issue of security in Latin America and because of the field numbers of the region, it was imperative the agreement between the countries in the region to undertake the fight against this scourge. To be more graphic we could show it in numerical terms and then the conclusion which is the region that proportionately suffers the most from gun violence in the world. The annual rate of deaths caused by root elements of firearms usage reaches 15.5 per 100,000 inhabitants, and, as a comparative example, other regions such as Africa the same rate is 7.5, and North America, where the figure is significantly lower is 3.9.

The armed violence in Latin America has different faces: murder of women, youth violence, crime and current conflicts that become shootings. People are solving their disputes with firearms and their saturation in this part of the planet - estimates of the arsenal of weapons ranges between 40 and 65 million - increases the mortality and the possibility that the end of a conflict will be violent.

Do not discard that this leads to an even worn out state institution of the Latin American countries. Consider that the cost of the proliferation of firearms made a significant impact on public spending, which had to be designed to meet deaths and injuries resulted from the use of firearms.

- How was the final work that concluded with this section?
 

- The decision to work seriously on this issue was adopted at the V Meeting of the Committee on Public Safety, Prevention and Combating Drug Trafficking, Terrorism and Organized Crime of the Latin American Parliament, celebrated on April 6 and 7 of 2006 in Buenos Aires, Argentina. In compliance with that, it was put in motion a process of drawing up a draft law in March. In line with the decision adopted, it was ordered to non-governmental organizations, such as Viva Rio, in Brazil, to produce a draft template for the consideration of the representatives of Argentina, Brazil and Uruguay in the Commission, work that took place in March an it expanded the collaboration with Latin American Coalition for the Prevention of Armed Violence (CLAVE) and the Parliamentary Forum on Small Arms and Light to monitor and participate.

- What is your assessment of the work done on the issue by civil society organizations?

- I think, in that affect, it is part of what I just told you about those who got involved with the process in an early stage, the non-governmental organizations which we call, especially, carry out a serious and responsible work, both theoretical and practical as close to people, with awareness-raising tasks .

Frankly, I think that was the irreplaceable contribution they have done at the time of drafting the text of the standard finally adopted, as the time to share their experiences with legislators from the region that had dispelled doubts that resulted with the common share of experiences by participating civil society organizations.

-  Do consider that will be well received by parliaments an initiative that provides very precise points on a theme, firearms, which cause a tremendous damage in Latin America?

- I have no doubt that the debate was not resolved in a day, just because we try to achieve the necessary consensus to make this legislation a milestone that really pushed the needs, expectations and policies of countries in the subcontinent and at the time of sanction. In the time to manifest, all the competitors supported the initiative. Moreover, Latin America joined the many instruments on this topic, which demonstrates the strong commitment that exists in the region.

- What, in your criteria, the extent of gun violence in our continent?

- It seems interesting to connect you with a situation that concerns us all is how the world financial collapse to have real dimension, the insecurity in Latin America destroy more homes that any economic collapse that the region could suffer.

According to a report of the OAS, gun violence is one of the "main threats to stability, strengthening democracy and the possibilities of development in our region."

- In this time that you have worked in the issue, do you think that you could advance in the prevention of violence in the parliament?

-  I can you answer you with the work I have done and  which I am very pleased with. Though I am aware that we still have a long way to go, at a local level, I presented a project that was later reunited with the EP, and resulted in the law. Furthermore, the work that has developed is the committee's work in the Latin American Parliament which I preside.

- How do you assess the history of your country (Argentina) in the field of disarmament, as the cases of Mendoza and Argentine law in effect?

- I think I have uninteded answered this question in the previous answer. I am convinced that we must promote policies to control firearms and disarmament. After all, we can dissent of our readings of the results. To me that is much more valid.

- Do you believe that there could be breakthroughs in processes of disarmament in a combined form with all Latin American countries?

- I hope so, for the future of the region.