From words to acts: how Peru progresses in the implementation of the Plan of Action

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

Daniel Luz*

Few countries of Latin America and the Caribbean have progressed more than Peru in the path of the effective implementation of United Nations Plan of Action on Small Arms and Light Weapons (PoA). Peru is a model country when referring to its annual reports to UN Office for Disarmament Affairs on accomplishment with the PoA, due to the level of details as well as for the regularity in which it is presented. It is a firm defender of processes as ATT, the 552 Decision from the Andean Community and ITI 1 (International Tracing Instrument).

In addition Peru has constituted a multi-sector National Commission, denominated CONATIAF (Comisión Nacional contra la Fabricación y el Tráfico Ilícitos de Armas de Fuego, Municiones, Explosivos y otros Materiales Relacionados - National Commission against the Illicit Manufacturing of and Trafficking of Firearms, Ammunition, Explosives and other Related Materials 2). Recently, this National Commission has adopted a regulation 3 to guarantee its operability and the coordination among different governmental instances, which are key in the efforts to improve the control of small arms and its ammunition. Perhaps, the aspect to improve is the limited participation of the civil society in this instance, limited at present as an observer role, but without a regular seat on the CONATIAF.

As part of the activities already undertaken by CONATIAF, was organized a nationwide workshop destined to evaluate the level of ITI implementation in Peru at the end of February. The workshop became possible thanks to the cooperation of the Government of Spain and the technical cooperation by the Brazilian organization Viva Rio.

The conclusions and recommendations of this event are the following:

1. To recognize CONATIAF as the responsible entity - within the Executive Branch - for the elaboration of a national action plan involving the application of the international instruments related to the fight against the illegal manufacture and traffic of firearms and its ammunition, aiming its eradication, the management of the cooperation, the assistance at international level and the proposal of legislative initiatives.

2. To recognize that there does not exist a common law of weapons and ammunition, and that the current legal standing suffers a legal vacuum; it is necessary that national norms be harmonized with international instruments, to which Peru has adhered. The model of legislation approved recently by Parlatino could be used as reference, for an eventual legislating initiative.

3. Assuming that just as important as the repression of illicit traffic of weapons and ammunition is the control of the movement and transference of legal weapons, working for the incorporation of this concept in State plans and politics which involve public security.

4. The exchange of information between the diverse instances of the State on the application of the effective norms, as well as on the related national activities referring to prevention, combat, eradication of illegal production and the trafficking of firearms and its ammunition, including marking and tracing, indicating focal points.

5. If is appropriate; to evaluate the existence of excesses of ammunition and firearms of State property, and include the management and security of the deposits in the programs and politics of the involved national agencies. To use the already existing proposals of cooperation for deposit management, such as the software SIGA (Stocks Management System, for its acronym in Spanish) from the United Nations Regional Centre for Peace, Disarmament and Development – UN-LiREC.

6. Based on the characterization of firearms and ammunition defined by the responsible agencies, request the development of studies destined to estimate the number of firearms and ammunition - distinct of war weapons - of illegal nature, in circulation. The result of such investigations could eventually be used to suggest restrictions in importation of non-military weapons.

7. To create a standardized marking system for weapons and ammunition of State property, and to create another system - equally standardized - for weapons and ammunition of civil use (non-military), if necessary with adequate financial and technician support.

8. Improve the existing digitalized register system of weapons and ammunition, or create where it does not exist, mentioning, among others specifications, the name of the manufacturer, the country of origin, the serial number, the year of manufacture, the bore, the model, the mark and the type of weapon or ammunition, with the intention to facilitate the operational tracing and the identification of the final destination of the weapons and ammunition, requesting the support of organizations of the international cooperation.

9. Use the new technologies and methodologies for the tracing of weapons of legal or illegal origin, according to norms elaborated by the National Police Direction of Criminology, taking in account the role of the intermediaries in the chain of weapons transference's.

10 . Propitiate greater contribution among the national agencies in charge of authorizing and controlling the ownership and the use of firearms and ammunition, fortifying those organizations by means of better qualification of its employees and technicians.

11. Search for synergies between the civil society action and State institutions, including municipalities, establishing subjects of mutual interest.

12. Concur for the sprouting of public consciousness related to the preventive aspects of ownership and use of firearms as, for example, the increase of violence between youth.

13. Assist in the identification and attainment of basic information in national, regional and international nets and routes of ammunition and firearms traffic.

14. Interchange information and experiences with other States, particularly with Brazil and Spain, on the lessons learned in consequence of the application of the international instruments related to firearms and ammunition.

15. Highlight the importance of cooperation and international assistance in the application of the international instruments orientations, as well as the identification of  aspects where cooperation is possible, on one side, and aspects for which Peru would be enabled to offer cooperation to States that requested it, on the other.

The implementation of the ITI can ease for States organizations the specific and detailed knowledge on the diverse routes and methods of the illegal traffic of weapons. However, is estimated that the States organizations could go beyond the foreseen of the ITI, since it suffers from diverse insufficiencies. It refers to a political instrument, not legally binding, and does not include ammunition. Equally, to mark the occasion for its importance is recommended but not obligatory, and did not create a related multilateral mechanism for tracing requests.

Thus this type of progress, as reached by Peru, contributes strongly to the effective implementation of the process and constitutes as steps among those necessary to obtain an improved weapons and ammunition mechanism control. Moreover, the fact that a discussion at the level of the involved players with the question of register and marking of firearms in Peru - high governmental officials, specialists and members of the civil society - destined to suggest mechanisms for better application of the international instrument in the country, helps create empowerment of the subject, considered vital for its solid functioning.

1 The United Nations General Meeting approved the ITI on December 8th 2005.

2 Ministerial Resolution R.M. N º 134-2007-PCM. - (07/05/2007) on the creation of the CONATIAF, available at: http://www .rree.gob. pe/portal/ pexterior. nsf/

3.Bulletim of Peru (BOP), February 17th 2009. Available at: http://vle x.com.pe/s ource/peru ano-diario -oficial-2 021/issue/ 2009/2/17

*Member of IANSA Board