REPORT SUBMITTED BY BRAZIL

Transcription

1 UNITED NATIONS CONFERENCE ON THE ILLICIT TRADE OF SMALL ARMS AND LIGHT WEAPONS IN ALL ITS ASPECTS SECOND BIENNIAL MEETING 11/15 JULY 2005 IMPLEMENTATION OF THE PROGRAMME OF ACTION REPORT SUBMITTED BY BRAZIL 1

2 Introduction Brazil remains greatly concerned with the illicit trade of small arms and light weapons, given its adverse effects on our national public security. Since the preparatory works, Brazil, along with other countries affected by the illicit trade of small arms and light weapons, has emphasized the need for concrete measures to be applied by States at national, regional and global levels. The adoption of the Programme of Action by the UN Conference on the Illicit Trade of Small arms and light weapons in All Its Aspects confirms the unequivocal importance of multilateralism in addressing global challenges through globally coordinated responses. Brazil attaches utmost importance to the Programme of Action's Followup Mechanism, which allows the international community to take into consideration the experience gathered in implementing its dispositions since its adoption in 2001, and to review the Programme's strengths and weaknesses. In the light of the exchange of national experiences and viewpoints allowed by this process, it is our collective duty to address the problems and outstanding issues identified by the Biennial Meetings in the 2006 Review Conference. Brazil has taken numerous measures aimed at addressing the problem of illicit small arms and light weapons, and at fully implementing the Programme of Action: 2

3 Legislation Since 1934, Brazil has in place legislation on the control of small arms and light weapons (Regulation 105 of the Brazilian Army). Brazil ratified the Convention against the Illicit Manufacture and Trade of Firearms, Ammunition and Explosives (CIFTA), negotiated in the Organization of American States (OAS), by Presidential Decree 3.229, in force since October 29 th, Laws and regulations have been periodically reviewed to incorporate new provisions, including those contained in CIFTA and in the UN Programme of Action. The legislation presently in force in Brazil (Law , in force since 23 December 22 nd 2003, Decree 3.665, in force since November 20 th 2000 and Ministerial Act 22, by the Army's Military Material Department, in force since September 15 th 2000) entitles the Army, through its Directorate for the Inspection of Controlled Goods, to exert control over activities involving small arms and light weapons as follows: I manufacture is controlled through registry requirements for production facilities, which must also provide the Army Command and SINARM with real-time information on the production of weapons or ammunition; II sportive use, including as collection items, is controlled through registry requirements by owners; 3

4 III import is controlled through registry and previous licensing requirements; IV export is controlled through registry and previous licensing requirements; V customs clearance requires inspection by an authorized Army agent; VI transport requires previous licensing; VII trade requires previous registration. Law 9.437, of February 20 th 1997, established a national arms register for privately owned civilian small arms (SINARM) and laid regulations on small arms and light weapons manufacture, transport, sales, possession, use, export and import, as well as the correspondent penal sanctions for offences and violations. This Law was substituted at December 22 nd, 2003 by Law , which introduces many improvements to the legal framework of SINARM, as well as stricter regulations on possession and use of small arms and light weapons and more severe penalties for violations. 4

5 Sanctions Law , in force since December 22 nd 2003 (in substitution of Law 9.437) defines as criminal offences the ownership, retention, holding, manufacture, purchase, sale, rent, offer to sale, supply, reception, stockpile, transport, use, lent, shipment which are not in accordance with legal and regulatory provisions and fail to have correspondent authorization by competent authorities. The new Law, also known as the Disarmament Statute, creates a very strict regulatory framework for the control of small arms and light weapons and ammunition, which includes more rigorous requirements for the issuing of gun-licences, as well as heavier penal sanctions for violators. Fines and 1-3 years of imprisonment penalize illegal possession. The Penalty for omission of responsibility are fines and 1-2 years of imprisonment. Penalties for other, more serious offences range from 2-8 years of imprisonment, not subject to bail or parole. Penalties may be increased by 50% in cases where the crimes involve restricted-use weapons or if they are committed by Armed Forces personnel, intelligence agents or federal, state or municipal police officers. Agencies Within the Ministry of Justice, the National Secretariat for Public Security has been created in 1997, which works in close collaboration with States governments, as well as competent federal agencies (Federal Police, Brazilian Intelligence Agency, Army s Directorate for 5

6 Inspection of Controlled Goods, Customs). The National Public Security Plan provides for policy guidance, research and monitoring of efforts to prevent, combat and eradicate the illicit trade in small arms and light weapons, in line with paragraph 4, section II of the Programme of Action. Point-of-Contact The General Coordination for Combat of Transnational Illicit Acts (COCIT), within the Ministry of Foreign Affairs, has been designated the national point of contact to act as liaison between States on matters relating to the implementation of the Programme of Action. COCIT also acts as liaison between States under the OAS Convention against the Illicit Manufacture and Trade of Firearms, Ammunitions and Explosives. Address: Coordenação-Geral de Combate aos Ilícitos Transnacionais - Ministério das Relações Exteriores Esplanada dos Ministérios - Palácio Itamaraty - Anexo I - Sala 338 CEP Brasília-DF - Brazil Phone: (+55 61) Fax: (+55 61) cocit@mre.gov.br 6

7 Combating groups and individuals engaged in illicit activities Federal and State competent authorities have been permanently working to identify groups and individuals engaged in the illegal manufacture, trade, stockpiling, transfer, possession, as well as financing for acquisition of illicit small arms and light weapons, and taking action under national law against such groups. The CIFTA Convention provides for cooperation in criminal investigations, legal assistance and controlled delivery joint operations between Member States. Within the framework of the Convention, Brazil has already designated the specific points of contact for these activities. The number of illicit small arms and light weapons seized by the police has substantially increased. Marking weapons and ammunition All small arms and light weapons manufactured in Brazil must be marked by registered manufacturer so to display in the frame, as a minimum, information about the manufacturer, city or country of manufacture, model, calibre, serial number and year of manufacture (in case this date is not clearly indicated, the correspondent information must be included, in a codified manner or not, in the serial number). Marks must at least be 0,10 mm deep, in order to hamper possible attempts to erase or tamper with them. 7

8 Additionally, small arms and light weapons manufactured for export must be marked by the manufacturer in order to display the name of the importer and his country initials. small arms and light weapons imported by the Brazilian Armed Forces, the Federal Police and the Highways Police must be marked so to display the Federal Republic blazon as well as the organization s name or initials. Arms for civilian use must be marked by the manufacturer, so as to display, inter alia, the name, city and state of the importer. Since the entry into force of Law (December 22 nd, 2003) all ammunition, whether manufactured locally or imported, must bear a barcode sign printed to the smallest packaging unit (box) which allows for the identification of the manufacturer, the purchaser, the ammunition type and its production/delivery lot. According to regulations recently issued by the Ministry of Defence, since January 1 st, 2005, all ammunition manufactured or imported for use by the Armed Forces, by Federal, State or Municipal Police and Security Forces, as well as by intelligence agents, must have individual marks (i.e. in each cartridge or round) that allow for the identification of the production lot and of the purchasing organization. Enforcing controls The Army s Directorate for Inspection of Controlled Goods exercises controls (register, licensing, inspection, military customs) to prevent the manufacture, stockpiling, transfer and possession of any unmarked or inadequately marked small arms and light weapons. 8

9 Erasing or altering markings of small arms and light weapons or ammunition is a crime, subject to the penalty of 3-6 years imprisonment and fines. Registering weapons The National Arms System (SINARM) was created in 1997 by Law 9437, dated 20 February 1997, within the Federal Police/Ministry of Justice, later substituted by Law in December 22 nd, SINARM is a national mandatory register that allows the storage of all relevant data on manufacture, possession and ownership of civilian firearms. SINARM is currently finalizing the process of merging and centralizing the existing local State registers. Weapons in possession of the Armed Forces, of State Military Police Organizations, of the Brazilian Intelligence Agency, or privately owned by military or intelligence personnel are registered by a separate electronic control system known as SIGMA, under the authority of the Ministry of Defence (Army Command), which is currently in the process of being made compatible with SINARM database. Controlling transfers Under Decree and regulations thereto, all civilian arms export and transit operations can only be conducted by authorized dealers (incl. brokers) and require previous export licensing by the Army. Requests for licenses must be accompanied by one of the following documents: a) import license or equivalent, issued by authorities of the importing State; b) end-user certificate; c) declaration 9

10 by Brazilian Diplomatic Mission located in the importing State that arms importation is free in that State. Military inspection is mandatory at point-of-entry and exit. Military arms are subject to additional controls under the National Exportation Policy for Military- Use Materials (PNEMEM). Destruction of illicit weapons The Brazilian Army is the only organization legally responsible for the destruction of small arms and light weapons and ammunition, whether surplus, seized or collected. Article 25 of Law determines that all small arms and light weapons or ammunition found or seized in illicit situations must be promptly destroyed by the Brazilian Army, immediately after completion of judicial measures that may be needed for criminal investigation purposes. The Law expressly forbids any alternative uses for seized weapons. From August 7 th, 2004 to July 30 th, 2005, the Army has destroyed weapons, of which were collected by the Disarmament Campaign (more details in the next section). Public awareness Public ceremonies for the destruction of small arms and light weapons take place annually in major Brazilian cities, with the support of Federal, State and Municipal Agencies and organized civil society. Media coverage of the small arms and light weapons issue has been intensified, as well as the promotion of a culture of peace. As a result of 10

11 such initiatives and of stricter regulations introduced by Law , the decrease in the number of legally sold weapons already identified in the last report has been even steeper ever since. In 2004, in collaboration with State Governments, organized civil society and Churches, the Federal Government has launched a major nationwide initiative known as Campanha do Desarmamento ( Disarmament Campaign ) aimed at promoting a culture of peace, raising public awareness on the dangers inherent to the possession of weapons and to stimulate their voluntary disposal, by means of a massive buy-back programme. As of June 2005, more than firearms had been collected by the Campaign, far more than the originally expected. In addition, the Ministry of Justice has also began operating an internet site dedicated to fostering discussion and spreading knowledge on issues related to public security, named Citizen Security ( Enforcing UNSC arms embargoes Arms embargoes decided by the United Nations Security Council are timely incorporated into Brazilian legislation through Presidential Decrees. Existing legislation on controls and sanctions ensure enforcement of the arms embargoes. 11

12 Encouraging ratifications and accessions to legal instruments against international crime: Brazil actively participates within the OAS and UN efforts aimed at combating international crime. Brazil has ratified the OAS Convention against the Illicit Manufacture and Trade of Firearms, Ammunition and Explosives and the UN Convention against Transnational Organized Crime. Brazil constantly supports the universalization of existing instruments. Encouraging further negotiations As a member of UN Governmental Experts Group on Tracing, Brazil has favoured the opening of negotiations on a legally-binding instrument so to enable States to trace illicit small arms and light weapons. Brazil has taken an active role in the recently concluded negotiations of the Open-Ended Working Group created to negotiate an international instrument on Marking and Tracing of small arms and light weapons, having acted as a facilitator in two of its three sessions. Throughout the entire negotiating process, Brazil has advocated for the 12

13 adoption of a legally binding instrument, which unfortunately could not happen, in spite of the strong support of the vast majority of delegations (as well as of three regional groups). Brazil has also repeatedly called for the inclusion of regulations related to ammunition in the instrument. The group, however, could not reach consensus on this issue either, despite the fact that nearly all existing multilateral treaties on the issue (such as CIFTA, the UN Firearms Protocol and the SADC Firearms Protocol) recognize the clear and intrinsic connection between the problem of illicit small arms and light weapons and their ammunition, and deal with them in a coordinated manner. Brazil hopes that these two major deficiencies do not prevent the future instrument from being an effective tool for international efforts against the scourge of the illicit trade of small arms and light weapons, something that depends on an unequivocal commitment from all States to the full implementation and future strengthening of its terms. As regards brokering, Brazil expects States to agree on basic common control and cooperation elements so that brokering activities can be effectively controlled and illicit brokering halted. Brazil firmly supports the adoption of common standards on small arms and light weapons import, export and transit controls, provided that such standards are objective, transparent, non-discriminatory and negotiated through the framework of the United Nations. Brazil also highlights the urgent need to halt and prohibit transfers to non-state actors who are not authorized by competent authorities of the importing State. Implementation, cooperation and assistance 13

14 Brazil regards this matter as essential for effective implementation of the Programme of Action by developing countries, particularly in the area of capacity building. However, concrete international efforts to this end have been clearly insufficient. Further engagement of multilateral organizations, including in financing, is needed. Bilateral cooperation also needs to be decisively promoted. In this regard, Brazil believes that the United Nations should profit from the positive experience of regional organizations such as the Organization of American States (particularly of the Inter-American Drug Abuse Control Commission, its subsidiary body) in optimising resources earmarked for cooperation and assistance, by means of widening the scope of applicability of assistance programmes (i.e. devising programmes for regions or groups of countries, instead of specific single countries) and of exploring trilateral cooperation schemes (i.e. financing horizontal cooperation between developing countries). As regards national initiatives related to this issue, in 2004, the Brazilian National Public Security Secretariat, in cooperation with UN- LiREC and UNDP, created the Regional Public Security Training Center, through which Brazil has been offering training courses and capacitybuilding activities to government officials and civil society representatives directly involved in public security issues from fellow Latin American and Caribbean Countries. One of the priorities of the Regional Center is capacity-building in the area of small arms and light weapons control. 14