NEW HONDURAN LEGISLATION SEEKS TO CURB ARMS

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 001740

SIPDIS

SENSITIVE

STATE FOR WHA/CEN

E.O. 12958: N/A
TAGS: PGOV KCRM KJUS SNAR PINR HO
SUBJECT: NEW HONDURAN LEGISLATION SEEKS TO CURB ARMS
TRAFFICKING AND VIOLENCE



1. (U) SUMMARY: On July 2, the Honduran National Congress
added Article 332 to the Honduran Penal Code. This article
calls for the collection of assault weapons and stricter
punishment for trafficking and possession of outlawed
weapons. Article 332 comes at a time when Ministry of Public
Security reports show that possession of assault weapons and
their use in violent crime has been increasing steadily over
the past several years in Honduras. END SUMMARY

--------------
Origins and Trends
--------------


2. (U) On July 2, the Honduran National Congress added
Article 332 to the Honduran Penal Code. This article calls
for the collection of assault weapons and stricter punishment
for trafficking and possession of outlawed weapons. As
reported by the Honduran press, approximately 82 percent of
all deaths in Honduras are caused by firearms (of which 90
percent are from AK-47s). Even more alarming are reports
that 80 percent of these victims are minors.


3. (U) The availability of AK-47s and other automatic assault
weapons in Honduras stems largely from the Contra period of
the 1980s. While estimates vary, it is believed that between
400,000 and 500,000 arms illegally circulate in Honduras, of
which 200,000 are AK-47s. In addition to the lack of
effective laws and regulations surrounding the trafficking
and possession of arms, it is very easy and inexpensive to
acquire them. Press reports state that an AK-47 can be
purchased at the El Salvadoran and Nicaraguan borders for as
little as USD 20. Furthermore, a recent trend has shown an
increase in drugs-for-arms exchanges occurring among
traffickers.

--------------
Article 332
--------------


4. (U) The newly passed Article 332 of the Honduran Penal
Code makes the possession of the following arms illegal:
AK-47s, Falks (FAL and FAP),UZI sub-military machine guns,
M16s, M60s, Galils, G3s, Beretas, M21s, and any other
fabricated arms. The collection and destruction of these
items is slated to begin with a 90 day arms-for-money
exchange program. Those persons turning over weapons will
receive approximately USD 68 per item and will not face any
criminal charges. Another aspect of Article 332 calls for
harsher punishment for those possessing and/or trafficking
illegal weapons. Such actions will carry a six-to-nine year
prison sentence and possible fines of between USD 580 and USD
1,162. (COMMENT: It is hoped that this new legislation will
give a boost to earlier attempts by the National Arms
Registry (RNA) to register personal small firearms. Under
current law, each Honduran citizen is allowed up to five
weapons, a large amount for a country facing such high rates
of violence. END COMMENT)


5. (U) President of Congress, Pepe Lobo, has called for all
members of Congress to set an example by turning over their
own personal weapons. (COMMENT: Currently, many political
figures and prominent businessman hire private security
personnel, the majority of which use AK-47s. It is likely
that certain private security companies and individuals will
be given waivers from the new law. END COMMENT)

--------------
A Step In the Right Direction
--------------


6. (SBU) COMMENT: Congressional passage of Article 332 is a
positive step towards reducing the trafficking and possession
of automatic assault weapons such as the AK 47. It remains
to be seen, however, whether the government of Honduras has
the political fortitude, and makes available the necessary
resources, to fully enforce this new legislation. According
to government statistics, the number of homicides increased
in 2002 despite the military's augmentation of the police
force, and the homicide closure rate in Honduras remains at
only one to two percent. Moreover, in recent months the
local media has given extensive coverage to stories involving
assault weapon related violence. Violent crime is a high
profile public issue. If this legislation proves effective
in reducing homicides and arms trafficking, President
Maduro's Administration will have won a significant
legislative success at a time when public confidence in the
Administration's ability to deliver on campaign promises of
increased public security is faltering. END COMMENT
Palmer