Identifier
Created
Classification
Origin
05GUATEMALA2611
2005-11-16 15:36:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Guatemala
Cable title:  

GUATEMALAN LEGAL REFORM: THE ARMS REGULATION BILL

Tags:  PARM PREL PGOV MCAP ASEC KCRM KJUS GT OAS 
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UNCLAS SECTION 01 OF 03 GUATEMALA 002611 

SIPDIS

SENSITIVE

DEPARTMENT FOR PM/WRA AND WHA - GIOVANNI SNIDLE

E.O. 12958: N/A
TAGS: PARM PREL PGOV MCAP ASEC KCRM KJUS GT OAS
SUBJECT: GUATEMALAN LEGAL REFORM: THE ARMS REGULATION BILL
AND ILLICIT ARMS TRAFFICKING


UNCLAS SECTION 01 OF 03 GUATEMALA 002611

SIPDIS

SENSITIVE

DEPARTMENT FOR PM/WRA AND WHA - GIOVANNI SNIDLE

E.O. 12958: N/A
TAGS: PARM PREL PGOV MCAP ASEC KCRM KJUS GT OAS
SUBJECT: GUATEMALAN LEGAL REFORM: THE ARMS REGULATION BILL
AND ILLICIT ARMS TRAFFICKING



1. (SBU) Summary: The Guatemalan Congress is on the verge
of approving an arms regulation bill that will transfer
oversight of privately-owned firearms from the Defense
Ministry to the Government (Interior) Ministry, per a
stipulation in the Guatemalan Peace Accords. Among other
reforms, the bill increases penalties for illegal import,
export or fabrication of arms and munitions. While this
legislation does not appear to comply with several of the
articles in the Inter-American Convention Against the Illicit
Manufacture and Trafficking of Firearms (CIFTA),we believe
that it strengthens legal prohibitions against illicit arms
trafficking. This legislation will likely have little impact
on violence in Guatemala because the bill focuses on
legally-owned firearms and because current laws on illegal
possession and use of firearms are not being enforced. End
Summary.

--------------
Background and Bill Highlights
--------------


2. (U) Among the 13 agreements that constitute the
Guatemalan Peace Accords, the September 1996 "Agreement on
the Strengthening of Civilian Power and on the Role of the
Armed Forces in a Democratic Society" committed the GOG to
restrict the possession and carry of firearms and transfer
responsibility for registration of privately-owned firearms
from the Ministry of Defense to the Ministry of Government,
with the latter process to be completed the end of 1997.
After several abortive efforts, the Guatemalan Congress is on
the verge of approving a law that reforms regulations
governing the possession and carry of firearms, including
transfer of registration and monitoring responsibilities from
the Defense to the Government Ministry.


3. (U) The bill lists the duties and powers of the new arms
regulation agency (DIGECAM) and defines various classes of
firearms and other weapons. Firearms are divided into four
categories: defensive, sporting, offensive, and martial.

The offensive firearms category encompasses fully automatic
rifles, submachine guns, and all semi-automatic rifles that
are used by military forces or that have a military
appearance (assault rifles). Martial firearms are defined as
crew-served weapons, including light and heavy machine guns,
automatic cannons, and grenade or rocket launchers. Knives
and other blade weapons, WMD (biological, chemical, and
nuclear),explosives, booby traps, and experimental arms are
also subject to DIGECAM regulation in this bill.


4. (U) The bill establishes regulations for the import,
export, sale, and manufacture of arms and munitions. It also
specifies requirements for possession and for carry of
firearms, transport of arms and munitions, possession and use
of ammunition reloading machines, requirements for gunsmiths,
and regulations for the operation of firing ranges.

--------------
Sanctions for Illegal Acts
--------------


5. (U) The bill specifies penalties for various violations,
primarily prison sentences that cannot be commuted by payment
of a fine (a common legal practice for other categories of
crimes). The penalties include:

Illegal Importation Of:
defensive or sporting firearms: 4-6 years;
offensive firearms, WMD, explosives, etc.: 6-10 years;
munitions (more than 100 rounds): 2-5 years;
munitions (more than 500 rounds): 6-8 years;
munitions (more than 1000 rounds): 7-10 years.

Illegal Exportation Of:
defensive or sporting firearms: 3-6 years;
offensive firearms, WMD, explosives, etc.: 6-10 years;
munitions (for defensive or sporting firearms): 6-10 years;
munitions (for offensive firearms or other weapons): 11-15
years.

Illegal Sale Of:
firearms: 5-8 years;
munitions (for defensive or sporting firearms): 3-5 years;
munitions (for offensive firearms): 5-8 years;
explosives: 10-15 years.

Illegal Manufacture Of:
defensive or sporting firearms: 6-8 years;
offensive firearms: 10-15 years;
munitions (for defensive or sporting firearms): 1-2 years;
munitions (for offensive firearms): 3-5 years.

Illegal Possession Of:
ammunition reloading machines: 2-6 years;
materials for manufacture or reloading of munitions: 2-6
years;
offensive firearms, explosives, WMD, booby traps, or
experimental arms: 10-15 years;
firearms with altered or missing serial numbers: 3-6 years;
munitions for offensive firearms or that are armor-piercing,
explosive, incendiary, or poisonous: 6-10 years;
five or more defensive or sporting firearms: 6-8 years.

Illegal Transport Of:
defensive or sporting firearms: 2-6 years;
offensive firearms, explosives, WMD, booby traps, or
experimental arms: 8-10 years;
munitions (500 or more rounds) for defensive or sporting
firearms: 1-3 years;
munitions for offensive firearms: 1-3 years.

--------------
CIFTA Provisions and the Arms Bill
--------------


6. (SBU) The GOG's Disarmament Committee has been focused on
compliance with the UN Small Arms Plan of Action, not CIFTA.
As such, the comments by the Disarmament Committee that were
passed to the Guatemalan Congress dealt with the UN plan
rather than CIFTA. The President of the Congressional
Committee responsible for the bill told us that the comments
arrived too late to be incorporated into his revision of the
bill. Certain CIFTA provisions are addressed by the bill in
the following manner:

CIFTA Article VI, Marking of Firearms: the bill requires
marking of firearms by the manufacturer, but does not require
marking by importers, nor marking upon confiscation.

Article VII, Confiscation or Forfeiture: the bill allows for
auction of confiscated firearms that are not retained by GOG
security forces.

Article IX, Export, Import, Transit Licenses or
Authorization: Export and import of arms and munitions
require the authorization of DIGECAM. (Importation of 250
rounds or less of ammunition for defensive firearms, or 500
or less rounds for sporting firearms, are exempt from
authorization provided that the firearm is legally
registered.) All transit of arms and munitions through
Guatemala is banned. The bill makes no distinction between
importation by individuals for personal use and commercial
importers. Licensing requirements are not extensive and the
bill does not address the issue of end-user certificates.
Offensive firearms can only be imported on an individual
basis, with the prior approval of the Ministry of Government
for the possession and/or carry of the particular weapon.

--------------
NGO Complaints
--------------


7. (SBU) NGOs advocating gun control have strongly objected
to a deletion of the bill's prohibition, as originally
drafted, on the private possession and carry of offensive
weapons. Current bill language allows for the possession of
such weapons when justified to, and approved by, the Ministry
of Government. Persons wishing to carry offensive weapons
must obtain similar permission, in addition to the standard
requirements to obtain a license to carry a firearm. Critics
point to the Peace Accord language that committed the GOG to
restrict the owning and carry of weapons, and argue that such
weapons should only be permitted for the police and military.
The Guatemalan Constitution's Article 38 affirms the right
to possess and carry firearms, however. In both public and
private comments, some NGO activists have insinuated that the
bill revisions are due to an alleged conspiracy to facilitate
arms trafficking by organized crime groups.

--------------
Comment
--------------


8. (SBU) While this bill does not comply with some of the
provisions of CIFTA, we do not believe that it will weaken
any efforts to prevent, combat, and eradicate the illicit
manufacturing and trafficking in firearms and munitions. Nor
will this bill likely have much impact on the precarious
security situation in Guatemala. The bill's principal focus
is on registered firearms, which are greatly outnumbered by
illegal firearms, and a dysfunctional criminal justice system
is ill-equipped to investigate, prosecute, and judge
violations of existing law. Numerous media reports have
demonstrated that the GOG is not prosecuting cases of illegal
possession of firearms, the most recent case being the
release from custody - on grounds of lack of evidence - of
several presumed Mexican narcotics trafficking hired guns
(known as "Zetas") who were arrested in Western Guatemala for
possession of unregistered AK-47 rifles.
DERHAM