2003 GUN REGULATION LEGISLATION CONTINUES TO

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001730

SIPDIS

E.O. 12958: DECL: 06/21/2015
TAGS: PREL PGOV PTER PHUM PARM KMPI YM
SUBJECT: 2003 GUN REGULATION LEGISLATION CONTINUES TO
LANGUISH IN PARLIAMENT

REF: SANAA 269

Classified By: DCM Nabeel Khoury for reasons 1.4 (b) and (d)


1. (C) Summary: A 2003 law to regulate gun ownership and
trade in Yemen, one of the world's most heavily armed
countries, continues to languish in Parliament. The ROYG
blames opposition party Islah, but, the legislation also
faces stiff opposition from members of the ruling elite, many
of whom benefit financially and politically from the gray
arms market. While entrenched tribal and military interests
continue to block parliamentary action, a well-respected
Yemeni human rights group plans to launch a public awareness
campaign to change attitudes towards gun possession and
increase support for gun regulation. End Summary.


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Gun Regulation Yemeni Style
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2. (SBU) Current law regulating gun possession is vague and
lacks any provision for enforcement. The 2003 law, drafted
by the Ministry of Interior, presents a comprehensive
approach to regulating gun ownership and trading. The law
enshrines the right to possess a firearm, defined as a "gun,
automatic weapon, pistol, or rifle" for the purpose of
"legitimate defense," and requires all gun owners to obtain a
license from MOI at the cost of approximately 2.50 USD a
year. Individuals convicted of a felony, proven to have
consumed alcohol or drugs, or with a mental or physical
disability would be prohibited from acquiring a license.


3. (SBU) The draft legislation also specifies that only the
ROYG may import weapons and ammunition, although it allows
authorities to grant import privileges to private entities.
MOI would have wide authority to regulate arms and
ammunitions dealers, under the law, and to determine the
number of arms shops allowed in each governorate and their
terms of operation. Senior government officials, judges,
members of parliament and foreign diplomats are excluded from
the law's provisions.

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Only a Bill...
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4. (C) Gun regulation has been a controversial issue since
the unification of north and south Yemen in 1990. The
heavily armed north tends to support the individual's
unfettered right to own a firearm, which bolsters tribal
authority and provides a counter-balance against the central
government. The south lacks such an entrenched gun culture,
thanks in part to the strong, centralized rule of the Yemeni
Socialist Party (YSP) before unity, which recognized an
inherent danger of a well-armed populace.


5. (C) Following unity, the YSP was the first to introduce
strict gun regulation legislation, but northern politicians
resisted, believing a less-armed society benefited southern
interests. After the 1994 civil war and the subsequent
erosion of YSP power, the GPC commandeered the gun control
issue.


6. (C) Many observers accuse Abdullah al-Ahmar, Speaker of
Parliament and head of the powerful Hashid tribal
confederation, of leading the fight against gun control.
ROYG's claims that Islah is the only barrier to gun control,
however, are dubious. Given the extreme political cost of
pushing through such legislation in Yemen's gun-loving
society, it is highly unlikely the GPC would have introduced
the law to Parliament if it believed it had the slightest
change of passing. (Comment: Getting out in front of the
issue is an opportunity for the ROYG to claim it is in favor
of gun control, and to point its finger at the opposition for
blocking it. End Comment.)

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Gun Control Legislation DOA?
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7. (C) Overcoming entrenched cultural norms is not the only
difficulty facing gun control efforts. Any serious attempt
to regulate small arms and light weapons (SA/LW) ownership
and trade would threaten the financial and political
interests of Yemen's most powerful players. (Note: for a
comprehensive discussion of who benefits from SA/LW trade in
Yemen see reftel. End Note). When these powerful interests
are combined with overwhelming popular opposition to gun
regulation, it is easy to understand why resuscitation of the
2003 gun law is seen by all as being in the interest of none.

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Controlling SA/LW: A Human Rights Angle
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8. (C) Pol/Econ Chief and Poloff met with Ezaddin al-Ashbahi,
Director of the Human Rights Information and Training Center
(HRITC). Established in 1995, HRITC is an NGO dedicated to
increasing human rights awareness in Yemen through lectures,
training, and publications. The center currently runs the
Ministry of Interior's program to train police officers about
human rights (ref A). HRITC, well known for its efforts to
educate the public on human rights issues, has joined the
fight against SA/LW proliferation in Yemen. Ashbahi holds
that gun control is a human rights issue, as being forced to
live in a heavily armed society violates the individual's
right to personal security. He proposes a two-pronged
strategy: continuing to work for passage of the gun
regulation laws; and increasing public awareness on the
dangers of heavily armed families and guns in homes.

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The Right To Individual Security
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9. (C) Ashbahi holds that SA/LW proliferation is the single
biggest human rights issue in Yemen today. He points to the
findings of an unpublished MOI study that found accidental
deaths constituted an alarming percentage of total
gun-related deaths. The victims, said Ashbahi, are
predominantly women and children. According to the study,
Sanaa won the dubious honor of having the most accidental
deaths, 100 per year or 10 percent of total gun-related
deaths, despite being the only city with a total ban on
carrying a weapon. Ashbahi estimates that the real number is
ten times what the MOI study revealed.
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Comment
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10. (C) Comment: Neither the passage nor the enforcement of
serious gun control is not likely to happen in Yemen, at
least in the short run. HRITC recognizes that without
changing public attitudes on gun possession, no law alone
could stem SA/LW proliferation. HRITC conducted awareness
campaigns in the past with limited Canadian support.
However, lack of financial resources is constraining current
efforts. Ashbahi expressed interest in seeking USG support
for continuing the campaign. Gun ownership is as entrenched
in Yemeni society as qat chewing. Ashbahi's center could
play in important role in beginning the long, arduous task of
changing public attitudes toward the dangers of gun
possession. As part of our overall strategy to stem SA/LW
proliferation in Yemen, HRITC awareness campaign might well
be a worthy recipient of USG assistance. Post wil consider
supporting such a campaign with MEPI or PD small grants. End
Comment.
Khoury