Stringent laws against firearms vital

By Dhaneshi Yatawara

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Last week the National Commission Against Proliferation of Small Arms and Light Weapons released its report with alarming figures. This time ‘Face 2 Face’ targets the issue of using illegal firearms in a free society. Following is an analysis in two different perspectives.

What is your view on the present situation of illegal use of small arms and light weapons?

Dilan Perera, Minister of Justice

Chandra Fernando, Former Inspector General of Police Pix: Kavindra Perera

Dilan Perera, Minister of Justice

My view is just as similar to that of any other citizen of the country. I strongly feel it should be curtailed at its best. Every possible action has to be taken to put a fullstop to this menace. I think the present Government is in the right track to curb this scourge. But at times we see that this relates to the present situation of the country as well.

We are experiencing a war situation in certain parts of the country and other areas are receiving its repercussions. Due to this the law enforcement agencies may face practical problems but as a whole ending this menace should be emphasized.

Chandra Fernando, Former Inspector General of Police

Probing into history to some extent is important to give an answer. Till 1971 we didn’t have a problem of this nature. It was after the insurrection that there was a little bit of a disturbance especially with the policies, considering the Police perspective.

There were very stringent regulations for use of firearms and issue of firearms. When people apply for firearms we used to inquire into their necessity to buy firearms. Even when the Police it was the same. It was very rarely that people used firearms or automatic weapons. These regulations are still there.

But the present situation doesn’t warrant strict compliance with such regulations. The situation further deteriorated with the eruption of LTTE terrorists in Northern Sri Lanka. We know very well they were smuggling firearms.

What could have caused an increase in the use of such arms and weapons? Was it due to politic patronage or lapses on the part of institutes maintaining law and order?

DP:

Well, there are many reasons. Politicians not taking speedy measures may have contributed but in my point of view the main cause is the present disturbed situation in the country.

That is why I have been right through a strong advocate against the war. This does not mean that I undermine the military victories against the terrorists. But what happens is when the war continues, illegal arms and weapons come into play.

CF:

The present situation worsened most probably due to the LTTE terror, the underworld operations and military deserters as well. It is a good sign that the Government is retrieving these deserters back into duty after giving them an amnesty. There were lapses in the past but now we see the policies are stronger.

The LTTE intensified their efforts to collect money - including the illegal weapons they smuggled, from foreign countries and the military hardware which they seized after they over ran military camps. There would have been a few delinquent police officers who may have abused their privileges. Another problem was keeping the captured arms and weapons for a long time in Police stations.

This definitely poses a great threat to the safety of the society since it directly links with crimes. Is this the main cause for the increased number of crimes we see today?

DP:

One of the main reasons. There are other reasons as well like the Police being unable to take quick action when organized crimes take place. Some can even point the finger at law enforcement agencies.

CF:

It is not the main cause. There are two areas in crime. One is crime against property and the other is crime against persons. This firearms problem applies to the crime against persons. Decades ago the weapons used were ‘kethi’, knives, clubs and similar types of things. But today it is the grenade, the pistol or the ‘galkattas’.

Crime is a complex issue. We see there are crimes committed with the help of the firearms. According to the statistics there has been some reduction in the crime rate in 2006/2007.

Are we legally fortified to face this deadly challenge?

DP:

We are legally strong enough, yet there are certain amendments that need to be brought in to the Firearms Ordinance and other Ordinances connected to this. This does not mean that the present set of laws is weaker. There are things that we can do and certain things that we should necessarily do. What we should do is not really happening. But there are many that we can do under the present laws and regulations.

CF:

Yes, we are legally strong enough. Adequate number of laws have been enacted. What is required is their strict enforcement. There should be a proper monitoring process as well to see whether these are properly enforced at all times. It should be properly monitored to ascertain whether the relevant authorities are following the procedures to conform to the law and order of the country.

What are the steps, the Government/Police have taken to get rid of this menace and bring justice to the people?

DP:

There are several issues the Government, the Justice Ministry and the Ministry of Defence have taken to contain this menace. One is to amend the Firearms Ordinance. The other would be the web site developed under the purview of the Ministry of Defence, giving names and all other details of some of the users of these small arms.

The vital data is collected. And recently there was a symposium chaired by the Defence Secretary himself - the National Commission Against Proliferation of Small Arms and Light Weapons.

We are trying to organise a debate on this issue that would contribute positively towards eliminating this menace. And I understand there is going to be a world symposium, next month, on this issue as well. So we are not fighting in isolation. As the Government we are taking necessary measures to curtail this menace keeping in mind the practical difficulties due to the present situation in the country.

CF:

There are no special steps as such. But the regulations are there. We need to implement them and secondly to monitor it very well.

What are the shortcomings you see in these processes?

DP:

We have identified the shortcomings. And now these short-comings are addressed in a methodical manner. We must first think of what we can do in the present context rather than just complaining about what we should do. Complaining was the fashionable tradition of our country to neglect duties, throughout the history.

Therefore I think what the Police should do is to comply with the existing laws and regulations while addressing the issues to enhance the strength of the law. Speedy measures should be adopted. We have to wait and see how these measures taken against the possible shortcomings would result. We have to see with time how these would work in reality.

CF:

The proper enforcement is important. The recommendations by a number of commissions appointed by the authorities needs to be implemented in proper manner. Currently, we have a Commission against Proliferation of Small Arms and Light Weapons. But we need to implement their recommendations. That’s very much important.

The monitoring process is very weak! Periodical inspections should be done. The ASPs have to go to the respective police stations and do a periodical review. The other thing is these weapons are circulating in the society, among the people.

So the intelligence should come from the people themselves, but it is not happening. The public should be brave enough to give this information. People have the chance to prove information anonymously. Safety can be assured to the informants.

How is our country’s situation compared to that of our South Asian counterparts?

DP:

We are well ahead in tackling the problem. The formation of the National Commission Against Proliferation of Small Arms and Light Weapons is a major step. It clearly shows we are in the right direction to tackle the issue.

I would like to propose that the media should play a major role in raising public awareness. And educating the Parliamentarians, irrespective of party colours, is one other important thing I would suggest. In fact I suggested to the Commission to have a discussion with the Speaker on this proposal.

CF:

Expect for the terrorist problem we are very much better. If the terrorist problem is not there our streets are much safer. Today the underworld is very much in low profile. It was beaten up two or three years ago. Our streets are safer not only in the region but in comparison to the world as well. Crime is not a big problem at present; even if we take it as a problem it can be easily tackled.

There is an allegation against politicians for intervening in these issues and their behaviour acts as a catalyst to this situation. What is your comment?

DP:

Personally I can say, I have not obtained the weapon to which I am entitled as an MP, since the day I joined politics 14 years ago. Politicians, who are elected by the people, should not carry arms. That is how I feel. If the politician is capable of handling arms well it is of course for him to decide on that. If a politician has a security problem, well there are competent security personnel to protect you. I don’t see any reason why politicians should carry arms and weapons with them, even though it does not fall in to the category of illicit arms.

CF:

One needs to understand the political culture. Politics is inter-vowen with the society. Sri Lanka being a dependant society, politicians get a right to put things into correct path. If the politicians are over-stepping, it is up to the citizens to criticize them.

Citizens periodically get the opportunity to exercise their power!