Et tu Brute?

Man is the most intelligent animal on earth. But his intelligence goes hand in hand with his capacity for cruelty. As man evolves so do the weapons he develops to destroy his fellow beings. Today, this weapon is the assault rifle. The weapon of choice. Swords and spears have now been replaced by automatic weapons. Brigadier Ranjan de Silva is the National Coordinator of the National Commission Against the Proliferation of Illicit Small Arms (NCAPISA). NCAPISA was founded by the Government of Sri Lanka to implement the provisions of the UN Program of Action (PoA) of 2001 to combat the proliferation of illicit small arms. He addressed the members of the Regional Centre for Strategic Studies (RCSS) on the importance of regional cooperation in controlling the spread of illicit weapons. He sat down with Ishara Jayawardena of Daily News to discuss the control of weapons

[Illicit small arms]

* NCAPISA founded to combat proliferation of illicit small arms

* Regional cooperation important to control spreading of illicit weapons

* Small arms, Light Weapons (SALW’s) used for peacekeeping duties

* Around 800m small arms in circulation

* Small arms described as real weapons of mass destruction

Q: Can you just briefly explain the phenomenon of ‘Small Arms and Light Weapons’?

A: Small Arms and Light Weapons (SALWs) are commonly used by all countries to maintain law and order and for peacekeeping duties. This is legal. What is cause for concern is the unlawful use of these weapons by criminal elements and non-State actors to challenge the authority of the State. They are attractive because they are very lethal, highly effective, light and easily portable.

Today they are freely available in arms bazaars across the world at an affordable price. SALWs directly impinge on international security through transnational crime and international terrorism. The number of small arms in circulation around the world is estimated at around eight hundred million. They have been aptly described as the real weapons of mass destruction considering the number of deaths they cause daily in many countries around the world.

Q: Small Arms and Light Weapons are not illegal under international law. Under what circumstances do they become illegal?

A: All illicit weapons start as licit. They become illegal when they come into the hands of those not authorized to possess them under the laws of a country. This can happen in many ways. They may be stolen or there may be leakages from State stocks. They may be obtained through fraudulent documentation. Transfers without permission is another method. Cross border smuggling is common. These are some of the ways.

Q: If you take Sri Lanka, what are the factors which have contributed to the proliferation of illicit SALWs?

A: The incidence of crime in Sri Lanka is abnormally high, vis a vis its physical size and population of just under 20 million. The common explanation is that it is a secondary consequence of the ethnic conflict. But our crime records tell a different story. The crime rate in the country was high even before the first insurgency which broke out in 1971.

The way we chose to practise politics only aggravated this situation. It would be more accurate to say then that the three insurgencies, especially the one sparked by the ethnic conflict, only gave an impetus to the proliferation. The ethnic conflict made violence go hi-tech with the induction of modern weapons. T 56, the standard weapon of the armed services and the Police, has become the weapon of choice of criminals too. The armed conflict in the North and East became a fertile source of supply of small arms to the underworld. The country’s criminal behaviour graduated on to a higher plane. At the bottom all this is the root cause - poverty.

Q: It appears that the increase of SALWs is a massive problem which should be tackled nationally as well as internationally. What are the measures taken so far to control the proliferation of small arms?

A: Not only internationally and nationally, but regionally also. The international community, through the UN has taken four initiatives. The UNPoA of 2001 is one. The second is through the International Marking and Tracing Instrument which requires each weapon to have a unique marking to make tracing possible in the event of loss or if it goes into unauthorized hands.

The third is the Firearms Protocol. Its objective is to promote, facilitate and strengthen cooperation among States in preventing, combating and eradicating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. Finally there is the Arms Trade Treaty aimed at regulating the global arms trade. This is still in the making.

Regionally, countries in our region - Sri Lanka, India, Pakistan, Nepal, Bangladesh have all suffered much as a result of illicit small arms. President Mahinda Rajapaksa at the recently concluded SAARC Summit appealed for greater cooperation among countries in the region to combat terrorism. It is in the national interest of the peoples of all States in the region to respond to this call.

At the national level, Sri Lanka appointed a National Commission in 2004 and it was reappointed in 2006 when President Mahinda Rajapaksa became President. The Chairman is Defence Ministry Secretary Gotabhaya Rajapaksa.

Q: You are the National Coordinator for the National Commission Against the Proliferation of Illicit Small Arms (NCAPISA). Can you briefly tell us the work you have accomplished so far?

A: At the outset itself, the National Commission decided to carry out a survey and make a thorough assessment of the problem. A pilot survey was conducted first in the Hambantota District. This was followed by the main survey countrywide which covered almost all areas of the country. However the Northern and Eastern provinces had to be left out because of the war that was raging at the time. The report was published in 2008. This report made several recommendations relating to the institutions maintaining law and order and the administration of justice. If implemented, I am certain we can witness a significant improvement in our crime scene.

It was the first time that a survey of the problem of illicit weapons in the country was done. The survey was able to detect and highlight many shortfalls in the country’s law enforcing machinery and the administration of justice.

Our prisons system is antiquated. Prisons are overcrowded and have become universities for criminals. Not a single new prison has been added since independence in 1948 even though the prison population has increased a hundredfold. We still have only one Government Analyst’s Department for the whole country. This is one of the major reasons for laws’ delays: The report of the Government Analyst is essential in criminal prosecutions for grievous offences. We should have a branch of this department in each district by now.

The Police are under equipped; they are deployed very often on other duties leaving them with little time to do normal Police work. On the whole, the Police does not have the latest knowledge relating to crime busting. These are but a few examples. All these shortcomings and others mentioned in the report combined, cause the proliferation of illicit small arms in the country. The political will needs to be strengthened.

The Commission also conducted a series of workshops for Police officers in various districts in order to raise their awareness of the problem and motivate them to take informed action.

Q: How do you see the role of the civil society? What is their responsibility?

A: Proliferation of illicit small arms is only a symptom and not a root cause. Look at the big picture. Our society is increasingly becoming de-sensitized to crime and violence.

The other day, a daily paper carried the news of two robbers who had entered a house and stabbed to death a 9-year-old child because her cries were attracting the neighbours. Her mother too was stabbed and she is now lying in hospital in a serious condition. How anyone can stab to death a small child is beyond my comprehension and I wonder at times whether this is a Buddhist country.

Over 70 percent of the country’s population are Buddhists - a religion that eschews killing even an animal. How can such a heartless crime be committed in a country which prides over its Buddhist civilization of two thousand years? It’s a crime that should shock the nation’s conscience and is evidence of the depths to which our society’s human values have plunged since gaining independence.

Our religious leaders are answerable. We said our religion, our language and our culture suffered under colonial rule. Sixty-two years after independence, can we say we are better human beings now? So you will see then, civil society has an important role to play and we made sure they are part of the team.