2001 08 OP3 Legal+Control+Small+Arms+Southeast+Asia

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SMALL ARMS SURVEY

Occasional Paper No. 3

Legal C on trols on Small A rmsand Ligh t W eapons in South east A sia

A joint publicationof the Small Arms Survey

and Non violence InternationalSoutheast A sia

Kath erin e Kramer

nonviolence

international


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A joint publicationof the Small Arms Survey

and Non violence InternationalSoutheast A sia

July 2001

Legal C on trols on Small A rmsand Ligh t W eapons in South east A sia

Katherin e Kramer

nonviolence

international


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Katherine Kramer

The Small Arms SurveyThe Small Arms Survey is an independent research project located at the Graduate Institute of Int ernat ional Stu dies in G en eva, Switzerland. It is also linked to t he G raduate In stitutes Programm efor Strategic and International Security Studies.

Established in 1999, t he project is supported by th e Swiss Federal Departm ent of Foreign A ffairs, andby contributions from the Governments of Belgium, Canada, Denmark, France, the Netherlands,Norway, Sweden, and the United Kingdom. It collaborates with research institutes and non-govern-mental organizations in many countries including Brazil, Canada, Georgia, Germany, India, Israel,Norway, the Russian Federation, South Africa, Sri Lanka, Sweden, Thailand, the United Kingdom,and th e U nited States.

T he Small A rms Survey occasional paper series presen ts new an d substan tial research findin gs by proj-ect staff an d comm ission ed research ers on data, met h odological, and co ncep tual issues related t o smallarms, or detailed coun try and regional case studies. Th e series is published periodically and is availablein h ard copy and on th e projects web site.

Small A rms Survey Ph on e: + 41 22 908 5777Gradua te Inst itu te of In t erna t ional S tud ies Fax: + 41 22 732 273812 Aven ue de Sch eron Email: smallarm@h ei.un ige.ch1202 G en eva We b site: h tt p://www.smallarmssurvey.orgSWITZERLAND

Nonviolence International Southeast AsiaN onviolence Int ernational South east A sia (N ISEA ) has been working on th e issue of small arms since1993. NISEA was a founding member of the Thailand Campaign to Ban Landmines and hasresearched and conducted advocacy on anti-personnel mine issues since 1995. NISEA was also afounding member of the W orking G roup for Weapons Reduction in Cam bodiaa multi-sector non -governmental alliance seeking to reduce the possession and use of war weapons in post-conflictCambodia. NISEA is a member of the International Action Network on Small Arms and works inpartnership with the Small Arms Survey.

N on violen ce In tern at ion al Ph on e: + 662 883 4946South east A sia O ffice Fax: + 662 374 1671495/44 Soi Yu O msin , Email: ah [email protected] .comJaran san itwon g 40 W eb site: h t tp://www.n on violen cein tern at ion al.n etBangkok 10700THAILAND

Occasional PapersNo. 1 Re-A rmam ent in Sierra L eone: O ne Year A fter the Lom Peace A greement ,by Eric Berman ,

December 2000No. 2 Removing S mall A rms f rom Society : A Review of W eapons C ollection and Destruction

Programmes, by Sami Faltas, G lenn McD on ald, and C amilla Waszink, July 2001No. 3 Legal C ontrols on Small A rms and Light W eapon s in Southeast A sia,

by Katherine Kramer (with N onviolence Int ernational South east A sia), July 2001No. 4 M arking and Tracing of Small A rms and Light W eapon s,by Ilhan Berkol (with G RIP),

forthcomingNo. 5 Shining a Light on Sm all A rms Exports: T he Record of State Transparency,by Maria Haug,

Martin Langvandslien, Lora Lumpe, and N ic Marsh (with N ISAT) , forthcomin gNo. 6 South A sia: A Rising Spiral of Proliferation,by Tara Kartha, forthcoming

Copyright Small Arms Survey 2001

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Contents

List of tables iv About the author iv Acknowledgements iv Summary v Map of Southeast Asia vi

I. Introduction 1

II. ASEANs response to small arms proliferation in the region 2

III. Research objectives and constraints 3

IV. Definitions 4

V. Private possession, carrying, and use 7

VI. Identification and marking 10

VII. Ammunition and spare parts 11

VIII. Domestic transfers 11

IX. Manufacture and repair 13

X. Storage and packing 14

XI. Domestic transport 15

XII. Import and export 15

XIII. International restrictions 17

XIV. Inspections and searches 17

XV. Demobilization and reintegration 18

XVI. Collection and destruction 18

XVII. Registers 19

XVIII. Exemptions 19

XIX. Explosives 19

XX. Penalties 20

XXI. Conclusion 24

Endnotes 25Bibliography 25

Legal Controls in Southeast Asia

Small Arms Survey Occasional Paper No. 3

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List of tables

Table 1. Definition of an arm 5

Table 2. Definition of ammunition and explosives 5

Table 3. General preconditions for licence applications 8

Table 4. C riteria for bein g issued a licence 8

Table 5. Categories of arms licensed for private possession 9

Table 6. Regulations on domestic tran sfers 12

Table 7. Regulations on storage and packing 14

Table 8. Regulations on domestic transport 15

Table 9. Import/export regulations pertaining to civilians 16Table 10. Specific laws regarding explosives 20

Table 11. Pen alty comparison 22-23

Table 12. Aspects of arms control regulated to some degree by ASEAN countries 24

About the author

Before joining the Small Arms Survey in 2000, Katherine Kramer worked at the NonviolenceInternational Southeast Asia Office in Bangkok, Thailand. In addition to her work on small arms inSoutheast Asia, she has undertaken research on the landmine situation in Burma (Myanmar),Bangladesh, and Singapore for Landmine M onitor and on the Tibetan non-violence movement. Hermost recent publication isTruth is O ur O nly W eapon: T he Tibetan N onviolent Struggle,which she co-authored with Yeshua Moser-Puangsuwan. She also co-authored the country reports on Burma in Landm ine M onitor 199 9and Burma and Bangladesh in Landmine M onitor 2000 . She received herMaster's degree in Peace an d C onflict Resolution from A merican U niversity in W ashington , DC .

Acknowledgements

I am indebted to the many government officials, non-governmental organizations, and individualswho assisted in t h e preparation of this paper. I would like to express a special than ks to th ose govern-ments that commented on earlier drafts. Thoughtful critiques on the manuscript were received fromPeter Batch elor, Glen n McD on ald, Yesh ua Moser-Puan gsuwan, an d Kerstin Vign ard.

Katherine Kramer

Occasional Paper No. 3 Small Arms Survey

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Summary

The uncontrolled proliferation of small arms and light weapons in Southeast Asia threatens the secu-rity of both people and states, retards development, and contributes to increasing levels of violent

crime. Porous borders coupled with weak and un coordinat ed enforcemen t efforts ensure th at th e prob-lems caused by small arms in on e state are felt in n eigh bouring on es. Despite th ese effects, th ere is n oaccurate in formation regarding th e n umber of legal and illegal small arms flowing in to an d out o f th eregion , nor h ow man y weapon s are circulating intern ally.

Domestic controls are essential to combating the small arms problem. Most weapons are legally pro-duced and/or imported, and then at some point diverted to illicit circuits. By studying national armscon trol laws, the weakn esses th at facilitate th is movem en t can b e revealed and poten tially addressedlimiting the extent to which legal small arms enter illicit markets.

The member countries of the Association of Southeast Asian Nations have only recently begun tofocus on the issue of small arms proliferation. This paper represents a first attempt at reviewing andcomparing domestic arms control laws in the region. While the information presented here is notexhaustive, it gives some indication of the current state of legislation in each country and across theregion as a whole.



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Southeast Asia

The Association of Southeast Asian Nations (ASEAN)

BruneiCambodiaIndonesiaLaosMalaysiaMyanmarPhilippinesSingaporeThailandVietnam

Katherine Kramer


MALAYSIA

INDONESIA

CHINA

MYANMAR

PHILIPPINESTHAILAND VIETNAM

LAOS

BRUNEI

SINGAPORE

Hong Kong

CAMBODIA


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I. Introduction

The uncontrolled proliferation of small arms and light weapons in Southeast Asia threatens peoples,communities, states, and the region as a whole. Among other effects, small arms undermine human

an d stat e security, impair developmen t, and exacerbat e conflict and crime. W hile th ere is no accurat einformation regarding the number of legal and illegal small arms flowing into and out of the region,nor how many weapons are circulating internally, it is clear that no state in the region remains unaf-fected by the problem. Although a few Southeast Asian countries do not have widespread ownershipor criminal use of weapons, many countries are involved in the production of small arms or are usedas conduits for the financing and trafficking of illicit arms. Porous borders coupled with weak andun coordinat ed enforcemen t efforts ensure that th e problems caused by small arms in o ne state are feltin neighbouring on es.

Southeast Asia comprises ten countries (Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia,Myanmar, the Philippines, Singapore, Thailand, and Vietnam), all of which are members of theA ssociation of South east A sian N ations (A SEAN ). T he organization was established in 1967 to con -solidate the region's peace, stability, and development through economic, political, and securityco-operation. ASEAN allows members to maintain their diverse political systems while buildingregional solidarity. ASEAN is currently the only forum that can address the small arms issue at theregion al level.

ASEAN has little formal power as a policy-making body. Its member states have preferred bilateralagreements to broader regional instruments. For example, five member states have bilateral extraditionagreements, but no multilateral agreement h as been negotiated through A SEAN . ASEAN s commit-ment to regional policy by consensus is constrained by the aversion its members have to interference

in their internal affairs by other member states and the international community as a whole.



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II. ASEANs response to small arms proliferationin the region

The issue of small arms and light weapons was first raised within ASEAN at the 1997 ASEAN min-isterial meetin g h eld in Malaysia. T he m eetin g set th e ton e for ASEA N s current app roach t o smallarms by emph asizing th e need for regional co-operation in com batin g tran snation al crime. Small armsand the smuggling of small arms were recognized as an integral part of terrorism, drug trafficking,mon ey laundering, trafficking of person s, an d piracy. Later th at year, th e A SEAN Min isters of Int eriorand H ome A ffairs adopted th e A SEA N Declaration on Transnational C rime. The declaration reflectedA SEAN s resolve to confront t he problem of tran snation al crime and in cluded agreemen t in principleto increase regional co-operation and explore ways in which member countries could work moreclosely with relevan t in tern ation al agen cies and organization s.

At the 1998 ASEAN Summit in Hanoi, ASEAN heads of state reiterated their calls to strengthen

regional capacity to deal with t ransnational crime in th e H anoi Plan of A ction. This was followed bythe adoption of the A SEA N Plan of A ction to C om bat Transnational C rimein 1999. In brief, the planoutlin ed a regional strategy to preven t, cont rol, an d neut ralize transnat ional crime th rough such activ-ities as information exchan ge, co-operation in legal and law en forcement matt ers, institutional capacitybuilding, trainin g, and extra-regional co-operation. T hus far, A SEA N initiatives in th is area, aimedprimarily at criminal syndicates operating across borders, have involved verbal and written agree-ment sas opposed to concrete action.

The first time that ASEAN addressed small arms as a distinct topic was in May 2000 at the Jakarta Regional Seminar on Illicit T rafficking in Small A rms and L ight W eapons, sponsored by the U nited N ations(U N) Department for Disarmament A ffairs, the U N Regional C ent re for Peace and D isarmament in

Asia and the Pacific, and the Governments of Japan and Indonesia. All ASEAN member statesatten ded with t he exception of Vietnam . C ollectively, A SEAN kept to its narrow perspective, as themem ber states urged that t he an alysis be framed in t he con text of transnat ional crime. ASEA N m em-bers supported stren gthen ing law enforcemen t, int elligence-sharing, and border and customs cont rols,as well as increasing co-operation and exchange of information for the purpose of addressing smallarms trafficking within th e region . O th er measures suggested at th e meet ing included p ost-conflict dis-armamen t, addressing th e root causes or und erlying con dition s that promot e th e illicit trafficking of small arms, and improving national controls on these weapons with a view to preventing their leak-age into t he illicit market (U N , 2000).

The outcome of the regional conference was not surprising. With few exceptions, ASEAN membersnation al positions on small arms proliferation h ave been reactive rather t han proactive. Th ere havebeen few resources committed to analysing the small arms situation within ASEAN. This can beattributed to the fact that small arms have only recently been viewed as an issue of national security.In addition, each country is affected by small arms in a different way and to a different degree.Currently, the only point of agreement is that small arms are intertwined with other cross-bordercrimes. However, when the small arms issue is absorbed into the agenda of combating transnationalcrime, oth er pressing issues, such as drug trafficking an d h uman trafficking, often overshadow it. T hislimited view of the small arms problem sidesteps any consideration of the ways in which arms movefrom legal production , tran sfer, an d acquisition t o th e illegal market. It also largely ignores th e desta-bilizing effects small arms have outside th e con text of transnat ional crime, such as increased societal

violence. In addition, by portraying the problem as criminal, it contributes to the avoidance of political/ diplomatic solutions to over 30 different armed in surgencies with in t he region.

Katherine Kramer


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IV. Definitions

Currently, there is no regionally agreed definition as to what constitutes a small arm,light weapon, or ammunition.

The problem of precisely defining what constitutes a small arm or light weapon, much less ammuni-tion, is not un ique to South east A siait has been debated exten sively at the internation al level. It ismore than an issue of semanticsit often determines the scope or applicability of particular legisla-tion. The legal definition of what constitutes a small arm or light weapon varies considerably fromcountry to country and even within countries between different sectors (civilian and military).

G enerally, small arms and light weapon s (in cluding ammun ition) can be carried by an in dividual, twoor more peo ple, or a pack an imal. For purposes of th is report, we recognize th e definit ion developed in1997 by the U N Panel of G overnmen tal Experts on Sm all A rms:

Small arms: revolvers and self-loading pistols, rifles and carbines, assault rifles, sub-machine guns,and light machin e guns.

Light w eapons: heavy machine guns, hand-held under-barrel and mounted grenade launchers,portable an ti-tan k an d an ti-aircraft guns, recoilless rifles, portable launch ers of anti-tan k an d an ti-aircraft m issile systems, and m ortars of less than 100mm calibre.

A mmunit ion and explosives: cartridges (roun ds) for small arm s, shells and m issiles for light weapon s,mobile con tain ers with missiles or shells for single-action ant i-aircraft an d an ti-tan k system s, an ti-personn el and an ti-tank h and grenades, landmines, explosives (U N , 1997, para. 26).

Explosives were further defined in the United Nations Report of the G roup of Experts on the Problem of A mmunition and Explosives. The Group focused mainly on military high explosives, industrial explo-sives (includin g tho se used in t he min ing industry), improvised or h ome-mad e explosives, and explo-sive initiators or detonators (blasting caps) (UN, 1999a, para. 16).

The UN definitions have yet to be universally accepted or applied. Even the question of the scope of the 2001 U nited N ations C onference on the Illicit Trade in Small A rms and Light W eapons in A ll Its A spects,1 th e first global con ference to tackle t his issue, has proved con troversial. A s of February 2001,it had n ot been decided wheth er th e conference would focus solely on m ilitary weapons or in clude th emyriad of firearms typically used by civilians, such as pistols and hunting rifles, which in some regionspose a greater th reat to h uman security than military-style arms.

It is th erefore no surprise th at th e approach t aken to legally define wh at con stitutes a small arm, lightweapon, ammunition, or explosive varies widely among Southeast Asian countries. Even the termi-nology used to refer to these items differs. In some countries, they are called war weapons or simplyweapon s, while in oth ers th e te rm firearm s or arms is used. Just as th e te rms vary, so do th eir me an -ingswhich is more crucial as th is determin es the scope of th e relevant law. Definition s often includeitems th at are n ot always con sidered small arms or light weapons, such as knives or imitat ion arm s.

Various definitions of arms, ammunition, and explosives, as set out in the national legislation of A SEAN member states, are listed in Tables 1 an d 2. Some definitions are extremely basic, with a listof items covered un der th e law, while oth ers offer much more det ailed, somet imes techn ical, descrip-tions. Some definitions are quite comprehensive, yet others have gaps that could be exploited.

Katherine Kramer


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Table 1. Definition of an arm

Brunei

Cambodia

Indonesia

Laos

Malaysia

Myanmar

Philippines

Singapore

Thailand

Vietnam

Definition unavailable.

A weapon is defined as including: all types of firearms and pistols; firearms which cause watery eyes,

fainting, or poisoning; all types of automatic or semi-automatic firearms; soundless firearms or sound-

less equipment; all types of rockets; all types of chemical weapons; all types of biological weapons; all

types of electrical shock sticks; all types of grenades and mines; all types of explosive substances; and

all types of bullets (Cambodia, 1999c, art. 2).


War weapon


Arm means any lethal barrelled weapon of any description from which any shot, bullet or other missile

can be discharged, or which can be adapted for the discharge of any such shot, bullet or other missile,

and any weapon of whatever description designed or adapted or which can be adapted for the dischargeof any noxious liquid, gas or other thing, and includes an air gun, air pistol, automatic gun, pistol and any

component parts of any such weapon, and any accessory to those weapons designed or adapted to

diminish the noise or flash caused by firing the weapon (Malaysia, 1960a, sec. 2).

Arms include firearms, knives, bayonets, swords, daggers, spears, spear-heads, bows and arrows,

cannons, as well as parts of arms and machinery for manufacturing arms (Myanmar, 1878, sec. 4).

The term firearm or arm covers rifles, muskets, carbines, shotguns, revolvers, pistols, and all other

deadly weapons from which a bullet, ball, shot, shell, or other missile may be discharged by means of

gunpowder or other explosives. The term also includes air rifles except those which, being of small cal-

ibre and limited range, are used as toys. The barrel of any firearm is also considered a complete firearm

for purposes of the law (Philippines, 1987c, sec. 877).

Arms includes firearms, air-guns, air-pistols, automatic guns, automatic pistols, and guns or any other

kind of gun from which any shot, bullet or other missile can be discharged or noxious fumes can be emit-

ted and any component part of any such arms, and bayonets, swords, daggers, spears and spearheads

(Singapore, 1913a, sec. 2).

Firearms includes all arms which send a projectile by means of an explosion, pressure of gas or com-

pressed air or by mechanical contrivance depending on the force of energy and parts thereof held by the

Minister to be important and listed in a Ministerial Regulation (Thailand, 1958a, sec. 3(1)).


Table 2. Definition of ammunition and explosives

Brunei

Cambodia

Indonesia

Laos

Malaysia


All types of bullets. All types of explosive substances (Cambodia, 1999c, art. 2).



Ammunition means ammunition (including blank ammunition) for any arm as hereinafter defined, and

includes grenades, bombs and other like missiles, whether capable of use with arms or not, and any

ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other thing

(Malaysia, 1960a, sec. 2(1)).


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Katherine Kramer


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Table 2. (Continued)

Myanmar

Philippines

Singapore

Thailand

Vietnam

Ammunition means an explosive of any kind enclosed in any case or contrivance or otherwise adapted

so as to form a cartridge or charge for small arms, cannon or any other weapon, or for blasting, or to

form any safety or other fuse for blasting, or for shells, or to form any tube for firing explosives, or to form

a percussion cap, a detonator, a fog signal, a shell, a torpedo, a war rocket, a submarine mine, a land

mine, or other contrivance other than a firework (Malaysia, 1923, part 1).

Explosive means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mer-

cury or of other metals, coloured fires, and every other substance used or manufactured for the purpose

of producing a practical effect by explosion or a pyrotechnic effect and includes fog-signals, fireworks,

fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adap-

tation or preparation of an explosive, any material for making any explosive and any apparatus, machine,

implement or material used or intended to be used or adapted for causing or aiding in causing any explo-

sion in or with any explosive and any part of any such apparatus, machine or implement (Malaysia, 1957,

sec. 2).

Explosive substance shall be deemed to include any materials for making any explosive substance and

any bomb, grenade, apparatus, machine, implement or material used or intended to be used or adapted

for causing or aiding in causing any explosion in or with any explosive substance and any part of such

bomb, grenade, apparatus, machine or implement (Malaysia, 1958, sec. 2).

Ammunition includes also all articles specially designed for torpedo service and submarine mining, rock-

ets, gun-cotton, dynamite, lithofracteu and other explosive or fulminating material, gun flint, gun-wads,

percussion-caps, fuses and friction-tubes, all parts of ammunition and all machinery for manufacturing

ammunition, but does not include lead, sulphur or saltpetre (Myanmar, 1878, sec. 4).


Explosive

(a) means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of

other metals, coloured fires and every other substance, whether similar to those above mentioned or not,

used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect;

(b) includes fog signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges and ammuni-

tion of all descriptions, and every adaptation or preparation of an explosive as above defined; and

(c) includes sand crackers, and any substance declared to be deemed an explosive by not ification under

section 5(1)(a) (Singapore, 1913a, sec. 2(1)).

Explosive substance shall be deemed to include any materials for making any explosive substance and

any bomb, grenade, apparatus, machine, implement or material used or intended to be used or adapted

for causing or aiding in causing any explosion in or with any explosive substance and any part of suchbomb, grenade, apparatus, machine or implement (Singapore, 1963b, sec. 2).

Ammunition includes single bullets, buck shot, shrapnel, explosive shells, torpedoes, mines, and rock-

ets of all kinds whether with or without acid, gas, fuel, germs, poison gas, fog or smoke, or explosive

shells, torpedoes, mines and rockets of similar characteristics or instruments or things to compress,

make, or use in connection with ammunition (Thailand, 1958a, sec. 3(2)).

Explosives , i.e. substances capable of exerting a strong and sudden pressure on their surroundings by

explosion when appropriately touched off or by the destruction of the explosive substance itself giving

rise to a destructive or killing force and includes fulminating substances or any other similar substance

used or made to give rise to an explosion as may be specified by the Minister in the Government

Gazette (Thailand, 1958a, sec. 3(3)).



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V. Private possession, carrying, and use

Every ASEAN country has a law or regulation governing the private ownership of small arms.

It is estimated t hat at least 55 per cent of the t otal num ber of small arms in circulation worldwide (550million) are privately licensed firearms (Sm all Arms Survey, 2001). T he ease with wh ich t he civilianpopulation can obtain small arms, coupled with t he q uan tity of arms legally dispersed, can exacerbat en ation al and regional proliferation problems. It is therefore essential to con sider legal con trols on pri-vately licensed firearms as an aspect of th e problem of small arms proliferation . Wit h in Sou th east A sia,every count ry has either a law or regulation governin g the licensin g of small arms for personal use toindividuals residing with in th e co un trys territory.

A two-step process determin es th e eligibility of applicant s for a firearm licence. First, app licants m ustsatisfy the general criteriapreconditions that must be met before they can apply for a licence.Secon dly, th ose person s wh o meet th e general criteria must also pass a set of requirement s at th e indi-vidual level. Th e Philippines is th e only count ry th at seems to h ave no general requiremen ts to be metprior to the application process, except that the applicant must be over 21 (UN, 1999c). All othercountries in th e region m aintain certain general preconditions.

In T h ailand, on e may only apply for a licence where t h e purpose is defen ce of person or property, hun t-ing, sports, or collection, and if th e applicant is at least 20 (T hailand, 1947a, secs. 9, 11; 2001). InMyanmar and Singapore, individuals must prove to the licensing authority that they justifiably feartheir security is threatened in order to apply for a licence for self-protection (Myanmar, 2000;Singapore, 2000). Similarly, Malaysia restricts the application process to those individuals who can

show very good reasons (as determined by the licensing authorities) for possessing a firearm(Malaysia, 2000a). Both Malaysia and Singapore also issue licences to members of shooting clubs,th ough t he arms must be kept in th e clubs armoury. In In don esia, licen ces are granted for private pos-session only to individuals who have reached a high-level position within their occupation, whethercivilian, civil servants, or th ose serving in th e military or police (In don esia, 2000). Similar rules applyin Cambodia and Laos, though in Cambodia no civilians are allowed to possess arms for any reason,th us leaving possession o pen on ly to upper-level civil servant s and m embers of th e military and policewho h ave reached th e rank of general or higher (C ambodia, 1999c, arts. 1213; Laos, 2000a; 2000b).In Brunei, private possession licences are on ly grant ed t o m embers of the military or police for goodreason, which includes sport shooting and collecting (UN, 1999c). Vietnam issues licences only forh un tin g (U N , 1999c). Laws in Brunei, Camb odia, Indon esia, Myanmar, an d Th ailand also specificallystate th at licences will not be issued to n on -citizens. A policy comparison is given in Table 3.

O wnership licences are grant ed by the licen sing auth ority followin g an application process. Individualrequiremen ts for being grant ed a licence vary from coun try to count ry (see Table 4). A ccording to th eU nited N ations International Study on Firearm Regulation(1998), as part of the application process, themajority of countries around t he world require proof of ident ity, references, trainin g certification , th epayment of a fee, a photograph, a mental health exam, and information on proposed storage, as wellas a background check for a criminal or domestic violence record. These requirements could thus beconsidered as norms for domestic licensing procedures worldwide. ASEAN countries often divergefrom th e intern ational n orm by having more complex requirement s. For example, in Th ailand, per-sons having no means of living or income, no fixed habitation, or who are of such grossly bad char-acter as to con stitute a danger to public peace are ineligible (Th ailand, 1947a, secs. 13(7) , 13(9)) . Inaddition to oth er conditions, Malaysia requires applicants to produce a bank statemen t an d documen tson land/property ownership in support of their application (Malaysia, 2001a).



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Laws relating to licensing for civilian possession often contain ambiguities subject to the interpreta-tion an d discretion of th e licensing agencies. In mo st cases, th is occurs in coun tries where th e not ionsof public order and nat ional security overlap. In M yanmar, individuals applying for a firearms licencemust be loyal citizen s to th e Stat e an d th e auth orities must be satisfied th at t he issuing of th e licencewould no t b e det riment al to ... the Stat es security, region al security, prevalence of law and order andth e observance of discipline (M yanmar, 2000). In a similar vein, M alaysian law states th at in dividu-als can be granted an arms licence only where this is without danger to the public safety or the pub-

lic int erest (M alaysia, 1960a, sec. 4(2) ).

Katherine Kramer


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Table 3. General preconditions for licence applications

Brune i Ca mbodia Indonesia La os M alaysia M ya nm ar Philippine s Singa pore Thailand Vietna m

Under 65 Over 18 Over 18 Over 21 20 or over Over 18

Good reason

Self-defence

Hunting

Sport shooting

Collection

Must be a citizen

Civilians

Civil servants

Military/police

Age requirement

Table 4. Criteria for being issued a licence

Brune i Ca mbodia Indonesia La os M alaysia M ya nm ar Philippine s Singa pore Thailand Vietna m

If over If overage 60 age 60

If overage 60

Shooting test

Medical exam

Medical history

Mental health exam

Good behaviour

Background check

No criminal record

No historyof domestic violence

Fee

Proof of Identity

Photograph

References

c.v.

Waiting period

Approved storagearrangements

situation unknown required not required

national requirement


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Most cou nt ries in t he region specify th at on ly certain t ypes of arms can be licen sed for private posses-sion (see Table 5). In general, pistols, rifles, and shot guns up to a certain calibre can be licensed.Ph ilippine law determin es wh o may possess a given t ype and calibre of firearm on th e basis of occupa-tion , social stan ding, and inco me level (Ph ilippines, 1987c, sec. 887) . Th ailand allows civilians to pos-sess only certain types of pistols and rifles (Thailand, 2001). Indonesia permits private ownership of n on -Indon esian m ilitary standard armsspecifically an ythin g below .32 calibrewhereas Myanmarscriterion is .38 calibre or less (In don esia, 1977, arts. 1(c) , 5(a)( 2); Myanm ar, 2000). Malaysia specifiesth at on ly single-sh ot arm s can be licensed (M alaysia, 1960a, sec. 5). Laos grant s licences for an y typeof non -military or military standard weapon . Th is includes th e licences issued to Laotian military andpolice person nel for carrying such arm s as required for duty ( Laos, 2000a; 2000b) . C ambod ia has a sim-ilar licensing process for their police and military personnel. However, it is further stipulated that



Page 9

Table 5. Categories of arms licensed for private possession

Brunei

Cambodia

Indonesia

Laos

Malaysia

Myanmar

Philippines

Singapore

Thailand

Vietnam

Not available.

Pistols can be licensed to senior civil servants (Cambodia, 1999c, art. 12).

Only arms which are non-Indonesian military standard (i.e., .32 calibre or less) can be licensed for per-

sonal use. '[I]f it is necessary ... certain government officials' can be licensed to own and/or use military

standard firearms and ammunition, which are 'temporarily borrowed' from the Department of Defence

and Security (Indonesia, 1977, art. 5).

Licences are issued for hunting guns as well as 'war weapons' (Laos, 2000a).

'No arms licence shall be granted or renewed for(a) a pump or repeating shot gun of any kind, unless

the magazine of the gun is so constructed or permanently plugged as to render it incapable of firing more

than one cartridge at each pressure of the trigger or, in the case of a double-barrelled gun, one cartridge

from each barrel; (b) an arm that is so designed or adapted that if pressure is applied to the trigger mis-

siles continue to be discharged until pressure is removed from the trigger or the magazine containing the

missiles is empty; (c) any arm of any description designed or adapted for the discharge of any noxious

liquid, gas or other thing; (d) any grenade or bomb or other like missile; (e) any ammunition containing or

designed or adapted to contain any noxious liquid, gas or other thing' (Malaysia, 1960a, sec. 5(1)).

The categories of firearms that can be licensed are: revolvers of .38 bore and less; pistols of .38 bore or

9mm and less; smooth barrel weapons of 12 bore and less; rifles of .22 bore; hunting rifles of large bore;

and air-guns (Myanmar, 2000).

Licences are issued for: .25 to .38 calibre pistols or revolvers; .45 calibre pistols or revolvers; high-pow-

ered or military-type rifles; .22 calibre pistols or revolvers; other .22 calibre firearms; low-powered rifles;and shotguns (Philippines, 1987c, sec. 887).

Licences are granted for pistols up to .32 calibre only (Singapore, 2001).

Categories of firearms that can be licensed to civilians are: firearms with rifled bores (less than 11.14mm

calibre); firearms with smooth bores (less than 20mm calibre/shotgun); semi-automatic guns and

revolvers (barrel length less than 160mm /shotgun/ .22 rimfire); firearms without silencers; and firearms

which do not use ammunition containing chemical, biological, fuel, and radiation substances (Thailand,

2001; 1979).

Only shotguns are allowed for personal use (UN, 1999c).


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members of th e Royal Cambodian A rmed Forces, G endarmerie, and N ational Police must h ave mis-sion and authorization papers for their weapons. Upon completion of an operation, the weapons mustbe returned and kept at t he con cerned unit (C ambodia, 1999c, art. 14). Indonesian law requires thosegovernmen t agencies auth orized to perform security and/or public order fun ction s to have licences for

th eir weapons (Indon esia, 1977, art. 3).

For purposes of private collection, Indonesia and Thailand require that the relevant arm should benon -operational (Indon esia, 1977, art. 5(c)( 2); Th ailand, 1947a, sec. 11). Th ai law specifically pro-h ibits th e discharge of firearms th at h ave been licensed as ant iques (T h ailand, 1947a, sec. 12).

In most countries, the licence to possess an arm also specifies the conditions and restrictions underwhich it may be carried and/or used. Cambodia, Malaysia, Myanmar, the Philippines, and Thailandrequire additional permit s to carry arms. For example, Myanm ar law states th at n o person can carry anarm without a licence or in a manner contrary to the provisions of the licence (Myanmar, 1878,sec. 13). In t he Ph ilippines, a special law applies during election tim e prohibitin g all ind ividuals,includin g the police and th e military, from carrying gun s outside th eir residence or military barracks,except those specially appointed by the election committee to uphold law and order within specificareas (Philippine Free Press, 1992) . Indon esia an d M alaysia proh ibit arms being discharged outside of designated shoot ing ranges, except in th e protection of life and propert y or when h un tin g with expresspermission. M alaysia recognizes an addit ional exem ption in favour of members of the armed forces andpolice officers engaged in the performance of their duties, along with individuals acting pursuant toauth orization granted un der wildlife protection laws (In don esia, 2000; Malaysia, 1960a, sec. 39).

The length of time for which a licence is valid differs. In Indonesia and Malaysia, licences are validfor one year (Indon esia, 1977, art. 10(b); Malaysia, 1960a, sec. 4(4)) . Laos and Singapore require a

renewal every two years (Laos, 2000a; Singapore, 1913b, rule 4), whereas licences in T hailan d arevalid for as lon g as th e person owns th e firearm, except in th e case of permits auth orizing th ecarryingof a firearm, which are valid for only one year (T hailand, 1947a, secs. 23(3), 23(7) ). In t hePhilippines, licences are valid until the death or legal disability of the licensee (Philippines, 1987c,sec. 889) .

VI. Identification and marking

Four out of ten ASEAN countries require licensed private small arms to have

a unique, distinguishing mark.

The marking of small arms with a unique identifier, such as a serial number along with a countryan d/or man ufacturers code, is con sidered an essent ial element in con trolling th eir proliferation . First,it facilitates inven tory cont rol. Second, it en ables an illicit firearm to b e traced t o its original source,giving an indicat ion of th e process by which it moved from legal origin to illegal tran sfer and use. O nlyIndo nesia, Malaysia, Singapore, and T hailan d specifically stat e th at a licen ce is granted for each armand that this arm must be uniquely marked with either a distinguishing number or identifier(Indon esia, 2000; Malaysia, 1960a, sec. 4(6); Singapore, 1913b, rule 6; Th ailand, 1947a, sec. 10;1947b, art. 3). If a unique mark is not found, the licensing auth ority is entitled to m ake one t hat ispermanent but does not damage the arm itself. Thailand further stipulates that all firearms must beara mark indicating the province of th e licensee and a registration n umber (T hailand, 1947b, art. 3).

Katherine Kramer


Page 10


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Page 11



VII. Ammunition and spare parts

Seven ASEAN countries either limit the amount of ammunition that an individual may possess at any t ime for their firearm and/or control spare parts.

A ccording to th e U N G roup of Experts on th e Problem of Ammun ition an d Explosives, attempts toaddress small arms and light weapons would be incomplete if they did not include due regard forammun ition (U N , 1999a, para. 11). With out ammun ition, a small arm is little more than a crudeclub. Limitin g availability an d access to am mun ition co uld th erefore reduce th e ph ysical danger posedby these weapons, though the perceived threat would remain. Just over half of Southeast Asian coun-tries limit th e amoun t of ammunition th at people can h ave in th eir possession at an y time. Thailandrequires individuals to obtain a permit to purchase ammunition for their licensed firearm. They canonly possess ammunition for the arm that is licensed to them. No ammunition can be held for collec-tors items (T hailan d, 1947a, sec. 12). In t he Ph ilippin es as well, one must h ave a permit for th e armitself and obtain a separate permit t o purchase ammunition for it. Th e accompanying chart indicatesth e amount of ammun ition allowed at any time (Philippines, 1987c, sec. 887).

In Malaysia, individuals may possess on ly 100 round s of ammu nit ionat any time per licence. The proportion of persons holding moreth an two t ypes of licen sed weapons is negligible (M alaysia, 2001a) .Indonesia is similar, allowing individuals who have an arm for self-defence up to 50 live ammunition rounds per pistol and 100 liveammunition rounds per rifle. Members of a shooting club may pur-chase up to 200 rounds of live ammun ition (Indon esia, 1977, arts. 5(a)( 2), 5(b)( 5); 2000). Singaporeh as th e lowest ammun ition limit (2 0 round s) allowed per pistol licensed for self-protection (Sin gapore,

2001) . In C ambod ia, licen ces to possess firearms also stipulate ho w much amm un ition is allowed to beheld at an y given time, as determined by the licensing authority (C ambodia, 1999c, art. 19). No coun-try requires an accounting of how ammunition has been used.

Spare parts are anot her import an t aspect. With en ough spare parts, a person can build or repair an armfor illicit p urposes. O nly Ma laysia, Myanm ar, an d Sin gapore include spare parts in t he legal definit ionof firearms, thus ensuring that components are controlled as if constituting a complete firearm. ThePh ilippine s is the on ly country th at specifically requires anyon e wishin g to deal in spare parts to h avea licence (Ph ilippines, 1995, sec. 1(a)( 3)).

VIII. Domestic transfers

Dom estic arms regulation s need to take in to accoun t several different kinds of transaction or t ransfer(see Table 6). T h e comm ercial business of buying and selling arms is con ducted bydealers. In th e pri-vate sphere, individuals licensed to own arms may want to purchase an arm, exchange one arm foranother, or relinquish orsell th eir arm. Licen sed owners may also wan t t orent out th eir arm,lend it toanoth er individual, orgive it to someone else (without remuneration). Finally, there is the question of what h appen s to legally owned arms/licences when th e licensed owner or dealer dies; for example, cansomeone inherit an arm/licence?

Dealers are licensed in Indonesia, Malaysia, the Philippines, Singapore, and Thailand (Indonesia,2000; Malaysia, 1960a, sec. 9; Philippines, 1987c, sec. 883; Singapore, 1913b, rule 13; Thailand,1947a, sec. 24; UN , 1999c) . Com mercial sales must be to ind ividuals licensed to possess arms. Dealers

S hotgu n of an y gau ge 3 00 rou nds Low- powered rifles 60 0 roun ds Rev olvers ( . 22 calibre) 30 0 roun dsPistols ( .22 calibre) 300 rounds A ll other f irearms 10 0 roun ds


19/38

are required by law to keep detailed records of their stock an d an y sales or exports. All records must bepresen ted or m ade available for inspection . Trade licences in th e Ph ilippines furth er specify the n um-ber of firearms the dealer is allowed to keep in stock. If dealers wish to exceed that limit, they mustapply for a n ew licence (Ph ilippin es, 1987c, secs. 883, 885) . A s well as requiring licen ces to sell and

possess arms, Brunei, M alaysia, th e Ph ilippines, Singapore, and T hailan d also require a licence to pur-chase arms or ammun ition (U N , 1999c; Malaysia, 1960a, sec. 11; Philippines, 1987c, sec. 887;Singapore, 1913b, rule 23; Th ailand, 1947a, sec. 7).

Some Southeast Asian countries, such as Cambodia, prohibit several types of domestic arms transfer(C ambodia, 1999c, art. 4). In Laos and Vietnam , private owners are prohibited from selling theirfirearms, though Laos permits licensed owners to transfer their weapons from one family member toanother as long as no money is exchanged (Laos, 2000a; 2000b; UN, 1999c). In Indonesia, individualowners may sell their arms, no licence required; however, th e arm must be kept at a police stat ion un tila transfer certificate is issued (Indonesia, 2000). In Myanmar, any person lawfully possessing an armand/or ammunition may sell these to another authorized person. If they sell to someone who is notauth orized, th ey must report th e sale to th e district magistrate ( Myanm ar, 1878, sec. 5). Malaysian lawstates that arm s or ammun ition can be sold or tran sferred to a ho lder of a valid licen ce once app rovalhas been granted by the authorities (Malaysia, 2001a).

In some parts of Southeast A sia, especially in rural areas, it is quite com mon within large, often po orfamilies for valuable goods or resources to be shared amon g family members. An arm would b e con -sidered an it em of value and th e owner would be expected t o share it with t h e rest of the family. Th esesocial value systems appear to be reflected in national legislation; arms control laws in Cambodia,Thailand, and Vietnam specifically address the question of renting, lending, giving, and/or inherit-ingeit he r by expressly forbidding such t ransfers or by requiring a licence (C ambod ia, 1999c, arts. 4,

18; Thailand, 1947a, sec. 64; 2001; UN, 1999c). Malaysia and Singapore prohibit these activities(M alaysia, 2001a; Singapore, 2001) .

Katherine Kramer


Page 12

Table 6. Regulations on domestic transfers

Brune i C am bodia Indone sia La os M alaysia M yanm ar Philippines Singapore Tha ila nd Vie tnam

Dealing

Selling

Purchasing

Exchanging

Renting

Lending

Giving

Inheriting

sit uat ion unknown allow ed wit h a licenc e p rohib it ed


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IX. Manufacture and repair

The manufacture of small arms and light weapons without a licence is prohibited in all ASEAN countries.

Most countries in ASEAN, with the exception of Cambodia and Laos, legally produce small arms(Small Arms Survey, 2001). In addition, illicit manufacturing of small arms occurs in a number of countries (e.g. the Ph ilippines). Man ufacturing arms with out a licence or ot her form of governm entpermission is prohibited in every ASEAN country. The manufacturing of arms falls under the directcontrol of the Ministry of Defence, the police, or the Ministry of Interior, even if the factory is pri-vately owned or operated. In the case of Malaysia, manufacturing firms are government owned, butoperated by a private company set up by the government (Malaysia, 2001a). Malaysian law specifiesth at a governmen t represent ative must be present at an y meeting of th e companys board. Th e man u-facturing licence specifies the type and quantity of products that can be manufactured, as well as thesecurity and safety measures th at m ust be followed (Malaysia, 1960a, sec. 9).

Malaysia, Singapore, and Thailand specifically require that manufacturers and repairers keep recordsof stock an d sales available for inspection ( Malaysia, 1960a, sec. 9(10) ; Singapore, 1913b, rules 14, 15;T hailan d, 1947b, art. 6). For example, Singapore requires th e following information:

t h e d at e t h e a rm wa s t ak en in t o st oc k;

the number of the import l icence or the name of the person from whom th e arm was purchasedor received;

a descrip tion o f t h e arm ;

the number of each type o f a rm t aken in to stock ;

th e date of sale;

the number o f the purchase o r export l icence; and

the quant i ty of arms sold or expor ted (Singapore , 1913b, rule 15) .

T he Sin gaporean licensing auth ority maintain s a similar record book. Inspection s are required by lawat least on ce per quarter (Singapore, 1913b, rules 17, 18). In T hailand, a mon th ly report must be sub-

mitted t o th e local registrar (T hailand, 2001).

Indo nesia, Malaysia, Singapore, and T hailan d also require licences for anyon e want ing to repair arms(Indon esia, 2000; Malaysia, 1960a, sec. 9(2); Singapore, 1913a, sec. 8(1)( d); Thailand, 1947a,sec. 24). O wners must take th eir firearms to licensed repairers and , for th e most part, the latt er areallowed to accept on ly licensed arms. In In don esia, th ose authorized to repair arms are th e same indi-viduals licensed to deal in arms (Indon esia, 2000). Malaysia and M yanm ar prohibit any alteration orcon version of arms without a licence or written governm ent permission ( Malaysia, 1960a, sec. 38(1) ;Myan mar, 1878, sec. 5). T his would include shorten ing a rifle barrel or convert ing an item n ot origi-n ally designed to b e a firearm into o ne.

T h e durat ion o f man ufacturers an d repairers licen ces varies by coun try. In Sin gapore, a licence is validfor two years, while in Malaysia the licence expires on the last day of the year (Singapore, 1913b,rule 13(2); Malaysia, 2001a).



Page 13


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X. Storage and packing

T he regulation of the storage and packing of small arms, ammunition, and explosives is frequently overlooked.

T he regulation of th e storage and packin g of small arms, ammu nit ion, an d explosives is importan t, no tonly for safety reasons, but also to ensure secure stockpile management. Inadequate stockpile man-agement can result in t heft, a loss of inven tory due to corrupt ion, an d a lack of baseline data. T his issueis frequen tly overlooked, as reflected in th e fact th at on ly seven of th e ten A SEAN coun tries men tionit in t heir laws, and t hen primarily in relation t o n on-governm ental h oldings (see Table 7). In fact,security regulations for governmental holdings of small arms and ammunition were found only forMalaysia.2 Malaysia and T hailan d are the sole coun tries foun d to hav e regulation s on t h e packagin g of firearms, ammu nit ion, an d explosives; Singapore has special requiremen ts for th e packaging of ammu-nition and explosives only (M alaysia, 1960a, sec. 16; Singapore, 1915, rules 2025; Th ailand, 1960,secs. 4, 6). Cam bodia is th e only country th at proh ibits th e storage of arms, amm un ition, or explosivesby civilians (C ambo dia, 1999c, art. 4). Brunei, In don esia, Malaysia, and Myanm ar regulate, to somedegree, the storage of small arms, whereas Singapore and Thailand address only the question of thestorage of ammu nit ion an d/or explosives (U N , 1999c; Indo nesia, 2000; Malaysia, 1923, rules 720;2001a; Myanmar, 1878, sec. 7; Singapore, 1915, rules 819; Thailand, 1947a, sec. 40). Th ai law, inparticular, prescribes the safe storage of material used in th e product ion of weapons, as well as th e placeof storage for man ufactured weapons (Th ailand, 1977d) . Th ailand is also th e on ly coun try that speci-fies that all arms and ammunition must be imported in separate packages without any other goodscon tain ed therein and specially marked (T hailan d, 1960, sec. 4). In Indon esia, all weapon s licensedfor the purposes of shooting and hunting must be kept at a shooting club and checked out for use(Indon esia, 2000).

Katherine Kramer


Page 14

Table 7. Regulations on storage and packing

Storage Packing

F

F A EF A

F A E F A E

F A

A E A E

E F A E

Brunei

Cambodia

Indonesia

Laos

Malaysia

Myanmar

Philippines

Singapore

Thailand

Vietnam

situation unknown F = Firearms A = Ammunition E = Explosives


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XI. Domestic transport

Seven ASEAN countries regulate the internal movement of small arms.

Provisions for monitoring the internal movement of small arms and ensuring that adequate securitymeasures are taken are important elements of small arms control. The majority of ASEAN countriesh ave regulation s governing th e int ernal mov emen t of small arms. For example, T hailan d requires writ-ten authorization from the Ministry of Defence in order to ship firearms, ammunition, or explosiveswith in th e country (T hailand, 1947a, sec. 70; 2001). Myanm ar law allows the governm ent to prohibitth e transport of arms and am mun ition within t he en tire country or any part th ereof (Myanm ar, 1878,sec. 10). Vietn am restricts th e movement of arms with in th e country (U N , 1999c). Cambodia placesresponsibility for the internal transport of arms, ammunition, and explosives fully with the offices of th e Min istry of Int erior or th e Min istry of Defence (C ambod ia, 1999c, art. 5). Similarly, arms orammunition in the Philippines must be shipped from Manila to the Constabulary Unit or relevantProvincial C omman der for delivery to th e con signee (Ph ilippines, 1987c, sec. 887). In Singapore, themovement of arms from the point of entry must be conducted under armed escort by a security firm,currently CISCO (Singapore, 2001). Additionally, the country has special rules governing the move-men t of explosives (Singapore, 1971). Malaysia also requires an escort t o mov e arms, ammun ition, orexplosives from on e place to an oth er; these items must be packed an d tran sported separately from allother items (Malaysia, 2001a).

XII. Import and export

All ASEAN countries have laws governing the import and export of small arms.

The importation of small arms can exacerbate the problems associated with their proliferation, espe-cially in cases where the arms are diverted from intended legal end users or in cases where the coun-try is already overflowing with arms. Adopting tight controls and making responsible decisions withrespect to th e import an d export of small arms can h elp address the problem. All A SEAN countriesregulate th e import an d export of small arms. In Vietnam , import and exp ort by civilians are both pro-hibited (UN, 1999c). In Brunei, Malaysia, Myanmar, Singapore, and Thailand, import and exportlicences are issued to businesses or civilians (U N , 1999c; Malaysia, 1960a, sec. 15; Myanm ar, 1878,sec. 6; Singapore, 1913a, sec. 8(b); Th ailand, 1947a, secs. 1520, 3032). Thai law prohibits th eexport or transit by civilians of a wide range of designated arms, ammunition, and war materials(T hailand, 1953b, sec. 3). In Indonesia and th e Ph ilippines, only licensed dealers may import weapons



Page 15Table 8. Regulations on domestic transport

Domestic transport

F A E

F A E

Domestic transport

F A EF A

F A EF A E

F

Brunei

Cambodia

Indonesia

Laos

Malaysia

Myanmar

Philippines

Singapore

Thailand

Vietnam

situation unknown F = Firearms A = Ammunition E = Explosives


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(Indon esia, 1977, art. 7(b); Ph ilippines, 1995, sec. 2(a)( 1)). In donesia law further specifies th e portsat which import and export may occur, whereas Malaysian law merely empowers the government toimpose such restrictions if it wishes (In don esia, 1977, art. 7(f); Malaysia, 1960a, sec. 20).

Cam bodian an d Laotian law expressly prohibit th e importation of arms by anyone oth er than th e gov-ernm en t (C ambod ia, 1999c, art. 5; Laos, 2000b) . In addition, Laos bars civilians from exportin g arms(Laos, 2000b). Myanmar recognizes an exception to its normal requirement of an import/exportlicence where in dividuals import or export arms (other t han cann on) or ammun ition .. . in reasonablequantities for ... private use(Myanmar, 1878, sec. 6). Singapore, the largest arms producer in th eregion, tightly controls the import and export of arms. Singaporean companies must even havelicences to import an d export arms and amm un ition t o be displayed at trade shows (Singapore, 2000).Licensed dealers applying for a perm it t o impo rt specific arms must in dicate:

th eir n umber;

t heir descript ion ;

th eir calibre;

t heir m an ufact urer;

the name of the vesse l on which they wi ll a rr ive;

the probable ar rival da te of the vesse l; and

whether the arms are for stock or t rans-shipment (Singapore , 1913b, ru le 7) .

Applications for export licences must contain similar information, including the country of destina-tion (Singapore, 1913b, rule 11).

T he validity of import/export licences also varies. In Sin gapore, an import licen ce is valid for 14 daysafter th e arrival or unloadin g date (Singapore, 2001). In In don esia, th e licence is valid for six mon th s,and in T hailand for one year (Indon esia, 1977, art. 10(a); Th ailand, 1947a, sec. 36).

Katherine Kramer


Page 16

Table 9 . Import/ export regulations pertaining to civilians

Import Export

Brunei

Cambodia

Indonesia

Laos

Malaysia

Myanmar

Philippines

Singapore

Thailand

Vietnam

sit uat ion unknown allowed wit h a licenc e p rohib it ed


24/38

XIII. International restrictions

Only three ASEAN countries refer to international restrictions on the transfer of small arms in their domestic arms control laws.

Currently, the only international restrictions governing small arms transfers that apply to SoutheastA sian coun tries are UN arms embargoes. C ompliance with internation al embargoes preventing th eflow of arms to conflict areas is essential to their success and effectiveness. Often these measures areundertaken to dampen th e level of conflict and its devastating impact on non -combatants. Count riesthat comply with UN arms embargoes demonstrate their willingness to meet international obligationsand act responsibly. Laws in Malaysia, Singapore, and Thailand refer to international restrictions onsmall arms tra n sfers.In Malaysia:

(1) Th e Min ister may, from time to time, by notification in t heGazette, prohibit for a period to bespecified in t he n otification th e exportation of any arms or ammun ition or parts of arms or of particular kinds of arms or ammunition or parts of arms without a special permit signed by him-self.

(2) Any such prohibition of exportation may either be absolute or may relate to such place or placesas shall be specified in the notification; and any person who takes or sends any article out of Malaysia by sea, land or air with the intention that it shall ultimately reach a particular placeeither directly or indirectly shall, for the purposes of this section, be deemed to export the armsor ammunition to th at place (Malaysia, 1960a, sec. 21).

Th us, a notice by the M inister would appear in th eGazette (t h e legal journal where all laws an d reg-ulations are printed) prohibiting the export of arms or ammunition to a country facing a UN armsembargo. Singaporean law grants export licences subject to any conditions which may from time totime be imposed in respect to the export of guns or arms to other countries (Singapore, 1913b,rule 12). T h e licensing auth ority in Singapore, th e Arm s and Explosives Branch , processes applica-tions for export in consultation with the Ministry of Foreign Affairs and the Trade DevelopmentBoard, which advise the licensing authority as to whether the requested export will adversely affectSingapores foreign p olicy or if th e destination coun try is un der active U N embargo (Sin gapore, 2001).Thai law provides for the control of the export and in-transit movement of arms for the purpose of safeguarding ... int ernat ional peace and security (T h ailand, 1952, sec. 3).

XIV. Inspect ions and searches

Six ASEAN countries recognize in law the right of authorities to conduct searches/inspections if they have just cause.

Provisions for inspections and searches are important in monitoring and enforcing stockpile manage-men t an d domestic arms cont rol laws. Regular inspection s can decrease th e probability of diversion of stocks into the illicit market and help ensure that licence holders are meeting their obligations.Malaysia, Singapore, and Thailand provide for the regular inspection of firearms and ammunitionstocks held by man ufacturers and dealers (Malaysia, 1960a, sec. 12(4); Singapore, 1913b, rule 14;T hailan d, 1947a, sec. 28). Malaysian an d Philippine law require annu al inspection s of privately h eldweapons (M alaysia, 2001a; Philippines, 1987c, sec. 897). T he Cam bodian M inistry of Interior and th e



Page 17


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Page 18

Katherine Kramer


Min istry of Defen ce are responsible for in spectin g all weapons and explosives with in th eir jurisdiction(C ambodia, 1999c, ch. 2, arts. 67). Myanmar law stipulates th at th e authorities can conduct, at an ytime, a census on t he n umber of firearms in an y locality (Myanm ar, 1878, sec. 32).

A few countries recognize in law the right of authorities to conduct searches if they have just cause.T hailan d is on e example (T h ailand, 2001). In M alaysia, most searches and subsequent arrests must bemade with a warrant. Exceptions include cases where an individual or vehicle is not on private prop-erty or where a person carrying arms or ammunition behaves suspiciously (Malaysia, 1960a,secs. 4756) . In Myanm ar and Sin gapore, search es an d subsequent arrests may be made without a war-rant ( Myan mar, 1878, sec. 25; Singapore, 1913a, secs. 3139) . In M alaysia and Myanm ar, the law alsopermits citizen arrests in cases where the relevant individual is intent on using arms for an unlawfulpurpose ( Malaysia, 1960a, sec. 54; Myanmar, 1878, sec. 12).

XV. Demobilizat ion and reintegrat ion

Without carefully planned post-conflict demobilization and reintegration, the risk of small armsremaining in circulationwhether in the possession of ex-combatants or in the black marketishigh. Even though all countries in the region, with the exception of Singapore, are facing or havefaced armed in surgencies, no laws or regulations pertainin g to th e demob ilization an d reint egration of ex-combatants were found.

XVI. Collect ion and destructionOnly four ASEAN countries have made provision for the collection

and dest ruction of weapons.

Only four countries in the region (Cambodia, Malaysia, the Philippines, and Thailand) have madeprovision for the collection and destruction of weapons, whether with or without compensation.T hailan d h as offered a n umber of amn esties in wh ich in dividuals in po ssession o f unlicensed firearmscould either licence t heir arms or turn th em over without prosecution within 90 days of th e acts entryinto force (T hailand, 1948, sec. 3; 1958a, sec. 9; 1967, secs. 57; 1975, sec. 5). Th e most recentamn esty, in 1992, gave people 60 days to t urn over firearms, ammu nit ion, an d explosives proh ibited

by law (T hailand, 2001). T hrough a 1980 Presidential Decree, the Philippines offered an am nesty inwhich unauthorized firearm holders could surrender their arms to the government without incurringcriminal liability (Philippines, 1980, sec. 1). In a more recent endeavour, the Cam bodian governm entestablished a C ommission on th e C ontrol an d C onfiscation of Weapon s for th e purpose of launch ingmobile collection o peration s, con fiscation , and ot h er measures to preven t an d to suppress free shoot-ing in Ph nom Penh and th e count rys provinces and mun icipalities (C ambodia, 1999b). Both th ePhilippines and Cambodia provided compensation to individuals turning over weapons. A collectionprogramme conducted in the state of Sarawak in Malaysia compensated owners for licensed armshan ded over to t he authorities (M alaysia, 2001a).


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X VII. Re gist ers

Six ASEAN countries keep national arms registers, of which four are computerized.

National registers are essential to keep track of licensed ownership, production, and trade, and areespecially useful for tracing confiscated illicit weapons to their point of origin. Registers should becomprehensive and easily accessible. Brunei, Indonesia, Malaysia, the Philippines, Singapore, andT hailan d keep n ation al registers of all licen ces issued ( U N , 1999c; Malaysia, 2001a; Singapore, 2000;Thailand, 2001); however, only Brunei, Singapore, and Thailand keep these records in computerizedform. M alaysia h as begun to establish a compu terized n ation al arms register. As of Janu ary 2001, 80 percen t of its arms licences had been comput erized (M alaysia, 2001a).

XVIII. Exemptions

In order to ensure maximum effect and prevent possible loopholes for exploitation, exemptions ton ation al arms con trol laws and regulation s should be kept t o a min imum. Exemption s provided for inA SEAN coun try legislation include: members of armed forces an d police forces in th e performan ce of th eir duties; licensed dealers, repairers, man ufacturers, and t raders of arms and am mun ition and th eiremployees, in th e con duct of business; and th e m anu facture, possession , use, storage, sale, tran sport,import, or expo rt of arms and explosives by govern men t order.

XIX. Explosives Most ASEAN countries address explosives in the same laws that deal with small arms and light weapons.

With the increased use in Southeast Asia of Improvised Explosive Devices (IED), including home-made bombs and landmines, the control of both military and industrial explosives has become criti-cal. When controls are lax, explosive materials are easily obtained. Non-state actors can make theseexplosives into landmines or bombs, often with the intent of causing casualties and suffering amongthe civilian population. Cambodia, Myanmar, the Philippines, Singapore, and Thailand regulateexplosives in the same laws in which they deal with small arms. Indonesia and Malaysia are the onlycountries that have separate laws regulating explosive substances (Indonesia, 2000; Malaysia, 1923;1957). In Th ailand, th e Min ister of the In terior and th e Min ister of Defence m ust approve licences toman ufacture, import, an d use explosives. Th e tran sport of explosives with out written auth orization isalso proh ibited (T hailan d, 1947a, secs. 38, 43; 2001). Th ailand also regulates th e storage of explosives(Thailand, 2001). Indonesia, Malaysia, and Singapore have established special safety regulations forexplosives man ufacturing (In don esia, 1910; 1927; 1970a; 197 0b; 1972; 1994b; M alaysia, 1923; 1957;Singapore, 1915). In addition, Indonesia seeks to limit the environmental impact of explosives, forexample in fisheries, and also requires manufacturers to submit to environmental testing (Indonesia,1941, art. 5(3) ; 1985, art. 6, para. 1; 1994a). Singapore also makes special provision for the storage andmovemen t of explosives with in t he country (Singapore, 1971). N o information pertaining to explo-sives was foun d with respect t o Brunei, Laos, and Vietnam .



Page 19


27/38

XX. Penalties

Penalt ies for infractions of arms control regulations vary widely and often reflect the countrys history in dealing with insurgencies.

Pen alties for infractions of arms control laws promote co mpliance with state regulations. Stiff penal-ties increase the opportunity cost for individuals otherwise inclined to break the law and, in the caseof cross-border arms smuggling, often force the relevant business to move to areas where the risk islower. Some ASEAN countries describe in detail the types of penalties to be imposed for particularinfractions, wh ile others are less specific. Table 11 provides a rough co mparison. In t h e Ph ilippines,the severity of punishment increases depending on the type of arm involved (Philippines, 1997b).Malaysia and Sin gapore, both kn own for their h eavy penalties for arms control violation s, also pun ishindividuals found to be in association with persons committing firearms violations or other crimesinvolving a firearm (M alaysia, 1971, secs. 3(a), 9; Singapore, 1974, secs. 5, 7). It is also possible toapply more than on e law or act in senten cing. Th is is especially true when th e infraction is a violationof th e Penal C ode and involves a firearm. Hence, in the case of illegal firearms possession in Malaysia,th e provisions of th e In ternal Security A ct 19 60 (A ct 82)and the Firearms ( Increased Penalties) A ct 19 71( A ct 3 7) could be applied ( Malaysia, 2001a).

Penalties often reflect a countrys history in dealing with insurgents. Most notorious in this respectwere the penalties outlined inPresidential Decree N o. 1866 of the Philippines. For the unlawful man-ufacture, sale, acquisition, disposition, or possession of firearms or amm un ition, th e decree imposed apenalty of reclusion temporal (1220 years imprisonment) orreclusion perpetua (30 years to life impris-on men t) . If, however, th ese infractions were committ ed in con n ection with crimes of rebellion , insur-rection or subversion, it imposed the deat h pen alty (Philippines, 1983, sec. 1).3

Thailand prohibits the manufacture, assembly, repair, transformation, importation, or possession of firearms, ammunition, or explosives without a licence. In case of a violation, the punishment is110 years imprisonmen t an d/or a fine n ot exceeding 20,000 baht. In cases exceeding th e auth ority of th e Registrar ( i.e., con cernin g firearms that civilian s cann ot lawfully possess), offen ders receive 2 years

Katherine Kramer


Page 20

Table 10. Specific laws regarding explosives

Possess Use Buy/Sell Import/Export Manufacture Store Transport

Brunei

Cambodia

Indonesia

Laos

Malaysia

Myanmar

Philippines

Singapore

Thailand

Vietnam

situation unknown Licence or official government authorization required


28/38

to life imprisonmen t, or 20 years to life imprisonmen t if the case involves trading or selling. Furth er,if such firearms are used in violation of thePenal Code, offen ders could be sen ten ced to life imprison-men t or capital punishm ent (T hailand, 1947a, sec. 73; 2001). In Vietnam , penalties are more severewhen th e relevant action is conducted by or for a group (U N , 1999c).


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Katherine Kramer


G e n e r a l p e n a l t y

V i o l a t i o n o f

l i c e n c e

I l l e g a l p o s s e s s i o n

U n a u t h o r i z e d c a r r y i n g

o f a r m s

T r a d i n g i n a r m s /

a m m u n i t i o n

w i t h o u t a

l i c e n c e

P r o v i d i n g / s e l l i n g

a r m s / a m m u n i t i o n t o a n

u n l i c e n s e d i n d i v i d u a l

P u r c h a s i n g / a c c e p t i n g

a r m s / a m m u n i t i o n

w i t h o u t a l i c e n c e

S t e a l i n g a r m s /

a m m u n i t i o n

M a n u f a c t u r i n g

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R e p a i r i n g / t r a n s f o r m i n g

a r m s w i t h o u t a l i c e n c e

T a m p e r i n g , d e f a c i n g

,

c h a n g i n g

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30/38



Page 23

I m p o r t i n g / e x p o r t i n g

w i t h o u t a l i c e n c e

T r a n s p o r t e r o f i l l e g a l

s h i p m e n t

U s e i n v i o l a t i o n o f t h e

P e n a l C o d e

o r s c h e d u l e d

o f f e n c e

I n j u r y w i t h o u t l a w f u l

e x c u s e

I n p o s s e s s i o n o f a n a r m

a t t i m e o f c o m m i t t i n g a

s c h e d u l e d o f f e n c e

C o n c e a l i n g / k e e p i n g a r m s

,

a m m u n i t i o n

, o r e x p l o s i v e s

D a m a g e t o g o v e r n m e n t -

o w n e d a r m s / e x p l o s i v e s

b y c a r e l e s s n e s s

D r u n k a n d d i s o r d e r l y

c o n d u c t w i t h a n a r m

L o s s o r t h e f t o f l i c e n c e o r

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3 y e a r s

a n

d / o r

2001 08 OP3 Legal+Control+Small+Arms+Southeast+Asia

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Transcript of 2001 08 OP3 Legal+Control+Small+Arms+Southeast+Asia