UGANDA NATIONAL POLICY ON FIREARMS, AMMUNITION AND INCIDENTAL MATTERS

JUNE 2010

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Acronyms

AMAD Arms Management and Disarmament CommitteeCFR Central Firearms RegisterCSO Civil Society OrganizationDFO Designated Firearms OfficerDTFs District Task ForcesGoU Government of UgandaIDP Internally Displaced PersonsLDU Local Defence UnitsMFR Military Firearms RegistryNAP National Action PlanNFP National Focal PointNGO Non-Governmental OrganizationNSC National Security CouncilPDC Policy Drafting CommitteePEAP Poverty Eradication Action PlanPSO Private Security OrganizationRECSA Regional Centre on Small ArmsRTFs Regional Task ForcesSALW Small Arms and Light WeaponsUN United NationsUPDF Uganda People’s Defence ForceUPF Uganda Police Force

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Definitions

“ammunition”, means the complete round or its components, including cartridge cases, primers, propellant powder, bullets or projectiles, that are used in a small arm or light weapon.

“antique firearm” includes all firearms manufactured before the 1st day of January 1899, that were not designed to discharge rim-fire or centre-fire ammunition, and which have not been redesigned to discharge rim fire or centre fire ammunition.

“broker” is a person who acts-

(a) for a commission, advantage or cause, whether pecuniary or otherwise to facilitate the transfer, documentation and / or payment in respect of any transaction relating to the buying or selling of small arms and light weapons; or

(b) as an intermediary between any manufacturer, or supplier of, or dealer in small arms and light weapons and any buyer or recipient thereof.

“brokering” means acting:

a) for a commission, advantage or cause, whether pecuniary or otherwise;

b) to facilitate the transfer, documentation and / or payment in respect of any transaction relating to the buying or selling of small arms and light weapons; or

c) as intermediary between any manufacturer, or supplier of, or dealer in small arms and light weapons and any buyer or recipient thereof.

“dealer” means a person that has been authorized by a competent authority to trade, buy and sell small arms, ammunition and other related materials.

“end-user” means the person or institution identified by the competent authority as the designated user of transferred SALW, ammunition or other related materials.

“export” means to send or transport arms, their components, ammunition and other related material abroad, especially for trade, sale or use.

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“firearm accessories” means bullet proof jackets, silencers, flash breakers, telescopic sights, re-loading equipment, and magazines additional to those issued with the firearm.

“gunsmith “ means any person that repairs, refurbishes, customizes, custom builds, adapts, modifies, assembles or deactivates a firearm but does not include manufacture

“illicit manufacturing” means the manufacturing or assembling of small arms and light weapons:

(a) from parts and components illicitly trafficked;

(b) without a licence or authorisation from the Central Firearms Registry;

(c) without marking the small arms and light weapons at the time of manufacture, in accordance with the terms of this Policy.

“illicit trafficking” means the import, export, acquisition, sale, delivery, movement or transfer of small arms and light weapons from or across the territory of Uganda to that of another country if any one of the countries concerned does not authorise it or if the small arms and light weapons are not marked.

“imitation firearm” means anything that has the appearance of a firearm but is not capable of operating as such and cannot by superficial examination be identified as an imitation.

“import” means to bring or carry in arms, their components, ammunition and other related material from a country outside of Uganda for trade, sale or use in Uganda.

‘licence” means an official document issued in terms of the relevant legislation conferring upon the holder certain rights and duties.

“light weapons” shall include the following portable weapons designed for use by several persons serving as a crew: heavy machine guns, automatic cannons, howitzers, mortars of less than 100 mm calibre, grenade launchers, anti-tank weapons and launchers, recoilless guns, shoulder-fired rockets, anti-aircraft weapons and launchers, and air defence weapons.

“manufacturer” means a person that has been authorized by the Central Firearms Registry to manufacture small arms, ammunition and other related materials.

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“marking” means the inscription of a permanent unique identifying alpha-numeric mark on the metal part of a SALW or ammunition.

“other related materials”, meaning any components, parts or replacement parts of a small arm or light weapon, that are essential to its operation.

“permit” means an official document conferring short-term permission to carry out the specific act or transaction specified by that permit or to be in temporary possession of a firearm as specified by the proposed Act (e.g. to import a specific consignment of weapons).

“replica firearm” means a firearm that is an exact and fully functioning copy of a model of firearm which is no longer commonly manufactured.

“small arms” means firearms designed for personal use and include light machine guns; sub-machine guns, including machine pistols, fully automatic rifles and assault rifles, and semi-automatic rifles and related materials.

“firearms”, means

(a) any portable barrelled weapon that expels, is designed to expel or may be readily converted to expel a shot, bullet or projectile by the action of an explosive, excluding antique firearms or their replicas; or

(b) any other weapon or destructive device such as an explosive bomb, incendiary bomb or gas bomb, grenade, rocket launcher, missile, missile system or mine.

“tracing” means the systematic tracking of small arms and light weapons from manufacturer to end-user for the purpose of assisting the competent authorities of Uganda in detecting, investigating and analyzing illicit manufacturing and illicit trafficking.

“transfer” means the re-allocation, shipment or other movement of firearms across national boundaries and may involve -

(a) a commercial sale, direct from company;(b) a brokered sale, through a dealer;(c) military aid, free gift of a government; or(d) government sales of surplus equipment.

“transit” means the act of passage, or passing over, across, or through. In this case, the movement of arms, their components, ammunition and other related material from one origin country to destination/recipient country via a third (or more) transit country.

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“transport” means to carry or convey from one place to another a commodity (such as arms, their components, ammunition and other related material) within Uganda.

UGANDA NATIONAL POLICY ON THE CONTROL OF FIREARMS, AMMUNITION AND OTHER RELATED MATERIALS

1. INTRODUCTION

1.1 The Policy on firearms will serve to strengthen the practical, legal and regulatory frameworks to prevent and tackle the problem of the proliferation and misuse of firearms in Uganda, and will enable Uganda to comply with the commitments of the regional and international small arms control agreements to which it is a party.

1.2 In 2001, the Government of Uganda established a National Focal Point (NFP) - an inter-departmental committee that includes representatives of civil society and is mandated to coordinate national action on firearms control. In 2002-03, the NFP, with support from civil society partners, undertook a national assessment or ‘mapping’ of the firearms problem in Uganda. The assessment aimed at identifying the exact nature and extent of the problem across the country, as well as the level of capacity to address it.

1.3 The national assessment was conducted through workshops with local government and law enforcement agencies in each police administrative region of Uganda; a law enforcement agency survey; a questionnaire administered to a cross-section of the population across the country; and workshops with civil society organisations. The national assessment also analysed existing legislation, regulations and procedures on firearms control, as well as national frameworks and policies on development, conflict and security. The assessment recommended the development of a national Policy as a priority to provide a clear and comprehensive national Policy framework to address the full spectrum of issues related to firearms identified by the assessment, and to provide a basis for the review of national legislation, regulations and administrative procedures governing firearms.

1.4 On 6th November 2003 the National Security Committee (NSC) mandated the Uganda National Focal Point to develop a National Policy and proposals for the review of legislation on firearms in line with the recommendations of the national mapping exercise and submit to the NSC for consideration.

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1.6 In 2005 the National Focal Point created the Policy Drafting Committee (PDC) with the mandate to draft the Policy document, facilitate consultations, edit the draft and incorporate comments from consultation process, and prepare the final draft for submission to NSC and subsequently to Cabinet. Membership of Policy Drafting Committee consisted of representatives from Police, Uganda Peoples Defence Forces (UPDF), Internal Security Organisation (ISO), External Security Organisation (ESO), Ministry of Justice and Constitutional Affairs (including First Parliamentary Council, Uganda Law Reform Commission), Ministry of Foreign Affairs, Office of the Prime Minister, Customs Department of Uganda Revenue Authority, Immigration Department of the Directorate of Citizenship and Immigration, and civil society organizations (People with Disabilities and Ugandan Joint Christian Council)

1.7 The Policy was developed through a process of broad consultation with a range of stakeholders including government and law enforcement officials, representatives of business and industry (including the arms industry and private security industry), sports and hunting clubs, and civil society representatives. This consultation process has served to raise awareness on the issue of firearms and the development of the national Policy. It has also provided stakeholders with an opportunity to input into the contents of the Policy, thus ensuring that the Policy reflects the needs and priorities of a range of stakeholders and accurately reflects the needs and context within the country.

1.8 The Policy encompasses measures established by the international and regional protocols and declarations on small arms and light weapons (SALW), namely, UN Programme of Action, Bamako Declaration, Nairobi Declaration, and Nairobi Protocol.

1.9 The Policy also encompasses guidelines for harmonisation of legislation adopted by the states signatory to the Nairobi Declaration and Nairobi Protocol, to ensure national systems which are compatible across the region and which reduce the possibility of criminals exploiting variations in the legal and regulatory systems in different countries.

1.10 In the process of developing this Policy, the PDC prepared “Guidelines for Development of National Policy and Review of Legislation on Firearms and Ammunition”, which is a structured technical document that deals with many technical issues and consists of detailed guidelines and recommendations that informs this Policy. These Guidelines will also provide the technical material and the basis for the review of legislation, regulations and administrative procedures governing firearms control and management that is to follow from this Policy.

1.11 This narrative document reflects accurately the contents of the Guidelines but approaches the issues in a less technical manner in both

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language and content. This makes it a narrative Policy document that is easier to read and understand by persons not completely conversant with the topic. The Guidelines, on their part, remain a technical source of reference which should be read together with this Policy for more in - depth understanding of the technical issues that form this Policy.

1.12 The Policy provides the opportunity to deal with all the issues that might impact upon the problem in a manner that allows discussion and an explanation of the steps to be taken. In this regard, a comprehensive Policy will facilitate the drafting of legislation that reflects all issues that need to be dealt with in a singular document.

1.13 The implementation of this Policy will take place primarily through the enactment of legislation that covers the issues dealt with in the Policy. To the extent that a number of the provisions in this Policy arise from Uganda’s commitments under the regional and international instruments. This Policy establishes a mechanism through which to ensure that these are reflected in a domestic Policy and legislation that will carry the weight of criminal and administrative sanction in the event of a failure to adhere to the provisions of the Policy.

1.14 The Policy provides a clear and comprehensive national framework on firearms, ammunition and explosives. This Policy provides guidelines that will contribute to the prevention, control and management of the proliferation, illicit possession and abuse of firearms. It addresses the full spectrum of issues relating to firearms and provides the basis for the review of national legislation, regulations and administrative procedures governing firearms.

2. BACKGROUND

2.1 NATURE OF THE PROBLEM OF PROLIFERATION OF SALW

2.1.1 The availability and abuse of firearms throughout the world presents a serious threat to peace, security and development. It is internationally accepted that Africa is the continent most affected by the scourge of illicit firearms. The vast majority of today’s armed conflicts are fought with these firearms. Firearms are also widely used in the commission of violent crime such as murder, robbery, car hijacking and cattle rustling, contributing to a general sense of insecurity amongst the population. In turn the climate of insecurity serves to undermine economic development by restricting freedom of movement and access to services and opportunities for income generation. Scarce resources that should be used for poverty alleviation, primary health care and education have to be channeled towards dealing with the problem.

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2.1.2 Uganda is no exception. The uncontrolled and widespread proliferation of firearms in Uganda has had a devastating impact. Whilst firearms do not create conflict, in Uganda their availability has served to intensify or prolong armed conflict and undermine traditional mechanisms of conflict prevention and resolution. The primary tools of violence in the conflict with the Lord’s Resistance Army and in the ongoing instability and violence in Karamoja, two of Uganda’s most pressing security concerns, are firearms. In urban and rural settings across the country firearms are also commonly used in the commission of violent crime such as armed robbery, thus contributing to the loss of assets and property, as well as to rising levels of insecurity. The spectre of terrorism also looms in the sub-region, as terrorist attacks in Kenya and Tanzania have illustrated all too starkly. Illicit trafficking in firearms can be used by terrorist networks as a means of generating income, and firearms have also been used in the commission of terrorist acts.

2.2 REGIONAL RESPONSE

2.2.1 There is a growing recognition globally of the dangers of firearms proliferation and of the need for international action to address both the demand for and supply of firearms. This has resulted in the agreement of a number of international instruments on firearms control. The most significant of these are the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons (SALW) in All Its Aspects, 2001 (UN PoA), and the UN Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, 2001 (the UN Firearms Protocol). Uganda is a signatory to the UNPoA, which is a politically binding agreement and has signed and ratified the legally binding UN Firearms Protocol.

2.2.1 At the regional level, states in the Great Lakes and Horn of Africa have recognized the need for strong action to address the devastating impact of firearms proliferation associated with the history of protracted conflicts in the region. They have, therefore, developed and signed a number of regional agreements on firearms control that complement the international agreements, whilst addressing the specific nature of the firearms problem within the region. There are three regional agreements that apply to the Great Lakes and Horn of Africa: The Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of SALW, 2000; the Nairobi Declaration on the Problem of the Proliferation of Illicit SALW in the Great Lakes Region and Horn of Africa, 2000; and the Nairobi Protocol for the Prevention, Control and Reduction of SALW in the Great Lakes Region and Horn of Africa, 2004. Uganda has signed all three agreements, and also ratified the legally binding Nairobi Protocol.

2.2.2 Uganda played a leading role in the drafting of these agreements, and is also very actively supporting efforts at the regional level to promote their

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effective implementation. These efforts include the development of regional mechanisms to enhance concerted action. They also include the adoption of best practice guidelines establishing common minimum standards in approaches, contained in “Guidelines for Regional Harmonization of Legislation on Firearms and Ammunition” agreed in Nairobi (2005), under which member states to the Nairobi Declaration commit to incorporate in their national policies and laws provisions promoting legal uniformity and minimum standards regarding the manufacture, control, possession, import, export, re-export, transit, transport and transfer of small arms and light weapons. States can use these guidelines as a means to develop national systems which are compatible and which reduce the possibility of criminals exploiting variations in the legal and regulatory systems in different countries.

2.3 RESPONSE OF THE GOVERNMENT OF UGANDA TO THE PROBLEM

2.3.1 As noted above, in 2001, the Government of Uganda (GoU) established a National Focal Point (NFP) that undertook a national assessment or ‘mapping’ of the firearms problem in Uganda. Based on the findings of the national assessment as well as the commitments contained within the international and regional firearms control agreements to which Uganda is party, the GoU developed a National Action Plan on Small Arms Control (NAP). The NAP was formally approved in June 2004 and publicly launched in September 2005. The NAP is an over-arching framework for all national action on firearms control. The need to develop a new national Policy on firearms control is highlighted as a priority within the NAP, as is the need to review and revise or replace, if necessary, existing legislation on firearms control.

2.3.2 The NAP recognizes that due to the multi-dimensional nature of the firearms problem, a comprehensive and integrated response is needed. Therefore, in addition to calling for the review of Policy and legislation, the NAP outlines action to be taken on a range of other areas. These include: (a) Establishing and strengthening relevant institutional frameworks and

bodies;(b) Stockpile management;(c) Record-keeping; (d) Firearms collection and destruction; (e) Developing socio-economic alternatives to illegal firearms use;(f) Improving police-community relations;(g) Strengthening peaceful conflict resolution mechanisms;(h) Public education and awareness-raising; strengthening capacity of law

enforcement agencies, civil society and other bodies and agencies;(i) Border control and international and regional co-operation;(j) Training and capacity building of law enforcement agencies;(k) Cooperation with civil society.

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2.3.3 The national assessment on the firearms problem in Uganda found that the proliferation and misuse of firearms is a significant factor in Uganda, which is contributing to the following problems:(a) Illicit civilian ownership of firearms, including military style weapons such

as sub-machine guns, which, for example, were reported to have been used in two-thirds of firearms related crimes in the Eastern region;

(b) Armed crime, including assault, robbery, kidnap, hijacking and murder. For example, in the North-Eastern (Karamoja), Mid-Eastern and Kampala regions, more than half of those law enforcement officials questioned reported that the use of firearms in the commission of crime was common in their regions;

(c) Public perceptions of insecurity within communities (for example, 68% of respondents to the questionnaire reported feeling ‘concerned or very concerned’ about their safety, and respondents in the North-Eastern, Northern and Mid-Eastern regions of the country were particularly concerned in relation to their safety and security;

(d) Armed conflict in Northern Uganda, contributing to poverty, underdevelopment, social exclusion; internal displacement, refugees, child abduction, and food insecurity. This conflict has impacted not only on the North of the country; associated violence and displacement have also affected the North-Eastern and Mid-Eastern regions;

(e) Armed conflict associated with cattle rustling and competition over resources in North-Eastern Uganda (Karamoja). This conflict has spilled over into neighbouring countries and has contributed to a drastic escalation in violence, as well as altering the social dynamics within affected communities;

(f) Insecurity, conflict and crime along Uganda’s borders with the DRC, Sudan and Kenya;

(g) Large numbers of refugees (including refugees from Sudan and the DRC) and internally displaced peoples (as a result of conflict in the North, and of violent cattle rustling and competition over resources);

(h) Weakened capacity for development and economic growth as a result of insecurity and conflict deterring foreign and domestic investment, obstructing the movement of people and goods, undermining the delivery of basic services and restricting capacity to generate income at the local level.

2.3.4 The national assessment also found that a wide range of factors were enabling and contributing to the firearms problem, including the following:

(a) Gaps in existing legislation; the primary piece of legislation on firearms control in Uganda, the Firearms Act, Cap. No. 299, dates originally to 1970 and no longer provides an adequate legal framework in terms of addressing the current problem in Uganda or meeting the commitments contained within the regional and international agreements on firearms control;

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(b) Demand for firearms amongst civilians, as a result of a range of factors including poverty, lack of training and economic opportunities for young people; insecurity; cultural norms; and protection of self, livestock and poverty;

(c) The transfer and trafficking of firearms across borders with neighbouring countries. Law enforcement officials referred to well established firearms markets along the Sudan-Uganda border, trading routes stretching from Southern Sudan to the Kenya-Uganda border, and the trafficking of firearms from Somalia and Ethiopia via Kenya.

(d) Weak border controls and the need for improved surveillance and staffing;(e) Insufficient capacity and powers amongst customs officials to search and

seize goods that enter or transit through Uganda;(f) A lack of capacity within the police and other law enforcement agencies

(including customs officials) to effectively address the firearms problem, and the need for training and increased capacity;

(g) Inadequate cross-border cooperation between law enforcement agencies;(h) Lack of trust between the public and the police in some parts of the

country (for example, in the North-Eastern region, only 25% of people surveyed through the questionnaire believed that community members trusted the police);

(i) The loss and theft of firearms from official state stockpiles, due to inadequate procedures, facilities and oversight mechanisms to safely and effectively manage state-owned stocks (for example, in Kampala 70% of law enforcement officials questioned thought that state armouries were a major source of illegal firearms);

(j) The theft, lending and misusing of firearms by security forces, including the army, law enforcement agencies and Local Defence Units;

(k) Weaknesses in systems to monitor and supervise the activities of private security organizations;

(l) The illegal manufacturing of homemade firearms;(m)The existence of weapons caches as a legacy of previous conflicts. For

example it was reported at a workshop in the Mid-Western region that, during the reign and overthrow of Idi Amin, Ugandan soldiers fleeing to the north from the south and west of the country had deposited weapons along this route;

(n) A lack of procedures for the identification and destruction of obsolete, seized and surplus firearms;

(o) The illegal possession by civilians of military-style firearms;(p) Insufficiently stringent procedures for the licensing of firearms to civilians;(q) Insufficient procedures and systems for keeping records on firearms,

including in relation to their licensing, possession (by civilians and the state), transfer and seizure;

(r) Weaknesses in current controls over the import, export and transit of firearms. For instance, law enforcement officials reported that they are currently not allowed to examine or open goods that are in transit across Uganda, thus weakening their capacity to detect and seize illicit firearms;

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(s) A lack of provisions for the marking of firearms to enable them to be traced back to point of origin;

(t) Previous disarmament programmes with an insufficient focus on cross-border cooperation and promoting long-term development.

2.4 CONSISTENCY OF FIREARMS CONTROL POLICY WITH OTHER NATIONAL FRAMEWORKS AND POLICIES

2.4.1 Effective firearms control is essential for security and the realization of development and, in turn, a lack of security and development can contribute to the demand for, and supply of, firearms. The Government of Uganda has therefore recognized the importance of integrating firearms control within national frameworks and policies on development, security and related issues.

2.4.2 The Government of Uganda has recognized conflict and insecurity as key challenges to poverty reduction in its Poverty Eradication Action Plan (PEAP), the principal strategic framework for development and poverty reduction in Uganda. It has dedicated Pillar III of the PEAP to Security, Conflict Resolution and Disaster Management. Pillar III identifies firearms control and disarmament as a priority and calls for support to the NFP and to the NAP. In addition, Pillar III prioritizes a range of other actions to improve security and address conflict. Alongside this, the Government has established a Secretariat for Security, Conflict Resolution and Disaster Management, located within the Office of the Prime Minister, and a set of policies to address conflict and security issues. Other policies and plans that relate to firearms control include the IDP Policy, the Disaster Management Policy, the Karamoja Integrated Disarmament and Development Programme, and the Northern Uganda Peace, Recovery and Development Plan. This national Policy on firearms control will support and complement these other policies and initiatives and make an important contribution to the development of a comprehensive national framework for promoting sustained peace, development and security in Uganda.

2.5 STATEMENT OF PRINCIPLE

2.5.1 The Policy recognizes that the problem of the illicit proliferation of firearms is multi-dimensional and caused by diverse factors. The Policy therefore, proposes measures that are holistic in nature and designed to address a wide spectrum of issues related to the firearms problem as identified in the NAP and beyond. These measures call for an integrated approach to be adopted in which all relevant government agencies and departments, and civil society play an active role that pools expertise and resources ensuring their optimum use. The Policy incorporates provisions from regional and international agreements and processes on small arms control, and brings Uganda in conformity with its commitments in this regard, while also reflecting national needs and objectives.

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2.6 OBJECTIVES OF THE NATIONAL POLICY

2.6.1 The specific objectives of the national Policy are as follows:(a) To define and inform national practice on firearms control in Uganda(b) To provide a clear and comprehensive national Policy framework to

address the full spectrum of issues related to firearms identified during Uganda’s national assessment on firearms, and contribute to the implementation of the NAP

(c) To inform such reviews of national legislation, regulations and administrative procedures governing firearms as may be deemed necessary on the basis of this Policy, and ensure that all pieces of legislation pertaining to firearms control are in conformity with each other

(d) To define the administrative functions and responsibilities of the bodies and agencies responsible for actions related to firearms control;

(e) To ensure Uganda meets the commitments contained within the regional and international agreements on firearms control and provide a framework for their domestication into national Policy, legislation and practice in firearms control

(f) To provide a mechanism for the harmonization of legislation on the basis of the regional agreed common minimum standards, to ensure national systems which are compatible across the region and which reduce the possibility of criminals exploiting variations in the legal and regulatory systems in different countries

(g) To provide a basis for the ongoing integration of policies and frameworks on firearms control with broader development and security Policy frameworks

3.0 SPECIFIC POLICY ISSUES

3.1 ADOPTION OF A NEW LICENSING SYSTEM

3.1.1 Uganda’s national legislation conforms to most of the provisions of the regional and international agreements on firearms control relating to civilian possession and use of firearms. The Firearms Act, 1970 requires that civilians possess a licence in order to purchase or possess firearms and ammunition. In addition, the legislation prohibits civilian possession and use of some categories of firearms, including automatic firearms such as sub-machine guns. However, the national assessment highlighted a number of areas where the legislation should be reviewed or strengthened in order to ensure it is consistent with Uganda’s regional and international commitments. For instance, although applicants for firearms licences must meet certain criteria, this should be strengthened by including an age restriction and competency testing for licence applicants. Similarly, although certain categories of firearms are prohibited, Uganda currently does not outlaw the civilian possession of all types of semi-automatic firearms, as required by the Nairobi Protocol.

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3.2 Overview of the proposed new licensing systemThis Policy introduces a number of measures to deal with the inadequacies mentioned above. It proposes a new licensing system to be adopted with two distinct phases between declaration of intent to possess a firearm and physical possession of the firearm itself. The first phase will involve obtaining a competency certificate. The second phase involves obtaining a licence.

3.3 Competency test The competency test aims at testing the applicant’s theoretical knowledge of

the proposed Act, its regulations and the capacity of the applicant to safely handle the firearm. There are various types of competency tests depending on the type of licence the applicant is applying for.

3.4 Standard competency testThe standard competency test is aimed at the applicant for a licence to possess a firearm. The standard competency tests should include an assessment of the applicant’s ability to use, carry and store firearms safely and responsibly, and of the applicant’s knowledge of laws applicable to firearms. Applicants must have successfully completed a government recognized training course on the safe handling and use of firearms, and laws applicable to firearms.

3.5 Advanced competency testThe advanced competency test is tailored to the requirements of applicants in the specialised fields of manufacturing, dealing, gunsmithing, importing, exporting, brokering or transporting. These applicants need to demonstrate a specialised knowledge pertaining to manufacturing, dealing, gunsmithing, importing, exporting, brokering or transporting. This test is conducted in addition to the standard competency test. Knowledge of health and safety regulations (including the safe handling and storage of firearms and explosive material) is also tested.

3.6 Training curriculum3.6.1 The Registrar will design and make available a training curriculum for the practical training on the possession of firearms to accredited institutions that convey an understanding of the basic working, functioning, and maintenance required to ensure the safe working of the firearm.

3.6.2 The curriculum must also provide training on the safe practical use, carrying and storage of the firearm and appropriate knowledge of the existing legislation, including the new Firearms Act and other relevant legislation, such as that pertaining to the prevention of violence against women and wildlife preservation.

3.6.3 After the successful completion of the training the accredited institution will issue a certificate certifying that the applicant has successfully completed

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the theoretical and practical test for the safe usage of the firearms that the applicant intends to purchase.

THE POLICY IN DETAIL3.7. Competency Certificate3.7.1 The proposed new Act should set out detailed criteria for the issuing of a competency certificate. The applicant must be at least 21 years of age, be a Ugandan citizen or have a permanent residence permit. The applicant must have no history of mental or physical condition that would make it unsafe for that person to possess a firearm must not have a record of alcohol or substance abuse. Specific emphasis is placed on the fact that the applicant must not be, or have been in the past, the subject of a domestic violence restraining order, in Uganda or any other part of the world or convicted of an offence involving violence. Additionally, applicants must not have been convicted of an offence under any existing legislation regulating the use of firearms.

3.7.2 A licence or permit authorising the possession of any firearms will be only granted to an individual or the designated officer of an institution that is in possession of the relevant competency certificate. All institutions must appoint a person in the employ of the institution as a designated officer that will be responsible for the management of all the firearms licensed to that institution.

3.7.3 An applicant is required to indicate the purpose for which he or she requires a firearm. The Registrar must have the authority during any stage of the licensing process to request affidavit information to support the application.

3.7.4 Furthermore, the applicant must have complied with the requirements of the proposed new Act in relation to the passing of a theoretical test on the knowledge of the proposed Act and its regulations or any other requirement prescribed by the proposed Act and a practical test on the safe handling of a firearm.

3.7.5 In the case of a manufacturer, dealer, gunsmith, importer/ exporter/ broker/ transporter, the applicant must be regarded as fit and proper to apply fora, if the applicant holds a competency certificate. The age limit for this category is raised to 25 but provision is made for exceptions. The applicant must demonstrate sufficient resources to sustain the business and have successfully completed the advanced competency test.

3.7.6 The proposed new Act should also set out the administrative requirements that must be met by the applicant. These include a list of documents that must be submitted to the Registrar, completion of the application form, a full set of fingerprints, two character references, a police clearance certificate for applicants that have been resident outside of Uganda,

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proof of residential address of the applicant, two recent passport or identity document photographs (digital or photographic) of the applicant taken within six months of the date of submission of the application and certificate of training from an accredited institution.

3.7.6 In addition to the requirements for a natural person, an applicant for a competency certificate as a manufacturer, dealer, gunsmith or importer / exporter / broker / transporter must also provide information on foreign control and / or ownership in the applicant company, the company’s founding documents, sections of incorporation or other proof of licensed business, proof that the company or individual meets the national standards for protection of proprietary and classified information, as applicable and information of other persons involved in the process of manufacture, dealing, gunsmithing or import, brokering and transporting.

3.8 Validity of Competency CertificateUnless a licence to possess a firearm has been issued to an applicant, the competency certificate is valid for 2 years from date of issue. That will imply that a licence holder will have to re-apply for a competency certificate, if no purchase of a firearm was made during this two-year period. This applies to manufacturers, dealers and gunsmiths as well as to civilians applying for licenses.

3.9 Designated Firearms OfficerThe proposed new Act establishes the office of the designated firearms officer.

3.9.1 Duties of the Designated Firearms OfficerThe Designated Firearms Officer (DFO) must complete a thorough background check on each applicant for a license. This includes-

(a) verifying the two character recommendations;

(b) consulting with cohabitants at the domicile address of the applicant;

(c) checking the applicant’s safekeeping facilities;

(d) having a noted consultation with neighbours at the domicile address of the applicant;

(e) checking applicants against the criminal record database for previous convictions and cases pending; and

(f) compiling and verifying the application for completeness and forwarding it to the CFR for processing.

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3.9.2 Where the applicant is a manufacturer, dealer, gunsmith or importer / exporter / broker / transporter the DFO must complete, in addition to the above minimum criteria, additional checks on every applicant for a competency certificate to be a manufacturer, dealer, gunsmith or importer / exporter / broker / transporter. The DFO must verify the information on foreign control and / or ownership in the applicant company, the company’s founding documents, sections of incorporation or other proof of licensed business, that the company meets national standards for protection of proprietary and classified information, as applicable and information of other persons involved in the process of manufacturing, dealing, gunsmithing or importing / exporting / brokering/ transporting.

3.9.3 The DFO must check that the physical premises and safe storage facilities of the business operations are in line with the requirements of the proposed Act. If the physical premises or safe storage facilities are found to be deficient, the application will not be processed until such time as the correct facilities have been installed and inspected.

3.9.4 In addition, the DFO will check to see that the applicant has the necessary equipment and systems in place to comply with the record-keeping provisions of the proposed Act.

3.10 Duties of the accredited training and testing institutionsAll training and testing institutions should be accredited by the Registrar. It is this accredited training institution that will conduct the competency test.

3.11 Licence to possess a firearm

3.11.1 Criteria for the issuing of a licenceAny person applying for a licence to possess a firearm or a person applying for a licence to operate as a manufacturer, dealer, gunsmith or importer / exporter/ broker / transporter must be in possession of a valid competency certificate, must provide proof of a safe storage facility at the domicile of the applicant and must have completed the stipulated forms and support documentation.

3.11.2 Requirements to be fulfilled by the applicant for a licenceAny person applying for a licence to possess a firearm must complete the required application form and submit this to the DFO. In addition the applicant must submit a recent photo, certified copy of a personal identification card (ID) or passport, competency certificate, recommendations, proof of storage facilities, reasons why applicant wants the firearm and a pro-forma invoice containing the details of the firearm.

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3.11.3 The applicant is also required to certify on the application that he or she has not been convicted of a crime, nor has a criminal case pending against him or her, that might influence the applicants fitness to poses a firearm and that his / her personal particulars are correct or indicate any changes.

3.11.4 Any person applying for a licence to manufacture, deal, gunsmith or import, export, / broker, transport must in addition to what is required from a natural person provide proof, where available, of the applicant’s past experience or training in the relevant field and in the case of an application to operate as a gunsmith, the gunsmith artisan’s certificate should be presented.

3.11.3 Requirements to be fulfilled by the dealerIn support of the application for a licence to possess a firearm, the firearm dealer must provide on the pro-forma invoice the relevant details of the firearm for which the licence is being sought. The minimum details required are: the type of firearm (such as pistol, rifle, etc), the type of action (such as semi-automatic, pump action, bolt action, etc), the make of firearm (such as Beretta, FN Browning, etc), the model of firearm (such as 92FS, 75, etc), the serial number of the firearm, the caliber of the firearm (such as 9 millimeters, 9 millimeters Parabellum, etc), and any other relevant markings such as engravings proof marks, country identity marks and other markings on the firearm that can assist the police in identifying the firearm later.

3.11.4 The dealer must also certify in writing on the pro- forma invoice that the data of the firearm has been checked and is correct.

3.12 Duties of the Designated Firearm Officer upon receiving completed form for a license

3.12.1 The DFO must upon receiving a duly completed form and the required attachments, undertake a physical check that includes an interview of the applicant to confirm suitability for a licence of the type requested, a check on the physical domicile address of the applicant and a physical check of the safe for storage of the firearm in the applicant’s domicile.

3.12.2 Once the application for the licence to possess a firearm has been processed and is approved, the responsible officer at the CFR must verify and certify the information contained in the printed licence against the original documentation file before issuing the licence to the station of application.

3.13 Validity of the licence3.13.1 All licenses issued under the proposed new legislation must be subject to periodical renewal. The Policy defines four categories of licenses based on the utility of the particular firearm. All licenses issued under the proposed new Act shall be valid for a period of one year.

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3.14 Physical design of the firearm licence and information to be contained in the licence

3.14.1 The proposed new Act should require that information to be contained in the firearm licence should include: the name of licence holder; date of issue of licence; expiry date of licence; physical address of licence holder, or the business premises in the case of dealers, manufacturers, gunsmiths, importers, exporters, brokers and transporters; and a photograph or an electronically produced image of a photograph of the licensee.

3.14.2 The model and serial number of each firearm possessed must be included on the back of the licence.

3.14.3 The licence must be endorsed by the Registrar with the category of firearm licensed to the licensee and the type of licence as well any conditions applicable to that particular endorsement such that the licence does not authorise the purchase of ammunition for that firearm

3.14.4 The licence must be designed with built-in security measures to prevent falsification.

3.14.5 In addition to this, the licence to manufacture, deal, gunsmith or import , export , broker ,/ transport, must have the names of other person(s) under the licence, restriction on the type of firearm and ammunition that may be manufactured, dealt, gunsmithed, or imported / exported / brokered / transported, restrictions on quantities of arms and ammunition that may be manufactured, dealt, gunsmithed or imported, exported, brokered, transported, serial number of licence and conditions of the licence.

3.15 Duty to carry a licence3.15.1 The proposed new Act should make it compulsory for any person carrying a firearm or ammunition or who has physical control of a firearm or ammunition to carry with him or her firearm licence authorizing him or her to have possession of the firearm or ammunition.

3.15.2 Where a person is found in possession of a firearm without a licence the proposed new Act should provide for the immediate seizure of that firearm or ammunition by a police officer, as well as the safekeeping of that firearm or ammunition, until the said person can produce a firearm licence authorizing his or her possession of the firearm or ammunition.

3.15.3 Any person conducting the business of dealing, manufacturing, gunsmithing or importing / exporting / brokering / transporting firearms and / or ammunition is also required to at all times have the relevant licence on the business premises.

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3.16 Death of Licence holder

3.16.1 Upon the death of the licensed firearm holder, the executor, administrator or any person dealing in the estate of the licensed firearm holder who comes into possession of that firearm shall within fourteen days deposit that firearm with the police. Where the administrator, executor or any other person dealing with the estate is not interested in applying to own that firearm, that firearm shall immediately be disposed of in accordance with the procedures established by law.

3.16.2 Where the executor, administrator or any person dealing in the estate of the licensed firearm holder wishes to retain possession of that firearm then he or she must, within fourteen days, place the firearm under police custody or at a dealer for safe storage while he or she applies for the competency certificate followed by the licence to possess that firearm. If he or she fails to obtain the competency certificate and the licence required, then the firearm must be disposed off within sixty days from the day the communication rejecting the application to own that firearm was served on the applicant. Where there are good grounds to justify it, the sixty day period may be extended.

4.0 Conditions on carrying and concealing a firearm

4.1 Carrying of Firearms4.1.1 Only certain categories of licence holders should be allowed to carry their firearms in public and the firearms must be in a holster and concealed. Any firearms must be transported in a carry-bag or case, or suitable container that covers the firearm(s) fully.

4.1.2 The exception to this rule is State officials and registered security officers rendering law enforcement or security services while on duty.

4.1.3 The public display of firearms is only allowed inside the approved premises of a dealer under certain requirements or if it has been authorized as part of a collection that is on display or a permit has been obtained. The carrying and / or display of replica firearms in public whether for retail or sale or interest purposes should not be allowed at all.

Security requirements for Premises, Safes and Storage rooms

4.0 Safe storage requirementsAll persons that have a licence to posses a firearm must also have safe storage facilities at the residence or place of business of the applicant as per regulations. Access to someone else’s safe not in the applicant’s domicile or

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place of business is not acceptable for the processing of an application to possess a licence.

4.1 Premise requirements4.1.1 By the very nature of the activities conducted at the premises for manufacturing, dealing, gunsmithing, importing and exporting, security should be higher than the requirement for a normal licensed owner. The premises should comply with physical safety standards to be established in regulations. This should include, inter alia, provisions for secure rooms and safes. The location of the premises, which should be disclosed at the point of applying for a licence, should be suitably situated. It is recommended that the premises should not be situated in a densely populated area. In addition there should be testing facilities where applicable. Firearms and ammunition should be stored separately.

4.1.2 Licences issued to manufacturers, dealers, gunsmiths, importers and exporters pertain to the specific premises in which they operate, and which are approved by the CFR, and stipulate that the licence is invalid if the manufacturer, dealer, gunsmith, importer, exporter operates outside of these premises.

4.1.3 Inspections of the premises of manufacturers, dealers, gunsmiths, importers, exporters and private security organizations (PSOs) must be regularly and routinely undertaken at least once a year. Inspections may occur at any time without prior warning.

4.2 Permits to Possess Firearms and/or Ammunition

Provision should be made in the proposed Act for certain circumstances where permits that grant temporary authorization to possess a firearm or ammunition may be given. This would be for the use of firearms in theatrical productions, by visiting international shooters, members of the diplomatic community, and for the use of firearms in exceptional cases or as matters of urgency not defined.

4.3 Permits for Theatrical PerformancesProvision should be made in the proposed new Act for permits to be issued, authorizing the temporary possession of a firearm for theatrical or dramatic production being staged by a theatrical, dramatic or historical society. Permits can also be issued for a historical re-enactment in which a firearm(s) was used. The person to whom the permit is issued is a performer in, or a member of, a society staging the production or enactment. That person should possess the firearm for the purposes of the production or re-enactment only. The firearm

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may only be used for the purpose stated in the permit by a person that holds a permit for that firearm. 4.4 Temporary Permits for Licensed International Shooters 4.4.1 Permits may only be issued to visitors to Uganda for a firearm that they are authorised to possess in their country of origin. In addition the person must not have been convicted of a violent crime and the firearm must not be one prohibited under Ugandan law.

4.4.2 The permit will contain the conditions subject to which it was issued and one of these conditions is that the permit holder is prohibited from selling, donating or in any other way disposing of the firearm while inside Uganda.

4.5 Temporary Permits for Exceptional Circumstances or Matters of urgency

The Registrar may authorise the possession and use of a firearm by permit under any exceptional circumstances or matters of urgency not covered by the Policy.

4.6 Process and Restrictions on the Issuing of Permits4.6.1 Only the Registrar will be authorized to issue permits, and a report of such permits issued should be given to the Minister for Internal Affairs annually.

4.6.2 A permit should contain the full personal details of the holder and the details of the firearm and the details of the permit must be kept by the CFR.

4.7 DEALERS

4.7.1 Under the proposed new Act, all transactions should take place through a dealer to ensure that private sales are recorded. A dealer should only be authorized to deal in firearms that may be licensed to civilians and must have a valid dealer’s licence to do so. The dealer should be required to keep various registers and these must be stored in a safe place and kept for a period of not less than 10 years.

4.7.2 A centralised dealer-database should be developed and placed on-line at the CFR prior to implementation of the new legislation. This database must contain information on firearms and ammunition in stock at any firearm dealer on a 24-hour basis and licence application information.

4.7.3 In order for the dealer to be online database the Policy provides that the Registrar make the resources available to the CFR to provide the server and database programmes to link with dealers that will provide the workstation in the dealership. All dealers transactions will be entered onto the database, that

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must include information about the firearms, ammunition, propellant, black powder, and primers.

4.7.4 Before the dealers are linked online, a one-off stocktaking of all dealers should be undertaken to ensure the integrity of the information being loaded onto the system. Once this initial audit is undertaken, the dealer must update his or her stock and transactions on a 24 hour basis via computer and written register, and must transfer this information to the CFR computerised system.

.4.8 MANUFACTURERS

4.8.1 The NAP calls for the regulation of manufacturing, including a review of the laws and procedures relating to Uganda’s National Defence Industry.

4.8.1 The proposed new Act should state that only a person with a valid manufacturer’s licence may manufacture firearms. A manufacturer may only manufacture such categories of firearms as authorized in the manufacturing licence. Firearms manufactured may only be transferred to entities in possession of the relevant authorization to possess the firearms and ammunition. All firearms must be marked at the point of manufacture as stipulated in the proposed Act. Manufactured firearms and ammunition should only be transferred internationally in accordance with the provisions of this Policy.

4.8.2 All manufacturers will keep registers that will record the date of manufacture, make, model and serial number of each firearm manufactured. At the time of sale, the date of sale, make, model, type, serial number and to whom the firearm was sold must be recorded. Where this information is entered into a register it must be done in indelible ink in a register where the pages are numbered consecutively. This register must be kept in safe storage for a period of not less than ten years after the date of the last entry.

4.8.3 It is also proposed that the new law establish a computerized database for manufacturers. Prior to initiating the database, a one off stocktaking of all manufacturers should be undertaken. This is to ensure the integrity of the information loaded onto the database. Once this initial audit is undertaken, the manufacturer must update stock and transactions on a daily basis via computer and written register, and must transfer this information to the CFR computerized system. All manufacturers’ transactions must be entered into the database, including those involving firearms, ammunition, propellant, black powder, and primers held in stock, purchased or sold by manufacturers.

4.8.4 The Minister responsible for Internal Affairs should seriously consider adopting the standards of proofing of firearms as described in the International

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Convention on Proofing of Firearms, and make the standards applicable to all manufacturers through the proposed Act.

4.9 GUNSMITHS

4.9.1 In order to carry out the trade of a gunsmith a person must have a gunsmith’s licence. A gunsmith is allowed to carry out the assembly, repair, refurbishment, customising, custom building, adaptation, modification, assembly or deactivation of firearms, but not their manufacture. A gunsmith may work only on firearms that may be licensed to a civilian unless specifically authorized by the Registrar to carry out work on other firearms.

4.9.2 A gunsmith must keep a register in which all work done on firearms is recorded. All inscriptions done in the register must be done in indelible ink and the pages of the register must be numbered consecutively. The registers must be kept in safe storage for a period of not less than ten years after the date of the last entry.

5.0PRIVATE SECURITY ORGANISATIONS (PSO) AND SECURITY OFFICERS

5.1 The national assessment highlighted the need for appropriate policies and procedures to manage the stocks possessed by PSOs, as well as, systems to monitor and oversee PSO activities in order to ensure that these regulations are effectively enforced. The existing PSO regulations contain a number of provisions designed to regulate the storage and acquisition of firearms by PSOs, as well as, the appropriate use of firearms by PSO personnel. However, guidelines governing the storage, usage, issuing, acquisition and movement of firearms by PSOs have rarely been enforced.

5.2 However, weaknesses in systems to monitor and supervise activities of PSOs were highlighted during the national assessment as a factor contributing the misuse of firearms and concern about the involvement of PSOs in firearms related crime were voiced. Increased monitoring and oversight of PSOs, improvements to record-keeping and storage procedures and review of procedures relating to the leasing or provision of arms to PSOs were recommended. It is also vital that appropriate training and recruitment procedures for security officers are put in place to ensure that PSO personnel use small arms responsibly.

5.3 The proposed new Act should require that any private security company that requires firearms for its guards must obtain licences for the firearms from the CFR. Each company must nominate an employee of the company as a designated person. This person will be responsible for all the firearms licensed in the PSO’s name.

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5.4 A security officer may handle firearms only once he or she has received a competency certificate and passed the practical firearm test through an accredited institution to handle that specific class of firearm. This test is mandatory, irrespective of the stipulations contained in the regulations governing the PSOs. The proposed new Act should further provide that a security officer may only be in possession of a firearm and ammunition while on duty and must upon leaving official duty surrender the firearm and ammunition to the responsible officer.

5.5 Security officers when issued with firearms must carry their competency certificate with them at all times. When being issued with a firearm, security officers must also be issued with a permit which includes information on the details of the PSO’s licence to operate and to possess firearms including the name of the company and the number of the licence and the specific serial number assigned to that particular firearm.

5.6 PSOs must maintain a register that reflects the possession of its firearms by employees and which must indicate the name of the employee to whom it is booked out, the time and date, number of rounds and have the signature of the employee, as well as, that of the responsible officer. On returning the firearm the same detail must be recorded. The security company must keep a register of all firearms transferred and held. In the case of transfer of weapons from one office to another office within the same company, those transfers must be noted in the register as well.

5.7 It is also proposed that, the Policy provisions regarding the safe storage of firearms should apply to the security companies. Where a security company has more than 10 firearms these must be stored in a secure armoury for storage of such firearms, in conformity with physical safety standards to be established in regulations. The inspection regulations, applicable to dealers should apply to security companies. Inspections must be carried out at least every six months.

5.8 If a PSO is liquidated, then the liquidator must ensure that the company’s firearms are kept in safe custody until they are resold or repossessed. The Police must carry out an inspection to ensure that such security arrangements are in place. If such arrangements are not in place, the firearms must be transferred into the custody of the Police. The proposed new Act should also provide for mandatory notification of the CFR, if any security company is liquidated, under administration or taken over by another owner.

6.0 NATIONAL RE-LICENSING PROGRAMME

6.1 All firearms in legal private possession should be re-licensed in order to upgrade and ensure the information integrity of the CFR, creating a single database to ensure the effective control of firearms in Uganda. The objective

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of re-licensing of all firearms in legal, private, non-State possession will be the replacement of all existing licences and permits with a uniform new licence.

6.2 The proposed Act should make provision for transitional legislation that should provide clear guidelines to direct the re-licensing process; structured amnesty provisions to enable the handing of firearms and to minimise opportunities for illegal activity; clear guidelines describing the validity of existing licences, and when they are deemed to be expired; clear law enforcement guidelines in terms of persons not complying with the re-licensing requirements, offences and penalties; clear guidelines on which firearms will be re-licensed, and which will not, and how licences should dispose of prohibited firearms.

6.3Re-licensing process

6.3.1 The proposed re-licensing process should make provision for :-current licence holders who hold a valid firearm licences and who wish to continue to possess their firearm, current licence holders who hold a valid firearm licences and who do not wish to continue to possess their firearm; non-licence holders who wish to continue to possess their firearm; and non-licence holders who do not wish to continue to possess their firearm.

6.3.2 Current licence holders that hold valid firearm licences and who wish to continue to possess their firearm will complete a new application form per firearm that he or she wishes to re-license and meet all the requirements for the application of a licence as stipulated by this proposed new Act. For example, applicants must obtain the necessary competency certificate and have safe storage facilities. They must meet all the criteria such as age, mental suitability and lack of a criminal record. Once the re-licensing application has been processed, the new licence must be issued against the cancellation of the old licence.

6.3.3 Any person currently holding a valid firearm licence or permit who does not wish to renew that licence or permit must be allowed to sell the firearm through a certified dealer or be allowed to hand that firearm over to the State. The firearm must be kept in safe custody by the licence holder during transactions and the relevant procedure to forfeit ownership must be adhered to. Holders who are in possession of an unlicensed firearm and who wish to obtain a licence for that firearm must comply with all the requirements for application of a licence. If the applicant does not have a valid licence the firearm must be surrendered to the police pending the outcome of the licence application.

6.3.4 Persons who are in possession of an unlicensed firearm and who do not want to license the firearm must surrender the firearm to the police for destruction. The proposed new law will provide for an amnesty for those

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persons in possession of illegal to allow them to surrender such firearms to the police for destruction without fear of prosecution for the illegal possession of a firearm.

6.3.5 The proposed new law will provide for recovery programme at the beginning of the re-licensing process to encourage people to surrender their firearms, be they legal or illegal, rather than re-licensing them.

7.0 Recovery and Retroactive Management of Firearms

7.1 This Policy establishes categories of firearms that are prohibited or restricted for civilian use, notably automatic and semi-automatic firearms. The Policy proposes that no military type firearms be licensed for civilian possession. However, in reality there is already a large quantity of these firearms in civilian possession and these must be removed from civilians. Appropriate recovery programmes must, therefore, be put in place to recover these firearms and destroy them.

7.2 Other measures introduced by the proposed Act such as the limit on the number of firearms will not be managed retroactively but will apply to all new applicants. Current licensees with more firearms than allowed will only have these firearms re-licensed once. The licensee will be given the full renewal period (according to category of weapon) to dispose of excess firearms in a lawful manner.

7.3 The recovery programme should consider covering the costs of buying back (only for licensed firearms) and destroying those existing licensed firearms that will be prohibited in the new legislation either because of changes to the categories of prohibited firearms or because of changes to the maximum numbers of firearms that may be licensed to any one person under the new legislation.

8.0 LICENCE RENEWAL

This section outlines the regular procedures to be followed in relation to licence renewal, subsequent to the initial re-licensing programme. Grounds for renewal are that the applicant has been responsible in the management of the firearms.

8.1Components of the Renewal of the Firearm Licence

8.1.1 The renewal process should include an interview with the applicant, verification that he or she still has the firearm, verification of the safe storage facilities, a criminal record check and an examination to test the applicant’s knowledge of the new law.

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8.1.2 Where the DFO has reason to believe that the licence holder is no longer able to handle the firearm safely (for instance where a licence holder has become physically or mentally handicapped prior to the renewal date), the Registrar should have the right to order a practical or medical test by the applicant before renewing the licence.

8.2 Roles and Responsibilities for the Renewal of the Firearm Licence

An application for renewal must be submitted at least 30 days before the original licence expires. The onus rests on the licence holder to renew the licence in time and failure to do so will mean that the licence holder is in unlawful possession of the firearm.

9.0 CLASSIFICATION OF FIREARMS AND FIREARM LICENCES FOR CIVILIAN POSSESSION

9.0.1 Firearms and firearm licences must be classified in accordance with their intended use. Certain firearms should only be available to the State and only be approved for possession by the State. These include firearms and weapons designed for war and law enforcement purposes. Some of the latter firearms should be made available to citizens in situations of grave personal danger or institutions engaged in the provision of security services in circumstances where those firearms approved for possession by the general public are proven to be insufficient. Their possession and the duration of possession should be strictly controlled by the State. In the majority of cases, the demand for firearms will be for three main needs, self-defence, hunting and sporting activities.

9.0.2 It is important that the proposed new Act indicate clearly which firearms will not be licensed to any citizen or institution, other than the State, irrespective of the circumstances. It must indicate which firearms will be licensed to citizens or institutions for restricted use and how those firearms are going to be controlled, and their use monitored. Lastly, there must be clear guidelines and provisions under which citizens can license firearms for self-defence, hunting and sporting activities under normal circumstances and how their possession and use are going to be controlled by the State.

9.1 Classification of firearms and how this informs whether or not this firearm requires a licence

9.1.1 The Policy recognizes four groups of firearms or devices, of which some require licences.

(a) Prohibited firearms for which no licences will be issued for possession. These include, amongst others, firearms originally

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designed to fire more than one shot on a single depression of the trigger and all light weapons.

(b) Firearms and devices requiring licences: These include, amongst others, handguns, pistols, revolvers and dangerous airguns, shotguns, rifles, tranquilliser firearm, replica firearm, imitation firearm and certain toy firearms.

(c) Firearms not requiring licences, such as antique firearms.

(d) Devices not considered as firearms, hence not requiring licensing in any form. These include, amongst others, explosive powered tools, captive bolt guns, air guns and paintball guns. However, the importation of these devices will require the authorisation of the Registrar.

9.1.2 While the Policy recognises that there are firearms that do not require licences, it does in some cases place restrictions regarding their sale and use. The case in point is antique firearms which, although they do not require a licence, may only be sold by a licensed dealer and to persons over the age of 18. In addition the dealer is required to keep a register that contains the personal details of the person that bought the antique firearm, as well as, details of the firearm such as make, model calibre and serial number, if available.

9.1.3 The rules applying to the display, discharge and carrying of firearms apply equally to antique firearms. In addition, the proposed Act provides a ban on the possession of ammunition for these antique firearms.

9.1.4 Under devices not considered firearms, the proposed new Act shall list imitation firearms. An imitation firearm, as opposed to a replica firearm, is an object that looks like a firearm but is not one and cannot function as a firearm. The danger of this type of object is that it may appear to be a firearm to the uninformed and as such could cause the same reaction as a firearm would in any given circumstance. As such, it could be used to commit crimes such as robbery. Therefore, the proposed Act should provide that the possession of imitation firearms is not be allowed or that such firearms must be made so that they are clearly distinguishable from real firearms, for example by conditioning imitation firearms so that only those specimens in bright colours (such as red, green, orange or yellow) are permitted in Uganda.

9.1.5 In the case of toy firearms these can sometimes fall into the category of imitation firearms and where this occurs the same principles should apply as with imitation firearms and they should be clearly distinguishable as toy

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firearms. For example, the colour of the toy firearm should not be black and or the barrel can have a red flash piece.

10.0 Category of Firearm and the Limitation on the Quantity of Firearms in Possession of an Individual

The Policy recognises four different categories of firearm categorised according to their intended use.

10.1 Category 1 Firearms Category 1 Firearms are firearms intended for the use by the military and law enforcement agencies. These are weapons and firearms designed and or utilised for the protection of the State, the maintenance of the integrity of the country, the maintenance of civil and public order and enforcement of the law. These firearms may not under any circumstances be licensed to civilians.

10.2 Category 2 Firearms 10.2.1 Category 2 Firearms are firearms that fall into the self-loading or semi-automatic category. The proposed new Act should provide that under certain circumstances the Registrar may license such firearms to civilians. These circumstances would include where a person’s life is in grave danger or, in the case of a PSO, where the registrar is of the opinion that a normal firearm will not suffice.

10.2.2 Any person or institution that wants to apply for a licence to possess such a firearm must submit an application, fully stating the circumstances and need for possessing a Category 2 firearm. Apart from the normal requirements (refer to the section of the Policy entitled Adoption of a New Licensing System) the application must be accompanied by an affidavit by the applicant, explaining the circumstances and needs for the application, and providing evidence why the firearms approved for civilian use will not be sufficient for the intended protection of or service provided by the applicant.

10.2.3 An affidavit by the District Police Commander in whose area the applicant lives stating the circumstances and specific situation warranting the possession of the type of firearm the applicant wishes to obtain will be required, along with a recommendation by the DFO in whose jurisdiction the applicant lives.

10.2.4 The moment the licence holder’s circumstances change, (for instance, the licence holder moves out of the area for which he or she obtained the licence, or change of business address or nature of business) the licence holder must notify the Registrar within 7 working days. After notification the licence holder must either submit a new application for his or her new circumstances, or dispose of the firearm through a firearm dealer within 60 days of notification, or forfeit ownership of the firearm to the State.

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10.3 Category 3 Firearms 10.3.1 Category 3 Firearms are the type of firearms approved for possession by citizens for three principal purposes- self-defence, hunting and sporting activities.

10.3.2 Self-defence is, by its very nature, an activity that happens at short range, and firearms approved for self-defence will include handguns and in extreme cases shotguns, designed and manufactured for application at short ranges only.

10.3.3 Sporting activities include shooting sport disciplines as recognised by the International Shooting Union (ISU), the International Shooting Sport Federation (ISSF), the International Olympic Committee (IOC), and the International Practical Shooting Confederation (IPCS) and represented by National Regulatory Bodies affiliated to these organisations.

10.3.4 Sporting activities also include hunting. Hunting includes bona fide hunters belonging to a recognised controlling body accredited by the State, as well as, persons who hunt occasionally for the pot, and are not necessarily registered as bona fide hunters with any accredited hunting organisation.

10.3.5 In particular category 3 firearms are divided into three sub - categories-

(a) Category 3A Firearms(i) Firearms Approved for Self-defence. A licence for self defence will only be issued when the said individual or institution is able to submit reasonable information to support the application, describing the circumstances and needs warranting the possession of a firearm for self-defence and that information is verifiable.

(ii) Only one handgun or shotgun per individual will be licensed for self-defence (meaning either a handgun or a shotgun, but not both). The Registrar may, however, in exceptional circumstances, license both one handgun and one shotgun to an individual.

(iii) Only persons in possession of a valid licence to posses a firearm for self-defence will be authorized to carry their firearm on their person in public. No person will be allowed to carry a shotgun in public, unless it has been approved to an institution for the provision of security services.

(b) Category 3B FirearmsFirearms approved for hunting. The proposed new Act should provide for the licensing of hunting rifles to persons who, from time to time hunt game for their own consumption, and on premises approved for hunting activities and with the written consent of the owner of those premises. No more than two

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licences to possess category 3B Firearms will be approved per individual. No handguns will be licensed for hunting.

(c) Category 3C FirearmsShotguns approved for Hunting or Sporting purposes. The proposed new Act should provide for the licensing of a shotgun to persons who, from time to time, hunt game for their own consumption, and on premises approved for hunting activities and with the written consent of the owner of those premises. No more than one licence to possess category 3C in the case of a shotgun will be approved per individual.

10.4 Category 4 Firearms: 10.4.1 Category 4 Firearms are firearms approved for collections. Firearms approved for collections are those firearms that because of their historic, technological, aesthetic and scientific characteristics are destined for private or public exhibition, and include firearms of all previously mentioned categories in this section.

10.4.2 Since the aim of a firearm collection is explicitly to collect firearms of a recognized historic, technological, aesthetic and / or scientific characteristic, rather than participation in any sporting or self-defence activity, approval of a Category 4 licence is the only licence that does not permit the licensee to buy or possess ammunition for any firearm licensed under this category.

10.4.3 If a licensee wishes to use any of his / her collection for sporting activities or self-defence, that firearm must be an approved firearm for its intended use, and licensed accordingly.

10.4.4 There are two types of collections to be recognized by the proposed law that is, private and public collection. Private Collections are firearms collected by a bona fide firearm collector for private display at the domicile of the collector. Private Collections will be allowed to include Category 1 and 2 firearms limited to rifles, assault rifles, pistols and revolvers of a recognized historic, technological, aesthetic and / or scientific characteristic, approved by the CFR.

10.4.5 A Category 4 licence is directly linked to the licensee’s status as a collector of firearms, and expires on revoking or termination of that status. Renewal of Category 4 licences should take place every 5 years.

10.4.6 A Category 4 Firearms approved for collectors licence requires compulsory special liability insurance (and not simply insurance against theft or damage). Insurance premiums should be appropriate to the risk of the firearms being stolen and used in violence.

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10.4.7 Public Collections are firearms collected by a registered museum for public display. The proposed Act should provide that Category 1 and 2 firearms recognized for their historic, technological, aesthetic and / or scientific characteristic, be allowed in such collections. All types of Category 1 and 2 firearms may be included in these collections such mortars, guns, cannons, rocket launchers, machine guns and grenades.

10.4.8 Very strict security measures are proposed due to the extremely dangerous nature of these firearms while slightly less strict security measures are proposed for temporary displays and wall displays.

10.5 Additional FirearmsThis Policy proposes a limit of two firearms per individual. Circumstances may arise where a need for more than the proposed two firearms may be required. This may occur in the case of a hunter that hunts extensively or is a professional hunter that in order to carry out his profession or hobby requires two or more firearms that may be of the same calibre or different. The same argument applies to a person that participates in sport shooting. In both these instances these persons should be allowed to have more than two firearms only if they are able to properly provide evidence of the need for each and every additional firearm. Such motivation should include but not be restricted to membership of an accredited hunting association and proof of regular participation in such activities.

11.0 AMMUNITION

11.0.1 As with firearms, the proliferation of ammunition is not adequately addressed in the existing Act. This lack of control of ammunition is not in the public interest, neither is it in accordance with current government Policy. The proposed new Act should make provision for the control of ammunition. In the same spirit it should also control the use and possession of ammunition.

11.0.1 Licence holders must be restricted on the amount of ammunition they may have in their possession at any one time. This would mean that Category 2, 3A, and 3B only be allowed 100 rounds per calibre of firearm for which he or she has a valid licence, in his or her possession at any time (except air rifles). Licence holders are not allowed to purchase more than 200 rounds per calibre per twelve-month period. (This amount of ammunition does not include ammunition bought and used at a shooting range during any one shooting session.)

11.0.2 The ammunition must be stored in a safe preferably not in the same safe as which the firearm is stored in.

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11.0.3 Persons allowed more than the two firearms limit should be allowed to possess more ammunition but they may not exceed 200 rounds per calibre in their possession at any one time.

11.0.4 Registered ammunition collectors may not purchase more than 5 rounds per calibre per transaction. Ammunition collectors may not purchase prohibited ammunition as proposed by the Policy.

11.0.5 Certain categories of ammunition must be restricted for use by the state only, as they are intended to cause maximum damage when used. This would include ammunition manufactured for law enforcement purposes, bullets designed to expand on impact, bullets intentionally unbalanced, discarding sabot ammunition and ammunition with the capability to penetrate body armour and shotgun slugs.

11.0.6 The AMAD Committee should, on a yearly basis, make recommendations on ammunition that should be prohibited, if any. All ammunition sold in Uganda must be stamped with the registered name or logo of manufacturer, type (code) and year of manufacture. Reloading of ammunition should not be allowed by the proposed Act.

12.0 FIREARM FREE AREAS

12.0.1 The proposed law should establish the concept of a voluntary Firearm Free Area (FFA). There should be a section in the proposed new Act under which any institution or person may declare their local area, premises or institution as a Firearm Free Area In this regard it is proposed that hospitals, schools, theatres, clinics, museums, places of entertainment, places of worship and other places of social interaction be declared Firearm Free Areas. Necessary exemptions must be made for law enforcement officers on duty.

12.0.2 The power to declare Firearms Free Areas should rest with the Minister responsible for internal affairs. The Minister will consider applications put forward by persons and institutions in this regard.

13.0 DECLARATION OF UNFITNESS TO POSSESS A FIREARM

13.0.1 The Policy adopts the position that it is a privilege to own a firearm that is granted to the individual on the understanding that the individual will manage the firearm in a responsible manner and use the firearm for the purpose approved on the licence. Acts of negligence and/ or irresponsibility involving a firearm should, without exception, be investigated and prosecuted. If an individual is proved guilty of negligence or irresponsible conduct with firearms a mandatory declaration of unfitness to possess a firearm should be made by a court of law.

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13.0.1 The Policy proposes that if a licence holder loses his or her firearm through negligent conduct, is found guilty of an offence where threatening or intimidating behaviour with his or her firearm was an element or commits any offence that involved the use of a firearm, a declaration of unfitness for firearm possession should be mandatory.

13.0.2 Another ground for a licence holder to be declared unfit is if the information provided to the Registrar or any other person under the proposed Act is found to be false.

13.0.3 The proposed Act should provide for any citizen to make an application to declare a person unfit to possess a firearm. Where such an application is admitted, the designated firearm officer should launch an investigation pertaining to the application, and submit the application and investigation to a court of law for hearing.

13.0.4 In the case of a person having been declared unfit to possess a firearm on the grounds of having committed a violent offence involving a firearm, that person should be ineligible to apply for a firearms licence for a period of 5 years after the date from which being convicted of the offence.

13.0.5 In all court rulings on convictions for violent offences involving firearms, a copy of the judgment or court order or record must be sent to the CFR by the investigating officer. Any ruling of unfitness by a court must also be accompanied by a court order for the immediate seizure of the firearms licensed to the accused. Seized firearms must be kept by the police until all legal procedures have been completed.

13.0.6 Once a person in possession of a licensed firearm has been declared unfit, all firearms licensed to that person must be seized by the police.

14.0 INFORMATION TO BE GIVEN TO A POLICE OFFICER

14.0.1 This Policy proposes that additional powers be given to police officers to investigate possible contraventions of the law.

14.0.2 Thus a member of the police force who suspects, on reasonable grounds, that a person has, or recently had, in his or her possession a firearm or ammunition, may require that person to state his or her full name, address and age.

14.0.3 The police officer may require the owner of a firearm to answer questions relating to the whereabouts of the firearm or relating to the person or persons who have, or had, possession of the firearm.

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The police officer may require that person to produce such evidence as may be stipulated by a member of the police service to verify information given in response to a requirement under this section of the proposed new Act.

Lastly, any member of the public has the right to ask for the warrant card of the police officer, before complying with the said request.

15.0 PRODUCTION OF LICENCE OR PERMIT

A person who is in possession of a firearm or ammunition should, at the request of a member of the police service or any other person authorised (for example, an authorised wildlife officer of the Uganda Wildlife Authority while on the premises of a wildlife protected area constituted under the relevant Act etc) produce a firearm licence or permit authorising his or her possession for inspection by the police officer or an authorised wildlife officer.

16.0 POWER TO SEIZE FIREARMS OR AMMUNITION

16.0.1 The NAP calls for the review of regulations relating to the search and examination of goods in transit, in order to ensure they do not facilitate the movement of illegal arms. More specifically, customs officials lack sufficient powers and the capacity to search and detect illicit arms in transit through the country.

16.0.2 This Policy recognizes a need for conducting more regular inspections both targeted and ad hoc, of goods in transit, as well as, to undertake specific intelligence gathering on traffickers, sensitive destinations and points of origin, trafficking routes and modes of concealment, to build risk profiles to aid targeting of inspections.

16.0.3 The proposed new Act should provide for wide ranging powers to be given to law enforcement agencies to seize firearms or ammunition in cases where they are being held contrary to the provisions of the law.

16.0.4 If a member of the police suspects under reasonable grounds that a person has possession of a licence that has been cancelled or suspended or has possession of a licence for an illegal purpose or a person who has possession of a firearm licence is not a fit and proper person to have possession of the licence, the member of the police may require the person to deliver the licence to him or her forthwith and, if the person refuses or fails to comply with such a requirement, seize the licence.

16.0.5 A member of the police should be able to stop and / or detain and search any vehicle, vessel or aircraft within which the member suspects on reasonable grounds that there is a firearm, licence or ammunition liable to seizure under this Section and any person whom the member suspects on

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reasonable grounds has possession of a firearm, licence or ammunition liable to seizure under this section.

16.0.6 A member of the police seizing a firearm, licence or ammunition under this provision, should be held responsible for the securing and safekeeping of that firearm, licence or ammunition, until he / she hands it over for safekeeping at a police station.

16.0.7 A firearm, licence or ammunition held under this provision should be held until proceedings are instituted for an order under this section or for an offence in relation to any section of the proposed Act, or any other Act or a decision is made not to institute such proceedings or the expiration of 12 months after the firearm or ammunition was seized, whichever first occurs.

17.0 FORFEITURE OF FIREARMS AND AMMUNTION

17.0.1 It should be compulsory that where a firearm, licence or ammunition is seized under the proposed Act, the Registrar shall institute proceedings for forfeiture before a court of law.

17.0.2 If, in the proceedings mentioned above a court is satisfied that the owner of the firearm, licence or ammunition is not authorised by the proposed new Act to be in possession of the firearm, licence or ammunition or the return of the firearm or ammunition would be likely to result in undue danger to life or property, or the owner of the firearm and / or ammunition has failed to comply with the requirements of the proposed new Act in relation to the safe storage of the firearm and / or ammunition, the court should order the forfeiture of the firearm, licence or ammunition to the State.

18.0 COLLECTION, DISPOSAL AND DESTRUCTION

18.1 Collection Procedures

18.1.1 Collection refers to all firearms that become the responsibility of the Government of Uganda through legal acquisition, seizure, forfeiture, voluntary surrender and disarmament, demobilization and reintegration programmes.The Government of Uganda should identify obsolete, surplus and redundant firearms using stockpile management techniques such as collaborative planning and forecasting, acquisition management, and record keeping. The appropriate department or agency that will be responsible for firearms collection at different levels must be appointed. It is important where possible, to involve civil society in these efforts, in order to raise public awareness regarding the destruction programme.

18.1.2 The proposed new Act and regulations should stipulate clear guidelines that should apply for the collection of small arms, as outlined below.

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18.1.3 It is important that during the collection process adequate security for the safe storage of collected weapons should be maintained. Firearms and ammunition should be stored separately. To ensure adequate access control, a three-lock system should be used in order to ensure transparency and confidence building in the storage of firearms.

18.1.4 Entities responsible for firearms collection should use identification marks to ensure that the firearms can be clearly identified as being for disposal or destruction. The details of collected firearms should be recorded.

18.1.5 Where feasible, all firearms collected should be submitted for ballistic testing in order to determine whether any such firearm was used in committing a crime.

18.1.6 Records should be maintained within the Firearms Register, and where appropriate the MFR, on:(a) All firearms seized during military operations;(b) All firearms peacefully surrendered under weapons collection

programmes;(c) All lost and recovered firearms under military control;(d) All illicit, obsolete, defective or redundant stocks declared for destruction.

18.1.7 The MFR should also facilitate the exchange of information relating to the above, as per the procedures stipulated within this Policy.

18.2. Disposal

Disposal refers to the process whereby all firearms that are rendered surplus, redundant or obsolete through the implementation of a peace process, or through the re-equipment or re-organisation of armed forces or other state bodies, are securely stored, destroyed or disposed of in a way that prevents them from entering the illicit market or flowing into regions in conflict or any other destination that is not fully consistent with agreed criteria for restraint. Responsible disposal can include the destruction, permanent deactivation, sale or safe storage of the firearm.

18.3 Destruction

18.3.1 Destruction should be done in such a way that renders the firearm both permanently disabled and physically damaged. The Policy proposes that any firearms identified as surplus, obsolete or redundant to a national requirement should, by preference, be destroyed. Destruction will also generally be used to dispose of illicitly trafficked weapons seized by national authorities, once the legal due process is complete.

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18.3.2 The NAP calls for the identification, collection and destruction of illicit or surplus firearms, including illicit firearms that have been seized and firearms that have been abandoned or cannot be safely be stored.

18.3.3 The Policy proposes that procedures for the destruction of firearms and / or ammunition should be put in place. This will include getting the required permission, evaluating which is the most cost effective method of destruction (smelting, burning, cutting etc), marking all unmarked firearms destined to be destroyed and the maintenance of records of all destroyed firearms.

18.3.4 The personnel responsible for destruction should issue a certificate containing the details of the firearms destroyed and confirming destruction.

18.3.5 Finally, the Government of Uganda should use firearms destruction as a tool for public awareness raising and confidence building on the issue of firearms and civil society should be invited to monitor, and raise awareness of, the destruction process.

18.4 MARKING

18.4.1 The NAP recommends that firearms and ammunition be marked with simple inscriptions that allow the firearm to be registered and subsequently identified. Successful tracing of the transfer route of a firearm is dependent on adequate marking and record keeping. Tracing will assist in identifying illicit trafficking networks to be uncovered and uprooted and for actors involved in the deliberate violation of international arms embargoes to be punished. Existing marking, record keeping and tracing arrangements are on the whole, inadequate.

18.4.1 This Policy calls for the implementation of systematic marking and electronic record keeping of all firearms in the possession of the UPDF, UPF and other state agencies, any auxiliary forces and PSOs. Records should be kept and maintained permanently (or for at least 20 years). It calls for creating greater awareness of the importance and urgency of improving marking and record keeping procedures within the UPDF, the UPF and PSOs, in particular among a wider constituency of senior officers. Lastly, this Policy calls for acquiring sufficient marking equipment and carrying out training in marking techniques to ensure that new acquisitions of firearms by all state agencies can be marked (including making provision for regular training of new staff and budgeting for replacement of marking equipment).

18.5.1 Only persons licensed as manufacturers or gunsmiths under the proposed new law may mark firearms. There are various stages at which a firearm can be marked. The Policy proposes that each firearm should be marked at the point of manufacture with a unique marking, providing the name and/or registered logo of the manufacturer; the country and place of

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manufacture; and the mark UG followed by the serial number issued by the CFR. The marking should be stamped on the barrel, frame and, where applicable, the slide. The marking should be done to specification as determined by the Forensic Laboratory.

18.5.2 All firearms under the jurisdiction or control of the State, including those for use by the armed or security forces should be marked with the mark UG, followed by a star (“ ”۞ ) to indicate that they are state-owned firearms. The Policy proposes that all current stock that does not conform to the marking mentioned here be marked over a period of three years.

18.5.3 Imported firearms should be stamped at the time of import with a simple marking, permitting identification of the country of import and the year of import, and an individual serial number, if the firearm does not bear one at the time of import. This is in accordance with the provisions of the Nairobi Protocol.

18.5.4 Any person, institution or dealer wishing to import firearms into Uganda must register with the CFR as an importer. On registration this person or institution will be issued with a registered three-letter code, for marking all firearms that he or she will subsequently import into Uganda.

18.5.5 Firearms manufactured and sold in the Republic of Uganda by a licensed dealer, regardless of their origin, must be numbered on the barrel and on the frame (this includes pistols). All firearms sold in the Republic of Uganda, regardless of origin, must also bear the proofing authority’s proof mark. The stamping of the serial numbers must be in accordance with the minimum standard described in the regulations.

19.0 IMPORT, EXPORT, TRANSPORT, TRANSIT AND BROKERING OF FIREARMS AND AMMUNITION

19.0.1 Uncontrolled transfers and trafficking from other countries and regions of the world represents a major source of supply for illicit firearms into Uganda, and the Great Lakes Region and Horn of Africa in general.

19.0.2 The NAP calls for export and transfer controls to be tightened, ensuring that these are consistent with regional and international agreements, as well as with Uganda’s existing commitments under international law, and that all transfers of firearms are explicitly authorized by the exporting, importing and transit states involved in any transfer. While some controls exist these are not sufficient and this Policy outlines a number of steps to govern the licensing of firearms transfers.

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19.2 Procedure for the issuing of permits to transfer firearms or ammunition

19.2.1The proposed new Act should control, through the issuing of permits, the import, export, transport, transit and brokering of all firearms and components of firearms.

19.2.2 This proposed new Act should prohibit any person to act as an importer, exporter, broker or transporter of firearms or components of firearms unless he/she is licensed as such by the CFR. In addition a permit must be obtained for each consignment and which permit must be evaluated on its own merit.

19.2.3 The CFR shall not authorize permits in relation to firearms or ammunition that do not have all relevant and appropriate markings, in line with the requirements stipulated within this Policy.

19.2.4 An application for export permits should not be considered until the exporting authority is in possession of an import licence or permit, an End-User Certificate from the recipient country and transit licences/permits from all countries of transit where appropriate. The validity of these documents will be verified at the CFR.

19.2.5 All applicants for a permit to import, export or transport firearms, their components, ammunition and other related material should have proven track record of compliance to the use of authenticated end-user certificate.

19.2.6 The CFR should not issue any permits in relation to any transactions that do not adhere to the Arms Transfer Criteria stipulated in this Policy. Provision must be made to seize any firearms that are being illicitly imported, exported or transited.

19.2.7 The proposed new Act should provide the authority to seize any firearms that are being illicitly imported, exported or transited;

19.2.8 Accurate records of all import, export and transit transactions must be kept for a minimum period of 25 years. These requirements for record keeping should apply equally to all transfers made by the Government structures of Uganda, including parastatals.

19.3 Requirements to be met by Applicants for Permits to Transfer Firearms, Ammunition or Components

Any person transferring a firearm, ammunition or components of a firearm must first apply for a permit to do so. The application must provide full name

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of applicant, details of licence to operate as an importer, export, broker, transporter, type of permit under application and certified copy of identity document, proof of the ability to safely store the firearms while being transported, details of the transport route, and end-user certificate where applicable. The application must also be accompanied where applicable, by a consignment note, copies of the import, export and transit permits.

19.4 Duties of the Designated Firearms Officer

The DFO shall carry out a thorough background check on every applicant for a permit to transfer firearms or ammunition. Once the application for the permit has been processed and is approved, the responsible officer at the CFR must verify and certify the information contained in the printed permit against the original documentation file before issuing the permit to the station of application.

19.5 Information on the Transfer Permit

The transfer permit must have the personal details of the applicant, physical address, date of issue, expiry date, details of the firearms, country on import or export, details of transport route and name and address of end user.

19.6 International Arms Transfer Criteria

19.6.1 The NAP calls for strengthening of export and transfer controls (covering the import, export, transit and transhipment of arms, and arms brokering activities), ensuring that these are consistent with regional and international agreements, as well as, with Uganda’s existing commitments under international law. The proposed new Act should provide for steps to ensure Uganda’s firearms transfer controls are in conformity with the common regional and international standards and procedures governing international firearms transfers.

19.6.2 The proposed new Act and regulations should provide criteria to be applied to decide whether or not to allow a transfer to take place. Permits should not be issued in relation to any transactions that do not meet the arms transfer criteria outlined below. These criteria apply equally to all firearms and ammunition transferred, regardless of whether the firearms are locally manufactured, being re-exported, are in transit or transferred through a broker.

19.6.3 This should apply to all transactions including all government-sanctioned transactions and should provide for state-to-state, state-to-private end-user, commercial sales, leases and loans, gifts or any other form of transfer of material goods or credit or expertise. The proposed Act and regulations should clearly elaborate the framework within which international

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transfers by the state should operate, clarifying how decisions are made, against what criteria, how these transfers are verified and by whom, what record-keeping and marking should take place and the systems of public and / or parliamentary oversight and scrutiny that should operate to ensure full accountability of the Government decisions relating to the international transfers of firearms.

19.3.4 The CFR shall not authorize transfers which would violate Uganda’s direct obligations under international law that Uganda is a signatory to, including obligations under the Charter of the United Nations.

19.3.5 The CFR should not authorize transfers which are likely to:

(a) be used for the violation or suppression of human and peoples’ rights and freedoms, or for the purpose of oppression,

(b) be used for or to facilitate the commission of serious violations of international humanitarian law applicable in international or non-international armed conflict,

(c) be used for or to facilitate acts of aggression against another state or population, threatening the national security or territorial integrity of another state,

(d) worsen the internal situation in the country of final destination, in terms of provoking or prolonging armed conflicts or aggravating existing tensions,

(e) to be used to carry out terrorist acts or support or encourage terrorism,

(f) be used other than for the legitimate defence and security needs of the recipient country,

(g) be used for or to facilitate the commission of violent crimes,

(h) be used for or to facilitate the commission of genocide or crimes against humanity,

(i) be used in acts of aggression against another State or population, or to threaten the national security or territorial integrity of another State,

(j) adversely affect regional security; to endanger peace, introduce destabilizing accumulations of arms or military capabilities into a region, or otherwise contribute to regional instability,

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(k) adversely affect sustainable development through the excessive or unjustifiable diversion of resources from social expenditure to military expenditure,

(l) involve corrupt practices at any stage, from the supplier, through any middlemen or brokers, to the recipient, and

(m) contravene other international, regional or sub-regional commitments or decisions made, or agreements on non proliferation, arms control and disarmament.

19.3.6 The CFR should take into account the recipient’s:

(a) record of compliance with international law, including international humanitarian law and international human rights law,

(b) record of compliance with end-use undertakings and diversion,

(c) stockpile management and security procedures,

(d) ability and willingness to protect against unauthorized transfers, loss, theft and diversion, and

(e) record of compliance with commitments and transparency in the field of non-proliferation, arms control and disarmament.

19.4 End-User Certificates

This Policy calls the development of a system of authenticated end-user certificates. The end-user certificate should be a prerequisite for the approval of all transfer permits in Uganda. The system proposed includes a standardized format for end-user certificates containing security features to prevent abuse or fraud, and processes and procedures to enable officials to verify the authenticity of the end-user certificates. The end user certificate should contain a detailed description of the goods, names and addresses of parties involved and procedures that must be followed in the case of re-export, including a requirement that approval be gained from the original exporting country before the re-export is allowed.

19.5 Duration of Validity of Permit

Each permit to transfer firearms or ammunition is valid only for the specific transaction and consignment of firearms to which it relates and is valid only for 1 year from date of issue – i.e. if that specific transfer does not take place

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within 1 year of the permit being issued then the permit becomes invalid and the transfer cannot take place.

The permit to transfer firearms or ammunition is only valid as long as the permit holder complies with the permit conditions and with the conditions of their licence to operate as an importer, exporter, broker or transporter.

19.6 Duty to Carry a Permit

19.6.1 The proposed new Act should make it compulsory for any person importing, exporting, transporting, transiting firearms or ammunition to be in possession of the relevant permit and licence.

19.6.2 Furthermore, provision should be made for the immediate seizure of a firearm or ammunition by a police officer, as well as the safekeeping of that firearm or ammunition, until the said person can produce the relevant licence and permit authorizing his other possession or transfer of the firearm or ammunition.

19.7 Revocation, Suspension and Withdrawal of Permits

Under certain circumstances permits may be revoked, suspended or withdrawn. The permit should be revoked, suspended or withdrawn if false information, change of details of applicant, where there is an embargo, situation has changed in recipient country, one of the parties included in the transaction has been charged with an offence which impacts on their suitability to conduct such a transaction, one of the parties has been declared bankrupt or insolvent, the risk of divergence from the stated end user increases.

19.8 Record Keeping and Reporting Requirement

19.8.1 The details of all permits (including those applying to all international transfers of firearms made by the Government structures of Uganda, including para-statals) should be entered under one centralized computer system at the CFR. The CFR should maintain these records for a period of not less than 25 years. The details of all imports and exports involving the Government institutions must be maintained in the MFR.

19.8.2 All transfer permit holders must to keep a written and electronic register of all transactions involving firearms and ammunition in safe storage for a period of not less than ten years after the date of the last entry.

19.8.3 The CFR should submit quarterly reports to the AMAD Committee on all imports, exports, transfers and transits authorized by it. The AMAD

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Committee should submit annual reports to the Minister for Internal Affairs and RECSA on all imports, exports, transfers and transits authorized by it.

19.9 Safe Storage, Premises and Vehicle Requirements

19.9.1 All persons in possession of a licence to transfer firearms or ammunition are required to have the appropriate safe storage facilities at the business premises, and the vehicle utilized for transportation purposes (where applicable), as stipulated in this Policy.

19.9.2 The premises or vehicle utilized by a permit holder to transfer firearm or ammunition are required to meet stringent security measures. The premises should have the necessary safes or strong rooms. The vehicle should be in constant radio contact, have a vehicle tracking device and, with large consignments, the vehicle should be escorted.

19.9.3 The permit holder should have their premises and vehicles regularly and routinely inspected. Routine inspections should be carried out at least once per year, and should evaluate adherence to this Policy. Impromptu inspections of premises or vehicles may occur at any time.

19.10 Information Exchange and Oversight

19.10.1 Efforts to combat and prevent illicit trafficking in, and proliferation and misuse of, firearms are hampered by lack of publicly available information. It obstructs inter-agency co-ordination and appropriate regional and international co-operation. The NAP recommends the review of present arrangements for making information public relating to firearms and to the implementation of the NAP and the relevant regional and international instruments on firearms.

19.10.2 This Policy proposes measures to enhance transparency, information exchange and harmonisation across the region. There should exist appropriate mechanisms for co-operation and information exchange between licensing authorities and customs authorities, as well as among customs authorities themselves.To assist information exchange, all relevant documentation for transfers should be standardised across the region. The relevant laws, regulations, procedures and documentation relating to the import, export and transit of firearms should be made available to all parties involved in import, export and transit. Lastly, annual reporting should be made to the national parliament of all transfer licences issued.

19.10.3. While levels of international transfers of firearms into, out of and through Uganda are relatively small in global terms, the Government should still provide regular information on its Policy and practice in this regard. This will offer formal opportunity for civil society to scrutinize the Policy or practice

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of the Government in conducting international transfers of firearms, and to ensure that the Government is accountable to its international, regional and national commitments.

19.10.4 This Policy calls for the enhancement of formal systems of parliamentary oversight. More specifically, the Policy proposes that the role of the appropriate committee of Parliament, such as, the Committee on Defence and Internal Affairs should be strengthened by providing it with regular and detailed information on the Government’s Policy and practice in relation to international transfers of firearms, data on procurement practices and budgetary spending on the purchase of arms. In addition, a system should be institutionalized to publish national reports on Policy and practice in relation to international transfers of firearms by the state and civilians, including numerical values on the numbers of licences authorized for the transfer of firearms into, out of and through Uganda; to report to international institutions, including the UN Register of Conventional Arms and the UN Commodities Trade Statistics Database.

19.10.5 Brokering

Brokering is defined in the Nairobi Protocol as acting for a commission, advantage or cause whether pecuniary or otherwise to facilitate the transfer, documentation and/or payment in respect of any transaction, relating to the buying or selling of firearms and thereby acting as an intermediary between any manufacturer, or supplier of, or dealer in firearms and any buyer or recipient thereof. It is generally recognised that brokers play a significant role in the illicit proliferation of firearms and as such their activities need to be carefully regulated.

The proposed new Act should provide for establishing controls on the activities of brokering and shipping agents and should apply to any Ugandan passport-holder, wherever located, any foreign national who is resident in Uganda and any company that is registered or incorporated in Uganda.

Brokers must obtain licences to operate as brokers, as well as permits in relation to each consignment of firearms or ammunitions or components.

19.11 FIREARMS IN STATE POSSESSION

The majority of firearms in Uganda are those possessed by the State and used by the Government and law enforcement agencies for the purposes of national defence and to maintain law and order and provide security to the public. Firearms are also possessed by auxiliary security forces, such as Local Defence Units. It is vital that these firearms are controlled, managed and used responsibly, in order to ensure that the rights and security of

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civilians are protected and to prevent these firearms from being misused or diverted for illegal purposes. It is also crucial that the State effectively regulates and oversees the management of firearms by private security organisations, and the repair and management of firearms by the Defence industry.

This Policy embraces the steps identified by the NAP to improve stockpile management and further outlines some specific measures below to enhance control and management of firearms under state possession.

The Policy calls for mandatory physical stocktaking, at least once every year, by all State Agencies, PSOs, LDUs and auxiliary security forces, and requires that a verification of the correctness of the data take place.

All State Agencies should be compelled to register all transfers and transaction of firearms in their possession within the borders of Uganda, this includes transfers and transactions involving firearms held or controlled by the UPDF, which must be registered in the MFR.

State agencies should not be allowed to transfer ownership of firearms in their possession to private individuals or institutions within Uganda. A much more responsible Policy would be to destroy obsolete and surplus firearms in possession of the State, rather than disposing of such firearms in any other way.

This Policy places an obligation on government employees to manage those firearms entrusted to them for the purpose of their official employment, in a responsible manner and as expected of any licensee. In line with this requirement, every government agency should issue an employee with a permit (an official document not unlike a firearm licence), authorizing his other possession and use of a specific State firearm and indicating the restrictions and conditions of possession.

The employee of a government agency, who holds a permit to possess a State firearm for the purpose of his or her employment, should carry that permit on his / her person when in possession of the firearm.

An employee, to whom a State firearm has been issued, will comply fully with the regulations and requirements for legal possession of a firearm, namely undertake a course in firearm legislation, have been tested to the standard required by the Registrar, have successfully completed a practical training course in the safe handling of a firearm to the standard required by the Registrar, before he/she is deemed fit to posses a firearm.

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Unless otherwise authorized in writing (permit), an employee should return the relevant firearm to the employer’s store of firearms at the end of each period of duty by the employee.

Negligence with, or loss of, a state firearm by any state employee should be prosecuted in a court of law. There should be an obligation on Heads of Government Agencies to announce and prosecute all cases of negligence with, and loss of firearms by state employees. 19.12 STOCKPILE MANAGEMENT

Stockpile management is a method used to ensure that the quantity and type of firearms in the State armoury is sufficient to meet its needs both currently and in the future. This process ensures that the State does not have an over or under supply of firearms.

19.12.5 Joint Planning and Forecasting

This Policy requires that government security and law enforcement agencies undertake joint planning of the utilization of the current stock and the forecasting of future firearms needs of Uganda. This should entail joint planning through formalizing the institutional framework for arms management, establishing a body that determines the national needs, capacities, and surpluses and how to deal with them and establishing the principle issues on which such decisions are based and mapping out the path for the recommendations of such a body, the feedback loop and the governance oversight required.

19.12.6 Acquisition Management

The process of acquiring firearms for the national inventory of Uganda must be regulated under the proposed Act. This means ensuring that the process of acquiring firearms for the national inventory is undertaken within the parameters of what constitutes acceptable practice and standards for trade in firearms, adhering to these minimum standards and guidelines, developing an acquisition plan to assist with the disposal of firearms as and when existing stocks are replaced by the new stock and establishing a control process as part of acquisition management which applies throughout the initial placement of the order until the acquisition is on the inventory and in storage. 19.12.7 Improving National Stockpile Management and Security

Large quantities of firearms are held by armed forces, police, and other state agencies. These stocks are a key target for criminals, bandits and armed groups wishing to obtain such firearms. Losses from state stocks and those in legal private possession, through theft, corruption or neglect represent a major source of illicit weapons, globally. These losses can take place particularly

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where accounting systems and procedures for stockpile management are inadequate. Ensuring proper management of and accountability for state-owned stocks of firearms, as well as those in legal private possession is a major challenge requiring significant organizational and financial resources. The NAP calls for the improvement of facilities and procedures for the storage and security of state owned stocks.

A plan containing the protection and response measures in emergency situations for the safe guarding of the firearms in storage should be developed. This will include overall site security plan, together with comprehensive regulations for the specific stockpile location; and conducting a security assessment to determine the appropriate lock-and-key and other physical security measures based on the location and type of the stockpile.

The Policy proposes the establishment of inventory management and accounting control procedures. These measures should require that duplicate records of both the inventory of firearms and account for the stores should be produced, backup copies of the data should be maintained, records should be kept for 25 years, and regular audits of records and inspections of firearms stores, including spot checks, should be undertaken.

A system for the effective investigation and clarification of the loss and theft of firearms that might occur, as well as the effective prosecution of any violations should be established. Any loss should be reported immediately containing full details of how the loss occurred.

Furthermore, the Policy proposes the appropriate selection, recruitment and security training of stockpile staff and other key personnel should receive periodic training on regulations.

19.13 REGIONAL AND INTERNATIONAL COOPERATION

The NAP identified neighbouring countries as a significant source of illegal firearms in Uganda. It was reported during the national assessment that firearms were entering Uganda from Sudan and DRC, and were also trafficked from Ethiopia and Somalia, via Kenya. Law enforcement officials raised concerns that Uganda’s existing border controls were ineffective in preventing or interrupting the flow of illegal firearms, and that customs officials lacked sufficient powers to search and detect illicit firearms in transit through the country. They also highlighted the regional nature of the firearms trade and stressed the need for cooperation with neighbouring countries in order to address insecurity in border areas and develop joint strategies for tackling the illegal trade in firearms.

In order to deal with these issues the law enforcement officials identified the need for specialised training on firearms for border control officials, as well as, for resources to increase the number of border posts, increase staffing and

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improve screening facilities.

19.13.5 Cooperation

The Policy proposes establishing mechanisms to strengthen cooperation among police, intelligence, customs and border control officials at a sub-regional level in combating the illicit circulation and trafficking in firearms and suppressing criminal activities relating to the use of these weapons. It calls on law enforcement agencies to promote effective law enforcement including strengthening regional and continental cooperation among police, customs and border control services to address the illicit proliferation, circulation and trafficking of firearms.

These efforts should include, but not be limited to, training, the exchange of information to support common action to contain and reduce illicit firearms trafficking across borders, and the conclusion of necessary agreements in this regard.

19.13.6 Capacity Building of Law Enforcement Personnel

The lack of training and insufficient powers of search for customs officials and other border control officials to effectively detect illicit firearms in transit through the country was identified by law enforcement officials during the national assessment. The need exists to develop targeted training on smuggling and concealment techniques and improved knowledge of firearm-related issues such as firearms identification.

This Policy proposes establishing mechanisms to enhance the capacity of national law enforcement and security agencies, including appropriate training on investigative procedures, border control and law enforcement techniques, and upgrading of equipment and resources. A training manual on firearms should be included in the basic training curriculum of all law enforcement agencies including customs, immigration and other relevant departments. Customs and immigrations officials must be included in the law enforcement agency training programmes.

This Policy calls for a review of the effectiveness of the systems, structures and procedures at Entebbe Airport and other border/entry posts for inter-agency co-operation and the identification of requirements to enhance co-operation at all entry/border points. This should include reviewing, clarifying and clearly documenting the responsibilities and lines of authority of, and interaction between, agencies at border points, coupled with the implementation of joint training programmes on border security for officials from the different agencies.

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19.13.7 Communication

This Policy proposes that a process be put in place to establish and improve national databases and communication systems and acquire equipment for monitoring and controlling firearms movements across borders. All communications between National Central Bureaux relating to firearms should include the CFR and NFP Coordinators as an addressee in all instances.

19.13.8 Extradition Arrangement

This Policy proposes the establishment of mechanisms to introduce effective extradition arrangements with all State Parties to the Nairobi Protocol that do not have extradition agreements with Uganda, including establishing mechanisms to review the Schedule of Extraditable Offences so as to include those offences mentioned in this Policy.

19.13.9 Mutual Legal Assistance

This Policy proposes the creation of a mutual legal assistance system in order to cooperate with other State Parties to afford mutual legal assistance in a concerted effort to eradicate the illicit manufacturing and trafficking of, and control the possession and use of firearms. Details to be regulation.

The CFR shall have the responsibility and power to issue, execute and monitor requests for mutual legal assistance. Requests for mutual legal assistance shall be made in writing to the CFR. The CFR may seek any such additional information, which might be necessary for the execution of the request in accordance with its national laws.

19.14 OFFENCES AND PENALTIES

19.14.5 Offences

Any person who conducts an activity regulated in the proposed Act without the necessary authorization commits an offence and will be subject to such penalties as may be prescribed.

In addition, the proposed Act should provide for the creation of new offences in line with the requirements of the international and regional agreements and programmes of action to which Uganda is signatory.

Upon convictions on violent offences involving firearms investigating officers must forward to the CFR a copy of the court order or conviction record in the court rulings. Any ruling of unfitness by a court must be accompanied by a court order for the immediate seizure of the firearms licensed to the accused.

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19.14.6 Penalties

The Policy calls for severe penalties to be imposed for contraventions of the proposed new legislation in recognition of the seriousness of the problem of the illicit proliferation of firearms. The proposed Act should provide for sentences ranging from 15 to 25 years imprisonment

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The Policy, however, also calls for the introduction of administrative penalties where the offences are of a technical nature and not deemed serious. In some cases repeated contraventions of minor offences can lead to the revocation of a licence.

19.15 PUBLIC AWARENESS AND EDUCATION

The population survey carried out as part of the national assessment on firearms proliferation in Uganda indicated that there was a need for programmes to address demand for firearms and that a large proportion of the population would be willing to participate in activities to raise awareness of the firearms problem. Civil society organisations highlighted the importance of raising awareness of the dangers of firearms and of the NAP, in order to improve the ability of civil society and the general public to monitor and support the implementation of the NAP. Law enforcement officials identified the need to ensure that new laws relating to firearms were well understood by the public, following the review of firearms legislation.

There are three public awareness and education programmes formulated by this Policy, namely: a limited national firearm recovery programme accompanying the re-licensing initiative; a comprehensive public education and awareness campaign which reaches down to village level to ensure that the bulk of the population is aware that the existing Act has changed; and a long term education and public awareness campaign to reduce local demand for firearms by indicating the risks and full responsibilities associated with firearm possession.

The NFP would be responsible for the development and implementation of these education and public awareness campaigns.

All public awareness and education programmes should be established in such a way that they identify the target audience for the public awareness raising campaign and the best means to reach them, and ensure that all public awareness raising campaigns and activities are gender and youth sensitive. 19.16 INSTITUTIONAL FRAMEWORK

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The Policy proposes the establishment of a number of administrative structures that will enable the effective management of firearms by the state, as outlined below.

19.16.5 Arms Management and Disarmament Committee (AMAD)

This is an inter-departmental committee comprising representatives from a range of government ministries and departments, responsible for overseeing the implementation of the proposed Act. The members of this committee are appointed by the Minister for Internal Affairs. The Policy suggests the composition of the AMAD Committee consists of the Registrar, Deputy Registrar, Logistics Officer of the Uganda People’s Defence Force (UPDF), the UPDF officer responsible for the Military Firearms Registry (MFR – see below), Deputy Chief Inspectorate of explosives, officer responsible for the NFP, representative from the Attorney General’s Office, representative from the Department of Wildlife specifically tasked with anti-poaching and hunting activities. The AMAD Committee should also have the authority to co-opt specific experts as and when they are needed such as a ballistics expert.

The duties and obligations of the AMAD Committee include overseeing the implementation of the proposed Act and advising the Minister for Internal Affairs on any matters arising from the proposed Act. The AMAD Committee must determine any firearms and ammunitions that are, in the opinion of the committee, dangerous to the community at large, not in the interest of the security of the state, not in the interest of the enforcement of the law in general and of which ownership and / or use should be restricted or prohibited, and advise the Minister accordingly, as well as, advise the Minister on any specific matter regarding firearms, as may be requested by the Minister.

19.16.6 National Focal Point

During the national assessment, the NFP identified the development of the institutional capacity to implement the NAP as a priority. Strengthening the capacity and effectiveness of the NFP was, therefore, identified as an important objective upon which the successful implementation of the NAP depends.

In addition the NFP and law enforcement officials recognised that coordination mechanisms would need to be established and strengthened in order to support the implementation of the NAP at the regional level. As such, they recommended the establishment of RTFs in each of Uganda’s police administration regions, and identified training and capacity-building of RTFs as an important condition for the successful implementation of the NAP . They similarly proposed the establishment of District Task Forces (DTFs) at district level.

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The Policy establishes the NFP as an inter-departmental body within the Ministry of Internal Affairs, comprising representatives from a range of government ministries and departments, and civil society, responsible for coordinating national action on firearms control. The Policy proposes that the NFP consist of representatives from the under-listed agencies. The Minister for Internal Affairs may vary the composition of the NFP as may be necessary for the effectiveness of the body. Ministry of Internal Affairs (Police, Immigration, Amnesty Commission,

Uganda Prisons Service) Ministry of Defence (UPDF) Ministry for Security (Internal and External Security Organisations) Ministry of Foreign Affairs Ministry of East African Community Affairs Ministry of Justice and Constitutional Affairs Ministry of Education and Sports Ministry of Gender, Labour and Social Development Ministry of Tourism, Trade and Industry Ministry of Finance, Planning and Economic Development Office of the Prime Minister, with special emphasis on those sections

focused on:- Directorate of Information- Karamoja Development- Northern Uganda Reconstruction- Disaster Preparedness and Refugees- Conflict Prevention, Management and Resolution (CPMR)

Civil society.

Civil society representatives should be included within the membership of the NFP in recognition of the important role that civil society can play in tackling the proliferation of firearms, including research, information collection, public awareness raising, and advocacy.

The functions of the NFP at the national level include:a) overseeing the implementation of the regional and international

agreements on firearms control, including the legally binding Nairobi Protocol;

b) leading, co-ordinating and monitoring, in co-operation with the Regional and District Task Forces, the implementation of Uganda’s NAP;

c) ensuring the effective co-ordination, partnership and sharing of information between the Government and civil society;

d) conducting and facilitating research on issues pertaining to firearms controle) identifying and disseminating best practices and lessons learned in relation

to firearms control; andf) building the capacity of all stakeholders to undertake effective action on

firearms control.

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The functions of the NFP at the sub-regional / international level include:a) ensuring effective co-ordination and sharing of information with NFPs in

other countries, and with the Regional Centre on Small Arms (RECSA), so as to enable the effective implementation of the regional and international agreements on firearms control;

b) promoting the regional and international development and implementation of Best Practice Guidelines and the harmonisation of Policy, legislation and practice; and

c) reporting to relevant regional and international bodies on Uganda’s implementation of the regional and international agreements on firearms control.

19.16.7 Regional Task Force

The composition of the RTFs reflects that of the NFP and comprises regional level representatives of relevant departments and bodies, although some variations may occur from region to region based on the specific conditions and needs of a particular region.

The functions of the RTF are to implement and monitor the NAP at the regional level. RTFs are required to co-ordinate all action on firearms control at the regional level, in line with national objectives. As with the NFP, the RTFs will co-ordinate and interact with civil society, conduct and facilitate research, facilitate information exchange, identify and apply lessons learnt, and build and maintain capacity of all stakeholders.

19.16.8 District Task Forces

The composition of the DTFs reflects that of the NFP and comprises district level representatives of the same departments and bodies., although some variations may occur from district to district based on the specific conditions and needs of a particular district.

19.16.9 Central Firearms Registry

The Central Firearms Registry (CFR) maintains records of state-owned firearms as well as those that have been licensed for civilian use, and should enable law enforcement agencies to monitor the legal possession of firearms by civilians. Law enforcement officers can deal with illicit firearms once they are able to establish what is licit. However, the national assessment found that national records are insufficient and cannot provide for the needs of law enforcement, control and investigation.

The Policy proposes some radical changes to the existing CFR in line with the recommendations of the NAP. This includes establishing a mechanism to

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review the operations of the CFR, the structure of the CFR, verification of existing data on both civilian and state owned firearms and improvements in recordkeeping procedures. The proposed Act and regulations will outline the steps that should be taken in order to improve the accuracy of records on both state and civilian owned firearms in Uganda, reform and modernize the CFR. The Policy proposes that the CFR should be modernised and transformed into an electronic database for national recordkeeping, control of the national stockpile and to assist with investigation, national information needs and sub regional co-operation. The CFR will also maintain research and public education sections.

Recognizing that the effective implementation of such a structure will involve considerable resources, the Policy recommends that the State makes available the necessary resources to support these reforms.

19.16.9.1 Firearms RegisterThis Policy proposes that the Firearms Register (Database) should be maintained by the CFR and be a central and unique database containing information on all firearms in the country, including those in both State and non-State possession. The Registry should be updated, modernized and, as a matter of urgency, transformed into an electronic database for national recordkeeping, control of the national stockpile and to assist with investigation, national information needs and sub regional co-operation. The database should be available 24 hours to allow investigating officers to access information on a consistent basis. This should entail verifying all of the information held in the existing Firearms Registry.

The re-design of the Firearms Register (Database) must enable it to fulfill its functions in line with the Policy. This means that the new system must be able to deal with the re-licensing of existing firearm licences, making provision for the new system of licensing, providing for the proposed links between this database and others, the issuing of permits for import, export and transit, make provision for specialized categories of licence holders such as hunters, the issuing of all types of permits, the receipt of information from dealers and manufacturers.

The Firearms Register must also control firearms of the deceased or liquidated estates.

The database must also keep record of all firearms in the possession of the state.

The Policy proposes that the CFR should maintain records on licences (including refusals), permits, gunsmiths, brokers, dealers, manufacturers, importers and exporters, transporters, theft and loss, transfers from civilian to

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state possession and vice versa, recovery, collection, seizures, surrender and destructions of firearms.

19.16.9.2 Details of information to be kept by the Firearms Register

Civilian PossessionThe Firearms Register should keep detailed information about the licence holder and the firearm. The name, address, date of birth, photograph, and gender of the person in whose name the firearm is registered must be kept. This information should include the particulars of the next of kin of the registered owner of a firearm and all details about the firearm.

Firearms in State possessionThe Firearms Register should keep and maintain a register of all firearms in legal State possession. This includes all machine-guns, assault-rifles, rifles, shotguns, pistols and revolvers (up to and including 12.7 millimetres or 0.5 inches in calibre).

In addition, the Firearms Register will keep information regarding the State agency under whose control the firearm is, or in whose safekeeping or legal possession the firearm is and all details about the firearm.

In addition, the CFR is required to keep information about particulars of the movement, transfer, sale, destruction, etc of the firearm, within 30 days of such action taking place. The Policy proposes that the new Act should make the reporting of loss and / or theft of firearms from State armouries compulsory and within the same parameters as for those in legal non-State possession.

19.16.10 Military Firearms Register

The Policy proposes the creation of the Military Firearms Register (MFR). The MFR is seen an integral but distinct component of the Firearms Register. The MFR will contain information regarding those firearms in the possession and / or control of the UPDF, including those issued by the UPDF to auxiliary forces, vigilantes and other state or non-state actors, in accordance with approved Policy regarding the arming of auxiliary forces.

The MFR will be established and structured in the same manner as the rest of the Firearms Register, so as to enable the controlled sharing of information in limited and controlled circumstances between the MFR and the Firearms Register. Besides serving as an indispensable tool to strengthen stockpile management, the MRF will also support law enforcement purposes, investigation of firearms-related crime, facilitate the tracing of firearms and the sharing of information amongst law enforcement agencies at the regional and international levels.

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Access to information from the MFR by other law enforcement agencies will be conducted through the Registrar of Firearms and the AMAD Committee. Any requests for information from the MFR will be forwarded to the Registrar, and the Registrar (or any senior officer delegated by him) will authorise these requests before they can be forwarded to the MFR.

19.16.11 Registrar

The Inspector General of Police should be appointed as the Registrar of Firearms. The Registrar will be accountable to the Minister responsible for Police and be responsible for overseeing the functions of the registry including overseeing requests for information from the MFR.

The Registrar will advise the Minister on matters arising from the proposed Act, the enforcement of the proposed Act, matters arising from society regarding firearms, and any consecutive amendments and recommendations as necessary. The AMAD Committee will assist the Registrar in performing these functions.

The Registrar may - by instrument in writing - delegate to any person any of the Registrar’s powers and functions under the proposed Act. Any delegation under the proposed Act will be revocable at will, and does not prevent the exercise of any power or function by the Registrar.

19.16.12 Deputy Registrar

The Registrar, in consultation with the Minister for Internal Affairs, should appoint the Officer in Charge of the Arms Management Department of the Uganda Police Force as the Deputy Registrar of the Firearm Register. The Deputy Registrar should be responsible to the Registrar for the day-to-day administration and management of the CFR, the duties and obligations of the CFR, as well as any other responsibilities delegated to him / her by the Registrar as arising from the proposed Act.19.16.13 Designated Firearms Office

The Policy proposes that Designated Firearm Offices be established by the Registrar at every district. The DFO is an office that will be staffed by police officials trained in issues relating to firearms.

The duties and obligations of the Designated Firearm Office will be to complete a thorough background check on every applicant and undertake the administrative procedures in supporting the processing of certificates, licences or permits. This would include a competency certificate to possess a firearm, an advanced competency certificate to operate as a manufacturer, dealer or gunsmith, a licence to possess a firearm, a licence to operate as a

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manufacturer, dealer or gunsmith, permits for the import and export of firearms and / or ammunition, a permit for the transport of firearms and / or ammunition, temporary permits for theatrical and other productions, a temporary permit for licensed international shooters, a temporary permit for exceptional circumstances or matters of urgency and end-user certificates.

19.17 LEGISLATION PROCESS

19.17.5 Replacement of the existing Firearm Act and amendment of related Acts, regulations and policies

The existing Firearms Act CAP 299 (referred to in this Policy as existing Act), its regulations and forms, should be replaced in its entirety by a new Firearms and Ammunition Act (referred to in this Policy as the proposed Act).

The proposed Act should incorporate the guidelines and recommendations in this Policy document, as approved by the Minister for Internal Affairs, the sections of the existing Act that remain valid and in place, and as many of the existing regulations as remain valid.

The proposed Act must incorporate, and be consistent with, the commitments, requirements and recommendations contained with the regional and international Protocols, Agreements and Programmes of Action to which Uganda is a party and which are listed in Annex 1 to this Policy document.

Other relevant Acts should be amended, where necessary, and as required by the proposed Act. See Annex 2 for a list of Acts that should be amended.

Other laws, regulations and policies with relevance to the issues dealt with in this Policy should be identified and amended as may be appropriate. These are likely to include, but not be limited to, those policies listed in Annex 3.

19.18 IMPLEMENTATION STRATEGY

A National Implementation Strategy for the implementation of this Policy should be developed, and implemented alongside Uganda’s NAP. The Strategy should outline and provide for the human and other resources necessary to ensure the successful implementation of the Policy and the establishment and implementation of the proposed Act and any transitional arrangements.

The Policy should be implemented alongside other aspects of the NAP including those elements relating to community-based policing, conflict resolution and human development planning, so as to ensure that those factors driving the demand for firearms are tackled effectively.

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The implementation strategy should clearly state the role of various structures and stakeholders in the implementation of the strategy. Primary structures in this regard include the Central Firearms Registry, Arms Management and Disarmament Committee, National Focal Point, Regional Task Forces, District Task Forces and civil society.

A shorter, summary version of the Policy should be developed, in partnership with civil society, for widespread distribution so as to ensure that citizens are aware of their new rights and responsibilities under the Policy and play an active part in its implementation.

Civil society organisations should play a central role in the implementation of the Policy and special efforts should be taken to ensure that CSOs from all parts of the country are supported to play this role. Special attention should be played to the role and needs of women and children in the implementation of the Policy.

A comprehensive strategy for monitoring and evaluating the success of Policy implementation should be developed at the outset and rigorously implemented. This strategy should provide for a central role for civil society.

Some aspects of the Policy require further consideration and elaboration as a crucial part of the implementation strategy. These elements include the potential for a fund for the victims of firearm related violence: consideration should be given to the establishment of a managed fund from which payments can be made to the victims of firearm related violence. The fund might be maintained through the levying of an additional fee added to the cost of obtaining a firearms licence. Research needs to be undertaken as a priority regarding the feasibility and details of this provision.

The issue of using non-monetary incentives to encourage the surrender of firearms should also be given further consideration. It is widely recognized that the use of monetary incentives or compensation creates an additional market for firearms and is thus not good practice in weapons collection programmes. It is therefore very important to undertake research to identify alternative and appropriate incentives and this must include consultations with target communities. Particular attention should be given to the identification of incentives that reward whole communities as opposed to individuals.

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