16 June 2022 03:05 am Views - 4389
The Daily Mirror therefore focuses on the distribution of weapons within the society, how outdated laws assist those engaging in crimes and how Sri Lanka can put an end to its escalating gun culture.
Alleged link to Army deserters and drug addicts
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Police Officers investigating the crime scene at Bastian Mawatha following a shooting that happened earlier this year |
Speaking to the Daily Mirror, former Attorney General Palitha Fernando said that sometime back weapons were issued to VIPs as they were vulnerable to being victims of violence. “Many didn’t return the guns to the state. Subsequently certain underworld gangs were formed. Prior to issuing a licence a person’s background, police records etc., are checked. But now there is no specified criterion required to be met to possess a firearm. On the other hand many Army personnel deserted the Army while still possessing weapons and we haven’t been 100% successful in getting back those weapons. Today’s underworld possesses firearms and there are hired assassins. Sometime ago we heard of the white van culture and this is something we cannot condone. Then there are weapons like Gal Katas; which are locally manufactured guns. Sometimes politicians are authorised to carry a gun for their own protection,” said Fernando.
Recalling certain incidents that took place at the time, Fernando said that whenever there was a bank robbery or other daring robberies, an Army deserter was involved. “But for petty thefts, it was usually a drug addict. Army deserters are trained to handle weapons. However, weapons cannot be smuggled into the country,” he explained.
Human security over national security
The National Commission Against the Proliferation of Illicit Small Arms (NCAPISA) was setup during President Chandrika Bandaranaike’s tenure. This Commission was setup to coordinate approaches related to small-arms related problems in Sri Lanka. “At the time the Commission Secretary was Gotabaya Rajapaksa and it was he who signed the document as the Defence Secretary,” opined Vidya Abhayagunawardena, Coordinator for the Forum on Disarmament and Development (FDD). “The reason to setup this Commission was that it was around that time that the United Nations setup the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons (UN POA) and Sri Lanka chaired this programme. It was a huge boost for us and the government got technical support as well as funding. We setup the commission ((NCAPISA) and the first thing we did was form a gun amnesty and collected around 30,000 Small Illicit Arms from various places except the North and East because at the time the war was going on. But it wasn’t a proper survey because the war wasn’t over, there were Army deserters and they brought weapons to the South and the LTTE was selling weapons here and there. For the first time in South Asia we destroyed Illicit Small Arms at the Independence Square during 2006-2007,” said Abhayagunawardena.
“In 2008 we produced this report and the war concluded in 2009 and the Commission was dismantled thereafter. We questioned the government on why they dismantled it because we should have ideally continued the commission with the support from the UN. After the war, only a few civil society organizations spoke about human security. But our number one concern regarding the country is human security. National security is part of human security,” said Abhayagunawardena.
Abhayagunawardena further said that previous regimes hadn’t touched upon the subject of illicit small arms. “This should continue every year with the situation. In a post-war situation we should have a focus on human security and it is part of reconciliation. If I don’t have a job and cannot have at least one meal, I will try to rob a house, try to kill somebody, become an agent to bring drugs and I will go against the state. This is why we need a proper system in place.
“The most recent incident was the Easter Sunday Attack. A week before the Easter Attack the Christchurch Attack took place in Wellington. New Zealand is one of the best countries in the world when it comes to human security. Within a week Jacinda Adern banned the particular assault weapon and by mid April they amended their Firearms Act. All people handed over their weapons to the government and the government paid them money. That is development. But what about Sri Lanka?” he questioned.
Outdated laws
There are certain acts with regards to firearms and explosives including the Firearms (Amendment) Act No. 22 of 1996, Offensive Weapons Act No. 2 of 2011, Explosives Act and the Dangerous Knives Act or the Knives Ordinance. “But the fine for carrying a prohibited knife is only Rs. 50! The fine for the possession of illegal explosives is Rs. 25,000. Stamp fee for a weapon used in agriculture is Rs. 50. These Acts have been gathering dust and haven’t been amended at all. How can we say we live in a modern society if our laws and systems have been outdated? If the system and laws are in place violence will reduce. People would be aware of repercussions of carrying an automatic weapon. Locally we should amend existing laws and fines and we are requesting the government to increase the fines. The fine for carrying an illicit firearm should be raised at least to Rs. 500,000 given that the weapon is not used in any murder, theft or illegal activities. We don’t have to put people in jail, but if there’s a high fine, people wouldn’t attempt to engage in gun violence. If the firearm is involved in a murder the fine could be raised to Rs. 5 million,” he suggested.
Legal issuance of weapons
He further alleged that the gun registry at the Ministry of Defence is not automated. “As long as the weapon is registered with the Ministry of Defence there is no problem. They are responsible and they know the number of bullets issued and why they were used. But then again Sri Lanka’s gun registry is not automated. It’s a big book. This Commission report says that the gun registry should be automated with regard to the firearms. This way people will be protected. Countries like New Zealand, Japan and Switzerland are following these methods. Even Philippines- that had a massive drug problem- now seems to have a system in place. The Philippine President was bold enough to sign international conventions such as the Arms Trade Treaty (ATT),” he said.
Why Sri Lanka should ratify the ATT
“Therefore, what the Government should immediately do is look at the Commission report which is freely available online and see where we can start immediately. There’s a lot of funding available for the Government if it looks at the POA and the ATT. Sri Lanka should become a party to the ATT. Afghanistan and Maldives are the only two countries in South Asia that ratified the convention. Bangladesh is still a signatory. We say we are a neutral nation, but what is our neutrality if we don’t adhere to these conventions,” he questioned.
“If we become a party to the Treaty we can get a lot of technical and financial assistance from western nations. In 2018 Japan was the chair of the convention and the Japanese Ambassador to Geneva visited Sri Lanka and invited us to become a party to the ATT and Japan was ready to help Sri Lanka with technical and financial support apart from the UN. We therefore lost many opportunities. Even China, which is one of the biggest Arms producers in the world has become a party to the ATT. Therefore the Government should seriously look at the Commission report, amending the laws and becoming party to the ATT and POA,” he said in his concluding remarks while reminding that Sri Lanka is committed to fulfilling the Sustainable Development Goals and under SDG No. 16 one of the components is to reduce violence and the proliferation of illicit Small Arms.
“No records of weapons being smuggled”: Navy Spokesman
When asked about the smuggling of weapons into the country, Sri Lanka Navy Spokesman Captain Indika De Silva said that there are no records of weapons being smuggled into the country.
“No link between recent shootings and Army deserters”: Army media Spokesman
Responding to a query on Army deserters who left the Army with their weapons, Army media spokesman Brigadier Nilantha Premaratne denied any links between Army deserters and the recent spate of shootings. “If there is information about an Army deserter with a weapon he would be arrested immediately. Thereafter we take the weapon as well. But no such incidents have been reported so far,” said Brigadier Premaratne.
“Certain illegal weapons still being circulated”:MOD
However, when asked how a licence is issued to a person who needs a firearm, Ministry of Defence Media Spokesman Col. Nalin Herath said that reports of all legal weapons with a licence that are being circulated within society are maintained by the Ministry. This is the same when a licence is renewed as well. When a license is issued everybody from the Grama Niladhari of the particular area to the Divisional Secretary, Area Police-Officer-in-Charge and even the Inspector General of Police are informed,” said Col. Herath.
“But the problem is that there are certain illegal weapons which are still being circulated in society,” he continued. “Some have ended up in society and we don’t have records. Then there’s a drug mafia operating on one side. The underworld and drug mafia are also lined. So when somebody gets 100kg of heroin there’s an offer for weapons. Like a buy 1 get one free deal. Therefore we are in the process of formulating a strategy to apprehend perpetrators,” said Col. Herath.
Intelligence services on alert: SSP Thalduwa
Investigations pertaining to recent shootings are currently being done by the Sri Lanka Police. “As a means of preventive action being taken we have alerted the intelligence services as well,” opined Police Media Spokesman SSP Nihal Thalduwa. “These incidents fall into the category of organized crime and intelligence services are now assisting the police in apprehending perpetrators,” said SSP Thalduwa.
When asked if automatic weapons were used in recent crimes, SSP Thalduwa said that a T-56 assault rifle was found during the Modara shooting. “Other shootings were done mainly with pistols and revolvers,” he said.
SSP Thalduwa then explained several ways in which illegal weapons could be distributed among society. “Certain weapons were obtained by the LTTE during the height of the war. Those who engaged in these crimes sought support from Army deserters to gain access to weapons. Drug dealers import weapons from overseas contacts. But we have also found that the same weapon gets exchanged between gangs. If they don’t have a weapon they would contact someone who possesses one. Likewise there’s a large number of illegal weapons out in the society,” he added.
Minister requests for time to respond
This shows that Sri Lanka should prioritise amending the laws pertaining to firearms, explosives and weapons. However, when contacted, the newly appointed Public Security Minister Tiran Alles requested for more time from this newspaper to analyse the incidents and respond to questions.