The Gunpowder and Explosives Act governs the importation and transit of explosives and other dangerous cargo into the island.

Transcription

1 National report by Jamaica on the implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects 1. Introduction The Government of Jamaica is committed to implementing the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all its aspects, adopted by the United Nations in At the national level: The Government of Jamaica has a Firearms Act which is the main piece of legislation governing the importation of arms and ammunition into the country. The Gunpowder and Explosives Act governs the importation and transit of explosives and other dangerous cargo into the island. A focal point within the Ministry of National Security has been designated to oversee coordination of the follow-up to the Programme of Action. At the regional level: Jamaica is a signatory to the Organisation of American States (OAS) Inter-American Convention against the Illicit Manufacturing and Trafficking in Firearms, Ammunition, Explosives and Other Related Material, which addresses the control of illicit trade in firearms at the regional level. As a member of the Caribbean Community (CARICOM), Jamaica is a member of the CARICOM Task Force on Crime and Security which has made recommendations on the matter of illegal small arms and light weapons. At the international level: Jamaica is a signatory to international instruments such as the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementary to the United Nations Convention against Transnational Organised Crime, adopted in 2001 by the General Assembly. Jamaica is a party to the United Nations Convention against Transnational Organized Crime and its three Protocols.

2 II. Action at the national level (a) National concerns Jamaica does not manufacture small arms and light weapons. The proliferation of illicit small arms and light weapons into Jamaica, coupled with the continued scourge of the illicit trafficking of narcotic drugs, represents a very intrusive and dangerous force that is highly detrimental to national security. In spite of persistent efforts by Jamaica s law enforcement officials, the smuggling of arms into the country, often by ingenious methods, continues to be of serious concern. The trade in illicit weapons is linked to the illicit drug trade, as guns are often exchanged for drugs and also used by gang members to reinforce and protect their turf and contraband from their rivals. The rise in violent crimes has subsequently led to the increase in private firearm permit holders and the mushrooming of private security firms. As of December 2004, there were approximately 50,000 licensed firearm holders in the country. The smuggling of arms is not restricted to whole weapons but also parts of weapons and ammunition. The statistics listed in the chart below highlight the serious effects that small arms have been having on Jamaica over the past four and a half years. Families and friends of victims have been traumatized and dislocated as a result of the deaths and injuries caused by the use of weapons by individuals who are bent on creating havoc across the island Up to June 19,2005 Guns Recovered Ammunition Recovered 55, ,922 19,012 3,989 Homicides Using 789 5, , Small Arms and Light Weapons Illegal arms and ammunition arms which have been recovered are destroyed by the Ministry of National Security. In 2002, over 1,430 illegal weapons seized over a number of years were destroyed. The last such exercise was conducted in July 2004 in which 10, 132 guns were smelted. The connection between the inflow of illicit small arms and light weapons and illicit drugs is impossible to separate. Jamaica is, unfortunately, a major transshipment point for illegal drugs such as cocaine. This activity has resulted in the inextricable link as one of the main sources of the importation of illegal arms and ammunition into the island. Weapons are 3

3 often times exchanged for drugs and vice-versa, in addition to being used to protect the drugs that are en-route to destinations in North America or Europe. Trafficking of both drugs and guns are done either via go-fast boats, creatively hidden in cargo containers, light aircraft and even fishing boats used by local fishermen who meet drug and gun dealers out at sea. Weapons such as AK47 s and M16 s are popularly smuggled in from South and Central America. Intelligence reports suggest that some of these weapons are suspected to have been used in armed conflicts that took place in Nicaragua and El Salvador in previous decades. (b) National Measures (i) Border Security Jamaica recognizes that it has a problem with the influx of arms into the country and welcomes the United Nations Programme of Action (UN PoA) to assist it in fighting the scourge of illicit Small Arms and Light Weapons. The first area of priority is strengthening our borders, in particular our vulnerable yet viable seaports. Jamaica has obtained International Shipping and Port Facility Security Code (ISPS) certification for most of its ports and continues to improve and upgrade security. As part of the upgrade, the Port Authority of Jamaica in late 2003 acquired 8 Vehicle and Cargo Inspection System (VACIS) mobile and palette machines for the seaports, to examine both incoming and outgoing cargo containers to ensure that these are not contaminated with arms, ammunition or illicit drugs. In addition, all shipping companies and agents must obtain prior permission from the Ministry of National Security for the import, export, transit or transshipment of all arms and ammunition and dangerous cargo entering via the island s ports. This is also in keeping with the OAS Model Regulations for the Control of the International Movement of Firearms, their Parts and Components and Ammunition. Jamaica was selected in 2004 to be part of a project for the installation of the Small Arms and Light Weapons Administration System (SALSA) software, which will monitor the movement of arms and ammunition throughout the region. (ii) Import/Export Controls Regulations exist to govern the import and export of weapons. Under the current regulations, the Commissioner of Police signs the requisite import and export permit application forms for arms and ammunition which is then counter -signed by the Minister of National Security. This process allows persons to obtain the relevant permit from the Trade Board to import weapons and ammunition. This process is applicable to all persons wishing to import a weapon whether these are private firearm holders, dealers, security firms or 4

4 public entities such as the Jamaica Constabulary Force (JCF) or the Jamaica Defence Force (JDF). The Customs authorities will not release a weapon or ammunition without the requisite permit. (iii) Record-Keeping The Jamaica Constabulary Force currently maintains in a central location records of all legal firearm permit holders who are required to renew their licences on an annual basis. (iv) Legislative Measures A number of legislative measures are currently under debate by the Parliament. These measures are relevant to the control of small arms and light, weapons. These include: The Mutual Legal Assistance (Criminal Matters) Act The Extradition Act Interception of Communications Act The Money Laundering Act Proceeds of Crime Bill Port Security Bill Evidence Act The Government is continuously reviewing legislation to improve the security of the country. The Firearms Act, the main Act governing the importation of arms and ammunition, is to be comprehensively reviewed and amended to cover the smuggling and illicit import of Small Arms and Light Weapons into the island. Amendments are expected to include increased sentences and penalties regarding the import, export and distribution of arms and ammunition. It is also expected that relevant aspects of the Programme of Action (PoA) will be considered for inclusion in any amendments made to the Act, particularly for those issues related to the marking and tracing of weapons. The Gunpowder and Explosives Act will also be amended in order to increase the restrictions on the importation of dangerous goods and cargo. (v) Public Education The Government and the police force have been seeking to engage citizens in combating the proliferation and use of illegal weapons. There have been efforts through publications, radio, television, the print media and billboards to appeal to the wider public to report the 5

5 use of illegal guns in exchange for financial reward. One of the most significant public education campaigns is the Get the Guns campaign sponsored by the Private Sector of Jamaica which encourages people to provide information to the police on illegal weapons in their communities. If a weapon is recovered and/or an arrest is made, financial rewards are offered. The monetary amounts range from J$50,000 to J$100,000 depending on the type of weapon recovered. Less is offered for hand guns and the highest amount is offered for high powered guns, such as sub-machine guns and assault rifles. This campaign has been achieving positive results. Other activities involving the public include a programme to report crimes as well as an activity called Operation Kingfish, where rewards are offered for information which could lead to the arrest of criminal gangs and their leaders who are involved in arms trafficking, drug trafficking and other organized crime. III. Action at the international level The Government of Jamaica and the Jamaica Constabulary Force continue to be gravely concerned at the increase in the number of Small Arms and Light Weapons entering Jamaica, particularly from North and Central America. As a result, and in order to stem the inflow, much emphasis is placed on gathering evidence in order to identify the source of these weapons. One such means is through the assistance of the Bureau of Alcohol and Tobacco (ATF) to try and trace the origin of these weapons. For the period January 2000 to August 2004, some 900 trace requests were processed by the ATF for firearms recovered in Jamaica, with the highest number of 310 being traced to the state of Florida in the United States as a point of origin. A bilateral Memorandum of Understanding (MOU) was signed with the ATF in early 2005 in order to facilitate the accurate tracing of arms and ammunition smuggled into Jamaica from the United States. The MOU also ensures closer cooperation between law enforcement agencies on the cross-border transfer of arms and ammunition. Jamaica has concluded bilateral arrangements with a number of countries in order to strengthen cooperation in combating the illicit trade in small arms and light weapons. Jamaica is a signatory to the Organisation of American States (OAS) Inter-American Convention against the Illicit Manufacturing and Trafficking in Firearms, Ammunition, Explosives and Other Related Material and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementary to the United Nations Convention against Transnational Organised Crime. In September 2003, Jamaica ratified the United Nations Convention against Transnational Organized Crime and its three Protocols and intends to include the relevant articles in its domestic legislation. 6

6 IV. Conclusion The illicit trafficking and use of illicit firearms continues to have a devastating effect on the economic and social development of Jamaica. Jamaica is an avid supporter of the creation of an instrument for the standardization and compulsory marking of weapons, which will aid the tracing of such weapons as they move between states. Jamaica would welcome increased international aid and assistance to help reduce the inflow of these weapons in order to bolster the capacity of the country to deal with this problem. Jamaica will continue to support all the activities of the United Nation Programme of Action (UN PoA) and hopes that an international instrument to enforce the compulsory marking and tracing of weapons will soon be implemented by the United Nations. 7