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Towards a Safe and Secure Nation: The First Consultative
Conference on Firearm Control, Ownership and Administration
in Botswana, 13-15 May, 2003
Stocktaking, Central Firearms registration and operational
capacity and needs by the Director of CID - Ms L Mulawa
- Botswana's effort to control and regulate the
ownership of firearms and use came into effect
through the enactment and introduction of the Arms
and Ammunition Act of 1979. The Act was amended
in 1981 with a view to improving its effectiveness
and relevant to the challenges of the 1980s. The
Act's main aim was to control the use and spread
of firearms now referred to as proliferation which
at the time was not an issue of concern, as many
nations believed in relaxed conditions at the time.
Botswana's Legislative Provision
- The Arms and Ammunition Act prescribes a number
of control measures and systems which includes
private ownership of hunting firearms, the private
ownership of military-type firearms and all types
of handguns, registration and regulation of arms
and ammunition, including imports and exports,
manufacturing, sale and transfer, record keeping,
storage and safe custody of arms and ammunitions.
The Act further provides for the Arms and Ammunition
Quota Board and states very clearly that the Commissioner
is the overall administration of the Act and works
through the Central Arms Registry at Police Headquarters
to administer the Firearms and Ammunition Act.
International Instruments
- Botswana, as a member of the United Nations,
the African Union and the SADC, is duly committed
to ensuring that conventions and protocols passed
and adopted by these international bodies are harmonised
with our legislation in Botswana. This includes
the SADC Protocol on the Control of Firearms, Ammunition
and Other Related Matters, the Bamako Declaration
on an African common position on the illicit proliferation,
circulation and transferring of small arms and
light weapons and finally the United Nations Programme
of Action (UNPOA) to prevent, combat and eradicate
the illicit trade in small arms and light weapons
in all its aspects.
Botswana's Control System and Procedures
- The Act currently allows Arms Dealers to maintain
a record of stock and its keeping, and convey such
information to the Central Arms Registry on a quarterly
basis. The system has served us well for many years
but appears to be outdated since it does not satisfy
conditions set out by the SADC Protocol which requires
the monitoring and auditing of stocks. The records
are not yet computerized and therefore not linked
to the regional database.
- The Act allows some government departments namely
Botswana Police, Botswana Defense Force, Prisons
and Rehabilitation, Wildlife and National Parks,
Animal Health and Production and Agricultural Research
to keep firearms for their professional and official
use. All these departments keep a record of firearms
according to the suppliers regulations. In exception
of the Police Service and Defence Force, all departments
supply their number to the Central Arms Registry,
keep a file and keep the Central Arms Registry
posted on new purchases and losses. This system
also needs to be critically examined and a new
way of keeping records introduced to reduce opportunities
for abuse.
- The Act is very silent on the marking of firearms
and brokering. The marking of firearms as well
as a legal position on any intermediary role regarding
the manufacture, suppliers, dealers and recipient
of firearms, ammunition and other related materials
is of utmost importance. This is underscored by
the SADC protocol and Bamako Declaration which
makes brokering and the absence of marking of firearms
an offence.
Operational Needs
- Botswana has taken some measures and initiatives
to fulfill and meet the requirements of the instruments
that I have already alluded to. This includes among
others the designation of a contact person to oversee
the implementation of the UNPOA, Bamako Declaration,
and the SADC Protocol, the establishment of the
National Focal Point, or national Coordination
Agency with key representatives from stakeholders,
the infusion of firearm-related courses at the
International Law Enforcement Academy (ILEA), and
the Southern African Regional Police Chiefs Cooperating
Organisation (SARPCCO) courses.
Recommendations
- In order to control the proliferation of firearms
in Botswana we advocate for the following:
- Use of modern search and detection equipment
at the borders to prevent firearms trafficking.
- Harmonization of the Arms and Ammunition
Act with the Bamako, UNPDA and SADC declarations
and protocols.
- Increased public awareness campaigns posed
by misuse and unsafe storage of firearms.
- A comprehensive study on the scale and
scope of the proliferation of firearms in
Botswana.
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