Small
Arms and Insecurity
(i) Introduction
Since the end of hostilities between the various warring factions in 1998, Cambodia has faced the challenge of dealing with the huge numbers of small arms which remained in society. Since 1998, the government has been actively addressing the widespread and destabilizing proliferation of small arms. This sector does not fall under the NPRS[1]. These actions can be broadly categorised as follows:
Passing of Sub-Decree 38 in 1998 outlawing the possession of weapons by the civil population and the collection of large numbers of weapons in Phnom Penh.
Disarming, by the military and the police, of rural militias established to provide village level security during the civil war.
A request in 1999 to the international community for assistance in curbing the proliferation of small arms and light weapons.
Establishing the National Commission for Reform and Management of Weapons and Explosives in Cambodia (NCRMWEC) in 2000.
Collection of over 120,000 weapons from the civil population by June 2003.
Public destruction of more than 112,000 illegal and military surplus weapons by crushing and burning, between 1999 and 2003.
Drafting a new arms law.
Implementing a registration and safe storage program for the military and police.
Implementing comprehensive public awareness activities in cooperation with international donors and civil society.
Moving toward signing the International Arms Trade Treaty.
To
date, the government has made remarkable progress in its campaign to collect and
destroy illegal and surplus small arms and light weapons.
In particular, communities throughout the country are becoming aware of
weapons issues and starting to understand that the related problems of weapons
and violence need to be addressed at a local as well as national level.
However,
the proliferation, availability and use of small arms continues to have a
negative impact on Cambodian society in terms of promulgating a culture of
violence and impunity. Continued insecurity is an obstacle to sustainable
development, long-term poverty alleviation and overseas investment.
Progress has been very positive, but continued concerted action must be
maintained in order to ensure Cambodia’s successes are sustainable.
(ii) Key
Issues
Arms Law:
Sub-decree 38 is insufficiently comprehensive resulting in inadequate
jurisdictions to punish weapon-related crimes. The draft arms law is a solution,
but continues to await ratification by the National Assembly.
Equitable Legal Enforcement: A
culture of impunity for individuals, their families and associates well
connected to the government continues to pervade society, with the result that
weapon-related crimes committed by this group consistently go unpunished. One
major result of this impunity is a lack of trust
amongst ordinary citizens in the judicial system and in the commitment of the
government to tackling the issue of small arms and violence.
Role of the National Commission for Reform and Management of Weapons and
Explosives: The
NCRMWEC remains largely inactive, suffering from a lack of resources and
mandate.
Management of duty weapons and collected
illegal weapons:
The lack of safe storage facilities and poor management of both duty weapons and
collected illegal weapons continues to challenge the ability of the authorities
to prevent leakage of weapons from official stores. Unauthorized lending, sale
and theft of weapons from army and police posts remain a concern. Of increasing
concern is the presence of large numbers of explosives collected from the
population stored in insecure conditions in local police posts.
Capacity of law enforcement agencies: The
lack of transport and communication equipment, professional skills (such as
forensic skills), awareness of the role as public servants and insufficient
salaries continue to discourage the police from adequately fulfilling their
duties. This is compounded by corrupt practices and a weak judiciary which often
serves to benefit those who commit crime. Rural police are also powerless to act
against powerful groups who act with impunity. There is also a lack of
communication between the police and civil institutions.
Capacity of Commune Councils on security
issues:
Commune Councils were elected for the first time in February 2002. However, to
date they lack specific guidelines on activities relating to local security or
any formalized relationship with the commune and district level police. This
leads to a lack of community participation on matters of local security and
general misunderstanding and distrust of the police.
Awareness of security considerations by
international organisations:
The majority of NGOs and IOs have no commitment to security issues within their
programs, which threatens the sustainability of development inputs.
Demobilization and disarmament:
The lack of a disarmament element and the suspension of the demobilization
process have had a negative impact on efforts to reduce the numbers of weapons
in the hands of individuals with past or present links to the military.
Influx of large numbers of handguns especially in urban areas: A primary
success of Sub-Decree 38 and consequent raising of public awareness has been a
reduction in the numbers of military-style weapons (e.g. AK 47s) in the hands of
the civil population. The rise in numbers, availability and use of easily
concealed handguns (such as K54s and K59s) especially in urban areas is a matter
of serious concern as is the supply source of such weapons.
(iii) Recommendations
Arms law
The
CG, government and the international community should encourage the National
Assembly to ratify the draft arms law as soon as possible.
At
the same time, the government should remain absolutely committed to
enforcing existing weapons-related regulations and work toward finalising
the sub-decrees of application concerning export/ import, transportation,
management etc. for the new law.
Equitable
legal enforcement
The
government should make all efforts possible to ensure equity before the law
for those involved with weapons-related offences. Stringent law enforcement
will have a considerable impact on local level security issues and national
perceptions.
Role of
the National Commission for Reform and Management of Weapons and Explosives
The
government should work to strengthen the role of the NCRMWEC particularly in
relation to rapid response to emerging issues and a full participatory
approach with agencies involved in weapons collection and peace-building
activities.
The
RGC/NCRMWEC should make a concerted effort to remove explosives from rural
police posts.
Management
of duty weapons and collected illegal weapons
The
government should continue to implement a nationwide program of registration
and safe storage of all duty weapons under the jurisdiction of the military
and police. All collected illegal weapons from the civil population should
be recorded before being publicly destroyed.
Capacity
of law enforcement agencies
The
government should seek further assistance to increase the capacity of law
enforcement agencies (the police) especially in rural areas. A particular
emphasis should be placed on training equipment, community relations and
participation and professional conduct for district
and commune level police officers.
Capacity
of Commune Councils on security issues
The
government should develop specific guidelines within the Commune Council
development plan for activities relating to security. There should be a
specific emphasis on formalizing relations between the commune councils and
the commune and district police with a view to continuing weapons collection
and public awareness activities.
International
organisations should make a formal commitment to work in cooperation with
the commune councils in their target areas on the issue of security. The
commune council guidelines should create as far as possible a full community
participatory approach on provision of security.
The
government should make a full commitment to ensure security for all
citizens, especially those in remote areas. Small
arms, landmines and physical security are a major public health issue for
Cambodia, and they need to be handled as such at the local level with
coherent support from the central authorities.
Awareness
of security considerations by international organisations
The
government should pressure international organisations to integrate security
issues into the core planning of development programs.
NGOs
and IOs should commit to participating fully in security coordination
activities within program target areas including exchange of information,
attendance at community security meetings etc.
Demobilization
and disarmament
The
government and the World Bank should work in close co-operation to restart
the demobilization process in a transparent fashion with an emphasis on
ensuring successful social reintegration of soldiers and weapons management.
Influx
of large numbers of handguns especially in urban areas
The
government should act as strongly as possible to enforce the law on handguns
in urban areas, and insist that the police and security forces work to
prevent all trade and import in handguns.
Strengthening
Efforts for the National Campaign for Weapon Reduction
Great
achievement has been noticed through the implementation of the National Campaign
in recent years, yet there are still a remaining number of small arms and light
weapons circulating, which is a major security concern. The Government should
review and refuel the Campaign efforts to reduce the illegal remaining weapons
to a minimum.
Establishment
of a National Strategic Plan to Address Arms Issues
Since
arms issues remain a major threat to Cambodian security and to the development
of the country, the Government should work harder and more urgently to put in
place a more comprehensive approach to tackle the matter. The ideal solution is
to develop a National Strategic Plan, which would mobilize and encourage
involvement from all concerned sectors.
For more information and the issues raised in this paper, please contact:
Working Group on Weapons Reduction, Tel: 023 222462, Email: WGWR@online.com.kh