Guns and violence
Recently, the
Development Program of the United Nations (PNUD, in Spanish) presented the
document called Guns and violence, with the objective to “examine,
understand, and consider the options to intervene over the problem of guns,
as a way to reduce the impact of violence” in El Salvador. The study counts
with the participation of some members of the University Institute of Public
Opinion (IUDOP, in Spanish), and the Foundation of Studies for the
Application of the Law (FESPAD). The following contents are part of this
initiative:
1. Guns play an important role in the configuration of criminality and
violence in El Salvador.
2. Guns are the “main instrument to use violence against the others and
against those who are violent”.
3. The possession of guns should be regulated in order to respond to the
different economic, cultural, and institutional needs.
This article intends to examine the different components of the study by
briefly exploring each area or factor that has an influence on the use of
guns and violence. In the first chapter (Theory and Method) a Theoretical
and a Methodological Frame are included, and this part describes the general
structure that guided the investigation. The second chapter (Analysis of the
regulations for the use of guns) examines the laws and the codes connected
with guns by analyzing the implications of the measures to control this
problem. The third chapter (The circulation of guns) tries to respond to the
following questions: How many guns are in this country? How do these guns
get in the hands of the civilians? Who are the people that put guns in the
market?
The fourth chapter (The Institutional capacity to deal with the problem of
guns and munitions) intends to explain the performance of the different
institutions of the State that have the responsibility to control and
regulate the possession of guns. The fifth chapter (Guns and the culture of
violence) examines the reasons that lead a considerable amount of
Salvadorans to have guns, and it pays close attention to the culture of
violence. In this chapter, the investigators conclude that one of the most
determinant factors for the possession of guns (one out of every four people
has one) is the subjective construction of the culture of violence. The
investigative team points out that “the existence of a system of regulations
that promotes and justifies violence as the privileged way of resolving
conflicts and protect people denies the possibility to build a society based
on participation and respect”.
Chapter six (The impact that guns have on violence) points out the relation
between the available types of guns in this country and the violent acts
associated with that factor.
The seventh chapter (The guns in the national political agenda: the actors
of the debate) examines the main actors who participate in the debate about
guns, and it makes an emphasis on the responsibilities of each institution.
Finally, the following parts (Conclusions and Recommendations) sum up the
most important discoveries of the study, and the recommendations aimed to
the articulation of policies to control the distribution and the use of guns.
Framework
The study needs a framework to examine the relation between culture and the
institutions in an objective level, and the socializing process in a
subjective level, in order to explain the conditions of the violent behavior.
Therefore, it is necessary to define a set of key concepts.
For instance, the concept “guns” is used in reference to the notion employed
by The International Conference of the United Nations about the trading of
weapons (2001). This concept includes the small personal guns (such as
revolvers, automatic pistols, rifles, and machine guns), and the light guns
(heavy machine guns, grenade throwers, antiaircraft barrels, and portable
anti-tanks).
With the concept of “violence”, the researchers use the notion adopted by
the Panamerican Organization of Health, according to which violence is “the
intentional use of physical strength or power, whether it is the actual use
of violence or just a threat against a person or a group of people, with the
probability of injuries, death, psychological damage, development problems
or deprivation of freedom”.
In general terms, the authors of the study summarize the interaction of both
factors (guns and violence) in the following way: “the national history of
the societies with cultures that particularly value the use of force and
violence in the resolution of conflicts are usually characterized by an
excessive institutional violence, caused by an internal war or by the right
to practice violence that the State grants to certain groups of the society”.
These situations are part of the recent history of El Salvador. The study
also explains that “these episodes help to create regulations and values in
which the possession of guns becomes important for a sector of the
population or for all of it”.
The document also reveals that “this national story is parallel to the
individual stories, in which the specific process of socialization, the
resolution of conflicts, the social positions, and the stories of the
victims stimulate the attitudes that generate the perception of the need to
have a fire gun”. In summary, to carry a gun in El Salvador as a way to
“defend” oneself is a created need that is socially transmitted in response
to the personal histories and the particular social mechanisms of a country.
Regulations, circulation, and institutional capacity
The 450,000 guns –legal and illegal ones- in the hands of the civilians,
including more than 173,000 that do have a license (according to the
statistics of the research team) should be regulated by the present national
standards. In reference to this aspect, even if the Constitution of the
Republic explains (Article 216) that the control over the manufacture,
importation, exportation, commerce, possession of guns, munitions,
explosives, and similar artifacts is the duty of the Ministry of the
National Defense. Most of the actors that discuss this issue who were
consulted for this investigation consider that this should be the
responsibility of the public security area, that is, the exclusive duty of
the National Civilian Police.
In summary, the present regulation has the following legal dispositions
approved in El Salvador or ratified by the country because it is a member of
the international institutions: The Law of Control and Regulation of Guns,
Munitions, Explosives, and Similar Articles of 1999; the Legislative Decree
545, from September 2001, articles 346,348,378,147-A, and 184 of the Penal
Code; and articles 444 and 446 from the Penal Proceedings Code.
In the international perspective there is the Conference of the United
Nations about the Illegal Traffic of Small and Light Weapons in all of its
aspects (New York, July 9th through 20th of 2001); the Inter-American
Convention against the manufacturing and the illegal traffic of guns,
munitions, explosives, and other materials, ratified in 1998; and, finally,
the regulations for the control of the illegal weapons in the process of the
Central American Integration, such as in the Tegucigalpa Protocol and the
Democratic Security Treaty.
In reference to the Institutional Capacity in the control and the regulation
of guns and munitions, the researchers explain that, technically, the
Ministry of Defense does not regulate or supervise the exportation of guns;
the Direction of Logistic of the Ministry of Defense, the Division of Arms
and Explosives and the division of Finances and Frontiers (both from the
National Civilian Police), the Attorney General’s Office, and the General
Direction of the Internal Revenue Service also intervene in the importation
of guns. The researchers explained that “the institutional capacity to
control and regulate guns is still weak. Although it is possible to notice a
certain improvement in the control mechanisms and in the role of the
institutions, it is also clear that there is still a lot to do in that field,
especially in certain areas”.
Some conclusions and recommendations
The researchers reached the following conclusions:
1. Fire guns are a very serious problem in El Salvador, since most of the
guns in the hands of the civilians are illegal and the institutional control
is weak.
2. The use of guns would be related to cultural dispositions that favor
violence in general, as a way to relate with the environment.
3. The armed conflict had a direct influence on the creation of the
conditions in which many Salvadorans got strongly related with the use of
guns.
4. The legal regulation in force is too permissive, and it leaves the doors
open to use guns in a massive way.
5. The institutions that should control this problem “do not have the
capacity to prevent most people from getting guns and harming others”.
6. The problem of the information, its amount, its accessibility, and its
quality is an obstacle to make an efficient study about guns, munitions and
its relation with violence.
7. The empiric evidences indicate that the firearms, far from protecting a
person, are actually a risk for those who carry them and those who use them.
Because of all of the former ideas, the report recommends in general terms:
1. “Reduce the circulation of guns, both the legal and the illegal ones,
because of the high social cost in terms of violence”.
2. Increase the control over the legal and the illegal guns”.
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