Translated from Spanish

08-30265 -1-

PS/9/448

The Permanent Mission of Guatemala to the United Nations presents its compliments to the United Nations Office for Disarmament Affairs and has the honour to refer to note ODA/02-2008/SALW-BMS, of 28 January 2008, by which all Member States were requested to submit one integrated national report, pursuant to resolution 62/47 entitled “The illicit trade in small arms and light weapons in all its aspects”, in preparation for the third Biennial Meeting of States to Consider 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, to be held in July 2008.

In that connection and in compliance with the aforementioned resolution, the Permanent Mission of Guatemala to the United Nations encloses herewith the Report of the State of Guatemala (2006-2007), which consists of two chapters. The first refers to the implementation of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons, while the second describes 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.

The Permanent Mission of Guatemala to the United Nations takes this opportunity to convey to the Office for Disarmament Affairs the renewed assurances of its highest consideration.

New York, 2 April 2008

[Mission seal] (Signed) [Illegible]

Office for Disarmament Affairs

United Nations

New York

Ministry of Foreign Affairs

Republic of Guatemala

Memorandum

Re: Small arms and light weapons

To: Ambassador Jorge Skinner-Klée
Permanent Representative of Guatemala to the United Nations

From: Ambassador Lars Pira
Deputy Minister for Foreign Affairs

Subject: Report of the State of Guatemala on Small Arms and Light Weapons

Date: 31 March 2008

I have the honour to write to you on the occasion of the Biennial Meeting of States to Consider 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, to be held in New York from 14 to 18 July 2008.

In that connection and in compliance with the request of the United Nations (Ref. ODA/02-2008/SALW-BMS), please find attached the Report of the State of Guatemala for the period 2006-2007, which consists of two chapters. The first refers to the implementation of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons, while the second describes 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.

* Translator’s note: Presumably the “Dirección General de Relaciones Internacionales Multilaterales y Económicas” (see bottom of memo).

In view of the foregoing, I kindly request that you formally transmit the aforementioned report to the United Nations Office for Disarmament Affairs and communicate any action taken to this Directorate* so that we may follow up on the issue.

Yours,

(Signed) [Illegible] [Ministry seal]

Report of the State of Guatemala 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 and
of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons

2006-2007

March 2008

2006-2007

Guatemala, March 2008

The State of Guatemala, being aware of and concerned by the illicit manufacture, transfer and circulation of small arms and light weapons and their proliferation in many parts of the world, contributes to the prevention, combating and eradication of this scourge through regional and national[1] actions aimed at promoting international peace and security.

In Guatemala, activities relating to firearms are governed by the Arms and Ammunition Act[2] and its Regulations, which also cover illicit acts and the related penalties. Nonetheless, Guatemala, realizing that it needed to modify its legal framework in order to meet its commitments as a State, has launched an initiative for a new arms and ammunition act, which is now being discussed by the Congress of the Republic with a view to its approval.

The State of Guatemala, being convinced that responsible action to prevent, combat and eradicate the illicit trade in small arms and light weapons calls for an indepth discussion of the issue, has actively participated in regional meetings for the exchange of information and experience,[3] as a tool for promoting practical and agreed actions regionally.

Chapter I

International Instrument to Enable States to Identify and Trace, ina Timely and Reliable Manner, Illicit Small Arms and LightWeapons

(i) Measures undertaken to mark small arms and light weapons in the possession of Government security forces for their own use

Since 2007 and as part of its efforts to mark and register small arms and light weapons, the State of Guatemala, through the Department of Arms and Ammunition Control (DECAM),[4] has implemented new measures with a view to identifying and registering arms in the possession of civilian security forces for use by the State (Ministry of the Interior) and private security firms.

To that end, the Government now issues a certificate of possession and/or licence to bear arms[5] indicating, inter alia, the following information:[6] make, model, calibre, registration number, length of barrel or barrels, calibre adaptations, and place and date of registration.

Even though certain individuals and juridical persons have expressed reservations about the requirement to mark arms, DECAM has complied rigorously with the law and enforced this requirement. The procedure is followed only when arms do not have the relevant factory markings relating to make, model, calibre and registration number.

The armed forces, meanwhile, are governed by special regulations,[7] such as the Act establishing the Army. By virtue of that fact, the General Staff of the Armed Forces, through the Department of Logistics, is responsible for controlling the inventory of weapons in the possession of the armed forces.

(ii) Measures against the removal or alteration of markings developed by manufacturers of small arms and light weapons in its jurisdiction

The State of Guatemala hereby declares that, since no small arms and light weapons are manufactured in its jurisdiction, it does not have any control measures relating to that activity. Nonetheless, DECAM ensures compliance with this regulation.

With regard to the import of firearms, there are a number of procedures for verifying that the original information has not been altered. When a weapons sale/purchase between individuals is registered, the Act authorizes DECAM to verify that the weapon in question has been accurately and adequately marked and registered.

In addition, companies that buy and sell weapons are subject to two random inspections a year, so that their weapons inventory can be physically checked, while armouries[8] are subject to one inspection a year; one of the purposes of these inspections is to verify that the markings on such weapons have not been removed or altered. This is without prejudice to such additional inspections as are deemed necessary by DECAM.

(iii) Measures put in place to ensure that records are established for marked small arms and light weapons within its territory, in accordance with the relevant paragraphs of the International Tracing Instrument

The State of Guatemala, through DECAM, has adopted the following measures to ensure that accurate and comprehensive records are established for marked weapons in the national territory:

· Establishment of a register of weapons based on their ballistic fingerprint, i.e.a physical weapons archive.

· Implementation of an effective administrative system comprising the following components: (a) Procedural cross-checks allowing several people and/or control units to participate in the process; (b) A modern, secure and effective information system for controlling small arms and light weapons; (c) Backup files of registers and controls.

In compliance with the provisions of section IV of the International Tracing Instrument, which refers to records and the cessation of activities of companies dealing in small arms and light weapons, all records over 10 years old are currently being converted into digital form; as a result, the physical archive is being cleaned up. Since DECAM was established 18 years ago, its records are also 18 years old.

Companies whose activities are related to small arms and light weapons may cease their activities either at their own request or because they have violated article 47 of the Arms and Ammunition Act, which penalizes the existence of anomalies in a company’s inventory. In such cases, the inventory may, with the prior authorization of DECAM, be resold to another company so that the original company can be closed down for good.

(iv) Existing or new regulations and administrative procedures that have been put
in place in order to ensure the effective implementation of the International Tracing Instrument

As the body responsible for regulating arms and ammunition in Guatemala, DECAM marks arms and ammunition not marked at the time of manufacture using the technique of stamping. In order to ensure compliance with this regulation, the procedure is carried out at DECAM facilities and supervised by qualified personnel.

With regard to import procedures, DECAM registers small arms and light weapons on the basis of their ballistic fingerprint and, while doing so, ensures that they are adequately marked. In addition, a procedure is in place that enables DECAM to control small arms and light weapons from the moment they enter national territory, regardless of the customs point. As part of this procedure, DECAM verifies the certificate of origin and issues a certificate of ownership to the end-user.

The State of Guatemala also participates in the Central American Small Arms Control project (CASAC), which takes a regional approach to addressing the illicit trade in small arms and light weapons and works, inter alia, on the exchange of information for the purpose of controlling and tracing arms. There are also plans to harmonize regional legislation on the subject.

(v) The challenges and assistance needs that States may face in their efforts to implement the International Tracing Instrument. States are encouraged to provide the Office for Disarmament Affairs with updated information on their national marking practices, in accordance with the recommendations contained in paragraph 31 (b) of the International Tracing Instrument

One challenge facing States in the region is that of reducing the gap between effective regulations for arms manufacturers and national efforts to implement the International Tracing Instrument. In particular, Guatemala wishes to emphasize the need to mark all components of small arms and light weapons, since there have been cases where certain components (e.g. the barrel) have been replaced in order to commit illicit acts.

Chapter II

Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

(i) Achievements made in the implementation of the Programme of Action

Since 2007, the State of Guatemala has faithfully complied with the procedures for the marking and registration of small arms and light weapons entering its national territory in order to regulate their trade and circulation in accordance with the existing legislation. In this connection, DECAM, as the national authority, is responsible for registering relevant data on such arms and weapons, including their make, model, calibre, registration number, length of barrel or barrels and calibre adaptations, as well as their place and date of registration.

With regard to the destruction of illegally held small arms and light weapons within Guatemala, a total of 3,000 units were destroyed in the course of two destruction activities conducted in 2007. A further 7,000 or so units are scheduled to be melted down in the second half of 2008. This demonstrates the commitment of the State of Guatemala to continue the periodic destruction of weapons.

Discussions on an initiative for a new arms and ammunitions act have brought political forces in the legislative branch much closer to consensus on adopting amendments to existing legislation in line with both technical advances in this field and the international commitments undertaken by the State of Guatemala. In addition to government actors, civil society organizations have been actively involved in efforts aimed at improving existing legislation.

An awareness-raising workshop for legislators is to be held in April 2008 to address the need to adapt national legislation to the international instruments in this field. The workshop will be organized by the Central American Small Arms and Control (CASAC) project and the National Commission for the Eradication of Illegal Weapons, with the support of the United Nations Development Programme (UNDP) Guatemala and UNDP Nicaragua. This event represents an effort to strengthen State institutions involved in the control and regulation of small arms and light weapons in Guatemala.

Measures to improve inter-agency coordination through the National Commission for the Eradication of Illegal Weapons,[9] aimed at pooling efforts and exchanging information in order to prevent, combat and eradicate illicit trafficking in small arms and light weapons more effectively, are also being taken. While recognizing the need to scale up efforts aimed at institutional strengthening of the National Commission, the State of Guatemala has decided to keep the Commission operational as a focal point.

The National Commission has already decided to focus on the following four areas in implementing the National Disarmament Programme and the Plan to Combat and Eradicate Illegal Small Arms and Light Weapons: arms control; violence prevention; compliance with international conventions and commitments; and institutional strengthening.

In another area, two civil society organizations working for peace — the Network for Life against Violence and Arms (Red por la Vida contra la Violencia y las Armas) and the Teaching Institute for Sustainable Development (IEPADES) — have been promoting prevention and awareness-raising activities related to the illegal use of weapons and the potential negative impact of such weapons.