TRANSLATION
Ministry of National Defence
National Commission for the Control of Small Arms
Our/Ref. 0013/COMNAC/09
Praia, 28th July 2009
Madame Stephanie Demay
UN-Regional Center for Peace and
Disarmament in Africa
Lomé-Togo
Dear Madame,
FORWARDING A COPY OF THE CAPE-VERDIAN LAWS ON ARMS
The Chairman of the National Commission extends his greetings to Madame Stephanie Demay, and with regard to your request for the laws on arms in Cape Verde, it is important to state clearly that we are forwarding only those which have been found:
- Government Decree No. 5.120 B.O 52 of 29th December 1956
- Decree 37 313, of 30th January 1960
- Law No. 70/1V/92, of 30th December 1992.
Our regards to Madame Stephanie Demay.
The Chairman of COMNAC,
Signed( illegible)
Pedro dos Reis Brito
Lieutenant- Colonel
COAT OF ARMS
OFFICIAL GAZETTE
OF
CAPE VERDE
THE COST OF THIS ISSUE-11$00
All correspondence, whether official or having to do with adverts and subscription for the Official Gazette, must be forwarded to the National Press Head Office, in the city of Praia, Cape Verde.The cost of adverts per line is 2$00, except for those meant for compulsory publication, , in accordance with the provision of the Law, which is 1$00.Adverts not accompanied with the necessary amount to guarantee their cost will not be published / SUBSCRIPTIONS
Annual Semestral Trimestral
For Cape Verde. .110$00 70$00 50$00
For the capital and
Other Portuguese
Territories ……. 140$00 90$00 60$00
Overseas…………160$00 100$00 70$00
SINGLE: For every two pages, 1$00
Subscription periods are annual, semestral and trimestral . Editions published before subscriptions are taken shall be considered as single sale. / All original copies meant for the Official Gazette must be sent to the National Press Head office by 4 p.m on Thursdays every week.
Those sent after this date will be kept for the next edition
Originals from the various departments of the country must bear the signature of the Head,, endorsed with the respective embossed stamp.
SUMMARY
Ministry of the Interior:
Decree-Law No. 37 313:
Article 7 and 40 of the Regulation regarding the manufacture, importation, trade, possession, declaration, the use and carrying of arms and ammunitions.
Ministry of War:
Decree No. 21 834:
Channelsthrough one administrative organ all issues related to the acquisition of arms for the various armed bodies on land either in the capital or overseas.
Ministry of the Army:
Decree No. 38 761:
Determinesthe way of classifying the equipment used by units, establishments and any other Ministerial organs, except immovable properties and those to be eventually put at the disposal of the Army by other Ministries.---This revokes article 4 of Decree No. 25 722 in the part which deals with the equipment which, in the present Document, is not classified as library or archival materials.
Ministry of Overseas Territories:
Decree No. 42 757:
Allows the division of Luanda and Lourenço Marques municipalities into administrative suburbs- Authorises the Governors of overseas territories of Angola and Mozambique to establish personnel departments and open the necessary credit lines to meet the expenditure resulting from the present decree.—This Decree also allows the Minister of Overseas to authorise, through ordinary decrees, the governors of the overseas territories to take similar steps with regard to other urban centres.
Decree-Law No. 42 761:
Creates different positions in the personnel departments of the General-Agency for Overseas as well as regulates the discharge of duties of the head of the Accounts Section of the Department of Administrative Services, referred to in article 76 of Decree-Law No. 41 169.
Government Decree No. 17 483:
This applies to the Overseas territory, with the exceptions in the present government decree observed, Decree No.38 887, articles 7 and 40 of Decree No.37 313 and Decree No.21 834 (classification of military equipment).
Government of Cape Verde
Government Decree No. 5 877:
Distributes through the Municipal Administrations in the country and through the Conservatory of the Civil Registry of the Barlavento district the amount of money stipulated in chapter 4, article 5 of the budget expenditure list in force and set aside for same.
Government Decree No. 5 878:
Distributes, separately, the funds stipulated in chapter 2 of articles 8, 9 and 10 of theordinary budget expenditure list in force.
Correction:
Government Decrees No.5836 and 5859 of 31st December of the year ending.
Head office of Political and Civil Administration:
Government decrees, resolutions and contracts with personnel.
Temporary list of candidates admitted for competitive examination for class 2 Engineers for ordinary service staff in the ports, railways and transport sectors overseas.
This is a public announcement and a competitionopen for a period of thirty days starting from the day after the publication of this announcement in the Government Newspaper for the occupation of the posts of chief topographers in the ordinary staff of Portuguese Overseas.
Head office for Education:
Government decree on personnel
Provincial Department for Civil Administration Services:.
Extracts from government decrees on personnel
Lists of workers who, because of their services, could not enjoy the disciplinary and free leaves granted them in 1959.
Lists of seniority of personnel as of 31st December 1959.
Department of teaching
Extracts form the Government decrees on personnel.
Communication.
Correction.
Provincial Department for Finance and Accounting Services:
A copy of the circular received from the Ministry of Overseas.
A report on the workerswho applied for the disciplinary leave and could not enjoy it because of their service in 1959.
Lists of grading in the written, aptitude and oral examinations in the competitive examination for the occupation of the posts of 1st Class officials in these services.
Scale chart for the work of the service Commissions.
Provincial Department of Customs Services
Extract from the government decree on personnel.
List of seniority of personnel as of 31t December 1959.
Provincial Department of Postal, Telegraphs and Telephone Services:
Government decree and extract from government decree on personnel.
Technical Brigade on Hydraulic Studies and Works of Cape Verde;
Lists of grading of candidates for the competitive examination for drivers and accounts clerks in these services.
Provincial Council for Physical Education:
Declaration
The police Force of Cape Verde.
List of grading of candidates for class 2 policemen of this Police Force.
Official notices and announcements.
Legal and other announcements.
MINISTERY OF THE INTERIOR
Decree-Law No. 37 313
REGULATION ON THE MANUFACTURE, IMPORTATION, TRADE, POSSESSION, DECLARATION, THE USE AND CARRYING OF ARMS AND THEIR AMMUNITIONS.
CHAPTER 1
Classification of arms
………………………
V11 Military Equipment
Art.7. Shall be considered military equipment all arms and ammunitions in use or meant for the Ministry of War and Marine, as well as those which belong to or are meant for armed forces subordinated to other Ministries.
§Exception clause. Shall also be considered military equipment for the purpose of importation, the use or for any other purposes provided for in the legislation in force:
a)Pistols of a caliber more than 7.65 mm;
b)Revolvers of a caliber more than 9 millimeters or with the length of the barrel more than 10centimeters or 4 inches;
c)Shot-guns or rifles with striated barrel and caliber equal to or more than 6.5 mm, without prejudice to the provision in the exception clause of article 3, provided they are imported, kept, sold and used as prescribed in this regulation;
d) Any type of automatic firearm;
e)Any type of firearm, light or heavy, specially made in the Country or overseas, exclusively for military purposes;
f)Automobile vehicles or articulated trucks of any kind specially made to carry or be equipped with firearms, as well as bullet-proof or armoured ones more than 5 millimeters in thickness.
……………………………………………………………………………………….
CHAPTER 111
SECTION 1
DECALARATION OF ARMS
Art. 4. Arms acquired by public services not dependent on the Ministry of War for the use of their staff shall be registered in accordance with the terms of article 38 whenever the arms have the features which conform with those spelt out in paragraph a) and b) of No. 2 of art. 1.
§ Exception clause. All arms and military equipment so considered in accordance with the terms of the present regulation shall be registered with a competent organ of the Ministry of War and the Navy, in accordance with the Decree No 21834 of 5th November 1932, and other applicable legislation.
……………………………………………………………………………………………
Ministry of the Interior, 21st February 1949- The Minister of the Interior, Augusto Cancella de Abreu.
( D. G-1 series- No. 34, of 21- 2- 1949).
MINISTRY OF WAR
Decree No. 21834
There is a great need to centralise in one administrative organ all the issues related to the acquisition of arms for the various armed bodies, whether on land, in the metropolis or in the colonies.
Inedeed, it does not make sense that, because of war situation all armed forces must compete for the defence of the national territory, in the metropolis and in the colonies in accordance with the country’s defence plan , previously drawn up by competent entities, each military or militarised organ acquires military equipment, of different features without adhering to the overall plan so put in place, which allows both in times of war and peace a perfect changeability of this equipment among all the organs which, after a general mobilisation has been decreed, will have to act wherever the need for national defence appears to be more advantageous.
On the other hand, since it is only the Ministry of War which has the industry for the manufacture, repair and storage of arms and ammunitions, and since it is also the same Ministry which in case of war shall have to mobilise civil industries which are likely to be quickly transformed into military equipment factories, it could well happen, as it has several times been verified, that part of this equipment acquired without adherence to any plan , had to be set aside the following day due to the inability to ensure the supply of their ammunitions or to set up an industry capable of ensuring repairs considered indispensable and the supply of parts to be requisitioned for their better functioning.
Consequently, it becomes necessary to take measures to put an end to this state of affairs, by conveniently regulating all the issues related to the acquisition, storage and distribution of all military equipment of all armed bodies on land, in the metropolis and colonies, and by avoiding diversity of models and calibers which are found today and which can bring about disastrous consequences.
By the use of the powers conferred on me by No 2 of article 2 of Decree No. 12740, of 26th November 1926on the strength of the provision in article 1 of Decree No. 15331 of 9th April 1928, as proposed by the Ministers of all the Departments:
It is hereby deemed advisable, to decree the following which shall have the power of a Law:
Article1. All military equipment distributed or in any waybeing possessed by the militarised forces or any authorities overseas shall be registered with a competent organ of the Ministry in charge of the Army, which can count on it in case of a general or partial mobilisation.
§1. All the forces and authorities referred to in the present article , shall send , in four copies to the Ministry of Overseas, in the first month of each year for onward transmission to the Ministry of the Army, a detailed report on all the military equipment they possess under any designation, indicating also the state in which they are and mentioning, in an attached document, all the features that distinguish them , provided they are firearms, automobile vehicles considered as military equipment : tractors, ammunition vans, vans for (*****) omission of words.
§3. In transporting arms or other equipment having reference numbers, these numbers must appear on the spare parts.
§4. With regard to the supply of ammunitions being possessed by the authorities referred to in this article, a distinction shall be made between mortar, artillery ammunitions, bullets*****( omission).
SERIES1-NO. 25-APPENDIX TO THE “OFFICIAL GAZETTE” OF THE REPUBLICOF CAPE VERDE-30TH DECEMBER 1992
Law No. 68/1V/92
Of 30th December
By the mandate of the People, the National Assembly decrees, in accordance with the terms in paragraph b) of article 186 of the Constitution, the following:
Article 1
Articles 2 and 3 of Law No. 23/111./87 of 15th August shall be worded as follows.
Article 2.
The aimof the Medal of Merit shall be to stimulate or strengthen the professional capacity and the correct and unselfish exercise of profession, as well as encourage exceptional contribution in the areas of education and teaching for increased production and productivity of work in the area of social solidarity.
Article 3.
a)… …
b)… …
c)… …
d)of meritorious acts carried out in the area of social solidarity
Article 2
This document shall immediately come into force.
Approved on the 14th of December 1992.
The Speaker of the National Assembly, Amílcar Fernandes Spencer Lopes.
Promulgated on the 22nd 1992.
May it be published.
The President of the Republic ANTÓNIO MANUEL MASCARENHAS GOMES MONTEIRO.
Signed on the 22nd of December 1992.
The Speaker of the National Assembly, Amílcar Fernandes Spencer Lopes.
------
Law No. 69/1V/92
Of 30th December
By the mandate of the People, the National Assembly decrees, in accordance with the terms of paragraph b) of article 186 of the Constitution, the following:
Article 1
Article 2 of Law No. 54/11/85 of 10th January, shall be worded as follows:
Article 2.
a)… …
b)… …
c)… …
d)… …
e)… …
f)… …
g)… …
h)… …
i) of meritorious acts carried out in the area of social solidarity.
Article 2.
This document shall immediately come into force.
Approved on the 14th of December 1992.
The Speaker of the National Assembly, Amílcar Fernandes Spencer Lopes.
Promulgated on the 22nd of December 1992.
May it be published.
The President of the Republic,ANTÓNIO MANUEL MASCARENHAS GOMES MONTEIRO.
Signed on the 22nd of December 1992.
The Speaker of the National Assembly, Amílcar Fernandes Spencer Lopes.
------
Law No. 70/ 1V/ 92
Of 30th December
By the mandate of the People, the National Assembly decrees, in accordance with the terms of paragraph b) of article 186 of the Constitution, the following:
1-- Changes in the Statutes of Assemblymen
Article 1.Article 2 shall be worded as follows:
Article 2
(Beginning and end of mandate)
The mandate of the Assemblymen shall start with the first meeting of the National Assembly after the elections and end with the first meeting after the next elections, without prejudice to the individual suspension or remise of the mandate.
Art. 2. No. 1 of article 5 shall be worded as follows:
Article 5
(Temporary Suspension)
- Assemblymen can ask the Speaker of the National Assembly, with an acceptable reason, for their temporary suspension from work for one or more times.
Art. 3- 1. Number 1 of article 8 shall be worded as follows:
Article 8
( Loss of mandate)
- Shall lose their mandate the Assemblymen who:
a)Who do not take their seats in the National Assembly for a number of meetings or who shall absent themselves more than the number of times permitted by the Regulations of the National Assembly;
b) Refuse, three times in succession or five times in between , to perform their duties or functions for which they have been appointed by the Assembly, so long as the latter does not consider their refusal justifiable;
c)Shall be legally condemned to a real term of imprisonment for commission of any fraudulent crime;
d)Shall register in a party other than the one which elected them.
- A new number 2 has been added to article 8 and shall read as follows:
2 .Shall also result in the loss of a mandate any ineligibility existing at the time of elections and discovered later, provided that it continues to exist as well as any incompatibilities and incapabilities provided for in the Law.
Art. 4 Numbers 6 and 7 have been added to article 9, and shall read as follows:
Article 9
(Replacement of Assemblymen)
1….. …
2…. …
3…. …
4…. …
5…. …
6. The replacement referred to in the number above shall take effect soon after the granting of the request, without prejudice to the later publication in the Official Gazette.
7. Thedecision on the request provided for in the number above shall immediately be communicated to the parliamentary groups.
Art. 5. Article 10 shall be worded as follows:
Article 10
(Irresponsibility)
By the votes cast and the opinions expressed in the exercise of their duties Assemblymen and parliamentary groups shall not communicate in an uncivil, criminal or indisciplined manner.
Art. 6. Numbers 1 and 2 of article 11 shall be worded as follows
Article 11
(Inviolability)
- No Assemblyman can be detained or arrested without authorisation from the National Assembly, except he is caught in the actcommitting a crime which shall attract a maximum term of imprisonment more than two years and, when not caught in the act committing a crime this shall attract a maximum term of imprisonment more than eight years.
- Except in the case provided for in the second part of No. 1, after criminal proceedings have been definitely brought against an Assemblyman, the National Assembly shall decide if the assemblyman must be suspended or not for the purposes of pursuing the case.
- … …
Art. 7-1. Number 1 of article 12 shall be worded as follows:
Article 12
(Hearing on Trial)
- Assemblymen cannot, without authorisation from the Assembly or, when the latter is not functioning effectively, from their Permanent Committee, be expert witnesses, nor be heard as declarants nor as accusers, except, in this last case, when caught in act or suspected of a crime which shall attract a maximum term of imprisonment more than eight years.
- .A new number 4 has been added to article 12 and shall read as follows:
- The mandate of an Assemblyman caught in the act committing a crime punishable by a maximum term of imprisonment more than two years shall automatically be suspended, from the date on which such a fact shall be communicated to the National Assembly.
Art. 8- 1. Numbers 1 and 2 of article 13 shall be worded as follows:
Article 13
(Conditions for the discharge of the duties of an Assemblyman)
- Assemblymen shall be provided with all the conditions necessary for the discharge of their duties, namely close contact with the electoral areas for which they have been elected and with the voting citizens.
- Public and private entities have the right to collaborate fully with the Assemblymen as well as cooperate with them in the discharge of their duties.
- … …
- A new number 4 has been added to article 13 and shall read as follows:
4.An Assemblyman who is a public servant or who works in a government enterprise cannot be transferred far away from his electoral area without his consent.
Art. 9. Number 2 of article 18 shall be worded as follows:
Article 18
(Postal, Telephone and Fax services)
1…. …
2. Assemblymen shall be entitled to a monthly allowance to meet postal and telephone expenses by virtue of their mandate, which is equivalent to 2% of the salary of the Speaker of the National Assembly.