Dr. Gyan Basnet
Eurasia Review
July 26, 2013
The increasing availability of small arms and light weapons has been a major factor in the growing number of conflicts worldwide and in the hindering of attempts to rebuild the rule of law in war torn societies. Statistics demonstrate that there are over ‘half a billion military small arms around the world, that some 300,000 to half a million people are killed by them each year, and that they are the major cause of civilian casualties in modern conflicts.’ With estimates of about ‘640 million small arms and light weapons in circulation in the world, that represents one for every twelve people’. Not long ago it was reported that an AK-47 assault rifle could be bought in some parts of the world for the price of a chicken.
The availability, transfer and misuse of small arms can have dramatic consequences on human rights. Hundreds of thousands of men, women and children are killed or injured every year by such weapons. In today’s world, small arms—including military-style weapons—are available to almost anyone who has the will to obtain them. They are cheap, easy to transport and easy to operate, and they are used to violate human rights in every corner of the globe. Critics argue that ‘a single weapon, misused, can change the fate of an individual, a family or even an entire community. A flood of small arms can shift the entire balance of power in a community, leading to a lack of personal security that destroys the rule of law’.
Various reports and research have suggested that there has been a flood of small arms into Nepal over a ten-year period. The vast majority of such arms are sold or transferred illegally inside the country, and there is evidence to show that around 100,000 illegal small and light weapons are currently in use there. It is no wonder that every year many of their people are killed by small arms. The ten-year bloody civil war was fought using such small arms and light weapons. They are used in torture, rape, abduction and robbery: they are used in other forms of crime and, most importantly, in human rights abuses. The flow of these small arms into and around their country is out of control, and the government has failed to do anything about it. Such arms continue to pose a huge threat to most civilians: their presence undermines their fragile security, the rule of law and, most importantly, the nascent peace building process. Nepal has become a volatile region because of the free flow of small arms and light weapons.
One debate that they do not seem to be having in this country is whether the government has done enough to control the flow of small arms and light weapons. This makes me want to ask: why is the government failing to address the issue properly and efficiently? What is the role of civil society and the media in this regard? Has the government formulated any short- or long-term policies for border control over the entry of small arms? Should it not be seeking urgently to ratify the landmark United Nations Arms Trade Treaty 2013, which became open for ratification just a few months ago?
Human Rights Consequences
No corner of the world is immune to armed violence. Most present-day conflicts are fought mainly with small arms. They are the weapons of choice in civil war, terrorism atrocities,, organized crime and gang warfare. An influx of small arms can change the entire balance of power within a community, resulting in a lack of personal security and destruction of the rule of law. A wide range of weapons has been used around the world to commit war crimes, unlawful killings, torture and other serious human rights abuses. These weapons are often provided to perpetrators in almost unlimited supply, encouraging and prolonging unlawful violence. Hundreds of thousands of people have been killed, injured, raped and forced to flee from their homes as a result.
Even in genocidal conflicts, where people are hacked to death with machetes or other non-ballistic instruments, the victims are often initially rounded up by use of firearms. Heavily armed individuals provide the security environment in which atrocities can be committed at will by various other means. An increase in expenditures to combat deteriorating security conditions inevitably results in decreased support for economic, social and cultural rights. The illicit circulation of small arms, light weapons and their ammunition destabilizes communities, and has a negative impact on security and development in all regions of the world.
Small arms are cheap and light, and they are easy to handle, to transport and to conceal. Their build-up may not directly lead to conflict, but their excessive accumulation and wide availability increases tension. Violence, once it starts, then becomes more lethal and lasts longer: a sense of insecurity grows and that in turn leads to an even greater demand for weapons. The illicit trade in small arms and light weapons wreaks havoc everywhere. Mobs terrorize neighbourhoods, rebels attack civilians and peacekeepers, and drug lords randomly kill law enforcers and anybody who interferes with their illegal business.
What of Nepal?
Nepal’s fragile peace has come at tremendous human cost. The use of small arms facilitated a vast spectrum of human rights violations, including killings, maiming, rape and other forms of sexual violence, enforced disappearances, torture, and the forced recruitment of children by armed groups. The decade-long armed conflict between the government and the Maoists between 1996 and 2006 claimed more than 18,000 lives due mainly to the use of small arms. Yet political, economic, and social violence continues to simmer within ther borders despite the on-going peace process. Numerous armed groups, gangsters and drug dealers are believed to be operating in Nepal. The spread of these groups as part of the armed conflict has seen an explosion in the number of guns circulating in the country as a whole. Easy access to guns has led to an increasing number of killings, abductions, attacks and cases of looting and extortion. It is even alleged that leaders of some political parties, some senior officers of the armed forces and some senior members of the civil service are involved in these activities.
Innovation for Change
Nepal’s best departure point in its struggle against the flow of small arms must be first to ratify the landmark UN Arms Trade Treaty 2013. An overwhelming majority in the General Assembly voted in favour of this treaty aimed at regulating the international trade in conventional arms, from small arms to battle tanks, combat aircraft and warships. The treaty took seven years to negotiate, and it reflects a growing international view that the multibillion-dollar weapons trade needs to be held to a set of moral standards. The hope is that even nations reluctant to ratify the treaty will feel public pressure to abide by its provisions. The treaty calls for sales to be judged by whether the weapons will be used to break humanitarian law, foment genocide or war crimes, and abet terrorism or organized crime or slaughter women and children. There is an urgent need for all nations to ratify and implement this treaty.
They must, moreover, ban the use of small arms countrywide by introducing strong laws, backed by strong enforcement and monitoring mechanisms. At the same time, they need to identify and prosecute all who are engaged in illicit trafficking of small arms and light weapons while at the same time working together with other states and security agencies to prevent, combat and eradicate the illicit trade in small arms while increasing public awareness all round. Finally, the open border between Nepal and India is one of the most challenging issues relating to the illegal supply of small arms and light weapons. Border control mechanisms must be made more effective, and a special border control squad formed within the armed forces. Most importantly, they need to start a collaborative dialogue with India aimed at ensuring that criminals are no longer able to smuggle arms into this country.
The situation of arms getting into the hands of militant groups and criminals is a matter of utmost concern. It is the biggest threat to their on-going peace building and constitution making processes. It seriously undermines their common values and goals. When armed violence is used to resolve grievances and conflicts, legal and peaceful dispute resolution suffers, and the rule of law ceases to be upheld. I strongly believe that the government, the political parties, civil society and the media can and must do more to control the inflow of small arms, which continue to kill innocent people, abuse human rights and threaten their entire system.
