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IMPLEMENTATION OF THE UNITED NATIONS PROGRAMME OF ACTION TO

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IMPLEMENTATION OF THE UNITED NATIONS PROGRAMME OF ACTION TO

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

    REPUBLIC OF MOZAMBIQUE

IMPLEMENTATION OF THE UNITED NATIONS PROGRAMME OF

    ACTION TO PREVENT, COMBAT AND ERADICATE THE ILLICIT

    TRADE IN SMALL ARMS AND LIGHT WEAPONS IN ALL ITS

    ASPECTS

    MOZAMBIQUE REPORT 2008

Introduction

    Mozambique has since March 2007, a new Arms and Ammunitions Act (AAA). The New Act among other issues covers areas such as control on civilian possession and use, record keeping, marking and tracing, import, export and transit, trade, arms embargoes and penalties.

    The new AAA has been approved by the Gabinet through Decree Nº8/2007, in 27 March 2007. This is the first step towards harmonization of national legislation regarding the control of small arms and light weapons, in order to address the new challenges posed by the political and socio-economic development of the country.

    This is also an attempt to accommodate in the internal legislation all the binding regulations contained in regional, continental and international instruments dealing with small arms and light weapons.

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

    A) NATIONAL LEVEL

1. National Coordination Agency

    The Mozambican National Coordination Agency is known as COPRECAL (in Portuguese is Comissão Interministerial para Prevenção, Combate e Erradicação do Tráfico Ilícito de Armas Ligeiras e de Pequeno Porte and in English is the Inter-Ministerial Commission to Prevent, Combat and Eradicate Illicit Trafficking in Small Arms and Light Weapons).

Contact:

Ministério do Interior

    Gabinete de Relações Internacionais, 5ºAndar

    Av. Olof Palme Nº46/48

    Maputo, Mozambique

    Phone Nº(+258) 21 32 72 44

    Fax Nº(+258) 21 32 72 44

    COPRECAL was created in 2001 and promulgated by the Council of Ministers on 17 May 2005.

Our National Commission has two levels:

    - Ministerial, and

    - Technical

    -

    The Ministerial level which is political is chaired by the Minister of Interior, being the Minister of Defence the Deputy Chairperson and it also comprises the Ministers of:

    - Foreign Affairs and Cooperation;

    - Finance;

    - Plan and Development;

    - Justice, and

    - Education and Culture.

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

    The Ministers shall meet quarterly and the Chairperson may call an extraordinary meeting whenever such meeting is necessary, as well as invite other institutions for their working sessions. This is the main decision Body.

    The Technical level is the executive body and is chaired by the Permanent Secretary of the Ministry of Interior, comprising experts of the following institutions:

    - Ministry of Interior;

    - Ministry of Defence;

    - Ministry of Foreign Affairs and Cooperation;

    - Ministry of Justice;

    - Ministry of Plan and Finance;

    - Ministry of Education;

    - Center for Strategic and International Studies; and

    - The Office of the Press.

    Experts shall meet at least once a month and the Chairperson may call an extraordinary meeting whenever such meeting is necessary, as well as invite other institutions for their working sessions.

    The National Commission shall also establish Working Groups, namely:

    - Working Group on Legal Affairs;

    - Working Group on Operational Affairs;

    - Working Group for Public Awareness; and

    - Working Group for International Cooperation.

    The Ministry of Interior, as the coordinating body, shall guarantee the secretariat services.

Roles and Functions

    1. Responsible for the coordination and integration of national

    efforts required to prevent, combat the illicit manufacturing,

    trade and use of small arms and light weapons.

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

    2. Responsible for development and implementation of the

    National Action Plan to prevent, combat and eradicate the

    illicit manufacturing, trade, trafficking and use of SALW.

    3. Responsible for the implementation of the SADC Protocol on

    the Control of Firearms, Ammunitions and Other Related

    Materials. Other Protocols, Actions Plans and Declarations

    pertaining SALW such as the United Nations Protocol, the

    UNPOA and the Bamako Declaration.

    4. Facilitating the exchange and dissemination of information

    pertaining SALW.

    5. Establishing and maintaining a national electronic database

    on SALW.

    6. Coordinating and interacting with civil society and develop

    national public awareness programmes in the framework of

    the promotion of the culture of peace and non-violence.

    It also competes to COPRECAL to propose the Government as

    follows:

    a) Actions to be developed in perspective to integrate

    national efforts in domains of prevention and combat the

    manufacturing, trade, trafficking, possession and use of

    illicit small arms and light weapons;

    b) A National Action Plan to prevent, combat and eradicate

    the illicit manufacturing, trade, trafficking and use of small

    arms and light weapons;

    c) Necessary normative and administrative measures to

    reinforce actions of prevention and combat the

    manufacturing, trade, trafficking, possession and use of

    illicit small arms and light weapons.

    2. National Point of Contact

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

    The National Point of Contact is the Department of International Relations in the Ministry of Interior. The address is as follows:

Ministério do Interior

    Gabinete de Relações Internacionais, 5ºAndar

    Av. Olof Palme Nº46/48

    Maputo, Mozambique

    Mobile Phone Nº(+258) 82 30 32 66 0 or (+258) 82 73 39 39 6 Fax Nº(+258) 21 32 72 44

    E-mail: jbule@yahoo.com or tchingry2001@yahoo.com

    The Department of International Relations besides providing secretariat services liaises with other Ministries, institutions, organizations and States in relation to all issues pertaining to the National Commission as well as on the implementation of the UNPOA, SADC Protocol on Firearms and other regional and international instruments concerning SALW.

    3. Legislation, Regulations, Administrative Procedures

    (i) National laws, regulations and administrative

    procedures to exercise control over SALW in

    Mozambique in the areas of production, export, import,

    transit and retransfer are:

    1. The new Arms and Ammunition Act (AAA), Approved by the

    Council of Ministers through Decree Nº8/2007, on 27 March

    2007;

    2. Law 33551 of 21 February 1944, dealing with customs and

    imports;

    3. Law 30-99 of 24 May 1999, dealing with customs and tariffs;

    4. Law 3/97 of May 1997, dealing with Illegal Trafficking in

    Drugs;

    5. Law 7/2002 of 05 February, dealing with money laundering;

    6. Statute 10/87 of 19 September, Penal Code amendment

    dealing specifically with firearms.

    National Laws, Regulations and Decrees

    Area Law/Regulation/Decree Date

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

     Regulamento de Armas e Munições 27 March 2007

     Arms and Ammunition Act (AAA) Decree Nº8/2007 This law also does not regulate production of SALW and it is only Production applicable to all situations of possession, use, import, export and

    transit of SALW. Mozambique does not have a SALW manufacture

    industry.

    No web link available

    National Laws, Regulations and Decrees

    Area Law/Regulation/Decree Date

     Regulamento de Armas e Munições 27 March 2007

     Arms and Ammunition Act (AAA) Decree Nº8/2007 Import, This law establishes the basics requirements to import, export, re-Export and import, re-export and transit of SALW, ammunitions and other Transit related materials. This law also regulates the movement of firearms

    inside the Country.

    No web link available

    Administrative Procedures

    Area Administrative Procedures Date

     Regulamento de Armas e Munições 27 March 2007

     Arms and Ammunition Act (AAA) - Decree Nº8/2007 According to Art. 47 (1) the licence to import, export, re-import, re-Import, export and transit of SALW, ammunitions and other related Export and materials must be granted by the National Commissioner of Police. Transit (Mozambique does not export SALW).

    In terms of imports, exports, re-imports, re-exports and transit of

    SALW, ammunitions and other related materials this Act broadly

    conforms to the regional and international Agreements.

    No web link available

    (ii) Basic provisions exist to prevent the manufacture,

    stockpiling, transfer and possession of unmarked or

    inadequately marked SALW. The AAA, Art.43 says:

    “…Firearms are marked during the process of import, export, transit, seizure, confiscation and transfer to the State by citizens…”

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

    Article 44 it’s about the serial number of the firearm and

    the number (1) says:

    “…Firearms should be indelible marked by inserting in the upper

    side of the barrel the manufacturer, country and year of

    manufacture, followed by the initials PRM…”

    Article 45 (3) says:

    “…Record keeping should be maintained for up to 10 years …”

    Article 46 contains provisions dealing with falsifying, altering,

    removing markings and denying of information, its say:

    “…those who alter, falsify, remove the marking or deny providing

    information regarding firearms will be punished in terms of the law

    and, firearms shall be apprehended in favour of the State…”

    (iii) National laws, regulations and procedures that impact

    on the prevention, combating and eradication of the

    illicit trade in SALW in all its aspects are made public

    through the mass media such as, national newspapers,

    radio and television.

    The Government of Mozambique also hold public awareness campaigns, seminars and workshops where all this documents and instruments are disseminated and explained to the people. However, the documents still to be publicised through the Government website.

4. Law Enforcement/Criminalization

    (i) The new Arms and Ammunition Act, Article 40, (5), and

    Article 46, penalise illegal manufacture, possession,

    stockpiling and trade of SALW.

    Statutes 10/87 of 19 September, Penal Code

    amendment to deal specifically with firearms, criminalize

    illegal manufacture, possession, stockpiling and trade of

    SALW.

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

    National Criminal Offences Relating to Illicit SALW

    Area Law/other measures Date

     Regulamento de Armas e Munições

     27 March 2007 Arms and Ammunition Act Decree Nº8/2007 Statute 10/87 Penal Code amendment to deal 19 September 87 specifically with firearms

    The Act conforms to regional and international Agreements. Statute

    10/87 complements the Act and Art 253 says:

    “…Those who manufacture, import, acquire, handle, pledge or own

    by any title as well as transport, keep or use non firearms, firearms

    or other means either instruments that can create life in danger, Manufacture,

    physical integrity or people’s liberty, or used in destruction of

    buildings or public property, having the knowledge the intention to Possession,

    perpetrate whatever a crime, shall be condemned from eight up to twelve years of imprisonment. and

    1. If the manufacture, import, acquire, handle, pledge, hold, Stockpiling

    transport, keep, detain or use of arms, means and instruments

    referred in the present Article, simply violates the rules and

    instructions of the competent authorities and do not aim at

    neither be used as means to practise what ever crime, the

    penalty shall be up to two years imprisonment and a fine up to

    six months.

    2. The same penalty applies to individuals who happen to have

    licences withheld.

    3. In all or more cases mentioned in this Article and its paragraphs,

    firearms shall be apprehended in favour of the State.

    Mozambique does not have any firearms manufacture industry.

    No web link available

    National Criminal Offences Relating to Illicit SALW

    Area Law/other measures Date

     Regulamento de Armas e Munições

     27 March 2007 Arms and Ammunition Act (AAA) Decree Nº8/2007 Article 93 of the AAA, says: “….. Illegal trade of firearms as well as Trade false declaration/representation in order to obtain licence to trade in

    firearms and ammunitions is punished according to the penal code…”

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

    No web link available

    National Measures for the Enforcement of UN Security Council Arms Embargo

    Area Legal Means Date

     Regulamento de Armas e Munições

     27 March 2007 Arms and Ammunition Act (AAA) Decree Nº8/2007 Enforcement According to Article 105 (1) The Ministries of Interior, of National of UNSC Defence, of Foreign Affairs and Cooperation and of Finance have the Arms responsibility to guarantee the implementation of UN arms embargoes. Embargoes (2) Violation of arms embargoes is punished according to the penal

    code.

    No web link available

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

    5. Stockpile Management and Security

    National Standards and Procedures for Stockpile Management and Security

    Group Standards/Procedures Date Adopted

     Regulamento de Armas e Munições

     27 March 2007 Arms and Ammunition Act (AAA) Decree Nº8/2007

    Article 106 of the AAA, deals with firearms and ammunitions belonging to Armed Forces/

    the State and it says:

    “…1. Firearms and ammunitions belonging to the State should be properly Police of Republic

    marked and catalogued, regular inventories conducted, including clear

    indication of their movements in the reports.

     of Mozambique

    2. Firearms and ammunitions belonging to the State should be kept in

    SALW stocks of the Police of the Republic of Mozambique or

    National Army…”

    (According to the frequency of use of SALW contained on it, these stocks

    are normally inspected in a daily, weekly or monthly base).

     Regarding the stockpiling of firearms and ammunitions in the hands of

     Private Security Companies, Article 30 of the AAA says:

     “…1. Firearms in the hands of Private Security Companies should be

     kept in a Safe.

     3. Firearms in the hands of Private Security Companies as well as

    Other Authorized the packaging (stocking) places are subject to regular inspection by

     the Police of the Republic of Mozambique…”

     (These stocks are normally inspected in a daily base)

     Regarding personal defence and hunting firearms, Article 28, of the same

    Bodies Act, says:

    “…1. Personal defence firearms, when at home, should be kept in

    appropriate safes.

     4. Hunting firearm should be maintained unloaded when are not used

    for hunting…”

    (These stocks are normally inspected by the Police of the Republic of

    Mozambique)

     No web link available

    In this context, related to the security and stockpile management

    there exist proper internal regulations designed by the Security and

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