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Translated from Spanish
MNIC-30
The Permanent Mission of Nicaragua to the United Nations presents its
compliments to the United Nations Office for Disarmament Affairs and has the
honour to refer to its note ODA-2008/SALW/BMS of 28 January 2008 concerning
General Assembly resolution 62/47, entitled “The illicit trade in small arms and
light weapons in all its aspects” adopted on 5 December 2007.
The note states that in order to facilitate preparations for the Biennial Meeting
of States 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, the
Office for Disarmament Affairs would be grateful if States submitted one integrated
national report, containing a first chapter on their implementation of the
International Instrument to Enable States to Identify and Trace, in a Timely and
Reliable Manner, Illicit Small Arms and Light Weapons and a second chapter on the
implementation of the Programme of Action.
In this connection, the Permanent Mission of Nicaragua is pleased to attach
herewith the integrated report prepared by the National Police of Nicaragua . A
floppy disk containing an electronic copy of the report is also enclosed.
The Permanent Mission of Nicaragua to the United Nations takes this
opportunity to convey to the United Nations Office for Disarmament Affairs the
assurances of its highest consideration.
New York
1 April 2008
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Republic of Nicaragua
National Police
National Report
Implementation of the International Tracing Instrument
Implementation of the United Nations Programme of Action to Prevent, Combat and
Eradicate the Illicit Trade in Small Arms and Light Weapons
Managua
31 March 2008
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Contents
Chapter I: Implementation of the International
Tracing Instrument
1.1 Measures adopted to duly mark small arms and light weapons in the
possession of government armed and security forces for their own use.
1.2 Whether manufacturers of small arms and light weapons have developed
measures against the removal or alterations of markings.
1.3 Whether measures have been put in place to ensure that accurate and
comprehensive records are established for all marked small arms and light weapons
in Nicaragua, in accordance with the relevant paragraphs of the International
Tracing Instrument.
1.4 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.
1.5 The challenges and assistance needs that States may face in their efforts to
implement the International Tracing Instrument. States are also 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.
Chapter II: Implementation of the United Nations Programme of
Action to Prevent, Combat and Eradicate the Illicit Trade in Small
Arms and Light Weapons
2.1
Achievements made in the implementation of the Programme of Action.
2.2 Challenges and obstacles met in the implementation of the Programme of
Action.
2.3 Assistance extended to other countries in the implementation of the
Programme of Action.
2.4 Assistance received from other States and organizations in the implementation
of the Programme of Action.
2.5 Priority issues related to the implementation of the Programme of Action
which may be placed on the agenda of the upcoming Biennial Meeting of States .
2.6 Measures undertaken to prevent, combat and eradicate illicit brokering in
small arms and light weapons.
2.7 Measures undertaken to enhance international cooperation to prevent, combat
and eradicate illicit brokering in small arms and light weapons .
2.8 Information on national experiences related to best practices in the
implementation of the Programme of Action.
Annex: Contact persons
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Chapter I
Implementation of the International Tracing Instrument
1.1
Measures adopted to duly mark small arms and light weapons in the possession
of government armed and security forces for their own use
Article 138 (“Marking and Identification of Weapons”) of the Special Act for
the Control and Regulation of Firearms, Ammunition, Explosives and Other Related
Materials (Act No. 510) provides that the Nicaraguan coat of arms and the
inscription “Republic of Nicaragua”, the year of manufacture, serial number, name
of the institution which owns the weapon, country of origin and any technical
specifications that might characterize or distinguish the weapon or serve as a means
of identification shall be visibly engraved on one side of any weapon of war owned
or acquired by the State of Nicaragua.
Article 141 of the Act sets out the procedures for authorization.
Ten per cent of the heavy weapons in the possession of the National Police
have the name of the institution engraved on one side. Eighty per cent of the pistols
in the possession of the National Police have the name of the institution and the
Nicaraguan coat of arms engraved on one side.
It should be noted that the majority of the unmarked weapons in the possession
of the National Police are old. All replacements are duly marked.
Information on weapons in the possession of the National Army and the
national prison system is not available.
1.2
Whether manufacturers of small arms and light weapons have developed
measures against the removal or alterations of markings
There are no weapons manufacturers in Nicaragua. However, the Bureau
established under the Special Act for the Control and Regulation of Firearms,
Ammunition, Explosives and Other Related Materials (Act No. 510) has issued 25
commercial licences to workshops that repair and mark weapons, authorizing them
to engrave a new serial number assigned by the Bureau on wea pons whose serial
number has been removed. Official records show that 2,018 new serial numbers
have been assigned.
With a view to preventing the alteration of markings, article 123 , on offences
relating to the alteration of technical characteristics of we apons, provides that any
person who alters, removes or modifies the technical mechanisms, manufacturer ’s
trademark, serial number, model, type, barrel or calibre without requesting in
writing and receiving prior authorization from the authority designated under the
Act and its Regulations shall have committed the offence of alteration of the
technical characteristics of a weapon. The weapon shall be seized and the offender
shall receive a principal penalty of one to three years’ imprisonment plus a fine
equalling 12 times the average minimum monthly salary.
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Whether measures have been put in place to ensure that accurate and
comprehensive records are established for all marked small arms and light
weapons in Nicaragua, in accordance with the relevant paragraphs of the
International Tracing Instrument
Weapons are not manufactured in Nicaragua. However, there are authorized
workshops, which are duly monitored by the Weapons Bureau, that mark or re -mark
serial numbers on weapons, thereby ensuring the lega l flow of arms as provided for
in articles 156 and 144 of Act No. 510 and its Regulations. The following
procedures must be followed:
• The weapon shall be turned over to the Central Crime Laboratory to verify that
it has not been used in the commission of an unsolved crime;
• The proof of ownership shall be checked to ensure that it matches the
characteristics of the weapon;
• The Bureau of Weapons, Explosives and Ammunition and Related Materials
(DAEM) shall assign a serial number identifying the weapo n;
• DAEM shall select a workshop to engrave the number on the main structural
component, frame or receiver. The engraving shall be at least two millimetres
deep;
• The transaction shall be recorded in the case file;
• The serial numbers shall be recorded in a register.
• At present, there is only one register, which is handwritten; however, an
automated system is currently being developed;
• Article 8 (registration) of the Special Act for the Control and Regulation of
Firearms, Ammunition, Explosives and Other Related Materials (Act No. 510)
provides that all natural and legal persons involved in the import, export,
manufacture, distribution or trade of weapons, ammunition, explosives and
related materials, as well as all brokers, possessors, users, c arriers and
transporters, shall be entered in the appropriate register and shall carry at all
times the respective licences bearing the relevant details and specifications.
Article 8 also establishes the different types of commercial licences, as well as
the requirements for obtaining said licences, depending on the activity to be
exercised by the natural and/or legal person.
1.4
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
The chapter of Act No. 228 (National Police) relating to the structure of the
National Police provides as follows:
The National Archive Division is responsible for tracing arms through a
database containing records of all firearms used in the commission of a crime and/or
stolen, as reported by the victims.
The Division of Administrative Police Services operate s a database on
firearms containing information obtained from permit applications filed by natural
and legal persons.
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At the international level, the National Police consults with INTERPOL on
crimes involving natural and legal persons and firearms with a view to obtaining
relevant information.
The National Police has developed a working method for obtaining
information called the “investigative measures system”. The Weapons Bureau uses
the system to obtain information on weapons in circulation and to identify legal and
illegal arms and individuals engaged in the illicit trafficking of firearms, using
among other sources of information:
Informants: persons who collaborate with the National Police because they
have a connection with the institution and/or because they strongly oppose criminal
acts and corruption;
Community watch: groups organized by neighbourhood to guard against
criminals and organized crime;
Weapons Bureau: the agency which, within the area of its competence,
undertakes the necessary coordination with the various departments of the national
police to ensure a common system-wide approach.
1.5
The challenges and assistance needs that States may face in their efforts to
implement the International Tracing Instrument. States are also 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
Challenges
• To establish effective systems for the exchange and distribution of information
and improved access to databases;
• To establish a regional body comprised of the competent national authorities
from each country;
• To modernize the working methods of the specialized entities;
• To increase the use of available databases in coordination with the Weapons
Bureau in order to enhance Nicaragua’s capacity to prevent arms trafficking
and to trace illicit weapons. This will enable the Government to determine
whether persons under investigation who carry a weapon and/or who have
applied for a weapons permit possess a record for violence of any kind, in
which case the permit will be denied or suspended and the firearm seized.
Needs
• To secure transfers of technology for the detection of weapons;
• To promote the development of specialized training programmes and be st
practices;
• To train Weapons Bureau staff and acquire the appropriate technical equipment
for disabling collectors’ weapons;
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• To develop a regional system for registering legal weapons and weapons
seized in each country;
• To improve cooperation between law enforcement agencies and importers,
exporters and manufacturers with respect to follow-up and monitoring;
• To intensify efforts to standardize the system for marking and tracing
weapons;
• To increase regional resources for combating illicit trade;
• To harmonize national laws by ensuring the timely exchange of information,
compliance with legal controls and streamlining of national statistical systems;
• To acquire technical equipment for deactivating collectors’ weapons.
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Chapter II
Implementation of the United Nations Programme of
Action to Prevent, Combat and Eradicate the Illicit
Trade in Small Arms and Light Weapons
2.1
Achievements in the implementation of the Programme of Action
• Development of a State approach;
• Adoption of Act No. 510, which has served as a model in the region;
• Establishment of the Bureau of Weapons, Explosives and Ammunition and
Related Materials, which is specifically responsible for the control of firearms;
• Commitment given by the National Multidisciplinary Commission to authorize
the destruction of 2,000 pounds of seized weapons, which will serve as a test
run for the subsequent destruction of more than 8,000 seized firearms.
Certification by the United Nations and by each of the member institutions of
the National Multidisciplinary Commission is being sought;
• Accreditation of 21,963 firearms inspectors in compliance with article 67 of
Act No. 510, which establishes the regulations for the use of firearms by
civilians;
• Re-establishment of the National Multidisciplinary
26 February 2008, which took the following decisions:
Commission
on
(1)
Designation of the National Police as technical secretariat of the National
Multidisciplinary Commission;
(2)
Establishment of a support team for the technical secretariat;
(3)
Elaboration of
Commission;
(4)
Approval for the organization of a training workshop on the control of
small arms and light weapons;
(5)
Approval of a plan for the destruction of a batch of seized weapons.
a
workplan
for
the
National
Multidisciplinary
• Results of the national plans carried out by the Weapons Bureau in 2007
Number of
Seized Weapons
Seized
Ammunition
Seized
Explosives
Prevention
265
—
—
Prevention
2
5
—
Managua
Lightning
17
—
—
Managua
Combo
12
—
—
Managua
Eastern Market
—
7 769
—
Central Zalaya, Masaya and Northern
Atlantic Autonomous Region
Special
104
—
—
Regional
Metal
195
3 529
2
National
Jornada Popular
332
—
—
927
11 303
2
Department
Name of Plan
Managua
Masaya
Total
—
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• Weapons seized in 2005-2007:
– Different types of weapons
– Ammunition (different calibres)
8,140
1,071,164
– Explosives (different kinds)
2.2
7,818
Challenges and obstacles encountered in the implementation of the
Programme of Action
Challenges
• Organization of specialized forums to further analyse the challenges arising
from the illicit trade in small arms and light weapons, its consequences and
strategies for its detection, prevention and control;
• Greater use of available databases, in coordination with the Weapons Bureau,
with a view to enhancing Nicaragua’s capacity to prevent arms trafficking and
to trace illicit weapons. This will enable the Government to determine whether
persons under investigation who possess a permit to carry a weapon have a
record of violence of any kind and, if so, to suspend the permit and confiscate
the weapon;
• Ensuring the systematic and coordinated functioning of the National
Multidisciplinary Commission to ensure that persons who are issued a permit
to carry a weapon meet the legal requirements and in particular are of sound
body and mind;
• Strengthening of the Weapons Bureau by elaborating and using an
organizational and operating manual designed to help Nicaragua enhance its
preventive capacity and, at the regional level, to comply with the obligations
set out in the treaties, agreements and instruments aimed at increasing security
in the region;
• Strengthening the capacity of the National Multidisciplinary Commission to
formulate public policies on the control of small arms and light weapons and
the prevention of criminal and illicit activities involving weapons and the
consequences of their use;
• Establishment of a central regional authority;
• Sensitizing the criminal justice system to the applicatio n of the law to persons
who commit offences involving the use of firearms of all types, for the welfare
of the community.
Obstacles
• Discontinuation of the work of the National Multidisciplinary Commission
during 2006-2007;
• Lack of regional coordination of the system for the registration of legal
weapons and weapons that have been confiscated;
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• Insufficient coordination between law enforcement agencies and importers,
exporters and manufacturers with respect to monitoring and control;
• Insufficient efforts to unify the system for marking and tracing firearms;
• Limited regional resources to deal with the problem;
• Failure to harmonize national laws by ensuring the timely exchange of
information and compliance with legal controls and by strea mlining national
statistical systems;
• Lack of technical equipment to disable collectors’ weapons;
• Under-registration of security guards owing to the fact that the old database
did not indicate whether certifications had already been processed;
• Because the databases of the departments and districts of Managua are not
interlinked, data cannot be accessed immediately. It typically takes three
months to receive the information required to update the data;
• The purpose of Act No. 510, which is preventive, is not matched by the way it
is implemented, owing to the lack of a policy in the criminal justice system to
help ensure that the Act succeeds in its preventive and standard -setting mission
in Nicaragua;
• It will be necessary to increase the use of available databases, in coordination
with the Weapons Bureau with a view to enhancing Nicaragua’s capacity to
prevent arms trafficking and to trace illicit arms. This will enable the
Government to determine whether persons under investigation who possess a
weapons permit have a record of violence of any kind and if so to suspe nd the
permit and confiscate the weapon seized;
• Physical and psychological examinations for security guards and persons
applying for a weapons permit are not standardized.
2.3
Assistance to other countries in the implementation of the Programme of Action
In February 2008, a working tour organized and funded by the Arias
Foundation for Peace and Human Progress of Costa Rica was undertaken in Belize,
Guatemala, El Salvador and Honduras. Nicaragua, Costa Rica and Panama will be
visited at a later date. The purpose of the tour was to collect information on the
weapons registration and control procedures used in those countries to develop ways
to improve them and to conclude agreements for the direct exchange of information
between the official weapons registration and control databases of each country in
order to detect illicit activity.
Agreement was reached on the procedures for authorizing the import, purchase
and sale of firearms in Guatemala, El Salvador, Belize and Nicaragua. In Belize,
Honduras and Guatemala, the army will provide assistance. There is no legislation
that provides for the mutual exchange of information concerning lost weapons.
2.4
Assistance received from other States and organizations in the implementation of
the Programme of Action
Trips to other countries have been undertaken with a view to sharing
experiences and training in weapons and ammunition. States visited include South
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Africa, Brazil, Colombia, Argentina, Spain, Costa Rica, the United States
(Washington, D.C.), Switzerland, Honduras, Belize, Panama, El Salvador and
Guatemala.
With respect to the Central American Small Arms Control Project (CASAC),
Nicaragua received advice and training in the operation of the National
Multidisciplinary Commissions during a forum held on 27, 28 and 29 February 2008 at
which participants identified:
• National contact and focal points and national and regional liaisons; and
• The functions of the regional executive unit of the Central American Security
Commission (SICA).
Participants included Belize, Guatemala, Costa Rica, Honduras, El Salvador,
Nicaragua and Panama, together with the Regional Bureau for Latin America and
the Caribbean (RBLAC) and the Bureau for Crisis Prevention and Recovery
(BCPR).
The main strategic thrust over the next few years will be in the areas of
legislation and standard-setting, the development of strategic plans for each national
multidisciplinary commission and the development and implementation of various
projects, aimed at strengthening capacities to prevent and detect illicit activities.
The Commission of Police Chiefs of Central America, Mexico and the
Caribbean has developed a regional plan to combat illicit trade in weapons,
ammunition, explosives and related materials. The objective of the plan in both
general and specific terms is to improve coordination between the authorities and/or
bodies responsible for enforcing the laws for the control of weapons in Central
American and Caribbean countries and between police intelligence and criminal
investigation units and judicial police/judicial assistance mechanisms in the region.
Specific measures
• Updating of databases in each of the Central American and Caribbean
countries for consultations regarding the methods used for the trafficking of
arms, explosives, ammunition and similar items.
• Implementation of bilateral and multilateral operational plans to combat and
disband criminal gangs, groups and organizations in each of the Central
American and Caribbean countries that are active in the trafficking of arms,
explosives, ammunition and similar items.
• Organization of meetings between the competent police authorities of each of
the Central American and Caribbean countries to design and elaborate regional
plans to combat trafficking in arms, explosives, ammunition and similar items.
2.5
Priority issues related to the implementation of the Programme of Action which
may be placed on the agenda of the upcoming Biennial Meeting of States
• Specialized forums to discuss the problem in greater depth;
• Establishment of effective systems for the exchange of information and for the
dissemination and sharing of databases;
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• Transfer of technologies for the detection of weapons;
• Specialized training and best practices programmes;
• Establishment of a regional body comprised of the competent authorities in
each country;
• Updating of the working methods of specialized bodies.
2.6
Measures undertaken to prevent, combat and eradicate illicit brokering in small
arms and light weapons
• Implementation of plans aimed at preventing, combating and eradicating the
illicit trade in small arms and light weapons;
• Enforcement of the provisions of articles 113-119 of chapter XIV of Act
No. 510, on acting as a broker in weapons trafficking, and of articles 92 -94 of
the accompanying Regulations;
• Dissemination of the provisions of Act No. 510 and its Regulations in Spanish
and in the indigenous languages of autonomous regions.
2.7
Measures undertaken to enhance international cooperation to prevent, combat
and eradicate illicit brokering in small arms and light weapons
• Implementation of the Central American Small Arms Control Project;
• Organizing and facilitating the holding of workshops to coordinate policies to
combat the illicit trade in small arms and light weapons and to harmonize
legislation;
• Adoption of the Code of Conduct on the Transfer of Arms, Ammunition,
Explosives and Other Related Materials;
• Strengthening and streamlining the operations of the National
Multidisciplinary Commission to enable it to develop and implement strategies
and indicators;
• Channelling international support into enhancing the technical and operational
capacity of the Weapons Bureau with a view to strengthening prevention and
combating the illicit trade in arms;
• Promotion of programmes and awareness-raising campaigns to prevent the
proliferation of small arms and light weapons and thereby promoting a culture
of peace;
• National programmes for the collection and destruction of weapons;
• Efforts to create a ballistics system that would facilitate research and
information exchanges;
• Continuing efforts to improve firearms control systems.
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Information on national experiences related to best practices in the
implementation of the Programme of Action
In early 2007, the National Police, represented by its Director-General, Chief
Commissioner Aminta Granera Sacasa, put forward its institutional strategic
guidelines for preventive action at three main levels:
State: establishment and functioning of the National Multidisciplinary
Commission, comprised of State institutions and civil society representatives;
Police: investigation (investigative measures system);
Civil society: the interaction of the National Police with the various groups
representing Nicaraguan civil society.
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Annex: Contact persons
A.
National level
I. National Police — National focal point
Pursuant to the provisions of Act No. 510, the Special Act fo r the Control and
Regulation of Firearms, Ammunition, Explosives and Other Related Materials, the
Bureau of Weapons, Ammunition, Explosives and Related Materials (DAEM) of the
National Police is the national focal point and liaison between States that have
assumed international obligations under the Programme of Action to Prevent,
Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its
Aspects and have undertaken to implement the International Tracing Instrument.
Commissioner Horacio Sobalvarro Barberena
Head of the Bureau of Weapons, Ammunition, Explosives and Related
Materials (DAEM) of the National Police.
Telephone: +(505) 270-2214
Fax:
+(505) 277-4575
+(505) 277-2661 Ext. 1205
E-mail:
daem@policia.gob.ni
Address:
Plaza El Sol, Managua
II. Ministry of Foreign Affairs — contact person
Carlos Vicente Ibarra
Director of Democratic Security
Department of International Legal Affairs, Sovereignty and Territory.
Telephone: +(505) 244-8071, +(505) 244-8056
Fax:
+(505) 244-8071
Address: Avenida Bolívar, one block south of the former location of the
Gonzales Cinema.
E-mail:
cibarra@cancilleria.gob.ni