PCTC Paper
On
Illicit Trafficking and Manufacturing
of Firearms:
Philippine Context
I.
Introduction
The Philippines is an archipelagic
country whose territorial integrity is dispersed into subdivision of
jurisdictional provinces. Each province is governed by a Local government
headed by a Governor and towns within the province are controlled by the
Mayors. Peace and order as well as the maintenance of Internal Security is the
responsibility of the Philippine National Police (PNP).
Through the years, proliferation of
illicit trafficking of FA’s is perceived to be a menace to society. It becomes
a stumbling block to our country’s economic development. Smuggling which causes
economic sabotage and increase in terroristic as well as other criminal
activities had been felt. These factors pose a serious threat to our National
Security. Our political arena had been tainted by warlordism, power plays and
terroristic acts using firearms. This situation greatly hampers the country’s
economic recovery. Likewise, our society had been threatened by the
proliferation of unregistered and or uncontrolled firearms.
The ultimate goal to have political
control, economic advantage, power, revenge, seek for immediate justice and
personal security are just but a few of the factors that a firearms trafficker
has in mind. It is in this context that he violates the existing laws of the
country.
Although aware of these situations,
equipped with the basic legislative tools and motivated by the goal of a
peaceful society, still our law enforcers are tied up with the following
problems:
1.
Lack
of modern equipment
2.
Wanting
personnel monitoring ports of entry/exit
3.
No
informants/informers
4.
Insufficiency
of concerted efforts by concerned agencies
5.
Lack
of political will by some local officials
6.
Feeling
of apathy and tolerance by the community
Control of firearms rest solely on
the National Police particularly the Firearms and Explosive Divisions (FED) at
Camp Crame, Quezon City.
The FED’s mission to administer, enforce and
implement Firearms and Explosive Laws, Rules and Regulations is realized by the
performance of its basic functions to wit:
¨
To
supervise and control the importation/exportation, manufacture, dealership, ownership, sale, transport, repair and
carrying of firearms and ammunition.
¨ To supervise and control the
importation/ exportation, manufacture,
dealership, purchase, sale, transport, possession, and use of explosives,
blasting agents, explosives ingredients and other explosives materials.
¨ To supervise and control the
manufacture, dealership, purchase and sale of firecrackers and pyrotechnics and
their ingredients.
¨ To supervise and control the
operation of repair shops, gun clubs, hunting clubs and firing ranges.
¨ To support PNP units and other
law enforcement agencies in the operation and investigation of firearms and
explosives related cases.
¨ To act as the final repository
of all firearms records in the country.
¨ To formulate rules and
regulations pertinent to laws relative to firearms, ammunition, explosives,
firecrackers and pyrotechnics, explosives ingredients and other explosives
materials.
¨
To
conduct education on firearms and explosives laws, rules and regulations; and
gun safety and responsible gun ownership seminars.
Registered
Firearms
There are about 633,607 licensed firearms in the
Philippines today. We posted an average increase of 65,802 registered firearms
per year. Most of these firearms are locally made and the rest are imported by
legitimate dealers from U.S., China, Israel and European Countries.
Loose Firearms
Documentary evidence and data collected from
intelligence information from our operating units yielded an estimate of about
329,985 loose firearms in the Philippines. These are either in the hands of gun
enthusiast, hobbyist, political warlords or criminal elements and
organizations.
Loose firearms are kept for use in
future unscrupulous projects such as robbery/holdup, harassment of political
opponents, use by private arm groups to undermine their rivals in political and
economic power plays. Some of these loose FA’s are also in the hands of local
dissidents in the country. There are 3,670 cases involving use of FA’s
registered from 1993 to 1998. 93.27% of these cases involved the use of
unlicensed FA’s and 6.73% involves licensed FA’s. We therefore share with you
our security concerns brought about by the proliferation of loose firearms in
our country.
The Philippine Center on
Transnational Crime (PCTC)
Due to the magnitude of the prevailing issues on firearms
trafficking, the Chief Executive addressed such menace by including arms
smuggling (FA’s Trafficking) as a priority concern in the creation of
Philippine Center on Transnational Crime (PCTC) under Executive Order No. 62 on
Jan 15, 1999. Foremost among its mandate is the establishment through modern
information and telecommunication technology, a shared central database among
agencies for information on criminals, methodologies, arrests and convictions.
The PCTC will focus on the following transnational crimes:
a.
Illicit
trafficking of narcotics drugs and psychotropic substances
b.
Money
laundering
c.
Terrorism
d.
ARMS
SMUGGLING
e.
Trafficking
in persons
f.
Piracy
g.
Other
crimes that have impact on the stability and security of the country.
The Proposed ASEAN Center on Transnational Crime
(ACOT)
In order to solicit regional
and international cooperation, the Philippine Government is proposing the
creation of a Center to be called the ASEAN Center on Transnational Crime
(ACOT). This regional plan of action was conceptualized and formulized during
the ASEAN Experts meeting held in Manila in December 1997. The Center is envisioned to act as the
central body to coordinate all actions against transnational crime in the
region. It will tackle the formulation of regional policies and operations
planning, for the enhancement of Regional capacity in combating transnational
crime through information exchange, research and training, and shall be the
forum of dialogue between the ASEAN partners. Said project proposal was announced
by his Excellency President Joseph Ejercito Estrada during the 6th
ASEAN Summit on December 15, 1998 at Hanoi, Vietnam. The Philippine government
will formally submit the project proposal for the creation of ACOT on the 2nd
ASEAN Ministerial Meeting on Transnational Crime Scheduled in Yangon,
Myanmar on 21-23 June 1999.
II.
Sources of Loose Firearms
There are four (4) factors to consider in estimating the
number of loose firearms, to wit:
·
Those
kept by private citizens
·
Those in the hands of
government officials and employees
·
Those that are in the
possession of groups which have different political views with that of the
established order.
·
Those kept by the
deviants of the Philippine Society
Most private citizens are not qualified to possess
firearms. But many citizens, nonetheless, keep unlicensed firearms in the most
secret places in their residences. This is true also among government officials
and employees, to include members of the Armed Forces and the Police. In the
Philippines, there are clans and even small families who do not see eye to eye
with each other, either for reasons of politics, agrarian problems or business
competitions. To have firearms, in the Philippines, moreover, is a status
symbol – of a macho image and power. With gunrunning around, firearms can be
easily obtained and kept from the eyes of the law enforcers. Somehow, in a
community, one would know who has the most and deadly inventory of firearms.
And of course, the country has its own share of
citizens who question the established order, and these groups certainly, would
have caches of firearms and ammunition.
A.
Local Gun (“Paltik”)
Manufacturing
The
main sources of uncontrolled firearms (loose firearms) are the unregistered
local gun manufacturers. We call these sources as “PALTIK” manufacturers. They
are concentrated in the island of Cebu particularly in Danao City, Mandaue City
and other neighboring towns. These are
clandestine backyard or cottage industries manned by family members purposely to
produce “paltik” firearms for trade and economic alleviations.
P/Supt
Robelito R. Comilang, PNP, in his 1993 theses presented to the Philippine
Public Safety College, revealed that the Government is deprived of P40 M unpaid
taxes due to smuggling of “Paltik” firearms.
B.
Smuggling
Firearms are brought into the
country through our ports of entry and exit. This modus operandum of gunrunners
is made possible through connivance with some corrupt and unscrupulous
officials of the bureaucracy. Likewise, door to door deliveries of packages,
big equipments, appliances and even International Aid are being utilized as
covers for such illicit activities.
The PNP Firearms and Explosive
Division records show that from 1991 to March 1999, the National Law
Enforcement Coordinating Committee – Ninoy Aquino International Airport
(NALECC-NAIA) Group intercepted and confiscated 334 assorted smuggled firearms.
Most of the items originated from mainland USA.
While the government campaign to
dismantle all private armies in the Philippines has resulted in a significant
decline in gunrunning transactions and incidents of firearms smuggling, the
proliferation of loose firearms remains unabated. This can be attributed to
continue smooth opportunities for local transhipments of firearms and inbound
smuggling of foreign-made weapons through International airports and maritime
ports. Sometime in 1992, it was monitored that a big shipment of firearms,
mostly cal. 5.56 US made rifles, were unloaded in Mindanao. The firearms were allegedly purchased by local officials.
Meanwhile, local gunrunning
activities, involving locally made firearms are frequently monitored.
Danao-made (Cebu) handguns such as the cal. 22, cal. 5.56, cal. 38 revolvers
and cal. 45 pistols are the most commonly traded small arms in the country.
Aside from being relatively cheaper, these firearms are highly marketable and
easier to procure than foreign-made handguns.
Information gathered by
intelligence agencies in our country confirmed the Yakuza illegal firearms
trade. Members of the Yakuza
organization acquire the bulk of “paltik” productions in Cebu using different
exit points like Batangas, Ilocos Sur and other northern parts of the country.
The gun trail can be traced from the
individual “paltik” manufacturers
elusive dens and production sites to the consumers through the enterprising
individuals or groups whose main agenda is economic gain. Syndicated Crime
Groups involved in trafficking of firearms collect finished products from
individual sources and consolidate these firearms on pre-designated bodegas.
Cache of firearms are shipped to Manila or any port for delivery to contacts
for the CASH TRADE by YAKUZA contacts/agents. Thereafter the agents transport
the said firearms mostly by ships, barges, motor bancas and other water
carriers. Some utilize helicopters and aircraft for shipments.
The Gun Trail had been monitored ever since. Reports
of confiscations, buy-bust operations and police raids prompted the YAKUZA to
import technology of the gun manufacturer by hiring individual gun makers.
These gunsmiths are brought to Japan in guise of tourists, contract workers,
and other legitimate covers purposely to manufacture guns inside Japan.
Cebu-based manufacturers are the major source
of firearms being shipped for both local and foreign markets. Other sources are
Leyte and Negros provinces. From Cebu, firearms are shipped to Manila and other
provinces in the Visayas and Mindanao on board passenger vessels and fishing
boats, which regularly call at the ports of Cebu.
Another major site is the National Capital Region, specifically
Manila North Harbor where handguns, armalite rifles, shotguns and other
high-powered firearms are unloaded from commercial vessels calling at said
port. The North Harbor is also a transit point for smuggled firearms. Other areas
in Luzon where these activities are prevalent are Cavite, Pangasinan, llocos
provinces, La Union, Batangas and Palawan. In addition, the southern backdoor
is also being used in arms smuggling.
Gunrunners in Southern Philippines sell firearms to either the
ideological political groups or to local bandits. The areas in Mindanao .where
these activities are rampant are Agusan, Misamis, Surigao, Sulu, Basilan,
Tawi-tawi and Zamboanga provinces.
On the other hand,
the more sophisticated and high
powered firearms are smuggled into the country mostly by “balikbayans” or
immigrants.
The following factors contribute to the flow/movement of firearms
into and out of the country
·
The
country's geographic configuration with its long and irregular coastlines, and some
sparse and isolated islands, that afford gunrunners numerous natural covers for
landing sites and storage points.
·
The
prospects of huge profits and ready markets for smuggled firearms.
·
Increased
connivance among gunrunning syndicates and some corrupt law enforcers.
·
Persistent
involvement of some political families and other influential families in these
activities either to beef up their private armies or as instruments in the
conduct of illicit activities.
The Philippine Navy conducted 142
anti-gunrunning operations from 1992 to March of this year. The operations
resulted in the apprehension of 55 vessels, involving 52 persons and
seized/confiscated firearms with an estimated value of P5.7M.
C. Proliferation of Guns
Dealership/Manufacturing
Though we have control over establishments that deal
with selling, delivery as well as manufacturing of firearms, there are
difficulties in the monitoring, inventory and surveillance of their day to day
activities and transactions. This is due to the insufficiency of personnel
whose main task is to implement the Firearms Law. With this, there is a
tendency for gun dealers/establishments to clandestinely black market excess goods which are neither registered
nor monitored by the FED.
D.
Pilferage from Military and Police
Arsenal
The stockpile of ammunitions and firearms of the AFP
and PNP are left under the control and responsibility of individuals. Economic
difficulties, pressure from peers and the need of outright cash motivate
property custodians to bring out items from their custody to address their
ongoing economic depressions. Embezzled properties like firearms are selling
like hot cakes on the street.
E.
Losses From Legitimate Police/AFP
operations
Our
country is beset with two (2) major insurgent groups, the New Peoples Army
(NPA) and the Moro Islamic Liberation Front. Sporadic clashes with these
dissident groups occur every now and then. Firearms are likewise lost during
“Agaw Armas Operations” (Firearms Snatching) in order to acquire firearms for
their future dirty job operations.
III.
Counter Measures
The proliferation of firearms in the country may
result to formation of more private armed groups, criminal syndicates, ultra
rightist elements, dissident organizations and many other illicit organizations
which pose threats to the national security. Likewise, firearms smuggled out of
the country may affect peace and order of the destination country. It is
therefore imperative for us to address these problems.
A.
The
control of “Paltik” manufacturing
The control of “Paltik”
manufacturing is one of the problems that beset our law enforcement
agencies. As of now, there are two (2)
licensed manufacturers in Danao City, Cebu.
The Danao Arms Corporation (DAMCOR) and the Workers League of Danao
Multi-Purpose Cooperative
(WORLD-MPC). These two manufacturers
are authorized to produce a total of 6,000 assorted firearms annually based on
their manufacturers license issued by the PNP Chief. Under the Revised Administrative Code, the power to approve and
disapprove applications for firearms manufacturing license is vested on the President of
the Philippines. However, this power is
delegated to the Chief, PNP under Section 27 (f) of Republic Act 6975.
Despite the fact that
the power of licensing firearms manufacturing had been delegated to the Chief,
PNP, still, a lot of small scale firearms producers continue to operate
illegally. This is attributed to the observation that the application
of license to manufacture is deemed as a long and tedious process, especially
to the applicants with meager resources
or capital, and to undergo said procedures entail lots of time and financial
resources. There is a need therefore to
liberalize the issuance of manufacturers license to eliminate red tapes, and
come up with a simpler system that can be easier to be complied with by the
applicants. Decentralization of the
processing of these applications to the Regional level may encourage
illegitimate “paltik” manufacturers to come out in the open and abide with the regulations which are easier
to cope.
B.
On
Smuggling The Customs Bureau is the primary agency
tasked with addressing the smuggling of firearms. The Philippine government formed an AD-HOC committee to
incorporate the efforts of all law enforcement and intelligence agencies by
creating a coordinating body called the National Law Enforcement Coordinating
Committee (NALECC). Each member agency pass information to other agencies to
come up with SPIDER WEB efforts to identify and entrap smugglers even at local
inter island ports of entry and exit. Intensified information gathering by
appointed intelligence agents and informants is likewise being undertaken.
Searches by Coast Guard and Custom Officials are implemented on suspected
carriers.
C.
Stricter
Implementation and Enforcement of Firearms Laws Rules and Regulations.
The FED had build up their Inspectorate Branch purposely to intensify
campaign against illicit trade by legitimate dealers. This is done through the
conduct of surprise inspections of stores, detailed inventory, manufacturing
sight visits and stricter pass or transport control. Escorts from the police
service are being utilized to monitor movements and transport of their firearms
from one facility to other bodegas.
D.
Pilferage
of Firearms
The problem of pilferage of firearms from PNP/AFP Depot is now
being addressed by the Counter Intelligence Operations and their respective
Security Officers. Inventory and inspection of physical establishment are being
monitored regularly. Aside from the enhancement of physical structure on camps
and other military installations, safeguard mechanisms are employed.
E.
On
Losses from Police and Military Operations
Losses
during legitimate Police and Military operations can be negated by
professionalizing the police and the military. Training, Information and
Education in order to take care of their individual equipments are every now
and then instituted to the troops. Proper reporting of lost FA’s as well as
recovered firearms from the enemy was mandated by Executive Order 122 dated 08
Sept 1994. The proper accounting of all Government Firearms therefore was
undertaken as basis for future audit and inventory
IV Conclusion/ Regional Implications
Our
problem lies on unregistered firearms. Firearms when not registered are easily
delivered to criminal elements. These are the firearms subject to trading with
the syndicated crime groups particularly the YAKUZA of Japan.
We
believed that unless legislations be passed to address the local “paltik”
industry, proliferation of home made “paltik” guns will remain unabated and
will continue to destroy the tranquility and peace in our country. Control and
regulation of firearms therefore is a must.
The
proliferation of firearms in a particular state is a matter of serious concern
for any government. This becomes aggravated when local or foreign-made firearms
easily flow unhampered across state border, be it by land or sea.
The
states of this region must recognize the fact that criminal activities in the
modern times have grown to be high tech and transnational in nature.
While many countries in Southeast
Asia are not affected by the
proliferation of firearms in the
Philippines, there ought to be an exchange, nonetheless, of information on the
status and progress of its transactions or tradings out of the Philippine
border. This is imperative in order that other neighboring countries may be
able to develop proactive concepts on how to stop illicit trafficking of
firearms in their respective countries.
Currently, only the state of Japan
had shown signs of alarm over gunrunning activities in the region. In 1992, it
sponsored the "Liaison Conference among Related Government Offices on
Enforcement Measures Against Guns". It was intended to induce workable
measures by various countries to control the flow of guns across state borders.
In
1994, Japan again, through its Maritime Safety Agency, with
a grant-in-aid from the Ship and Ocean Foundation of Japan (Chmn: Ryoichi
Sasakawa) , sponsored the “International Experts Meeting on Law Enforcement
against Maritime Smuggling". Various countries, including the Philippines,
were represented in the meeting. Japan has been trying to pursue regional
cooperation against gunrunning activities because large quantities of firearms
and ammunition have been freely flowing into its shores through foreign ships
which re-load the items into Japanese boats.
Criminal organizations in Japan,
with special mention of "BORYOKUDAN" have been involved in many
crimes involving the use of illicit firearms from the Philippines.
In
1995, the Japanese Maritime Safety Agency representatives visited the
PNP Maritime Group and requested for a briefing on gunrunning activities that
the latter had monitored.
The PNP has not monitored transshipment
of locally made handguns to any country in the region, except Japan. Should the
Asia currency crisis die-down and economic progress resume with its impressive
rate, the possibility of gunrunning activities infecting other states in the
region is not farfetched. This is because along with progress, bloom topnotch
criminal minds.
V Recommendation
1.
All
importation/exportation of FA’s licenses should be noted and reported to the
Philippine Center on Transnational Crime (PCTC).
2.
The
passage of an Act to control local firearms manufacturing by cooperatives,
private corporations and individuals mandating their registration with the
Firearms and Explosive Division, PNP.
3.
More
synergy from the law enforcement agencies concentrating on illicit firearms
trafficking through the active participation of NALECC members.
4.
Intensified
regional/international cooperation and coordination through the establishment
of the ASEAN Center on Transnational Crime (ACOT).