GENDER AND SALW IN SOUTH EAST EUROPE

GENDER AND SALW IN SOUTH EAST EUROPE MAIN CONCERNS AND POLICY RESPONSE The South Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC) has a mandate from the United Nations Development Programme and the Regional Cooperation Council to support all international and national stakeholders by strengthening national and regional capacity to control and reduce the proliferation and misuse of small arms and light weapons, and thus contribute to enhanced stability, security and development in South Eastern and Eastern Europe. SEESAC is implementing the EU COUNCIL DECISION 2013/730/CFSP, in support of SEESAC Disarmament and Arms Control Activities in South East Europe. The production of this report was generously supported by the European Union through the aforementioned Council Decision.

For further information, contact: SEESAC Coordinator

Bulevar Zorana Đinđića 64, 11070 Belgrade / SERBIA E-mail:Telephone: [email protected] +381 (11) 4155 300 www.seesac.orgFax: +381 (11) 4155 499

© SEESAC 2016 – All rights reserved necessarily represent those of the United Nations Development Programme, the Regional Cooperation Council, or the EuropeanThis report Union. was written The designations by Dragan employedBožanić. The and views the presentation expressed in of this material document in this are publication those of the do author not imply and thedo not expression of the United Nations Development Programme, the Regional Cooperation Council, or the European Union concerning 1) the legal status of any country, territory or area, or of its authorities or armed groups; or 2) the delineation of its frontiers or boundaries.

Acknowledgements

We are grateful to the following individuals for their thoughtful reviews and comments on drafts of this report: Professor Erica Bowen, PhD, AFBPsS Chartered Psychologist and Registered Forensic Psychologist, Professor of Prevention of Violence and Abuse National Centre for the Study and Prevention of Violence and Abuse, University of Worcester

Autonomous Women’s Center Vanja Macanović, Attorney at Law Biljana Nastovska Gender Specialist - UNDP FYR Macedonia

Dungel,The report Luke also Bacigalupo benefited and from Francesco inputs and Buscemi. comments from the following members of the SEESAC team: Dr. Ivan TheZveržhanovski; report was Bojanacopy edited Balon; by Danijela Christine Đurović; Prickett. Juliana Buzi; Slobodan Bošković; Alain E. Lapon; Violeta Gaši, Emilia Abbreviations

AI - Amnesty International CGA - Coalition for Gun Control CHD - Centre for Humanitarian Dialogue

GDDV –- GenevaDomestic Declaration Violence on Armed Violence and Development EU – European Union IANSA - International Action Network on Small Arms GBV – Gender Based violence

IPUIP – -Intimate Inter-Parliamentary Partner Union ISACSIPV – Intimate - International Partner Small Violence Arms Control Standards Ministry of Interior - MoI SALW - Small Arms and Light Weapons

SEE - South East Europe SAS – Small Arms Survey Light Weapons SEESAC – South Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and - vancementOI – Oxfam Internationalof Women OSAGI - The Office of the Special Adviser to the Secretary-General on Gender Issues and Ad

UN – United Nations UN CASA – United Nations Coordinated Action on Small Arms UNDP – United Nations Development Programme UNUNODA Women - United - United Nations Nations Office Entity of Disarmament for Gender Equality Affairs and the Empowerment of Women UNODC - United Nations Office on Drugs and Crime

WHO – World Health Organization 4 CONTENTS

CONTENTS

1 Introduction 9

1.1 About this Study 9

1.1.1 Purpose 9

1.1.21.1.3 ScopeObjectives 109

1.1.4 Methodology 10

1.1.5 Challenges and Limits 10

1.2 Definitions1.1.6 Structure 11

2 Gender and SALW - Main Policy Concerns 13

2.1 Recognizing the Linkages between Gender and SALW 13

2.2 Main Policy Concerns 14

2.2.1 Gender and Effects of Small Arms 14

2.2.22.2.3 DifferentiatedDomestic Violence Effects of SALW on Women and Men in SEE: Major Trends 1522

2.2.4 Gender and Demands for Small Arms – Masculinity & Culture 30

2.2.5 Gender and Attitudes towards Small Arms and Regulation 35

3 Pol2.2.6icy R eGenderspons eand – Docu Politicalment Processes Revie w 3836

3.1 SALW Control Strategies and Main Gender Policy Concerns 38

3.1.1 Commitment to Gender Equality 39

3.1.2 Gender Disaggregated Data and Gender Observations 40

3.1.3 Setting the Agenda – Gender in Goals and Objectives 40

3.1.4 Action Plans: Translating Commitments into Activities 41 CONTENTS 5

3.1.5 Which Gender Concerns Are Being Addressed? 42

3.1.6 Tracking the Changes – Monitoring and Evaluation 44

3.2 S3.1.7ALW LegislativeThe Challenges Framework: of Gender T Responsivehe Relevance Evidence for Combating Based Policy Domestic Making V iolence 4745

3.2.1 Domestic Violence as a Factor in Restricting Authorization of Firearm License 47

3.2.2 Domestic Violence and Revocation of Firearms 48

3.2.3 Laws against Domestic Violence and SALW 49

3.2.4 Challenges to Policy Interventions 51

3.3 Gender3.2.5 Good Equality Practices: Legislative Australia and and Strategic Canada Framework in SEE and SALW Control 5453

4 Overview of Key Findings 56

4.1.1 Main Gender Concerns Related to SALW in SEE 56

5 Reco4.1.2mm enLegislativedations and Policy Response in SEE 5856

5.1.1 Data Collection 58

5.1.2 Capacity Building and Fostering an Enabling Environment 59

5.1.3 Research and Knowledge Management 59

6 Annexe5.1.4 s Policy Response to Main Concerns 6160

6.1 Annex 1: List of Reviewed Documents 61

6.2 Annex 2: List of Interviewees 62

6.3 Annex 3: References 63

6.4 Annex 4: Questionnaire 67

6.5 Annex 5: List of Figures, Tables and Boxes 70

FOREWORD 7

FOREWORD

The large scale and uncontrolled proliferation of small arms of women. Women seldom own a gun, hardly ever use it and, unlike men, they are much more often victims than perpetrators. This is particularly staggering in the context and instabilitylight weapons and (SALW)negatively has affecting been widely social recognized and economic as of domestic violence. Most of the gun violence against development.presenting a serious This has threat been to particularly citizen security, true in fuelling South crimeEast women is committed by current or former partners and the Europe (SEE). of the lethal outcome. Consequently, women are more likely Since 2002, through the South Eastern and Eastern Europe presence of a firearm dramatically increases the likelihood Clearinghouse for the Control of Small Arms and Light their families’ security. Weapons (SEESAC), UNDP has been supporting efforts to to see the presence of firearms as a threat to their own and counter this threat by developing legislative and policy It is striking how policies regulating SALW control are still frameworks and the establishment and capacitation of silent about these linkages and fail to acknowledge that institutional mechanisms. Our policy support work in some security concerns affect women and men in different particular has become increasingly sophisticated in line ways. The present report shows that the gender perspective with the needs of stakeholders in the region. legislative and policy frameworks regulating SALW control is neither recognized nor adequately addressed by integration of the gender perspective is lagging behind andWhile has significant still not become progress an has integral been partachieved, of strategies the -in hindering SEE, making the theseachievement efforts lessof Sustainable efficient in Development providing employed to address the causes and consequences of security for all citizens, whether women, men, girls or boys SALW proliferation. Despite numerous commitments strong institutions). at the global and national level, this challenge has only Goals 5 (on gender equality) and 16 (on peace, justice and been marginally tackled in the ongoing SALW control efforts. Still, if our gender glasses are on, then it is hard to will initiate further discussion. If societies are to respond imagine an issue more gendered than the use and misuse effectivelyI sincerely tohope the that complex the findings security presented issues they in arethis facing, report of SALW. Therefore, I hope this report and its accompanying toolkit In SEE, as elsewhere, men are the overwhelming majority willpolicies mark in a this change field of must approach not remain and lead gender to the blind. integration of gender in SALW control policies. them. They account for the majority of both perpetrators of those who possess firearms, who use and, often, misuse victims, they are most often murdered by other men. But SALWand victims also has of firearmadverse related effects incidents.on the security When and they wellbeing are

Assistant Administrator and Director RegionalCihan Sultanoğlu Bureau for Europe and the CIS United Nations Development Programme

INTRODUCTION 9

1 INTRODUCTION

As a part of its holistic and integrated approach to SALW control and security sector reform, SEESAC has initiated the development of this gender and SALW Study with the long-term aim to increase gender responsiveness of SALW Control policies in SEE. The Study and its accompanying tool have been developed within the framework on the EU Council Decision 2013/730/CFSP. They are the product of the realization that practical efforts which seek to deliver benefits to all citizens whether women, men, girls or boys equally are rendered ineffective without fully taking into account the gender equality perspective.

The Study shows that the gender perspective is not sufficiently identified and consequently not adequately dealt with in legislative and policy frameworks regulating SALW control in SEE. These policies are mostly gender blind and therefore most SALW Control measures do not take into consideration the different security needs and concerns of women, men, girls and boys. This hinders the success of measures undertaken to ensure the security of all citizens.

The Study sheds a light on the multilayered linkages between gender and SALW, outlining different ways in which gender shapes SALW related risks, behaviours and practices and underlining the necessity for the integration of the gender perspective into SALW legislative and policy frameworks. The accompanying tool attempts to translate the generated evidence based recommendations into practical and context specific gender responsive measures. These should significantly aid policy makers in ensuring that all SALW related interventions are gender mainstreamed.

1.1 ABOUT THIS STUDY for the initiation of a dialogue among policy makers on the roleBeyond of dominant that, the findingsgendered of social this study norms should and practices serve as basisand

1.1.1 Purpose regard to SALW. the specific risks women, men, boys and girls face with The purpose of this study is to contribute to increased gender responsiveness of policies regulating SALW control 1.1.2 Objectives policies in South East Europe (SEE).

The study seeks to increase awareness about the linkages The objectives of the study are: between gender and small arms in SEE. It is mainly intended for key stakeholders, as well as the wider expert 1. To map gender concerns related to SALW in general, with particular focus on SEE (Chapter 2), 2. To assess if and to what degree the gender apublic, practical and tool identifies intended the tomain support trends informed and gaps and in policyevidence- perspective is integrated into SALW policies in SEE basedresponse. gender By buildingsensitive on policy these development, findings, the andstudy in proposesdoing so (legislative and strategic frameworks), as well as to to contribute to the capacity development of SALW policy assess whether SALW issues are addressed in gender makers in the SEE region and the overall effectiveness of equality policies and policies against gender-based SALW policies. violence (Chapter 3), 10 INTRODUCTION

3. To identify best practices in policy making which Document review: incorporate gender issues into SALW control, as strategies and action plans in SEE were reviewed to well as to map enabling factors conducive to these • determine whether andLaws to on what firearms degree and the SALW gender control perspective is integrated into SALW legislative and policy frameworks. Additionally, the review of gender practicalinitiatives tool (Chapters for integrating 3 and 4), the gender perspective equality legislation and strategies and policy documents 4. intoTo provide the SALW evidence-based legislative and recommendations strategic frameworks and a addressing gender-based violence was undertaken to assess whether SALW issues have been addressed (Annex 2). Having(Chapter said this, 5). the study does not intend to analyse the actual implementation of legislative and policy SALW control Semi-structured interviews with members of SALW frameworks in the SEE region or to evaluate impact or effects commissions, representatives of state institutions and that can be attributed to these policy interventions in the • region. When references to implementation are made, this protection from domestic violence and gender based is mostly done with the intention to map some conceptual violencerepresentatives (Annex of 1). women’s organizations dealing with challenges in policy solutions. A questionnaire developed in consultation with representatives of the SALW Commissions in order to 1.1.3 Scope • detect and document gender patterns and trends related to SALW issues. The questionnaire has sought to obtain regionally comparable data on the most important gender Analytical scope -The Study comprises two parts: aspects of SALW such as gender disaggregated data on a) Analysis of available statistical data on the various linkages between gender and SALW; and perpetrators and victims of firearm-related incidents, b) Reviews of laws on firearms, strategies and action collectionfirearm owners, campaigns, victims representation of domestic violence of women committed and men plans on SALW control, laws, strategies, and amongwith firearms, members persons of SALW who commissions handed in SALW and restrictions during action plans on gender equality, laws, strategies, in licensing procedures due to domestic violence. An and action plans for combating violence against attempt was also made to capture the age characteristics women, as well as domestic and gender-based violence. and gain insight into the way gender intersects with age of victims and perpetrators of firearm-related incidents Geographical scope is determined by SEESAC’s area of (Annex 4). Moldova,activities Montenegro,on SALW control the Republicin the 2013-2016 of Serbia, period and the and 1.1.5 Challenges and Limits formerencompasses: Yugoslav Albania, Republic Bosnia of Macedonia. and Herzegovina, In the second Kosovo*, chapter references are also made to countries outside The main methodological challenge stems from the lack the SEE region, but this is done primarily with the aim to of gender-disaggregated data in the SEE region and the detect wider trends and enable comparisons. absence of a uniform approach to data collection. The practice of data collection is generally underdeveloped, but

availability and quality of data. This consequently creates 1.1.4 Methodology it also varies significantly across the region, as does the A wide choice of methods was employed, with the most certaindifficulties acute in problemsdetecting andsuch documenting as femicide and gender domestic patterns appropriate tools selected for different components of the violence,and trends while in the often region. very Insufficient basic data ondata gender is provided structure for study. Methods included: perpetrators and victims of armed violence is missing. In certain cases, legislation on personal data protection Literature review: A broad review of relevant and recent literature and international, regional, and • due to legal restrictions certain information such as the defines gender as particularly sensitive information and to gender and SALW (Annex 3). context specific reports and research on issues related number of women and men requesting the authorization of firearm licenses are not available.

* References to Kosovo shall be understood to be in the context of Security Council Resolution 1244 (1999). INTRODUCTION 11

In order to partially overcome obstacles related to the scarce purpose, objectives, audience and the scope of its content. gender-differentiated statistics available, the questionnaire mentioned above was designed as an attempt to link data collection with the main policy concerns outlined in the section focusThe key of themethodological second chapter tools is appliedthe main are policy briefly concerns presented below. It also provides insight into limits and gaps in existing withand the regard challenges to gender in data and collectionSALW. This are chapter flagged. reviews The a broad array of existing research on the gender aspect of faced if efforts to advance evidence-based policy making are to small arms and armed violence in SEE. The third chapter administrative practices on data collection and reveals difficulties commissions1, it should be taken into consideration that for many legislative and strategic SALW control frameworks in SEE. be undertaken. Despite good responses from beneficiary SALW Goodsummarizes practices the developed main findings in other of the countries gender analysisand territories of have been collected in such a manner, and numerous challenges are also considered. Finally, the last chapter presents haveof them been this encountered was the first during time that this gender process: disaggregated from gender data insensitive databases hindering data collection to the necessity to recommendations based on the key findings of the Study.

Besidemanually the extract questionnaire, data, which a presentedvariety of a other significant sources workload. have 1.2 Definitions

UNODC, WHO, Small Arms Survey (SAS), Geneva Declaration onbeen Armed utilized, Violence such asand the Development reports and databases(GD), Women of SEESAC, Against Gender, Gender Regime, Gender Roles Violence Network etc. For the analysis of SALW-related In this Study, gender is understood as an overriding principle which fundamentally structures women’s and men’s lives. It includes the set of practices that form a easy-referencelaws and firearms guide in SEE,for SALW the SEESAC legislation Regional in the Arms region Law and is dominant pattern sometimes referred to as availableCompendium in Albanian, was utilized. BCMS The2, English Compendium and Romanian. serves as an gender regime, `which positions women and men in certain relations so that their group characteristics, but individual lives as well, However, due to the limited availability of data, this study does not attempt to provide a comprehensive overview p. 33). Gender regimes are relatively structured relations for each country and territory in SEE, nor has that been its betweenmay be understood women and through men that this take pattern´ form in(Blagojević, gender roles 2013, purpose. It rather attempts to initiate further discussion on and gender identities and are socially, culturally and the necessity to improve and advance current administrative historically conditioned (Ibid., p. 33-37). data collection practices, both in terms of the scope and availability of data. gender roles - and behaviours which, in one society, are understood as appropriateGender refers for to women, the social men, roles girls – and boys, and the additional research and analyses need to be undertaken, expectation that they will all conform to gender-related particularlyFor a more thorough when it comes insight to into the context-specificcomplex interplay situations, of dominant norms. Gender is therefore about social differences (not gender regimes, recent historical events, the socio-economic biological differences hereinafter referred to as sex) and political situation, and current SALW practices. Therefore, between women and men. Being socially conditioned, they are changeable over time. Gender does not refer the Study reiterates an urgency already flagged in both only to women, but to both women and men, girls and boys, and the relationship between them. Gender moreacademic `gender-related and policy research research (Cukier, is needed 2009; to inform Schroeder, effective Farr and Schnabel, 2005; Alvazzi del Frate, 2011; Carapic, 2014) that determines what is expected from, allowed to and valued in women and men in a given context. It also determines policies to reduce gun violence´ (Dönges and Karp, 2014, p. 4). activities undertaken between women and men, access to and control and power over resources, as well as 1.1.6 Structure decision-making opportunities (OSAGI, 2001). In the context of this Study, the focus is on the role gender plays in shaping SALW related behaviour and practices as well chapter provides basic information about the study: its This Study is structured around four chapters. The first gender specific risks with regard to SALW.

1 notNote: responsible At the time for of thethe accuracyfinalization of information.of this Study, data had been submitted by the Ministry of Interior Albania and the SALW Commissions of Bosnia and 2 AbbreviationHerzegovina, BCMSKosovo, refers Montenegro to the Bosnian, and the Croatian, former Yugoslav Montenegrin Republic and ofSerbian Macedonia. languages. Respective data is hereinafter referred to as SEESAC Database. SEESAC Is 12 INTRODUCTION

Terms gender mainstreaming and integration of gender ´. perspective are used interchangeably in this Study and are Within the context of this Study the focus is on femicide understood as `the process of assessing the implications definitionsin the narrower include meaning any killings of intimate of women partner or girls femicide (WHO) as for women and men of any planned action, including the murder of a woman by a current or a former partner. legislation, policies or programmes, in all areas and at Female homicide is used to refer to all cases of homicides all levels. It is a strategy for making women’s as well as with female victims (For further discussion on the men’s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and operationalization and usage of these terms see Alvazzi del SmallFrate, 2011,arms p.and 116; light WHO, weapons 2012; Racovita,(SALW)3 2015,are hereafter p. 89). and inequality is not perpetuated. The ultimate goal is to understood in accordance with International Small Arms societal spheres so that women and men benefit equally, Small arms refer to `any man-portable lethal weapons designed for Vachieveiolence gender against equality´ Women (ECOSOC, and Domestic 1997, p. V iolence2). individualControl Standards use that (UNexpels CASA, or launches, 2016, p. 13, is designed 19). to expel or launch, or may be readily converted to expel or launch a In this Study violence against women and domestic violence shot, bullet or projectile by the action of an explosive´ (Ibid., are understood in accordance with the Council of Europe p. 13). Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter referred to For the purpose of this Study, the terms `firearms´ and as Istanbul Convention). Violence against women is `small arms´ are used interchangeably. understood as a `violation of human rights and a form of discrimination against women and shall mean all acts of A light weapon5 is `any man-portable lethal weapon gender-based violence that result in, or are likely to result designed for use by two or three persons serving as a crew in, physical, sexual, psychological or economic harm or (although some may be carried and used by a single person) suffering to women, including threats of such acts, coercion that expels or launches, is designed to expel or launch, or or arbitrary deprivation of liberty, whether occurring in may be readily converted to expel or launch a shot, bullet or public or in private life´. Domestic violence `means all acts of physical, sexual, psychological or economic violence that occurs within the family or domestic unit or between Aprojectile SALW C byommission the action (dependingof an explosive´ on the (Ibid., region p. 19). and former or current spouses or partners, whether or not the process also called National Focal Points/National SALW perpetrator shares or has shared the same residence with Coordination Committees/Councils/Coordination Agencies) the victim´ (2011, p. 3). is `a national inter-agency body that is responsible for policy development, coordination, implementation, and `Femicide is generally understood to involve intentional monitoring of efforts to address all SALW related issues murder of women because they are women, but broader within a national territory´ (UNDP, 2008a, p. 2).

parts, components and ammunition. 3 NOTE 12 Includes,Excludes antiqueinter alia, small revolvers arms and theirself-loading replicas. pistols, rifles and carbines, sub-machine guns, assault rifles and light machine guns, as well as their

4 calibreNOTE 1 of includes, less than inter 100 alia, millimetres, `heavy machine as well asguns, their hand-held parts, components under-barrel and and ammunition. mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns’,NOTE recoilless2 Excludes rifles, antique portable light weaponslaunchers and of anti- their tank replicas. missile and rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a Gender and SALW - Main Policy Concerns 13

2 Gender and SALW - Main Policy Concerns

have been undertaken to critically analyse the gender aspect 2.1 Recognizing the Linkages of multilateral resolutions, treaties, and commitments on between Gender and conventional weapons and women’s rights and participation

SALW to explore the responsiveness of the SALW legislation to domestic(Farr, 2002; violence Bastick within and Valasek, a particular 2014; geographic Acheson, 2015) context or The growing body of literature and available gender- been initiated to at least partially overcome a lack of gender the increased recognition of linkages between gender disaggregated(Krkeljić, 2007; data Dokmanović, through the 2007). establishment In SEE, attempts of a database have anddisaggregated SALW. As noted, data have the sheersignificantly degree contributed of discrepancy to in statistics suggests ‘that gender differences in sociocultural environments are needed to explain sex differences in and a gender aware analysis of media reporting on firearm therelated tracking violence of emerging (SEESAC, practices 2015; SEESAC, relating 2016; to results SEESAC, of response, it has been argued that the differentiated impact 2016a). In terms of policy outcomes, recent reports enable ofgun SALW violence´ on women (Mankowski, and men 2013, calls p. for 14). the In consistent terms of policy integration of gender concerns into SALW legislative specific programmes in reducing firearm-related violence and policy frameworks (SEESAC, 2007a), and that it is Theseamong acknowledgements young men (Abt and have Winship, gained 2016). increased critical necessary to explore gender differences in order to develop attention both in terms of the need for research to further adequate strategies to counter the misuse and proliferation facilitate the understanding of the subject and the need to articulate the demand for practical attempts to prevent or remedy the destructive consequences that gun-related of SALW (Cukier and Cairns, 2009, p. 19). Whether with the aim of increasing understanding or violence has on society, women and men, boys and girls. informing the policy making process, continuous efforts However, despite emerging practices, as well as recent have been taken by as diverse stakeholders as academia, ground-breaking developments such as the adoption of researchers, gender practitioners, women’s NGOs and the Arms Trade Treaty, which urges governments to take into account the risks of gender-based violence when ways in which gender and SALW practices intersect. In exporting arms, all the generated knowledge has still not thisinternational regard, researchers organizations explored to shed the light complex on the interplay different between gender and small arms proliferation, regulation Thesehad sufficient developments impact haveon policies. nevertheless given a new urgency to the issue and have provided numerous insights and misuse (Farr and Gebre-Wold, 2002; Cukier, Kooistra numerous attempts to explain the multi-layered effects into different aspects of SALW control, which consequently and Anto, 2002; Cukier and Cairns, 2009). Also, there are of SALW proliferation with a strong focus on violence urge for gender concerns to be carefully considered when solutions are designed. These diverse aspects can be particularly links between SALW presence and domestic against women in conflict and non-conflict settings, and play an important role in shaping and understanding SALW grouped into five main concerns where gender aspects Researchviolence (AI, has IANSA, been initiated OI, 2005; in Alvazziorder to del capture Frate, factors2011; Shaw, 2013; Dziewanski, LeBrun, and Racovita, 2014). which shape men’s SALW related behaviour and practices, practices1. Gender (Cukier and and effects Cairns, of small2009): arms, with special attention given to young men due to their 2. Domestic violence (and regulation of civilian high representation both among perpetrators and victims possession), 3. Gender and demands for small arms, underlying societal, cultural and ideological conditioning of of armed violence. In doing so, the specific risks and these issues have been investigated (Bevan and Florquin, regulation, 4. Gender and attitudes toward small arms and

2006; Page, 2009; Mankowski 2013). Furthermore, efforts 5. Gender and political processes. 14 Gender and SALW - Main Policy Concerns

dominate among both perpetrators and victims, but they available,By building is onpresented this classification, in order to inestablish the next a sectioncloser link these accountwomen andfor amen higher (UNODC, percentage 2013; of Racovita, persons 2015). convicted Men of andfive aspectsdepict the are context briefly andoutlined policy and, challenges relevant in data, SEE. when

all intentional homicide (95 per cent) than victims (79 per cent). The male homicide rate (9.7 per 100,000) is 2.2 Main Policy Concerns rateapproximately (2.7 per 100,000) 1.5 times (Ibid., that 2013,of the p.global 13, 21). average (6.2 per 100,000) and 3.6 times that of the female homicide 2.2.1 Gender and Effects of Small Arms

The available data on homicide worldwide indicates a homicide and the differentiation of security concerns of sharp polarization in terms of the gender patterns of

Source: UNODC Global Study on Homicide, 2013 Gender and SALW - Main Policy Concerns 15

Women, on the contrary, are more likely to be victims of homicide (21 per cent) than convicted of homicide between the availability of guns and female homicide ratessmall thanarms´ male (Farr homicide 2006, p. rates 17) and has a been stronger documented correlation the Global Burden of Armed Violence estimates that (Hemenway and Miller, 2000). From a policy (5 per cent) (Ibid., 2013, p. 13). Data provided in this discrepancy makes a strong case for `positioning women accounted for 16 per cent (in total numbers thisperspective, debate in as the early context as in ofthe human 1990s rights it was and noted equity´ that approximately 60,000) of homicide victims in 2012 (Cukier). Although(Racovita, homicide 2015, p. 90). rates vary drastically in different regions, the male to female ratio remains rather The misuse of SALW is not only restricted to fatal constant regardless of the country or territory. The events, since it is frequently used as a tool to inflict rates in Europe are significantly lower than the global psychological violence, emotional harm, intimidation, averages, but the share of women in Europe is higher rape, sexual abuse, coercion and other forms of violence both among convicted perpetrators and victims of which can have severe consequences on victims, but (UNODC, 2013, p. 13). which(IPU, CHD, are usually 2007; Alvazzi both under-reported del Frate, 2011; and Shaw, under- 2013), homicides – 8 per cent and 28 per cent respectively researched. Most often these forms of violence primarily With respect to firearms, estimates about share of happen in the private, i.e. domestic sphere (Shaw, 2013),

institutions. firearms as a homicide mechanism range from 40 and are tolerated or go unrecognized by competent mostper cent prevalent (Ibid., 2013,weapon p. 15)when to homicide48 per cent is committed(WHO, 2.2.2 Differentiated Effects of SALW UNODC, UNDP, 2014) globally, which make them the on Women and Men in SEE: Major committed by firearms closely follow patterns of homicide(UNODC, 2013,in general. p. 15). Men The account gender forpatterns the overwhelming of homicide Trends majority of victims in accidents involving firearms with With regard to the methods used to commit homicide in the SEE estimates going as high as 90 per cent at the global the region.5 As shown in Figure 2, in Montenegro (70 , the use of firearms varies greatly across inlevel mind (IPU, that CHD, women 2007, are p. `far81) lessand represented76 per cent in among Europe the(Duquet buyers, and owners, Van Alstein, or users 2015, of suchp. 27). weapons, However, they bearing are outnumber all other methods combined together, while per cent) and Albania (66 per cent), firearms far disproportionately affected by the consequences of in Serbia firearms are the weapon of choice (42 per

5 Data for Kosovo were not available. 16 Gender and SALW - Main Policy Concerns

mechanism are less stark than in Montenegro, Albania cent) more often than sharp forces (29 per cent) and cent), discrepancies among the use of firearms and other andother the mechanisms former Yugoslav (30 per Republic cent). Although of Macedonia firearms (38 areper (8 per cent) in comparison to other mechanisms. widely used in Bosnia and Herzegovina (30 per cent) and Serbia. Only in Moldova, are firearms used very rarely

Source: WHO, UNODC, UNDP: Global Status Report on Violence Prevention, 2014 Gender patterns of intentional homicide victims in SEE majority regardless of the country or territory. However, significantly, ranging from approximately two thirds theirreplicate share global among patterns the overall – men number by far compriseof victims the varies Macedonia).(Bosnia and Herzegovina, Serbia,) to around nine out of ten (Albania, Kosovo, the former Yugoslav Republic of Gender and SALW - Main Policy Concerns 17

Source: UNODC, Global Study on Homicide,

2013, Data for Kosovo: SEESAC Database, 2016. Consequently, the share of women among the total

distribution.Herzegovina and 35.1 per cent in Serbia), highlighting number of homicide victims varies significantly in the the need for additional context-specific research of such region (from 7.3 in Kosovo to 34.1 per cent in Bosnia and TABLE 1: Intentional homicide victims, by sex

2015 2014 2013 2012 2011 Women Men Women Men Women Men Women Men Women Men Albania 13 20 131 18

Kosovo 141 54 1 10423 1 10428 26 28 2 12420 Montenegro 11 14 7 27 12 33 4 8 FYR Macedonia 40 10 23 7 1114 1824 2829 5 19 15 4

Source: SEESAC Database, 2016 18 Gender and SALW - Main Policy Concerns

As observed, the level of intentional homicide in the SEE which rank at the bottom of the scale with a very low 6 rate (<1) while Albania exhibits a low rate (1-3). Moldova stands out as being the only of those under review with thandropped the globalsignificantly, average, starting but still in above 1995 withWestern the cessationEurope of a medium rate, which is approximately four times the violent conflicts, and homicide rates are significantly lower European rate. However, from a policy perspective there which has a homicide rate slightly above the global average, is a marked tendency that in countries and territories butrates very (Carapic, high in 2014, comparison p. 1). The to onlythe rates exception in the is region. Moldova with low levels of female homicides the majority of homicides are interpersonal homicides perpetrated by an When female homicide rates (per 100,000 population) intimate partner, which requires adequate institutional are considered, Figure 4 shows comparatively low rates response and employment of specific strategies targeting for Bosnia and Herzegovina, Montenegro, and Serbia, this problem (Racovita, 2015, p. 88).

Source: The Global Burden of Armed Violence – Everybody Counts, 2015

https://www.unodc.org/documents/data-and-analysis/IHS%20methodology.pdf 6 Intentional homicide is defined as unlawful death purposefully inflicted on a person by another person (UNODC). For further explanation, please see: Gender and SALW - Main Policy Concerns 19

Data collected by the SALW commissions and relevant recorded incidents were committed by men. In contrast, institutions in SEE clearly evidence that the vast firearm related incidents are extremely rarely (2 per majority of firearm related incidents7 are committed

cent in Albania and Bosnia and Herzegovina, 3 per cent by men – 97 per cent in Bosnia and Herzegovina and in Kosovo), if ever (no cases reported in Montenegro), Kosovo, 98 per cent in Albania, while in Montenegro all committed by women (Figure 5).

Source: SEESAC Database, 2016. Note: Data for Bosnia and Herzegovina, Kosovo and Montenegro are provided for the period 2011-2015 and for Albania for 2015.

7 Within the context of this study, firearm-related Incidents encompass: murder, aggravated murder, attempted murder, suicide, attempted suicide, causing general danger, gunfire in public, unauthorized ownership, control or possession of weapons, use of weapons or dangerous instruments, domestic violence. 20 Gender and SALW - Main Policy Concerns

These trends are very stable over time, irrespective of the country or territory, as shown in Table 1.

Table 1a: Perpetrators of firearm-related incidents, by sex

2015 2014 2013 2012 2011 Women Men Women Men Women Men Women Men Women Men Bosnia and Herzegovina 18 817 7 730 11

Kosovo 21 21 1127716 3219 2866 1210956 27 1078875 Montenegro 0 387749 0 0 1263 0 0 473 406 342 404

Source: SEESAC Database, 2016 Table 2: Victims of firearm-related incidents, by sex

2015 2014 2013 2012 2011 Women Men Women Men Women Men Women Men Women Men Albania 8 38 No data available

Bosnia and Herzegovina 8 37 5 3265 37 12 3 13 Kosovo 1 11 16 17 15 / 26/ 2 / Montenegro 1 11 2 10 0 25 0 10 2 FYR Macedonia 2 8 13 3 106 12 2 16 15 4 19

Source: SEESAC Database, 2016 In terms of gender differentiation of victims, trends exhibit the same level of constancy (Table 2) but also disproportionately represented among victims in similarity with prevailing trends elsewhere, as shown comparisonof victims of tofirearm-related their share among incidents, perpetrators women arewith particularly high shares in the former Yugoslav Republic evident. Although men account for the vast majority in Figure 6. However, differences within the region are of Macedonia and Bosnia and Herzegovina. Gender and SALW - Main Policy Concerns 21

Source: SEESAC Database, 2016. Note: Data for Albania are given for 2014-2015, Kosovo 2013-2015, while for Bosnia and Herzegovina, Montenegro and the former Yugoslav Republic of Macedonia for 2011-2015.

case of Serbia where death was the most common outcome additional evidence of the differentiated effects of SALW onStudies women conducted and men. in A Serbia, media Albania analysis and carried Kosovo out provide in Serbia involving women, while in the case of men, injury is the for women, accounting for 44 per cent of firearm incidents casualties.showed that On men the committedother hand, as women much asaccounted 97 per cent for onlyof 3 men.most Incommon Albania, with `injury 54 per is the cent, most which common is followed outcome by for perincidents cent of involving perpetrators firearms but madeand comprised up 17 per 83 cent per of cent victims of death as the outcome in 34 per cent of incidents involving known incidents´, while `death is the second most common pattern applies across the region. both women (38 per cent) and men (39.9 per cent) of all (SEESAC, 2015, p. 13, 17) which confirms that the same cent for females. Incidents in which the victims were The analysis also sheds light on gender-related differences outcome, shown at 26.1 per cent for males and 29.6 per is involved. These differences are particularly stark in the threatened with a firearm are the third most prevalent, at in the outcome of incidents in which the use of firearms 19.7 per cent of incidents for males and 25.9 per cent for females´ (SEESAC, 2016, p. 24). 22 Gender and SALW - Main Policy Concerns

FIGURE 7: Share of firearm-related homicides in total homicides, by sex

Source: SEESAC Database, 2016.

Firearm-related homicides are more frequent among men, but also account for around one half of female homicides as shown in Figure 7. Figuresecond. 7. (Racovita, The high 2015, share p. of 104). women More murdered recent data by collected small armsby SEESAC reflects confirm the high the stability lethality of of the firearms trend presented and makes in a In contrast to low, or relatively moderate female homicide strong case for their control, particularly in the context of rates overall in SEE, there is a high average percentage of domestic violence. the region. According to the Geneva Declaration Secretariat 2.2.3 Domestic Violence female homicides committed with firearms in some parts of available for the period 2007 - 2012, in SEE, the former Extensive available data disclose highly gendered and YugoslavDatabase Republicfor 48 countries of Macedonia for which comes reliable on top data and were is ranked differentiated patterns of the violence women and men are exposed to. Based on premeditation, the motivation context, twelfth among those in the Database, with more than 40 Republic of Serbia follows, taking the seventeenth position, Homicide whileper cent Moldova of female ranks homicides at the bottom committed of the with list at firearms. forty- The instrumentality, and perpetrator – victim relationship, UNODC classifies all homicide cases into: 1. Gender and SALW - Main Policy Concerns 23

related to other criminal activities (where the main assaults involving a gun are 12 times more likely to result in 2. Interpersonal homicide (perpetrated by intimate deathif the abuser than those owns involving a firearm´ other while weapons `domestic or bodilyviolence force´ partner/familyaim is to generate member, illicit profit without or otherany secondary related reasons); goal but as (Law Centre to Prevent Gun Violence). through violence); and 3. Socio-political homicide (where As a result, it has been argued that, within the wider social homicidea means of is resolving committed a conflict in order and/or to pursue punishing certain the social victim or context of existing gender inequalities, SALW `increases political goals, related to social prejudice, political agendas, power imbalances and reinforces social hierarchies which

which consequently takes its most radical expression in the Givenor other the socio-political available statistics, agendas) homicides (UNODC, related 2013, to p. criminal 39-49). contextgive men of dominance domestic and over intimate women´ partner (Farr, 2006, violence, p. 111) and – its activities or those linked to socio-political agendas affect men to a far greater extent than women, while on the other hand, interpersonal homicide disproportionately affects Severalmost fatal factors outcome increase – intimate the likelihood partner offemicide. a fatal outcome in women. Within this differentiated patterns, women are domestic violence and sexual violence (Cukier, 2002, p. 28). intimate partner violence when firearms are involved (AI, Ittargets is estimated of specific that types of all of `women gender-based who were violence the victims such asof IANSA, OI, 2005, p .13): killed by intimate partners or family members, compared · severity of wounds caused by gunshot, tohomicide less than globally six per in cent 2012, of menalmost killed half in (47 the per same cent) year were · outsiderswomen’s reduced to intervene capacity and assistfor resistance, them, · reduced chances for women to escape or for misuse(UNODC, by 2013, their P.14).non-intimate Consequently, male acquaintances this means that (or while even · 2003).increased chances that an abuser will actually use personsthe majority they of may men not are know), more womenoften at arerisk more of firearms at risk in firearms in domestic violence cases (Campbell, a domestic context by their intimate partners (Ibid., p. Firearms also play a role when sexual and other forms of prevalence of gun violence strongly depends not only on the sex28-29). of the In offenderthis regard but it also is also on importantthe offender’s to note relationship that `the to gender-based violence are committed, both in conflict and isnon-conflict associated settings. with psychological Furthermore, violence as mentioned against women above, theby theirpresence partners, of firearms which can can result take different in injuring forms and (threatening, maiming and Athe number victim ofand studies the location provide of evidence violence´ that (Sorenson, the presence 2006). of a intimidating, stalking etc.). gun increases the risk of a lethal outcome for women within Violence against women in a domestic context is Frate, 2011; Shaw, 2013). In the analysis conducted across widespread in SEE. In Albania, the overall prevalence the domestic context (SAS, 2013; Cukier, 2006; Alvazzi del rate of domestic violence against women (during life Hemenway and Miller document a clear correlation between 26 high income and 10 upper middle income nations, more available, there are more homicides´ (2000). In the USA, span) is 59.4 per cent, psychological violence being the firearm availability and homicide rates - `where guns are most frequent (58.2 per cent), and followed with physical experiencedviolence (23.7) at least(INSTAT, one 2013,form of p. violence 34). Almost from every the age of which has one of the highest rates of firearm ownership, 84 second woman in Bosnia and Herzegovina (47.2 per cent) average.per cent ofA studyall murdered carried outwomen in the were USA killed showed with that firearms while `having(AI, IANSA, a gun OI, in 2005, the home p. 11) increased which is overthe overall twice the risk global of Data15, most provided often bypsychological a survey conducted (41.9 per in cent) Serbia and in physical 2010 (24.3) (Babović, Ginić, Vuković, Karadinovic, 2013, p. 13) women in particular the risk was nearly tripled (an increase ofsomeone 272 per in cent) the household ´ (Ibid., p. 12). being According murdered to byother 41 perestimates, cent, for document the same trend – the overall prevalence of the presence of SALW increases the likelihood of a lethal violence against women is 54.2 per cent, 48.7 per cent Withpsychological regard to and policy 21.6 responses phyiscal. to the problem, only recently have authorities in the region started to address it outcome for women by five to twelve times, in comparison to systematically through the development of legislative and cases where firearms are not involved meaning that `abused women are five times more likely to be killed by their abuser 24 Gender and SALW - Main Policy Concerns

strategic frameworks to combat violence against women obstacle in the full understanding of the characteristics, its scope and prevalence, as well as institutional response, of Europe Convention on Preventing and Combating which altogether hampers the further development Violenceand more against recently Women the signing and Domestic and ratification Violence. of theDespite Council of policy solutions. Due to the recent efforts of SALW signs of growing awareness of domestic violence, different aspects of the problem are still under-researched, while domestic violence are being collected, revealing major underdeveloped recording practices present a serious commissions in SEE, some basic data on firearm and

trends and outlining gender specific risks. Table 3: Number of persons killed by their intimate partner, by sex

2015 2014 2013 2012 2011 Women Men Women Men Women Men Women Men Women Men Albania 2 No data available

Kosovo 91 0 0 0 1 1 0 0 2 0 Montenegro 3 0 0 1 1 2 0 1 0

FYR Macedonia 2 0 4 2 2 0 0 2 2 4 5

Source: SEESAC Database, 2016 As evident from the Figure 8, which show the share violence with a lethal outcome disproportionately of intimate partner homicide in total homicide for affects women and very seldom occurs among men, comprising only a minor share in the total number of the former Yugoslav Republic of Macedonia, domestic male homicides. women and men for Albania, Kosovo, Montenegro and Gender and SALW - Main Policy Concerns 25

FIGURE 8: Proportion of intimate partner homicide in total homicide, by sex

Source: SEESAC Database, 2016

As already observed, in instances of relatively low rates of both intentional homicide and female homicide, which is a common trait for most of the SEE region, the majority women41 percent were in murderedthe former within Yugoslav the Republicdomestic of context, Macedonia, which of female homicides in SEE are related to domestic, i.e. confirms44 per cent that in Kosovo, murder while by intimate in Montenegro partner all is murdered the most common form of homicide of women. Data for Albania

intimateintimate-partner, partner inviolence. the total Within share theof murdered five-year periodwomen was (2011-2015), the share of women murdered by their were available only for 2015, making it impossible to track trends, but it accounted for 64 per cent. 26 Gender and SALW - Main Policy Concerns

FIGURE 9: Proportion of intimate partner femicide committed by firearms in total number of intimate partner femicide

Source: SEESAC Database, 2016

the fatal outcome of domestic violence and the presence the domestic context, the share of women murdered by their In terms of the misuse of firearms, of all women murdered in Network in Serbia since 2010 cast light on these linkages. per cent in Montenegro, 73 per cent in the former Yugoslav of firearms. Data collected by the Women against Violence intimate partner with firearms is 33 per cent in Albania, 45 total number of women murdered in the context of domestic/ In 2015, this figure reached a peak – 45.7 per cent out of the domesticRepublic ofviolence. Macedonia and 75 per cent in Kosovo, which confirms the high lethality of firearms in the context of wereintimate-partner legal or illegal violence, possessions, were killed no informed by firearms. conclusion Since in couldmost casesbe drawn it was about not reported these linkages. whether However, the used due firearms to the source of information on intimate partner femicide, also provideReports informationby women’s thatorganizations, indicates clear which linkages are often between the only should be initiated to map this issue. widespread availability of illegal firearms, further research Gender and SALW - Main Policy Concerns 27

TABLE 4: Intimate partner femicide in Serbia

Number of women Number of women Share of women murdered in IP and DV contexts murdered with firearms murdered with firearms 2010 10

2011 26 12 38.6 2012 2932 11 41.4 2013 13 34.430.2 2014 4327 8 2015 29.6 35 16 45.7

Source: Women against Violence Network

Another study conducted in Serbia shows that the highest in the context of domestic violence, only after absolute number of deaths in the context of domestic hunting, and it was seven times higher than in the case violence (12) was higher than the absolute number of of incidents committed in a criminal context, which are deaths in a criminal context (11) and was higher than the most often reported in media (ibid., p. 23). This data

p .22). Furthermore, the probability that the outcome any other type of firearm-related incident (SEESAC, 2015, women.supports the findings mentioned above, that the presence of firearms disproportionately increases the risks for would be fatal if a firearm was involved was second 28 Gender and SALW - Main Policy Concerns

FIGURE 10: Frequency of fatal outcome according to the type of incident - Serbia

Source: SEESAC, 2015 Also, women were more often victims of firearm-re- - lated violence in private than in public settings (e.g. cations), while this is relatively rare in the case of street, park, road, forest, field, out of town), or in bars in the home or yard (63 per cent of all known micro-lo and restaurants, whereas men were considerably more frequently exposed to firearm-related violence in public men (23.6 per cent). On the contrary, men were most `armed violence against women most often took place likely to be victims (Ibid., p. 24). For instance, in Kosovo, spaces - streets or sidewalks (45.9 per cent, compared to 14.8 per cent for women) ´ (SEESAC, 2016a). Gender and SALW - Main Policy Concerns 29

As already mentioned, the misuse of SALW is not suggests there is a link between participation in war, only limited to female homicide and intimate partner the trauma caused by that and increased chances that psychological, physical, sexual, economic and other formsfemicide; of violence it is also and frequently to exert utilized overall tocontrol incite over violence will occur (Beara and Miljanović, 2007). women which have adverse effects on women's safety. Available data confirm the widespread misuse of Box 1 Mass Shootings, the NGO Medica, providing psychological support for Domestic Violence and womenSALW in survivors this regard. of maleAccording violence, to data in 23 for per Kosovo, cent of by Community Safety in p. 27). Every fifth female respondent in the research Serbia onthese domestic incidents, violence firearms in Montenegro were used (SEESAC, said that 2006,the perpetrator of the violence against them owned Based on media reporting, five out of six deadliest mass shootings that have occurred casesa firearm, the abuser while in actually 36.6 per used cent a firearmof incidents in the they attack in Serbia from the year 2000 onwards are were threatened with a firearm. In 28.4 per cent of the direct result of the misuse of firearms del(UNDP, Frate, 2012, 2011, p. p.67), 131). which supports the findings that in domestic violence or involved the killing `displaying firearms is a predictor of actual use´ (Alvazzi of a family member or former/current Findings from a study conducted in Serbia for the Autonomous Province of Vojvodina indicate the partner. In each of these five shootings, the relatively low correlation between threats made perpetrator was a man and a total of forty with firearms and actual assaults/attacks, leading to the conclusion that firearms are often used as people were murdered and twenty-eight wounded. Women account for the majority (55 per cent) of the victims of these mass a tool for threatening others (Nikolić-Ristanović, cases,2010). the In 34.9threat per ended cent ofin incidentsan assault. firearms It should were also shooting, which is significantly greater beused mentioned as a threatening that the tool, study while showed in 6.3 a correlationper cent of than the representation of women among between the readiness to use firearms and perpetrators’ participation in war/military conflicts in terms that firearm-related victims in general. In at 22.2 per cent of perpetrators who participated in war/ least three cases there was evidence that military conflicts used firearms in domestic violence prior to the shooting, the perpetrator had a incidents, in comparison with 8.8 per cent of those who history of committing domestic violence. Although this aspect is still under-researched, there is (Taskovic, 2016) anecdotaldid not take evidence part in frommilitary the conflictsCentre for (Ibid., War 2010,Trauma p. that76). 30 Gender and SALW - Main Policy Concerns

it encompasses a set of characteristics which `embodies the Box 2 Law Enforcement currentlyhierarchy´ most (Connell honoured and Messerschmitt, way of being a man, 2005, it p.requires 829) and all other and Military Officials and men to position themselves in relation to it and aspire to it, and it ideologically legitimates the global subordination of women to Domestic Violence men´ ( p. 2). In that sense it is both normative and the most socially endorsedIbid., although p. 829) andthese some characteristics men to other are men not, (Page, in fact, 2009, the Men predominate in professions with easy access to firearms – the police and military, most prominent role in conditioning the concept of masculinity which can have important implications on andmost ascribing prevalent certain in society roles (Ibid., to men 2009, such p. as 2). protector, Still, the ideal defender, plays a warrior which could bear relevance for SALW practices. This the incidence of firearm-related activities, form of masculinity is historical and subject to change, and particularly in the context of domestic therefore less oppressive forms of masculinity could come to violence. Although this issue in SEE is still prominence and take over the prevailing pattern of masculinity under-researched and there is no consistent provides a space for the translation of these concepts into evidence that law enforcement officers are policy(Connell intervention, and Messerschmitt, a reduction 2005, of violence p. 833). andConsequently, eventually thisthe transformation of unequal gender relations. more involved in domestic violence than men in general population (Djan, 2014), there are However, when linking the idea of masculinity with SALW several concerns that increase the vulnerability use and misuse, it is essential not to `slide into the inference that all men are violent´ (Connell, 2000, p. 22) and to explore of women and the risk of the fatal outcomes, which makes a strong case why this question is thewhy majority men make of menup the never majority get involved of both infirearm armed owners violence and raised. As mentioned, police officers and others perpetrators of firearm-related incidents, as well as why have direct access to weapons, they are trained (Mankowski, 2014, p. 14). to use them, they work in a highly masculine As mentioned above, the dominant masculinity is in practice effectively constructed through a set of characteristics which institutionalized culture and have access to include `aggressive and risk taking behaviour, emotional information, familiarity with procedures etc but also `physical and emotional courage, the ability to endure (Ibid.). hardship,restrictiveness, to not competitiveness, break down emotionally heterosexuality´ in the face (Ibid. of horror´ p. 15)

2.2.4 Gender and Demands for Small this regard also has to be taken into account. As observed, Arms – Masculinity & Culture (Page, 2009, p. 2). The centrality of the category of power in power in men’s social relations, actions and experience violence can be triggered by the significance attached to Attempts to understand and practically address men’s (Hearn) and the attempt to exercise this power. This is preponderance among both perpetrators and victims of particularly relevant in situations when there is a tension between perceived entitlement to power, disempowerment masculinity in society as their point of departure. Further and the state of being `socially conditioned to seek power´ effortsfirearm-related have been incidents undertaken usually to capture have specific the mechanisms forms of directly related to the numerous factors connected with (Bevan and Florquin, 2006). Some of these features are of manhood and dominant gender regimes, including the conceptof how socially of hegemonic and culturally masculinity prevailing conceptualizations termsgun violence of policy (Mankowski, response to 2014, armed p. violence,15) since there in the is absence a need to (Connell) influence and exploreof these thefeatures interplay one’s between manhood this is formcontested of masculinity (Ibid., 14). and In shape SALW use and misuse (Bevan and Florquin, 2006; CHD, SALW and examine `both the notions of masculinity and the TheIPU 2007;concept Page, of hegemonic 2009; Blagojevic, masculinity 2013; has Mankowski, been widely 2013). used role of guns in male culture and to develop practical strategies to explain gender practices relating to `men, gender and social to decouple them´ (Cukier, 2009, p. 29). Gender and SALW - Main Policy Concerns 31

constructed association between guns, violence, power and masculinity is a key component of any effective, long-term fromWith theregard `feeling to the of demand social and for economic firearms, disempowermentthe diverse factors andwhich necessity influence to men’sreassert decisions power throughto possess gun and use, use urge guns to range education in supporting the formation of hegemonic identities comply with the prevailing understanding of masculinity, tool shouldprevention also strategy´be taken (Ibid.,into account p. 296). in The this role regard, of the as mediawell as and other to gain power, respect or material status or a means to retain a factors that help reproduce predominant gender regimes.

In SEE, guns are also associated with manhood and masculinity Givendominant the statisticalposition in evidence, changing particularcircumstances´ attention, (Page, both 2009, in p. 3). construct of masculinity will affect SALW control work´ violence, should be given to young men, because `men’s and, as noted, `the extent to which guns define the gender terms of research and policy options to reduce firearm-related men’s violence within the concept of hegemonic masculinity gender and age are strong predictors of violent behaviour. (SEESAC, 2006a, p. 23-24). There are also efforts to understand Withviolence regards is age-related´ to SALW, young (Hearn men and generally Pringle, 2006, represent p. 149) a and disproportionately high share of both victims and perpetrators and critical studies of masculinity but within the specific SEE, i.e. Balkans, socio-political context (Blagojević, 2015). of firearm-related violence (Bevan and Florquin, 2006, p. Box 3 Suicide and Firearms reach296; IPU, a position CHD, 2007, of social p. 82). and Young economic men statusoften `perceive that they feel entitledviolence to´ –particularly and in this smallprocess arms small violence arms can– as bear a means particular to According to the European Detailed Mortality attractiveness to them since they offer `empowerment in Database for 33 European countries (WHO), Montenegro was ranked first and the Republic the face of exclusion from socially defined masculine roles of Serbia third in terms of the gun suicide isand important can be a tostrong notice symbol that a of `young power man’s for marginalized gender is not young the solemen´ determinant (Bevan and Florquin,of his association 2006, p. with295, or296). willingness However, to it use rate per 100,000 persons. Suicide is a heavily armed violence; in fact, his understanding and use of social gendered phenomenon, and `the overwhelming and cultural ideologies of masculinity will largely determine whether he turns to armed violence´ (Ibid., p. 301). Having majority of gun suicide involve men (96 per said that, it is equally important not to downplay the role cent)´. In terms of the types of firearms used of the wider social context and the complex set of other for gun suicides in Serbia, handgun discharge factors which determine whether young men would resort to violence. Among these factors, researchers underline dominates at 60 per cent, followed by rifle, coercive violent parental control, limited parental control, shotgun/larger firearm discharge at 14 per cent (Duquet and Van Alstein, 2015, p. 22). having witnessed or experienced violence in the home or community,socializing with etc. delinquent´ (Ibid., p. 300). peers, Therefore, having been gender brutalized, is a strong predictive factor but it is activated only if a number of In close connection with the suicide rate among other social factors are present. Taking this `situational approach´ helps to explain the fact that although young men men is the murder-suicide pattern in which dominate in the perpetration of armed violence, the majority `the perpetrator kills one or more people and subsequently commits suicide within a short relatedof young violence, men do itnot is actuallyget involved only ina `smallfirearm proportion violence (Ibid., of young p. period of time´ (Shaw, 2013, p.26). Evidence 300). Despite young men committing the majority of firearm shows that this most often happens within the is an important takeaway for policy response because it makes amen strong responsible case for focusedfor most policy armed intervention. violence´ (Ibid., p. 298), this context of an intimate partner or domestic violence, men being the perpetrators, while women are the victims, and a firearm is most tackle the prevailing gender system as an integral part of SALW controlThe final policies outcome by underlinedreiterating thatby this `countering study is the the necessity socially to often the weapon of choice (Ibid, p. 26-27). 32 Gender and SALW - Main Policy Concerns

A study on cultural conditioning of SALW issues in SEE is a higher percentage of men who state that they do not like guns underlines that in order to `understand the gun’s role in between male and female attitudes toward gun ownership. The study(Bulgaria furthermore and Moldova), concludes and there that gun was ownership no significant is `largely discrepancy a roledefining in the gender family roles, and in it societyis necessary more to generally´ understand including the way as male phenomenon in territories and countries with high levels protectorguns define and, male- hunter, female but relationships also `somebody and who define is able a man’s to exert of gun ownership´ (such as Montenegro and Serbia) (SEESAC,

Thepower relations in society between and control cultural over norms women´ and SALW (SEESAC, malpractices 2006a). are social-political2006, p. 25). Additionally, circumstances there than is evidence exclusively that by dominant factors related firearm twofold, and therefore more research should be initiated in order torelated tradition behaviour and culture, can be which more areinfluenced often considered by state policies to be self- or to shed light on how the widespread availability of small arms explanatory or hard to steer (Shwandner-Sievers and Cattaneo, shape the demand for it. In this regard, it should be underlined that in countries and territories with lower gun ownership there extremely male dominated, as elsewhere. 2005, p. 213-214). In terms of demand, gun ownership in SEE is FIGURE 11: Gun ownership, by sex

~

~

gender-disaggregated data are not available. Source: For Moldova, Montenegro and Serbia Dönges and Karp, 2014, for Bosnia and Herzegovina, and Albania SEESAC Database, 2016. For Kosovo Gender and SALW - Main Policy Concerns 33

The scarce available data also indicates that in certain

In Serbia, men comprise 95 per cent of gun owners compared For example, research conducted in Belgrade by the NGO to only 5 per cent of women, while in Montenegro, Bosnia and Balkancontexts Youth firearms Union might showed play that a role there in rites is noteworthy of passage. Herzegovina and Moldova this gender disparity is even slightly ofhigher gun owners,with men respectively. accounting In for Albania 98 per guncent, ownership 97 per cent is andalmost 96 exclusivelyper cent and dominated women only by men.2 per The cent, average 3 per cent ratio and for 4 eight per cent gender disparity in boys and girls experience with firearms: indicates29 per cent that of youngboys and men 48 are per somewhat cent of girls more claimed exposed they to SALW,had never which held should a firearm be taken (SACISCG, into account 2005). whenThis data policy European countries based on available data is 96 per cent of response is being designed. In certain geographical Itmen seems and that4 percent these ofranges women are (Dönges not only and stable, Karp, but 2014, are also p. 1). locations, such as Northern Albania and Montenegro, reproduced over time. As evident from the table below in the scarce. The study on gun culture in SEE, mentioned above, alsofirearms brings have anecdotal also been evidence part of aboutrites of the passage, role of butsmall data arms are example of Bosnia and Herzegovina, the dominance of men for young offenders, particularly in terms of power, who arein acquiring present in firearms Albania is and persistent Montenegro and relations with an evenhave smallernot see a gun as a tool to `keep up their status as people to be sharechanged of women.significantly over the five-year period. Similar trends feared and not challenged´ (Ibid., p. 23).

TABLE 5: Bosnia and Herzegovina: Number of licences to acquire firearms issued

2015 2014 2013 2012 2011 Women 3% 2% 2% 2% 1% 131 18

Men 10428 26 28 2 12420 97% 98% 98% 98% 98% 4

Source: SEESAC Database, 2016 34 Gender and SALW - Main Policy Concerns

Source: SEESAC Database, 2016 Gender and SALW - Main Policy Concerns 35

Data collected by SEESAC and SALW Commissions or 2.2.5 Gender and Attitudes towards Small Arms and Regulation relevant institutions in Albania, Bosnia and Herzegovina, Gendered differences between women and men can also disproportionatelyKosovo and the former represented Yugoslav both Republic among of Macedoniaperpetrators be tracked in terms of their attitudes towards small arms. andconfirm victims. the persistentIn each country tendency and forterritory, young apartmen to from be Discrepancy in attitudes between women and men in this regard is closely connected with `different experiences of Bosnia and Herzegovina, the majority of firearm-related men and women with small arms, as well as the pervasive incidents were committed by those between the ages of 15 gendering of guns in society and even in the debates Givento 29, fromthis statistical 36 per cent evidence, in Kosovo it is to evident 56 per that cent young in Albania. men polls carried out in in the region show that differences in andAs for their victims, exposure men toaged risk 30 taking to 44 behaviours dominate in call this for group. policy attitudesover controls´ toward (Cukier SALW and remain Cairns, quite 2009, stable p. 36). irrespective Opinion of urgency. However, to tackle this issue effectively, further the location. Women generally tend to more often have a research is needed to fully grasp in a nuanced manner how negative opinion about SALW than men and are generally cultural norms and dominant social roles attributed to men impact SALW behaviour and how they intersect with social However, beside gender, other grounds of differentiation and economic status, employment prospects, previous betweenmore prone attitudes to opt suchfor stricter as cultural, regulations class, geographic, (Ibid, p. 36-38). criminal history and institutional response. ethnic and racial factors depending on the context should not be overlooked. activities, such as hunting, are male-oriented and that men In addition, it should be noted that most firearm-related Women can also play a different role and support the use of firearms, as has been documented in certain heavily dominate professions with easy access to firearms communities, but that poses hardly any challenge to prevailing gender patterns (Farr, 2002; AI, IANSA, particularly– the police andin the military, context which of domestic can have violence. important implications on the incidence of firearm-related activities, more frequently than men that they would not own However, ambiguous relations and available data firearmsOI, 2005, becausep. 6). In theythe SEE do notregion, like womenguns. For responded example, call for further research on the complex interaction between masculinity and gun misuse, both to increase understanding of the linkages and to facilitate Montenegro,36 per cent of the women disparity and between16 per cent the of genders men in isBosnia development of policy responses. As evidence has shown, and Herzegovina said they do not like guns, while in reports on policies targeting young men in the USA even more apparent with 51 per cent of women and 15 coupled with behavioural intervention programmes have possessionper cent of menof a firearm(SEESAC, is 2006,a threat p. to24). family In Bosnia safety and rather beenprovide effective evidence in reducing that specific gun andviolence proactive among programmes, young men thanHerzegovina, a means womenof protection. more often A study than in men Montenegro said that the showed that while both women and men believed there were too many firearms in society, women were more Finally,(Abt and as Winship,mentioned 2016). in the beginning, masculinity is likely than men to see firearms as a risk or threat than not homogenous and unchangeable. Parallel with these trends, there are alternative and less oppressive forms of masculinities which also have been actively working to a means to protect the family – 32.8 per cent of men change the norms associated with dominant masculinities perand cent43 percent of women of women thought considered that having guns a gun a danger at home to that fuel risk taking behaviours. For example, the various increasestheir families, the safety while of32.8 the per family. cent Also,of men considerably and only 14.8 men’s groups or initiatives in close partnership with women’s NGO initiatives should be noted, such as White Ribbon, said they would acquire a gun legally if there was an MenEngage, HeForShe, the UN Secretary-General’s Network opportunity.fewer women (20.2 per cent) than men (54.3 per cent) of Men Leaders or the locally active Centre E8. 36 Gender and SALW - Main Policy Concerns

FIGURE 13: What is the main reason your household would NOT choose to own a firearm? – `I don’t like guns in general´

Source: SEESAC, 2007

policy making and these should be duly addressed when SALWDifferences policies in attitudesare designed have and a strong implemented. potential toEvidence influence cent, which in both cases is significantly higher than the shows the importance of women’s contribution in representation2.2.6 Gender of women and among Political firearms owners. Processes weapons collection programmes in different settings as Closely connected with the discussion above is the link between participation, representation and SALW policies well as participation, including providing specific needs in outcomes. Bringing gender concerns to the core of SALW thatdisarmament, women in demobilization SEE have played and an reintegrationimportant role (Schroeder, in these control policy making poses a challenge to the usual way processes.Farr and Schnabel, Among those 2005). who Data handed collected in weapons by SEESAC during confirms the policies are designed when gender aspects are largely unnoticed, or if mentioned, usually have little, if any implications for policy development. It therefore challenges firearm collection campaigns in Bosnia and Herzegovina in the 2011-1015 period, nine per cent were women, while in Montenegro in 2015 the share of women was 12 per common understandings of firearm-related behaviour, Gender and SALW - Main Policy Concerns 37

which most often does not question underlying gender Although the role of women in SALW control and patterns of SALW use and misuse. Consequently, it calls for a change in the usually male dominated structure (2000) and reiterated in several General Assembly of stakeholders involved in policy making, establishing disarmament processes was recognized in UNSCR 1325 a balanced representation of women and men, and the resolutions, including UNSCR 2020 (2015), there is still a practitioners in SALW control agenda- setting. development.tendency for women’s This is often organizations related to and the womentraditional in general and participation of women’s organizations and/or gender persistentto be insufficiently male dominance included in in the decision institutions making regulating and policy and implementing policies relevant for SALW control. As play a vital role in advocating for stricter options with respect toAs SALWalready regulations, highlighted, and women also in and disarmament women’s organizations processes. articulation of gender perspectives can also be hindered There is ample evidence in various countries and territories observed, inclusion of women, women’s organization and related expertise, which is more focused on the technical aspectswith the of predominantly SALW where men technical still predominate, definition of SALW-rather and diverse settings, both conflict and non-conflict, that than on knowledge of violence where women have long- women have mobilized themselves to curb the problem or standing expertise, which consequently `shapes the way in advocate for solutions (Farr, 2002; Cukier, 2009; AI, IANSA, theOI, 2005).importance Examples of having that ledwomen to stricter at the SALW table whencontrol SALW in Canada, Australia, South Africa and Brazil, demonstrate Inwhich terms an ofissue representation is addressed´ of (Cukier, women 2009, and menp. 42). in SALW of IANSA Women’s Network, Women’s International League commissions, underrepresentation of women is evident. forproblems Peace andare considered.Freedom and The Amnesty flagship International case is the lobbying for the inclusion of gender-based violence within the Arms Trade commissionsWomen comprise in SEE. from 14 to 29 per cent of SALW governments to assess the risk of gender-based violence commission members, and men chair each of the five whenTreaty, exporting which is thearms. first international arms treaty to obligate Furthermore, women, particularly in the case of international agreements are usually seen as a vulnerable group (most often together with elderly people and persistently for stringent SALW control in the context of children) and `the automatic framing and emphasis of Similarly, women’s organizations in the SEE region advocate women as primarily vulnerable victims and innocent for policy solutions which link the proliferation of SALW and civilians exposes men to further violence and strips women domesticpost-conflict violence reconstruction concerns. andThis demilitarization has been done through or lobbying numerous initiatives such as increasing the visibility of meaningful participation are also related to the general characteristicsof their agency´ of (Acheson, the policy 2015, process p. 9). that The they challenges are involved to (Women against Violence Network in Serbia), advocating for the establishmentrelationship between of a coordinated femicide and institutional the role of response firearms institutional culture (Connell). Although women and to domestic violence and participating in the strategic menin and do which not necessarily is usually characterizedhave different by opinions, a masculinized women’s `positions or ideas are often forced to conform to the the domestic context (The Autonomous Women’s Centre), dominant perspective—underpinned by notions of violent lobbyingpolicy development for provisions outlining in law firearmsagainst domestic control within violence masculinity—in order to be taken seriously´ (Ibid., p. 10). committed (Macedonian women’s NGOs) or membership In order to ensure that the preconditions for gender inregulating international seizure coalitions of firearms against when armed domestic violence violence (Women is mainstreaming are met, it is important to track and in Black is a member of IANSA). Other efforts include participation in international campaigns for curbing how it governs both policy making and implementation ofexplore SALW further control how policy masculinity and not to is disregard institutionalized that it can and (NGOs Victimology Society of Serbia and the Journalists for have `invisible´ effects on the ways in which policy debates Childrennegative andeffects Women of firearms Rights throughand Protection legislative of Environment reforms in Macedonia joined the IANSA campaign to demand stricter ensure gender is not absent from the debate is to ensure NGO and research are constructed. (Cukier, 2009). One way to United Women of Banja Luka). institutions and gender experts and practitioners. firearm control) and other awareness raising activities ( the participation of women’s organizations, gender equality 38 Policy Response – Document Review

3 Policy Response – Document Review

A broad sample of legislative and strategic documents regulating SALW was reviewed in order to assess if and to what degree the gender perspective is integrated into SALW policies in SEE. The approach taken was to review:

• Laws on firearms, • SALW strategies and actions plans.

In addition, the following types of documents were analysed in order to assess whether SALW issues were addressed:

• Laws on gender equality, • Laws on domestic violence, • Gender equality strategies and action plans, • Strategies to combat domestic violence and violence against women and accompanying action plans.

A detailed list of documents reviewed is enclosed in Annex 1.

For ease of reference, this chapter is structured as follows:

• Analysis of strategies regulating SALW control issues with the intention to identify if and to what extent the main policy concerns are addressed in a strategic response. • Analyses of the legislative framework with the main focus on the laws on firearms, civilian regulation of firearm possession and domestic violence. Although they are not in the focus of the analysis, when necessary, references have been made to other relevant laws and procedures. • Entry points in gender equality legislation and strategies which could play a role in SALW control efforts are briefly outlined.

have recently developed and adopted SALW control strategies 3.1 SALW Control Strategies and accompanying action plans. Along with this, institutional and Main Gender Policy mechanisms for the coordination and implementation of planned measures, such as SALW commissions, councils or Concerns boards, have been established and focal points appointed. At the time of publication, SALW control strategies and action

In order to address different SALW-related challenges and meet their international obligations, most governments in SEE plans are in place in Bosnia and Herzegovina (revised in 2016 to cover the period 2016-2020), Montenegro (2013-2018), Kosovo (2013-2016) and the former Yugoslav Republic of Policy Response – Document Review 39

the whole policy cycle from design and planning to evaluation. currentlyMacedonia being (adopted evaluated, in 2005). while The in Albaniastrategy and in the Moldova Republic a • Piecemeal gender mainstreaming: contains some strategicof Serbia andwas institutionaleffective for theframework period 2010 is lacking. -2015 Due and toit issimilar of the elements outlined above but without a coherent challenges at hand, SALW strategies and accompanying action and holistic approach to gender mainstreaming and plans in the SEE region exhibit some common features, but also less than one third of objectives and activities address gender concerns. developed in the action plans. • Gender mainstreaming work has not been initiated: show notable specificities in terms of the scope and activities None of the elements is present and there is no With regard to gender equality, despite evidence of initial systemic effort to integrate gender in SALW control. The efforts being undertaken to tackle linkages between gender and SALW, prevailing tendencies in the integration of the and consequently neither are objectives set nor gender perspective reveal a common manner in which gender activitiesrelevance foreseen of gender in for the SALW action control plan. is not recognized

All references to main policy concerns discussed in Chapter Theis being methodological approached (Bastickapproach and in Valasek,the analysis 2014, of p. SALW 54). control strategies and action plans was taken to: activities match the scale of the problem. For ease of reference, 2 are presented in Table 6 in order to measure how planned possible, the methodological approach outlined above. equality and gender mainstreaming, remarks in this section are organized to follow, as closely as • Map the presence of formal commitment to gender 3.1.1 Commitment to Gender Equality presence of gender observations or the application of • genderMap the analysis use of gender in situation disaggregated analysis, data and the In terms of the commitment, references to women and men and gender equality are formally articulated in the Strategy for SALW Control in Bosnia and Herzegovina 2013-2016 and • discussed.Review goals The and goal particularly and objective objectives are considered against to be Strategy for SALW Control in Bosnia and Herzegovina 2016-2020 gendertheir responsiveness responsive if theyto the explicitly five main address policy atconcerns least one (hereinafter referred to as the BiH SALW Strategy) and the of the main policy concerns, Kosovo SALW and Collection Strategy and Action Plan 2013-2016

commitments have been translated into measures • andReview activities action and plans budgetary to map whether allocations mapped to address The(hereinafter BiH SALW referred Strategy to as in the the Kosovo section SALW `Principles Strategy). used in Strategy Development´ states that `this strategic document points to the importance of an even-handed approach to orderidentified to determine gender-related whether concerns, they provide opportunity males and females in the process of implementing relevant • forReview tracking the monitoring the effects ofand the evaluation strategic frameworkapproaches on in women and men. control mechanisms´ along with prioritizing support to Depending on the extent SALW policy frameworks in the SALW victims and environment protection (p. 9). - are made under the section `General Principles’ where tion is proposed: itIn is the stated Kosovo that SALW the objectives Strategy twoformulated relevant in references the strategy region respond to these concerns, the following classifica will be guided by the set of principles´, inter alia, the • Gender responsive policy framework: contains a constitutional Principle of Human Rights Protection formal commitment to gender equality and gender mainstreaming. Gender disaggregated data are used in in particular of women and children, regardless of ethnic policy formulation and gender observations are present background,which `guarantees gender, the age rights and religion´of all Kosovo (p. 10). citizens The secondand in the situational analysis in respect to at least three reference is made under the section ‘Vision and Mission,’ major concerns. At least one third of objectives and in the promotion of the `participation of civil society activities identify the gender perspective of the problem groups (with special focus on inclusion of women and and gender disaggregated indicators are developed vulnerable groups) in development and implementation in the monitoring and evaluations matrix. In gender of SALW control policies, violence prevention and responsive policy frameworks, gender permeates disarmament strategies´ (p. 8). 40 Policy Response – Document Review

In other documents under review, the SALW strategies The only documented observations in situation analysis are in Montenegro, the Republic of Serbia and the former references to domestic violence in the strategies of Bosnia Yugoslav Republic of Macedonia, no references or explicit commitments are being made to gender equality or integration of gender equality in SALW control activities. thatand Herzegovinathe `presence and of illegal Kosovo. weapons In the SALW contributes control to Strategy domestic of At the same time, there are no other indications of Bosnia and Herzegovina 2016 -2020, the General Part highlights alternatively framed commitments that gender will be gun in the home is much more likely to be used to intimidate consistently integrated in response to SALW challenges. orviolence´ physically (p .2), injury while family the Kosovo members Strategy than be observes used against that `a an

3.1.2 Gender Disaggregated Data and linkages between gender and the demand for small arms, the outside intruder´ (p. 6). Apart from these observations, no other Gender Observations gun culture and masculinity have been outlined. In the strategic frameworks of Montenegro, the Republic of Situation analyses presented in SALW control strategies Serbia and the former Yugoslav Republic of Macedonia, the effective in SEE provide no evidence of the use of gender relevance of gender concerns is unremarked. disaggregated data when SALW-related challenges are being considered. Analyses of SALW strategies show that they usually operate with a comparably small amount of 3.1.3 Setting the Agenda – Gender in Goals and Objectives state possession, estimates of illegally owned SALW and data, primarily on the availability of firearms in civilian and The strategic documents under review cover a wide range of different interconnected activities and tackle complex the number of firearms seized or destroyed. The number of challenges related to SALW proliferation. They primarily Infirearm-related the documents incidents under review is mentioned no data or statisticsless often. are refer to the establishment of effective SALW control through the improvement of legislative and technical conditions armed violence on individuals. In that regard, none of the SALW preventing SALW misuse, the reduction of illegal SALW and strategiesprovided to provide outline data the oneffects the victimsof proliferation of armed of violence, firearms the and awareness raising efforts that are expected to contribute to

instance, in the Serbian SALW Strategy the overall goal is thisperpetrators could be understoodof firearm-related within incidents the limitation nor the of thetypes, current outcomes `tothe establish increased a generalunique nationalsecurity ofsystem citizens of effective and society. control For of prevailingand characteristics manner inof whichfirearm-related SALW strategies incidents. are Partially, developed SALW ensuring the reduction of weapons in illegal possession where situation analysis serves as an introduction in the and number of abuses of legal weapons and the increase of document, containing a brief overview of the problems of SALW proliferation within the given context, rather than actual evidence former Yugoslav Republic of Macedonia, the Strategy seeks ‘to based analysis. In this regard, it is unclear to what extent more securethe general a safer security environment of citizens and and control society small as aarms whole´. and In light the comprehensive analysis preceded policy development. weapons within society in order to promote the conditions

At the same time, no space is provided for more detailed smallfor improvement arms and light of the weapons general are security.’ under control´.In Kosovo’s In the Strategy BiH particular with regards to links between SALW proliferation the `vision is that Kosovo will be a safe environment where definition of problems, which tend to be loosely articulated, in articulated, while in Montenegro, the general goal `is the overall favourable for the articulation of the gender aspects of SALW Strategy there are specific objectives and no overall goal is proliferation.and citizens’ security. In no document Consequently, is gender this disaggregatedapproach is not data and light weapons and ammunition in all its segments´. development of the efficient system of control of small arms owners, or in data on the discrepancy in attitudes to SALW betweenprovided, women either in and terms men of or victims, in data perpetrators on domestic orviolence. firearm regardingAs they are the presented, establishment the goals of the defined legislative, in the policy SALW andstrategic technicalframework preconditions in the SEE region for the prioritize effective the system complex for SALW tasks limited, if any, opportunities to integrate gender analysis within Due to underutilization of gender disaggregated data there are bear relevance to the security needs of both women and men, althoughcontrol and without increased explicit security commitment of citizens. that In differences this regard, will they situation analysis and identify how certain issues specifically affect women and men and link it to problem definitions. Policy Response – Document Review 41

be taken into consideration. The same relates to objectives. Although many of the objectives are directly relevant to relevant references, i.e. domestic violence, and the different the main policy concerns, gender aspects are not explicitly and Herzegovina. In Bosnia and Herzegovina, both gender mentioned and in none of strategies is there an objective referring straightforwardly to gender. regionalinfluences cooperation of weapons and on cooperationwomen and menwith areNGOs. in the In the strategic document defined under Objective 4: International and However, even in strategies that make efforts to integrate to gender equality has not been translated into goals and gender, the prevailing approach is often incoherent, so that, objectives,case of the andSALW neither Strategy have in concreteKosovo, aactivities general commitmentbeen designed.

responsive manner, but in the action plan gender relevant Under the objectives of the other SALW strategies reviewed activitiesfor instance, do occur,a certain or viceobjective versa is (gender not defined appears in a among gender the (Montenegro, Serbia and the former Yugoslav Republic of objectives, but not within the action plan). In order to capture Macedonia) no gender relevant observations are present and the full occurrence of gender concerns addressed in the main gendered policy concerns are not addressed. strategic document, additional mapping has been undertaken 3.1.4 Action Plans: Translating some gender concerns, although not contained in the very Commitments into Activities formulationas presented of in an Table objective, 6. The havemapping been shows, articulated for instance, under their that explanation, or information is provided on the response to As a part of the review process, efforts have been undertaken gender issues in the description of activities. to map activities in the action plans that contain explicit reference to gender and are related to main policy concerns. The table below provides information on the position of SALW are articulated only in SALW strategies in Bosnia activities with respect to objectives. As evident from Table 6, linkages between gender and TABLE 6: Gender concerns in Objectives in SALW strategies and Action plans

Bosnia and Objective: Management of SALW that are in possession of BiH competent agencies and institutions. Herzegovina Activity: civilian population and development. (2013-2016) Produce a study of the burden that SALW represents for Bosnia and Herzegovina and its influence on the Gender aspect: The assessment process will take into account the different impact that weapons have on men and women. Activity: ordnance. Training programme and certification of personnel for the management of ammunition and explosive Gender aspect: The training will attempt to include as many female personnel from the Ministry of Defence of BiH as possible in order to contribute to the balanced inclusion of female and male personnel in the training process. Objective: International and regional cooperation and cooperation with NGOs.

Within this objective it is stated that Special emphasis shall be given to the use of weapons in cases of domestic violence, and to different influences that weapons have on men and women. Activity:

Gender aspect Mapping: While and identificationdeveloping the of methodology SALW victims different in selected needs municipalities. of female and male victims will be taken into account and an equal approach to and treatment of females and males will be ensured. Bosnia and Objective: Reduction of illegal SALW. Herzegovina 2016-2020 Activity: Establish coordinated data collection on domestic violence institutions/judicial bodies and security institutions). cases with firearm use or threat (in all relevant 42 Policy Response – Document Review

Measures foreseen to translate general commitments to Therefore, without further research into implementation, it gender equality into concrete activities are present only in cannot be said whether they will manage to address any of the main concerns, and if so to what extent. gender responsive activities account for only a minor portion the action plans in Bosnia and Herzegovina. However, these 3.1.5 Which Gender Concerns Are Being Addressed? whileof the inaction the revised plans – Strategyin the BiH only Strategy one such 2013-2016, activity is the fore share- seen.of gender If implemented, responsive activities this small in share the Action could Planbe understood is 9 per cent, Table 7 attempts to map policy responses to main policy within the context of piloting a new approach with limited concerns: gender differentiated effects, domestic violence, previous experience and the lack of examples of good practice elsewhere. ofgender these and concerns, demand there for firearms,is a very limited discrepancy response in attitudes to challenges and balanced participation. It is evident that, despite the significance policy concerns, leaving most of them unaddressed and thereby In other action plans no specific gender-related activities are notin the managing field, and to these meet initiatives the scale oftackle the problem. only a limited number of defined, nor is there a commitment that gender concerns will be taken into account during the realization of activities. TABLE 7: Policy responses in SALW strategies to main policy concerns

Main Policy Concerns Gender Gender and Domestic Discrepancy Balanced differentiated demand, violence in attitudes participation effects masculinity Bosnia and ACTIVITY: Mapping Special emphasis ACTIVITY: Training Herzegovina shall be given to the programme and 2013-2016 of SALW victims use of weapons in inand selected identification cases of domestic personnel for the municipalities violence. managementcertification of of ammunition and While developing explosive ordnance the methodology, will attempt to the different needs include as many of female and male female personnel victims will be taken from the Ministry into account and of Defence of BiH an equal approach as possible in order to and treatment of to contribute to the females and males balanced inclusion will be ensured. of female and male personnel in the training process. Policy Response – Document Review 43

Main Policy Concerns Gender Gender and Domestic Discrepancy Balanced differentiated demand, violence in attitudes participation effects masculinity Bosnia and The presence of Herzegovina contributes to 2016-2020 domesticillegal firearms violence. Kosovo

(2013-2016) Montenegro

(2013-2018) Serbia

(2010 -2015) the former Yugoslav Republic of Macedonia (2005)

3.1.6 Tracking the Changes – needs could be tracked. None of the reviewed action plan contained gender responsive indicators designed to capture Monitoring and Evaluation the impact of SALW control policies on women and men, the

Since gender is not articulated in the activities, it is also that implementation of SALW strategy brings to women absent in monitoring and evaluation. In all action plans, andrelations men, betweenor indicators them included in this particular to follow field,up on the changes benefits in indicators are set only to the level of activities and are the status of women and men (Moser, 2007). Only in the providing information about whether an activity was evaluation indicators designed for the evaluation of Strategy implemented,defined as output no effect indicators. on women’s In that andregard, men’s apart security from achievements,SALW strategy butfor Kosovonone of isthem there are a listgender of monitoring disaggregated. and 44 Policy Response – Document Review

Box 4 Emerging Initiatives the sub-objective referring to the monitoring of statistical data on SALW and ammunition, Despite the prevailing trend in SALW control presents plans to establish cross-sectoral strategies the gender goes mostly unremarked coordinated collection and registering of data on upon, it seems that awareness about the necessity domestic violence cases committed with firearms. to incorporate gender perspective in strategic The Kosovo SALW Control and Collection Strategy, response to SALW challenges is growing steadily. in the definition of its Mission, states that one Sporadic but pioneering efforts to incorporate the of the Strategy’s objectives is to promote the gender perspective into measures and activities participation of women (civil society and other have already been undertaken, mostly in Bosnia groups) in the development and implementation and Herzegovina, and to a lesser extent in Kosovo. of SALW control policies, violence prevention and Although presented in the discussions above, here disarmament strategies. However, this general they are briefly summarized. provision has little implication on the concrete The Strategy for SALW Control in Bosnia and activities and measures planned by the document. Herzegovina 2013-2016 provides evidence of efforts to mainstream gender, although limited Mapping the Enabling and partial. In terms of commitment `the Factors strategic document points to the issue of support and assistance to victims of SALW, the importance In Bosnia and Herzegovina, the rules of procedure of an even-handed approach to males and females for public policy development requests consultations in the process of implementing relevant control with other competent state authorities. mechanisms´. Also, the objective concerning Consequently, the Gender Equality Agency was cooperation with NGOs and international and included in the preparatory workshops for the regional cooperation states that `special emphasis development of the SALW strategy and in the later should be given to the use of weapons in cases of revision stages of the strategy. During this process, domestic violence, and on the different influence the Agency suggested several entry points and that weapons have on men and women´ (p. 16). provided input for the integration of the gender Several gender responsive activities are planned: perspective into the draft document which were later 1. Development of a study on the burden that adoptedi. Along with this, awareness of the president SALW represents for Bosnia and Herzegovina, of the Coordination Board for SALW control about which will take into account the different impact the obligation for gender mainstreaming set by the that weapons have on men and women. Gender Equality Action Plan and the obligation of 2. The research methodology for mapping and state authorities to contribute to the advancement identification of SALW victims will take into of gender equality facilitated the inclusion of gender account the different needs of female and male sensitive proposals. The proactive approach of the victims and ensure an equal approach to and Gender Equality Agency also played a role in the treatment of females and males. facilitation process. Last but not least, the Strategy 3. During training for the management of ammu- document itself states that `the importance of nition and explosive ordnance, balanced inclusion an even-handed approach to males and females of female and male personnel will be prioritized. in the process of implementing relevant control The Strategy revised in 2016, under the objective mechanisms´ is one of the principles used in the relating to the reduction of illegal SALW, and development of the Strategy. Policy Response – Document Review 45

3.1.7 The Challenges of Gender seen as relevant for SALW-related challenges, which Responsive Evidence Based gender patterns are not being discussed or challenged Policy Making consequently hinders their policy prioritization. Since gender disaggregated data and gender analysis could Despite initial steps undertaken to integrate a gender in policy response, the final outcome of the lack of perspective into SALW control frameworks, prevailing trends existing trends. Furthermore, the low awareness about thelead interplay to further between `normalization´ gender and and SALW reproduction is being of reproduced, while the necessity to address gender ofreveal this overallchapter under-prioritization indicates that important of gender but piecemeal concerns genderin SALW concerns is not seen as a way to increase the overall policy making. The classification developed in the beginning effectiveness of SALW control efforts. and has been additionally limited in the revised document. mainstreaming is taking place only in Bosnia and Herzegovina, provisions are evident, although their implications are not 4. inSince which gender goals is andabsent objectives or side-lined are inbeing situation defined . This is less valid for Kosovo where certain gender relevant Becauseanalyses, of it this,has had the littlegender if any concerns influence discussed on the way in In the SALW policy frameworks in Montenegro, the Republic the previous section go entirely unnoticed and ofclearly Serbia reflected and the in former the activities Yugoslav that Republic have been of Macedonia undertaken. no therefore are not addressed in strategic responses to gender relevant work has been initiated. SALW proliferation in SEE region. Such an approach

amongfosters thethem. understanding Underlying this that is all the citizens assumption have the that The1. under-prioritization Explicit commitments of gender to gender takes several mainstreaming forms: same security needs and fails to recognize differences as a comprehensive strategy for advancing gender the same set of measures, in a uniform gender neutral equality are rarely given. Even when gender all security needs can be addressed and fulfilled with concerns are mentioned as in the cases of Bosnia and of gender concerns in goals and objectives. The practicalmanner which ways inconsequently which gender justifies shapes the demand absence for understood as a systemic process of making women's asHerzegovina well as men's and concerns Kosovo, genderand experiences mainstreaming an integral is not dimension of the design, implementation, monitoring firearms differentiate the effect on women and men and evaluation of policies and programmes´ (ECOSOC, subjectand expose of the them policy. to specific Instead forms of a systemic of armed approach violence, towhich gender-related require specific challenges, interventions, there is areonly rarely anecdotal the principle that affects women’s and men’s exposure to evidence to track emerging attempts. Consequently, SALW-related1997). Gender risks is not and positioned shapes SALW as an behaviouroverarching and attempts to practically tackle gender concerns related practices, but also policy response. Although formal to SALW in action plans are sporadic and lack gender commitment to gender mainstreaming is not the only disaggregated indicators and adequate monitoring precondition for the gender responsiveness of SALW and evaluation tools. In that regard, `experience has policies, it is evident that when the commitment was shown that, when gender commitments…are not present, it has, however partially, shaped objectives made measurable through the use of indicators, and activities. 2. Gender disaggregated data is not provided in any responsibility, they are rarely implemented. In the of the strategic documents. The absence of gender contextare not monitored,of a small arms and areNAP, not moreover, anyone’s it specific may be of disaggregated data has further implications on the possibility to integrate gender in policy response. for its monitoring and implementation are likely to It renders the highly differentiated effect of SALW beparticular gender concernexperts or that adept few atof usingthe officials indicators responsible in a invisible, and the gender concerns discussed in the gender-responsive manner´ (Bastick and Valasek, previous section go mostly and in some cases entirely unnoticed. budgets for the implementation 3. There is no record of the utilization of gender 2014, p. 54). analysis of SALW-related challenges. Due to this, the 5. documents,Considering withoutthat further enquiry it is not role gender plays in shaping SALW behaviours and possibleof the action to make plans any are informed not defined conclusion in the available whether these initial gender-related efforts have been practices, as well as specific gender-based risks are not 46 Policy Response – Document Review

accompanied with adequate funding for their implementation. Also, there is no evidence of any be scaled-up. other form of gender responsive budgeting taking 7. Emergingorganizations practices and gender provide, equality however institutions important, should place. only a piecemeal approach mainly limited to a gender quality passing mention of women and gender, far from the work to be framed as belonging only within the articulated and holistic approach needed to tackle the 6. areasFinally, of there cooperation is a tendency or participationfor of civil manifold nature of the relationship between gender society organizations. While this is an important and SALW. Due to all the challenges encountered acknowledgement of the catalytic work of civil in efforts to position gender into the SALW control society, particularly women’s NGOs, the gender agenda, as well as to the scale of the problem, it aspect of SALW control should not be constrained is even more important to upgrade and scale-up to certain domains, but permeate the whole policy emerging good practices and give new urgency to and particularly stakeholders. In the same manner, the integration of gender equality into SALW control good practices in cooperation with civil society frameworks.

Box 5 Gender Disaggregated articulated, which creates an impression that Data strategical efforts to curb the problem of arms proliferation, particularly in terms of armed The non-utilization of gender disaggregated violence, are not sufficiently informed by data, data in situation analysis is a multifaceted issue. which is a recurrent and broader tendency (WHO, Current administrative data collection practices UNODC, 2014, p. 25). With reference to gender, and procedures do not always provide such data. more research is needed to explore whether the When data exist, they are not being regularly underutilization of gender disaggregated data processed or released in the manner which renders is somehow connected or whether it reflects the gender aspect visible. On the other hand, the character of policy process, including the these consistent challenges in obtaining gender composition of the working group and insufficient disaggregated data reflect the low prioritization participation of gender practitioners (Cukier, or awareness attached to gender as a factor in 2009). policy making. Although it goes beyond the scope of this Study, these challenges may also be related Still, it is evident that SALW commissions are also to a broader challenge of advancing the evidence struggling with the lack of data as recognized in based approach in SALW control frameworks. their action plans (for instance several strategies A common feature of SALW strategies is that envisage certain activities in terms of research human security related aspects and challenges or data collection to be undertaken). There is with respect to firearms proliferation tend to therefore an emerging need to tackle the problem be generally outlined rather than thoroughly of data scarcity. Policy Response – Document Review 47

3.2 SALW Legislative terms of how they refer to domestic violence and the legal Framework: The laws on weapons in SEE show significant variations in Relevance for Combating qualification of a domestic violence incident that is defined Domestic Violence as a precondition for restriction of access to firearms. This impactreflects on both the the level understanding of protection of provided. specific lethal risk and With respect to gender-related policy concerns outlined policy prioritization given to the issue, and also has a direct in Chapter 2, SALW control legislative frameworks in SEE In this regard, interventions aiming to restrict access to are primarily considered in terms of their response to and own, differ mainly in the way they refer to domestic firearms, i.e. the authorization of a license to purchase domesticthe impact violence, of firearms recognition on domestic has onlyviolence exceptionally and violence been givenagainst to women. other underlying In current gendered laws on firearms, factors that apart play from a role violence and may be classified into two groups: in shaping both SALW-related risks and behaviour, such as explicitly connected with the occurrence or criminal the intersection of gender and age, which will be discussed • historyReasons of for domestic restrictions violence, to access or reference to firearms is made are later. to the domestic context (and/or `disturbed family relations´), In terms of domestic violence, legislative efforts have been put in place to address and regulate risks related applicant as such and only indirectly encompass to the presence of SALW in the context of domestic and • domesticRestrictions violence, are based since on it the represents criminal ahistory criminal of actthe intimate partner violence primarily through the regulation of civilian possession. Although displaying a range of practical responses, as documented by previous research prosecuted ex officio and it is therefore a ground for Due to recentrefusal legislative of license authorization.reforms, most of the countries the dominant approach in legislative interventions in this regard(Cukier, are: 2002; Dokmanović, 2007; Shaw, 2013; CGA, 2015) having legislation in force which takes into account domesticand territories violence. in this region fall into the first group

involved in domestic violence through legal 1. requirementsRestriction to theand access competency to firearms criteria to personsnecessary to that a person in order to be `provided with any • In Albania, the Law on Weapons (2014) requires as committing the criminal offence of domestic obtain a firearm license, of the authorizations types shall not be identified 2. andRemoval domestic of firearms violence and occurs. revocation of firearm licenses when firearms are already in possession systemviolence´ of (Articleregulation, 34). legislative responses show • In Bosnia and Herzegovina, despite a decentralized 3.2.1 Domestic Violence as a Factor in Restricting Authorization of circumstancessignificant similarity indicating and thatit is generallya weapon required could be Firearm License misusedthat when due authorization to severely disturbedis considered family there relations. are no

• issuedKosovo’s to Lawa person on Weapons if he/she (2015) represents stipulates danger that to In terms of regulation of firearms possession, laws on himself,the `consent public to orderpurchase and apublic firearm safety´ may (Articlenot be 7) purchasing,firearms in SEE holding determine and/or a carrying. set of obligatory Licensing competency requirements criteria for the authorization of licenses for firearms be misused for domestic violence are considered as awhile danger circumstances to public order indicating and safety that (Article firearms 10). may usually include citizenship, age limit, no previous criminal records, health certificate, genuine need/justified reasons and Despitetheoretical increased and practical recognition knowledge of linkages of the use between of firearms. small • beenIn Montenegro, sentenced theby anLaw enforceable on Arms (2015) court decision requires arms and domestic violence, legislative provisions in forthat, criminal in order offences to obtain against a firearm, marriage a person and hasfamily not 48 Policy Response – Document Review

3.2.2 Domestic Violence and misdemeanour offences with elements of domestic violence.and has not Furthermore, been sentenced it is requested by final decisions that there for are no Revocation of Firearms circumstances such as disturbed family relations which

to persons with criminal records, another direction of the inindicate Serbia that stipulates firearms that could to beobtain misused a weapon (Article no 13). legislativeWhile the measuresresponse aimeddescribed at reduction above ban of access the risks to firearmsof misuse • `enforceableThe Law on Weapons sentence andof imprisonment Ammunition (2015)for crimes against marriage and family or proceedings have been initiated against (a person) for such criminal domesticof firearms violence within theoccurs. domestic context is related to the acts, and (the person) has not, in the last four suspension of the license or the confiscation of firearms if years, been convicted of a minor offence, i.e. that In most laws on weapons, the reasons for the removal of no proceedings have been initiated related to the violation of public peace and order, for which the sentence of imprisonment is imposed, or for licensefirearms granting, or a license which removal makes or a personsuspension ineligible are generally to possess offences regulated by this Law ´(Article 11). It is them.defined In as that a violation regard, committing or breach of domestic the requirements violence presents for further required that a person’s behaviour does not indicate that he/she would pose a threat to him/ not explicitly referred to, but is considered a part of criminal herself or to other people and the public peace and offencesfirm grounds in general. for removal of firearms, although most often it is

their place of residence or workplace (Article 11). Only the Law on Arms in Montenegro explicitly refers to order, which is to be verified by security vetting of domestic violence. It states that if circumstances indicate 'that former Yugoslav Republic of Macedonia does not arms could be abused… especially due to… disturbed family • directlyThe Law refer on Weapons to domestic (2010) violence, effective but in obtaining the relations, the arms, ammunition and documents on arms shall a weapon does require that a there are no be taken immediately even before the criminal, misdemeanour circumstances indicating that the weapon could be misused `especially when the person is registered in the registry of the competent authority) for foror administrative the protection proceedings against family are finalized,violence andor the shall protection be taken severely disturbed relationships in the family´ untilof public proceedings order which are finalized,need to be in implemented order to undertake without measures delay, (Article 12). while the facts based on which the decree to take away the

Only the Moldovan Law on the Regime of Firearms and Ammunition for Civilian Use (2012), does not contain Witharms regardsare determined to domestic or at violence,least made the probable´ relevant (Articleresponse 50). explicit references to domestic violence. to risks related to the presence of SALW are also regulated

Differences between legislative responses to domestic police to perform security checks or search for objects, i.e. violence can also be tracked based on the phase in the by other legal acts. Laws on policing generally authorize for the protection of public safety or if circumstances suggest thatweapons, the object and temporarily could be used seize to commit them when a criminal that is actnecessary or implicationsproceedings relevantparticularly for refusingdue to the authorization complex nature of weapons of domesticownership, violence. which can In that consequently regard, the have laws significant of Albania, safety ordermisdemeanour. to remove For weapons instance, or otherthe Law items on Policethat may in Kosovo represent anauthorizes inevitable police risk officersfor life or to property perform ORpreventive to prevent searches activities `in domesticBosnia and violence Herzegovina, is considered Kosovo and to be Montenegro a reason for already not that may represent an inevitable risk for life or property indicate that the fact that firearms may be misused for (Article 22)´. Provisions with similar police powers are the former Yugoslav Republic of Macedonia the fact that present in all laws in the region. agiving person consent has received for authorization. an enforceable In Moldova, sentence Serbia or that and proceedings have been initiated is provided as a reason to is also requested in cases when that person would pose a premisesBeyond this, or personscriminal in procedure order to eliminate codes authorize a direct the and public threatwithhold to himselfconsent or for to authorization. other people orWithholding to public order. consent seriousprosecutor threat or policeto persons officers or property.to undertake For instance,a search ofthe the Policy Response – Document Review 49

Code on Criminal Procedure of Montenegro stipulates of persons when enforcing a warrant on compulsory • In the Law on Protection against Domestic Violence apprehensionthat `authorized or policewhen deprivingemployees them may ofcarry liberty, out aif search in Kosovo, removal of firearms and other weapons the suspicion exists that the person owns weapons or itemsis defined `by means as a separate of which Protection the act of Measure violence of was dangerous tools, or if the suspicion exists that the person committed,Confiscation or of items Item. byIn meansthat regard, of which confiscation the act of of would discard, hide or destroy objects that need to be taken violence is suspected to be repeated, is imposed from him/her as evidence in a criminal procedure´ (Article with the aim of protection of the person against 83). whom domestic violence has been committed´ (Article 10). 3.2.3 Laws against Domestic Violence Montenegro does not explicitly refer to small and SALW • arms,The Law but on under Domestic Emergency Violence Intervention Protection (Article in 10) it reiterates that `upon receipt of a report on In legislation against domestic violence adopted relatively the incidence of violence, police will immediately recently throughout the region, there are also visible efforts take action and measures to protect the victim, to address the interconnectedness between domestic in accordance with this act and other legislation governing police, misdemeanour procedure, criminal procedure and witness protection´. contextviolence of and domestic firearms violence. and provide The dominantmeasures to trend avoid is or tomitigate give urgency risks related to the to removal the presence of weapons of firearms through in the Law on Prevention and Protection from domestic framing it as a protection measure. Still, these efforts are • In the former Yugoslav Republic of Macedonia, the neither consistent nor present throughout the regions and adoption of laws on domestic violence is not universal (e.g. violence regulate the revocation of firearms as an the Republic of Serbia). attempt to minimize the risk in DV cases and protect offendera victim. Inand Article initiate 29 procedures it is stipulated in accordance that police with theofficers law for`temporarily revocation confiscate of the weapons, weapons collector from the Violence in Family Relations, in the chapter weapons or permit to carry weapons´. • referringFor example, to protection in Albania’s measures, Law on Measuresit is stated against that protection against domestic violence shall be ensured by, among other measures, `ordering the • norIn Bosnia in the andLaw Herzegovina, effective in Republika neither in Srpska the Law is effective in Federation of Bosnia and Herzegovina belonging to the perpetrator, found during police checks,law enforcement or ordering officers the perpetrator to seize any to weapons surrender any In addition,reference instruments to firearms such made. as protocols in the cases weapons belonging to them´. It is further stipulated

be returned only after the termination of the of domestic violence directly recognize the necessity to protectionthat if the weapons order and have receipt been of seized, a court they order. will Also, intackle Cases the of risks Domestic regarding and Intimate the presence Partner of firearms. Violence Foragainst instance, the Special Protocol on Conduct of Police Officers relating to high security risks, both for victims and police theif weapons appropriate have administrativebeen seized and authority the person or shallhas a Women in Serbia recognize that cases of domestic violence suspendweapons the authorization card until termination card, the court of the shall protection notify an `assessment of potential risks to their own safety as order (Article 10). wellofficers. as that In that of the regard, victim, police and takeofficers all necessaryare obliged measures to make and activities of precaution and the protection of safety´. Violence passed in Moldova, effective from 2008, • In the Law on Preventing and Combating Family common risks in domestic violence cases (Protocol 2011, p. the protection measures, where it is prescribed 11).The presenceProtocol alsoof weapons provides is detailed listed first instructions among the for most police firearms are mentioned in the article referring to the claim, issue a protective order, to assist the victim,that the by court prohibiting shall, within the aggressor 24 hours fromof receipt keeping of or membersofficers as possess to how toweapons act upon or the can arrival possibly at theacquire scene. them. Police officers are obliged to check whether any of the family

handling firearms. If found, any weapon shall be temporarily confiscated and 50 Policy Response – Document Review

be given. In case of knowledge of the illegal possession or illegal. In the former Yugoslav Republic of Macedonia, ofthe a motionweapon, for necessary permanent measures confiscation shall beshall undertaken subsequently underif so, to the take Procedures all legal actions for the to Implementation seize it, whether of it Protection is legal Measures for Victims of Domestic Violence and Members Procedure Code. to discover it and confiscate it, pursuant to the Criminal The Protocol on Actions, Prevention of and Protection of their Family, the ban of possession of firearms and Against Family Violence in Montenegro obliges police their confiscation in accordance to the Law on Firearms aboutis defined whether as a protection a weapon wasmeasure. or could Procedures be used byof Riskan abuser. Assessment obliges police officers to provide information officers to determine whether weapons are present, and

Box 6 Strategies for for granting a permit to purchase, possess and Protection from Domestic carry firearms; include all criminal offences as well as misdemeanours with elements of violence Violence and SALW as a restriction to obtain a permit irrespectively of type and degree of sentence; protections measures Strategies for combating domestic violence and against an applicant or postponement of criminal violence against women, adopted in most of the sentence/suspended sentence to be included in region, rarely address SALW practices, either in the Law on Firearms and Ammunition as grounds terms of effects on women and men, nor gender which prevent granting a permit, to regulate disparity with regards to the ownership and seizure of firearms for a member of the security misuse of firearms. While most gender equality and forces when there are protections measures against domestic violence strategies envisage a certain set them in place or the postponement of a criminal of measures aimed at changing prevailing gender sentence/suspended sentence has been applied, patterns, no direct link between gender roles and introduce spousal notification and notification of SALW practices and armed violence, have been other family members about submitted applications sufficiently recognized, and the differentiated effects for acquisition of firearms, and establish a registry of firearms on women and men, mechanisms in of members of shooting and hunting clubs. which gender roles shape dominant SALW practices in SEE, are not duly addressed. Several important factors were detectedii. A broad participatory process of policy development However, the 2015 to 2020 Programme on the enabled a dialogue among different actors. The Protection of Women against Domestic and author of the SEESAC-supported comparative Intimate Partner Violence and Other Forms of study on the linkages between firearm possession Gender-Based Violence in the Autonomous Province and domestic violence participated in the working of Vojvodina in Serbia, as well as the Strategy for group and contributed the expertise generated the Protection against Domestic and Other forms through this study. Women’s organizations of Gender-Based Violence 2008 (which preceded facilitated the policy solutions with their knowledge the Programme) contain recommendations for the of domestic violence and hands-on experience improvement of the legal framework regulating with the misuse of firearms within the context of SALW with respect to domestic violence. A wide domestic violence, while law enforcement officers range of recommendations have been envisaged, put forward their suggestions for amendments to such as: to increase the requirements to be met the legislation on firearms. Policy Response – Document Review 51

adequately address the complexity of domestic violence. There are several aspects of domestic violence that limit the Box 7 Framing the Violence

effectiveness of laws regulating firearms and call for more In spite of visible attempts to tackle domestic Thespecific prevalent responses. practice of obligatory background checks can violence, there is a tendency in legislative an enforceable sentence was imposed for domestic violence, frameworks on SALW in the SEE region, for the eithereffectively as a preventcriminal the offence purchasing or a misdemeanour, or carrying of if firearms there are if ways in which domestic violence is framed to other records of violent behaviour or particular attention is vary greatly. Laws in Albania and Montenegro paid to domestic violence when security vetting is performed. This, however, does not capture the full occurrence of refer explicitly to domestic violence (Albania, domestic violence. For instance, `the withdrawal of gun rights Law on Weapons, Article 34, 2014); Montenegro, following IPV incidents and the use of risk assessment for Law on Arms, Article 13, 2015), while in Kosovo intimate partner homicide may help prevent subsequent violence, but only if cases are reported, which only the domestic violence is referred to within the minority are´ (Shaw, 2013, p.17). framework of danger to public order and public As observed previously, domestic violence in the majority safety (Law on Weapons, Articles 7 and 10, of cases goes unreported, which hinders the effectiveness 2015). The Serbian Law on Weapons refers to of policy interventions and limits the application of legal domestic violence within the group of crimes provisions. For instance, two studies conducted in Serbia showed that domestic violence was reported to the police against marriage and family (Law on Weapons, Article 11, 2015), while the former Yugoslav in less than 25 per cent of cases (Nikolic – Ristanovic et Republic of Macedonia refers to severely competental., 2009; Babović, institutions Ginić, most Vuković, often 2010). do not This have is information below the on disturbed relationships, which is also the case in violencereporting and rate consequently of other criminal cannot offences, act upon which this confirmsinformation, that most of laws in force in Bosnia and Herzegovina. rendering the effectiveness of legal measures to restrict access to abusers ineffective. Bearing in mind that this form of violence disproportionately affects women, it should be Furthermore, even when violence is reported, the soft penal policy often leads to the rejection of most charges. examined whether different framing could have For example, a study on the response of the criminal-justice different implications in institutional response. Certain terminology might diminish the system to domestic violence (Jovanović, Simeunović Pantić, seriousness of real risks and also ignore gender Macanović, 2012) showed that criminal charges were misbalance or gender asymmetry of power and casesrejected are by those prosecutors involving in partner 66.7 per violence. cent of cases, As observed mostly due to insufficient evidence, while the majority of such rejected responsibility between victim and perpetrator, and consequently ignore safety concerns for the offenderamong court was decisions,sentenced. suspended Extenuating sentences circumstances dominate were (74.3 victim (Ignjatović, 2011, p.31-32). per cent), above all through probation, while only every fifth ones are no prior sentences (23.7 per cent) and parenthood found in 90.1 per cent of cases, among which the prevailing 3.2.4 Challenges to Policy understanding of domestic violence and power relations Interventions within(21.4 per this cent) context. (Ibid., p. 10) which indicates a lack of An analysis of the court decisions in the former Yugoslav Republic of Macedonia regarding the imposed sanctions areDespite still restrictedrecognizing in riskstheir associatedscope and dowith not the manage presence to of for criminal offences committed n the context of domestic firearms in the domestic context, legislative interventions 52 Policy Response – Document Review

violence, concluded `that the use of alternative measures shows that despite legal provisions, serious omissions in is more frequent for persons convicted for family violence, which indicates that the goal of punishment for this category It was revealed that in reviewed cases of violence police of convicted persons is more frequently expected to be institutional response were reported in 12 out of 14 cases. achieved through warning with the threat of punishment. This indicates that systematic punishment of perpetrators of officers did not always check whether a person suspected of this particular crime is biased and not consistent´ (Mirceva, domestic violence possessed firearms and/or did not always thetake person firearms suspected away from was a notsuspected registered person. as `committing Furthermore, the criminalin certain offence instances, or misdemeanour´ a firearm was not while removed in the becauseaftermath of ItCaceva, should Kenig, be also 2014, determined p. 47). if legislative responses to domestic violence such as deferring criminal prosecution The Ombudsman therefore recommended to the Ministry ofone Interior such incident that it `should a woman analyse was killed the reasons with such why a suchfirearm. lethal outcome. The same should be addressed in terms of certainaffects the general access tendencies to firearms of andjudicial the proceedingsincrease of the of risksdomestic of were not conducted and preventive measures applied´ violence such as the frequent withdrawal of women from omissions in practice occurred and why checks on firearms court processes, or the issuing of simple warnings by police in domestic violence incidents, which is in some cases the A(Zaštitnik comparative građana, analysis 2016 on p.4). the implementation of the Istanbul dominant response of the police. According to data from the Convention in the region and obligations of institutions to carry out assessment of the lethality risk, including possession or requests for police interventions for protection from domestic 8) points out that systemic risk violence,Provincial warnings Ombudsman were in the Vojvodina, most frequent in 2015 measure out of 8,133taken assessment with the aim of risk management has still not been accessfully developed. to firearms It either(Article does 51 not reach standards set by the resolved this way. Convention (Serbia) or legislative provisions are not adequately by police officers – a total of 77 per cent of incidents were Data collected by SEESAC in cooperation with SALW former Yugoslav Republic of Macedonia) (Database Analysis commissions in SEE regions indicate that domestic violence ofimplemented Compliance (Bosnia of National and Standards,Herzegovina, Legislation Montenegro and andPublic the is rarely invoked as a grounds for restriction to a firearm RecentlyPolicies with reformed the Istanbul legislation Convention, can also 2016). provide only numberlicense. For of cases instance, of license in Bosnia rejection and Herzegovina were the reasons in the relatedperiod fromto domestic 2011-2015, violence. in only In inMontenegro 3.3 per cent in of the the same total possession. In that regard, a set of innovative measures needslimited to responses be developed to problems in order related to tackle to the firearms wide availabilityin illegal of a license was denied due to domestic violence. While scarceperiod, data there prevents were no better cases understandingin which the authorization of prevailing practices, the fact that domestic violence constitutes only and easy access to firearms and also to translate illegally possessed firearms into legal possession. Registration of firearms would be a key tool in `allowing police to remove eventuallya small minority revision of reasonsof existing for legislation firearm licence and practices. denial may firearms in situations of domestic violence and enforce Atbe theindicative same time, and definitelymore thorough calls for insight further into research the overall and Inprohibition addition, orders´in order (Cukier to tackle and domestic Cairns, violence2009, p. 40).more structure of the most frequent reasons for the ban of effectively, beyond the general measures to restrict access

measures, both preventive and reactive, is needed, which Infirearms this regard, licenses gaps is in urgent. implementation appear to be wouldto firearms better discussed target the above, phenomenon a set of specific, of domestic tailor-made violence persistent. For instance, a recent investigation of intimate and the fact that it happens in the domestic sphere. This is partner femicide initiated by the Serbian Ombudsman

necessary since general measures do not necessarily benefit

1 Parties shall take the necessary legislative or other measures to ensure that an assessment of the lethality risk, the seriousness of the situation and 8 Articlethe 51 risk – Risk of repeated assessment violence and riskis carried management out by all relevant authorities in order to manage the risk and if necessary to provide co-ordinated safety and support. 2 Parties shall take the necessary legislative or other measures to ensure that the assessment referred to in paragraph 1 duly takes into account, at all stages of the investigation and application of protective measures, the fact that perpetrators of acts of violence covered by the scope of this Convention

possess or have access to firearms. Policy Response – Document Review 53

is therefore necessary to have consistent and clear reference Africa that showed that legislative reforms (Gun Control both women and men. The findings of a study in South decrease in gun-related homicides and the `reduction in to3.2.5 violence´ Good (Ibid. Practices: p.198). Australia and Legislation) introduced in the late 1990s led to the sharp female homicide which is consistent with a decline in overall Canada homicides in South Africa, but the decline was less among Examples from a number of countries show the potential positive impact of targeted policy interventions. For instance, (cases of) intimate femicide´ (Abrahams, Mathews, Jewkes, legislative reforms with respect to ownership and licensing Martin and Lombard, 2012, p. 4). This highlights the necessity undertaken in Canada and Australia correlate with a decrease measuresthat any general if it is to strengthening be effective in of tackling firearms domestic legislation violence. has to be accompanied with clearly articulated gender specific per cent in Australia) and particularly the female homicide Despite recent progress in adopting a set of legal provisions in the overall homicide rate (15 per cent in Canada and 45 regulating civilian possession and broadly linking it to domestic violence, the high share of women killed by betweenrate (45 per introducing cent in Canada tougher and weapon 57 percent control in Australia)measures (IPU,and aCHD, decrease 2007, in p. the86), lethality which indicates of the outcome that there in cases is a strong of intimate link offirearms the legislative within the framework domestic regulating context in civilian SEE is persistent.possession It is therefore necessary to scrutinize the actual implementation and map the gaps which lead to the high share of women partner violence (AI, IANSA, OI, p. 14). potential blockages or obstacles to the effective enforcement One of the most recognized measures in this regard is spouse ofmurdered. existing laws,In doing as well so, `specific as forecasting analysis issues is required related to to identify applicationnotification, process which was for obtainingfirst developed a license in Canada to possess and ahas been widely promoted. Spouse notification was included is necessary to `determine whether a law is actually doing enforcement capacity´ (UNDP, 2008, p. 9). In that regard, it what it was designed to do´ and, in this process, to use a `wide firearm (Possession and Acquisition License - PAL). Namely, range of criteria´ which would better capture the complexity Despiteif an individual the fact wishes that the to spouse’s obtain a consent firearm islicense, not required, her/his of domestic violence. incurrent the event and thatformer a spouse spouses has (last any 2 suspicions, years) are ato second be notified. revision of the application will be initiated. Furthermore, a PAL application will be reviewed in the case of any report of crimes, including domestic violence (CGA, p. 2). toLaws provide on firearms more effective have an measures important to role combat in this domestic process violence,because they regulate firearm licenses. However, in order it is necessary to establish a coordinated and This built upon previously adopted measures as a response coherent institutional response and build stronger links between firearms and domestic violence legislation. At the moment, such legislation is not always coherent. violenceto the lethality such as: of thefirearms strengthening in the domestic and improvement context and of the the screeningrestriction process of access and to thefirearms fact that to perpetrators `extensive background of domestic Along with this, it should be also taken into account how the checks are conducted on every person who applies for a wider context of gender inequality and the socio- cultural intended to ensure that license eligibility is immediately of SALW control frameworks, as well as legislative efforts to reviewedlicense and when continuous there is monitoringa domestic violenceof firearm incident´ licensees (Ibid., is 2). curbconditioning domestic of violence. dominant A genderrecent study regimes on affectthe effectiveness the efficacy of systemic mechanisms to prevent violence against Legislative reforms in Australia aimed, among other issues, women and domestic violence underlines that `problems violence and numerous provisions were introduced. The to address the use of firearms in the context of domestic furtherin the application aggravated of by the social laws and can cultural be created factors by conflicting and factors definitions of what constitutes domestic violence´, which is groundsFirearms that Act the(1996) licensee introduces has been mandatory charged with,suspension committed of an oradult threatened firearm license to commit `if the a domestic registrar violencebelieves offence.on reasonable A license interpretativeassociated with framework´ tradition (Ignjatović, in which domestic Pavlovic, violence Babic, Lukic, is is automatically suspended under the Domestic Violence understood2015, p. 198). as These `natural, factors expected altogether and hardly present changeable´ a `main and and Protection Orders Act 2008, if the Magistrates Court which also influence how a system interprets the problem. It 54 Policy Response – Document Review

makes an interim protection order unless the court orders otherwise. Under that section, the Magistrates Court may 3.3 Gender Equality Legislative and

Aalso license order is seizure also automatically of the license, suspended and seizure under and the detention Domestic of Strategic Framework in Violencefirearms and ammunition,Protection Orders for the Act period 2008, of (s the 80 interim - Firearms order. and SEE and SALW Control

Legislative and policy frameworks on gender equality do emergency orders) if a judicial officer makes an emergency not refer directly to small arms and light weapons, but there periodorder. The of the officer emergency may also order. order If seizurethe registrar of the suspends license, and a are numerous policy intersections which play a role in the licenseseizure underand detention this section, of firearms the registrar and ammunition, must give written for the creation of enabling social context for effective, sustainable and long term SALW control solutions. Both the laws and strategies on gender equality provide important entry notice of the decision to the licensee (see s 260)´. points, thus offering possibilities to tackle certain crucial Box 8 Other Legislative gender-related aspects of SALW control that are not being Concerns – Age Limit for License Authorization differentiatedaddressed in the impact SALW of framework SALW on women but significantly and men, theimpact role ofthe masculinity effectiveness and of the policies gun culture in this field.in shaping These demand include: for the

Young men across the region are disproportionately as well as addressing women’s and men’s attitudes to small arms and generating specific risk-taking behaviours, represented both among perpetrators and victims also help overcome recurrent challenges in mainstreaming of firearm-related incidents. Gender and age genderSALW. Synchronizingin SALW control these related two to:broad the frameworkslack of gender could therefore present strong predictors of armed gender mainstreaming and the balanced participation of violence. Given this, legislative provisions can also womendisaggregated and men data, in policynon-utilization making, as of wellgender as the analysis inclusion and play a role in reducing these specific gender-related in this process. risks by focusing on young men. of women’s organizations and gender equality mechanisms In this regard, the following legal provisions or measures In terms of the age limit set as a competency that are common in gender equality policies in SEE are of particular importance and need to be closely integrated criterion, the situation varies across the region. into the SALW policy framework: Most legislation sets the age range at which one may possess a firearm usually between 18 to 21. practical implementation and advancement Only in Albania is the age limit set at the age of • ofThe gender general equality obligation through of all development institutions toand ensure 25, in order to restrict the access of young men enforcement of normative acts, plans, programmes and policies with the aim of promoting gender to firearms and eventually reduce the risk they equality in their sphere of competence, generate, but are also exposed to. cycle of policy making and the development of • practicalRequirements tools tofor include that purpose, gender analysis in every In this regard, policy makers in the rest of the SEE region should take into consideration across government departments, most often with • Establishment of gender equality infrastructure how increasing this competency criteria, gender focal points, accompanied with other policy measures, could women and men in all government bodies and play a role in tackling this societal problem. • policySetting making, standards for balanced representation of

• Improving the practice of gender disaggregated data Policy Response – Document Review 55

collection through provisions that all statistical data and records collected, recorded and processed by institutions must be gender disaggregated, • areIntegration of particular of the interest gender for perspective SALW: restriction across policy of stereotyping,fields, some of the which, representation beside the securityof women sector, and men domestic violence, in education or similar initiatives in media. • Prioritizing combating violence against women and 56 Overview of Key Findings

4 Overview of Key Findings

This section sums up the conclusions from each chapter and pulls out overarching findings, organizing them in line with the objectives of the study, outlining the linkages between dominant gender patterns in SEE and SALW-related behaviour, and summarizing the main findings of the review of the legislative and policy SALW frameworks. Finally, it identifies the emerging gender responsive trends, practices and enabling factors.

4.1.1 Main Gender Concerns Related In all societies in SEE, young men are disproportionately to SALW in SEE represented both among perpetrators and victims. The discrepancy in attitudes toward SALW between The analysis of the available gender disaggregated data and women and men is evident and it builds on their different gender patterns and unequal power relations between the review of existing literature has confirmed that prevailing differences in perceptions of personal and family safety women and men play an important role in shaping and experiences with respect to firearms. It also indicates region, women tend to have a more negative attitude toward use and misuse. and it has a potential to influence policy. Across the SEE influencing prevailing SALW practices and the effects of SALW advocated for stricter SALW control. However, women are In terms of differentiated effects of SALW on women and men, stillSALW underrepresented and many women’s in the organizations policy making have process persistently and institutions in charge of SALW control. within the region), men account for an absolute majority of it is evident that, across SEE (but with significant differences related incidents (over 80 per cent). Women are very rarely 4.1.2 Legislative and Policy Response perpetratorsboth perpetrators of these (over incidents 97 per cent)(1-3 per and cent victims of cases), of firearm- but are in SEE percent). significantly more represented among victims (from 9 to 22 policies regulating SALW in SEE do not address gender • issuesDespite in the a way highly to match gendered the scaledimensions of the problem. of SALW, in domestic violence incidents, affects women much more oftenWith respectthan men. to domestic Intimate violence,partner femicide, the presence one ofof thefirearms leading gender concerns in legislation, they are being tackled causes of female homicide, is rarely represented among men, • onlyIf attempts sporadically are made and in in order a fragmented to address and/or existing a which clearly indicates the gender-based nature of domestic violence through the regulation of civilian possession. is widespread and increases the risks of a lethal outcome. gender-blind manner, primarily in the field of domestic Onlyviolence. Moldova The misuse stands ofout firearms as an exception, within the which domestic has the context been made in terms of adopting a set of legal provisions highest femicide rate in the region, but with a comparatively • regulatingIn laws on firearmscivilian possession in SEE, significant and linking progress it to domestic has

or remove weapons if domestic violence occurs are in Althoughlow use of still firearms. under-researched, these dominant patterns violence. These provisions to restrict access to firearms of other laws, such as laws against domestic violence, society´ and prevailing norms of manliness could fuel risk- lawsplace on in criminalalmost all code laws procedures on firearms and in thelaws region. on policing A set takingare often behaviour. `associated In termswith a of specific ownership, form ofmale masculinity dominance in a also regulate this issue although they are not always necessarily coherent. In spite of the recent legislative reaches over 95 per cent and this gendered pattern of demand for firearms seems to be rather stable over time. changes, the high share of women killed by firearms Overview of Key Findings 57

within the domestic context in SEE is persistent. These SALW thorough evaluation of the actual legislative and strategic frameworks most often implementation of the legislative framework • overlookThe final outcome the gender of this differentiated approach is thatsecurity regulatingfigures call forcivilian the possession and mapping of the needs and concerns of women and men and gaps in the framework to serve as a starting point therefore reduce the complexity of the policy for future legislative reforms. problem. In doing so, they presuppose that

response to domestic violence note the strength that they can be addressed in the same manner • ofRecent gender studies norms on the and effectiveness resulting inequalities of the institutional irrespectivelysecurity needs of are gender, common age, for etc. all It citizens therefore and which foster stereotypes and influence the implementation of the law in practice. planned measures and interventions will lead to the reflects the presumption that the implementation of emerging • context,Concerning in addition the legislative to existing response measures to the (such misuse as trendsincreased in policysecurity making of all citizens.which try to approach the of firearms in illegal possession within domestic • At the same time, there are some solutions should be designed to tackle this issue more meaningful integration of the gender perspective. effectively.legalization of illegal firearms) new and innovative Althoughproblem differently these emerging and recognize practices entry represent points for policy frameworks (SALW control piecemeal interventions, they could provide strategies and accompanying action plans) the important learning opportunities and could serve • prevailingIn terms of tendency in response is that the main as impetus for further development of gender responsive SALW policies that would approach important policy issues that need to be adequately the problem in a more comprehensive and holistic addressed.gender concerns Gender are is not therefore being recognized being significantly as manner, which would therefore more adequately under-prioritized in SALW policy agendas. match the full scale of the problem. In that regard, it is essential that funding of gender sensitive to gender equality and gender mainstreaming, but activities is transparent and political commitments • evenOnly exceptionallythen it is not being is there articulated a formal commitmentwith a systemic to gender equality are accompanied with budgetary approach. allocations. comprehensive research on linkages between gender commitments in term of sufficient financial • andThe SALWlack of is gender persistent disaggregated in representing data or a hindering equality institutions in policy development, and factor for the development of gender responsive • awarenessFormal commitment, among SALW participation decision makers of gender have been

recognition of the problem. of the gender perspective in the SALW framework. SALW policies and contributes to the insufficient recognized as factors that facilitate the integration process further makes gender concerns related to and policy frameworks do not refer directly to • SALWThe absence invisible of andgender consequently analysis in notthe apolicy matter making of, or • SALW,Finally, they although provide gender important equality entry legislative points for only sporadically a matter of, policy intervention. gender responsive SALW control policy making • The low recognition of gender differences through tackling the socio-cultural conditioning with respect to ownership, use and misuse of of SALW behaviour and could therefore advance firearms, the differentiated effects of firearms the effectiveness of SALW control activities. In on women and men or mechanisms as a policy order to achieve this, the establishment of closer issue in SALW control strategies in SEE is in links between the SALW policy framework and sharp contrast with the highly gendered effects the gender equality policy framework needs to be of SALW. encouraged. 58 Recommendations

5 Recommendations

The findings in this Study have resulted in a number of recommendations for concrete steps that should be taken to enhance and support the integration of the gender perspective within SALW control policies. Since it was recognized that methodological guidelines would significantly facilitate this process, a practical tool for gender responsive evidence-based policy making has also been developed to accompany this Study.

For ease of reference, the recommendations are grouped according to the main challenges identified in the Study:

1. Data collection 2. Capacity building and fostering an enabling environment 3. Research and knowledge production 4. Policy response to the main concerns

5.1.1 Data Collection perpetrators of domestic violence committed of firearm-related incidents, victims and The persistent lack of gender disaggregated data victims and perpetrators of other types of with firearms, victim-perpetrator relationship, consequently hinders the development of gender responsivesignificantly policies. affects theIn order visibility to overcome of the problem this, it andis sexual, physical, psychological violence, stalking, violence committed with firearms (criminal, recommended to: and persons who handed in SALW during campaigns;organized crime, schools, youth gangs), owners administrative data collection practices in order • to:Conduct map the an extensiveavailable genderreview disaggregatedof the current collection among members of SALW commissions • Encourage the exchange of experiences in data data, map missing data, identify gaps in data in SEE and their counterparts from other collection in terms of legislative, policy, human countries and territories; resources and budgetary allocations and provide recommendations for the advancement of current producers and diverse data users (SALW • In this way, a wider dialogue between data practices; commissions and other state institutions, gender equality institutions, statistical departments in collection and enabling factors including • legislativeMap good practicesand policy in provisions administrative and preconditions data MoI, civil society organizations, university and related to human resources; etc.) can be encouraged; research institutions, international organizations disaggregated data into regular administrative inform indicators for SALW control strategies • Provide gender disaggregated data which would • dataFully collection integrate thepractices; collection of gender and action plans in order to advance gender responsive evidence based policy making. Based individuals is collected, collated and presented on that, a Gender and SALW baseline study should • soEnsure that itthat is disaggregated all SALW-related by genderstatistics and on other be developed; characteristics such as age when relevant. This should include but not be limited to gender practices to ensure diversity in approaches, • Support and scale-up existing data collection disaggregated data on: victims and perpetrators methodologies and sources (such as the online Recommendations 59

platform “Targeting Weapons” that collects data members of SALW commissions and employees in • Trainings on gender disaggregated statistics for trackingon firearms by theincidents Violence in Serbiaagainst and Women is used Network); to analyse trends in the use of firearms, or femicide commissionsstatistical departments in developing/revising should be organized; SALW controls intimate partner, domestic and other forms of • strategiesExpert assistance and action should plans be in provided order to to facilitate SALW the • genderData collection based violence, on violence femicide against committed women, by integration of the gender perspective into the SALW policy framework and for those that have already domestic and gender based violence should be started to scale-up their activities; improved;firearms, including institutional response to commissions, particularly high ranked members, captures the use and misuse of both legal and • Gender coaching for members of SALW • illegalWhen dataSALW. is collected, ensure that it fully should be organized over a longer period of time; 5.1.2 Capacity Building and Fostering • Trainings on the gender aspect of SALW should be organized for other stakeholders: gender equality an Enabling Environment whichinstitutions, oversee civil institutional society organizations, response; particularly women’s organizations, as well as regulatory bodies performance based budgeting for members makers are facing challenges in mainstreaming gender • Trainings on gender responsive budgeting and The findings of this Study clearly indicate that policy of SALW Commissions as a tool to facilitate implementation of gender commitments and SALW control strategies in general should be policyand that making. insufficient In order recognition to overcome of linkages this, the between following is designed and delivered; recommended:gender and SALW leads to its under-prioritization in

• theInformation committee sessions on security on gender and the and committee SALW should on be gender responsive evidence based policy making genderorganized equality, for members but also of other parliaments, relevant particularlydecision • shouldNeeds assessment be undertaken of SALW and, basedcommissions on that, for a makers in MoI, including gender focal points in all combination of tailor made capacity building relevant ministries. activities should be planned;

gender analysis and gender mainstreaming, with 5.1.3 Research and Knowledge • specialTraining emphasis for policy on makers linkages in betweengender equality, gender and Management SALW, institutional responses to violence against women, intimate partner and domestic violence, integrated and visible in all research and resulting • SALWThe gender knowledge perspective products, should particularly be consistently studies of and legislative and policy standards in this field the impact of SALW proliferation on societies, that should be organized; are envisaged in many SALW strategies; • menWhenever should capacity be ensured; building activities are organized, a balanced participation of women and purpose should be developed and used; • A hands-on methodological guidance for that • Tailor-made trainings on evidence based policy planned, designed and implemented, stakeholders commissionsmaking in the with field special of SALW emphasis control shouldon the human • withWhen gender SALW-related expertise research should beand involved surveys from are the securitybe organized dimension for the and representatives gender equality of SALW aspects; initial stage;

gender and SALW; learning opportunities should they should be designed to capture gender aspects • includeEnsure transferexchange of of knowledge information on andlinkages experience between • ofWhen the issueSALW-related surveyed opinion and all datapolls should are commissioned, be gender between SALW commissions and gender equality disaggregated and presented accordingly; mechanisms, women NGOs, gender experts and practitioners; and used to inform policy making. • The generated research should be widely available 60 Recommendations

5.1.4 Policy Response to Main recommendations should be developed about Concerns • howAccording to increase to the the findings coherence of the in evaluation, the legislative and policy response to the risks induced by the to key gender-related concerns have been very weak in The findings in this Study indicate that policy responses particular focus on prevention practices; the SEE region. Since a tailor-made approach and context- presence of firearms in the domestic context with aware approach is needed to tackle these patterns framework and laws regulating response to effectively and sustainably, this section does not intend to • domesticStronger linksand intimate between partner the SALW violence legislative should be established; general priorities. Some general remarks, primarily those thatprovide relate specific to data recommendations, collection and balanced but rather participation to outline as the domestic violence fatality review, should of women and men in policy making are cross-cutting • bePractices scaled-up already in order being to used better in mapthe region, gaps in such here. In addition, the research generated under the legislative and institutional response and propose recommendations of the previous sections should be amendments; constantly used in devising policies. collaborative approach should be encouraged with Differentiated Effects of SALW on Women and Men • When policies in this field are being developed, a violence. women’s organizations that deal with domestic more comprehensively and in a more nuanced Gender and Demand for Small Arms – Masculinity • mannerAdditional how research gender should serves beas groundsinitiated forto capture differentiation of SALW risks and effects on women and men, girls and boys. Research should not only • menExtensive should mapping be undertaken; of programmes aimed at in other forms of violence (psychological, sexual, reducing firearm-related violence among young physical,address fatal economic, events, stalking, but also etc.);the misuse of firearms programmes addressing young men should be • developedBased on that, and specificpiloted; and contextualized • informApart from other being policies: mainstreamed strategies forinto national the SALW security, to bring insight into the social and cultural community-orientedpolicy framework, these policing findings strategies, should strategiesbe used to • conditioningAdditional research of masculinity should beand initiated risk-taking in order for the advancement of gender equality, strategies to combat domestic violence, youth strategies and and cultural channels for this conditioning; adequate measures should be proposed. behaviours in regard to firearms as well as social

Domestic Violence • violenceParticular and research the factors and policywhich concernsfuel risk-taking should behaviour.be devoted to young men’s exposure to firearm domestic violence in terms of the regulation of Gender Attitudes and the Political Process • civilianWith respect possession, to the SALWan extensive legislative evaluation response should to be undertaken to review the effectiveness of the legal and institutional response to restrict access institutional factors which hinder women’s • participationMapping and addressingin policy making social, should cultural be and included intimate partner violence. In this regard, storage in the SALW policy framework; andto firearms safekeeping in the practices context ofshould domestic also violencebe reviewed and in the context of domestic violence; particular, as well as gender equality institutions • areEnsure involved that women, in the development and women’s of organizations SALW in reform should be tabled and new measures • Based on that, an informed proposal for legislative legislative and policy frameworks. domestic violence as stipulated in the standards of theadopted, Istanbul targeting Convention; the gender specific nature of Annexes 61

6 Annexes

6.1 Annex 1: List of Reviewed Documents

No Document

1. Law on Weapons 2. Law on Gender Equality in Albania Albania 3. Law on Measures against Violence in Family Relations 4. National Strategy on Gender Equality and Reduction of Domestic Violence 5.

6. Law on Acquiring,Weapons and Holding Ammunition and Carrying in Herzegovina-Neretva Weapons in Sarajevo Canton Canton 7.

8. Law on Acquiring, Holding and Carrying weaponsWeapons in Bosnian-PodrinjePosavina Canton Canton Gorazde 9.

10. Law on Weapons and Ammunition in TuzlaUna-Sana Canton Canton Bosnia and 11. Law on Acquiring, Holding and Carrying Weapons in Zenica Doboj Canton 12. Herzegovina

13. Strategy for SALW Control in Bosnia and Herzegovina with Action Plan 2013-2016 14. StrategyLaw on Gender for SALW Equality Control in Bosnia and Herzegovina with Action Plan 2016-2020 15. Gender Action Plan 2013-2017 16. Strategy for Prevention and Combat against Domestic Violence 2013-2017 2011 17. Law on Weapons 18.

19. NationalLaw on Gender SALW ControlEquality and Collection Strategy and Action Plan 2013-2016 20. Programme for Gender Equality Kosovo 21.

22. ProgrammeLaw on Police against Domestic Violence and Action Plan 2011-2014 23. Law on the Regime of Firearms and Ammunition for Civilian Use 24. National Strategy on Gender Equality Moldova 25. Law on Preventing and Combating Family Violence 26. Law on Arms 27. Strategy for the Control and Reduction of SALW and Ammunition and Action Plan 2013-2018 28. Law on Gender Equality Montenegro 29. Law on Domestic Violence Protection 30. Protocol on Actions, Prevention of and Protection Against Family Violence 31. Action Plan for Achieving Gender Equality 2013-2017 62 Annexes

No Document

32. Law on Weapons and Ammunition 33.

34. StrategyLaw on Gender on SALW Equality Control 2010 – 2015 National Strategy for Preventing and Combating Violence against Women in Family and in Inti- 35. The Republic of Serbia 36. mate Partner Relationships 20120-2015 National Strategy for Gender Equality with Action Plan 2016-2020 37. against Women in Serbia Special Protocol on Conduct of Police Officers in Cases of Domestic and Intimate Partner Violence Program on the Protection of Women from Domestic and Intimate Partner Violence and Other 38.

39. FormsLaw on of Weapons Gender Based Violence in AP Vojvodina from 2015 to 2020 40. The National Strategy on SALW Control the former Yugoslav Republic 41. Law on Equal Opportunities of Women and Men of Macedonia 42. Strategy on Gender Equality for 2013-2020

6.2 Annex 2: List of Interviewees

In Alphabetical Order

1. Human Rights Associate, Protector of Citizens – Ombudsman of the Autonomous Province of Vojvodina

2. AndrijanaBesnik Sallahu, Čović, Chief of Sector for Interpol – ILECU- Pristina, Directorate for International Cooperation in the Rule of Law 3. Executive Director, Autonomous Women’s Centre

4. Bobana Macanović, of the former Yugoslav Republic of Macedonia 5. Duško Ivanov, Chairman of the SALW Commission 6. ErminLenjani, Pešto, Z. Basri, Chairman Dr. sc, Directorof the SALW of Emergency Coordination Clinic Body Pristina, Spec. of Emergency Medicine 7. Senior Officer for Gender Equality, Provincial Secretariat for Social Policy, Demography and Gender Equality

8. MensurMarina Ileš,Hoti, Head of the National SALW Commission of Kosovo, Director of the Department of Public Safety President of the SALW Commission of Montenegro, Ministry of Interior / Directorate of Police, Chief 9. Police Inspector Mladen Marković, Chairman of the SALW Council of the Republic of Serbia, Assistant of Head of Administration Department, 10. Police Directorate Miljko Simović, 11. Programme Coordinator, Autonomous Women’s Centre

Tanja Ignjatović, Annexes 63

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< http://www.smallarmssurvey.org/fileadmin/docs/H-Research_Notes/SAS-Research-Note-45.pdf>Firearms Possession and Domestic Violence in the Western Balkans: A Comparative Study of Legislation and Implementation Mechanisms. Belgrade: SEESAC Dokmanović. Mirjana. 2007. http://www.seesac.org/f/docs/Gender-and-Security/FIREARMS-POSSESSION-AND-DOMESTIC-VIOLENCE-IN-THE-WESTERN-BAL-

KANS-EN.pdf Firearms and Violent Deaths in Europe. Brussels: Flemish Peace Institute. Arms Survey 2014: Women and Guns. Cambridge: Cambridge University Press. - Dziewanski. Dariusz, Emile LeBrun, and Mihaela Racovita. 2014. 'In War and Peace: Violence against Women and Girls'. In Gender Perspectives on Small Arms and Light Weapons: Regional and Interna- tional Concerns. Bonn: Bonn International Centre for Conversion. Farr, Vanessa A. and Kiflemariam Gebre-Wold (eds.). 2002. Farr, Vanessa A. 2002. 'A Gendered Analysis of International Agreements on Small Arms and Light Weapons'. In Gender Perspectives on Small Arms and Light Weapons: Regional and International Concerns, Bonn International Centre for Conversion. edited by Vanessa A. and Kiflemariam Gebre-Wold (eds.). Bonn: Annexes 65

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Gender Mainstreaming Manual. A Book of Practical Methods< from http://www.ipu.org/PDF/publications/missing_en.pdf> the Swedish Gender Mainstreaming Support Committee. JämStöd. 2007. Stockholm: Swedish Government Official Reports. < http://www.includegender.org/wp-ontent/uploads/2014/02/gender_mainstreaming_manual.pdf>Krivičnopravni odgovor na nasilje u porodici u Vojvodini. Novi - Jovanović, Sladjana, Biljana Simeunović Pantić, Vanja Macanović. 2012. Sad: Pokrajinski sekretarijat za privredu, zapošljavanje i ravnopravnost polova. < http://hocudaznas.org/hocudaznas/wp-content/up loads/2014/08/krivicno-pravni-odgovor-na-nasilje-u-porodici-u-vojvodini.pdf>Small Arms and Gender Based Violence in Montenegro. Podgorica: UNDP Montenegro. http://www.seesac.org/f/ docs/Gender-and-Security/SMALL-ARMS-AND-GENDER-BASED-VIOLENCE-IN-MONTENEGRO-EN.pdf Krkeljić. Ljiljana. 2007. Law Centre to Prevent Gun Violence. 'Domestic Violence and Firearms'. Mankowski, Eric. 2013. 'Antecedents to Gun Violence: Gender and Culture'. In Gun violence: Prediction, Prevention, and Policy. American Psychological Association. http://www.apa.org/pubs/info/ reports/gun-violence-prevention.aspx . Voice for Justice: Research Report. Assessment of court proceedings in Domestic Violence cases, with specific focus on assessing the case management from gender perspective Mircheva, Stojanka, Violeta Chacheva and Nikolina Kenig. 2014 . Skopje: UKIM, Institute for Social, PoliticalMoser, Annalise. and Juridical 2007. Research. Gender and Indicators. Overview Report. Institute of Development Studies. Femicid – Ubistva žena u Srbiji. Kvantitativno - narativni izveštaj 2015. godina. -

Mreža `Žene protiv nasilja´. 2016. http://www.zeneprotiv nasilja.net/images/pdf/FEMICID-Kvantitativno-narativni_izvestaj_za_2015_godinu.pdfNasilje u porodici u Vojvodini. - nost polova. Nikolić-Ristanović, Vesna et al. 2010. Novi Sad: Pokrajinski sekretarijat za rad, zapošljavanje i ravnoprav OSAGI.2001. Important< http://hocudaznas.org/hocudaznas/wp-content/uploads/2014/08/nasilje-u-porodici-u-vojvodini.pdf> Concept Underlying Gender Mainstreaming. - Page, Ella. 2009. 'Men, Masculinity and Guns: Can We Break the Link?'. IANSA. < http://iansa-women.org/sites/default/files/news views/iansa_wn_masculinities_paper-2009.pdf> Geneva Declaration Secretariatt, Global Burden of Armed Violence 2015: Every Body Counts. Cambridge: Cambridge University Racovita, Michaela. 2015. 'Lethal Violence against Women and Girls'. In Small Arms Survey: Women and Guns. Cambridge: Cambridge University Press. SAS (Small Arms Survey). 2014a. 66 Annexes

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SAS (Small Arms Survey). 2014b. http://www.smallarmssurvey.org/filead min/docs/H-Research_Notes/SAS-Research-Note-45.pdf Living with the Legacy. SALW Survey Republic of Serbia. Belgrade: UNDP Serbia and Montengro UNDP Small Arms Control in Serbia and Montenegro (SACISCG).2005. Gender Awareness in Research on Small Arms and Light Weapons: A Prelimi- nary Report. Bern: Swisspeace. Schroeder, Emily, Vanessa Farr and Albrecht Schnabel. 2005. Small Arms Survey 2005: Weapons at War. Cambridge: Cambridge University Press. - Schwandner-Sievers, Stephanie and Silvia Cattaneo. 2005. 'Gun Culture in Kosovo: Questioning the Origins of Conflict'. In SALW Survey of Kosovo. Belgrade: SEESAC. SEESAC. 2006. The Rifle has the Devil Inside – Gun Culture in South Eastern Europe. Belgrade: SEESAC. SEESAC. 2007a. SEESAC Strategy for Gender Issues in SALW Control and AVPP Activities.

SEESAC.2015. Oružje na meti: Zloupotreba vatrenog oružja u Srbiji. Belgrade: SEESAC. SEESAC. 2016. Armët në Shënjestër/Targeting Weapons - Albania(unpublished). SEESAC.Shaw, Margaret. 2016a. 2013.Armët 'Too në Shënjestër/Targeting Close to Home: Guns Weaponsand Intimate – Kosovo* Partner (unpublished). Violence'. In Small Arms Survey 2013: Everyday Dangers. Cam- bridge: Cambridge University Press.

< http://www.smallarmssurvey.org/fileadmin/docs/A-Yearbook/2013/en/Small-Arms-Survey- 2013-Chapter-2-EN.pdf> Evaluation Review https://www. Sorenson, Susan. 2006. 'Firearm Use in Intimate Partner Violence A Brief Overview'. 30(3):229. researchgate.net/publication/7102593_Firearm_Use_in_Intimate_Partner_Violence_A_Brief_Overview International Small Arms Control Standards. Glossary of Terms, Definitions and Abbreviations. UN CASA (United Nations Coordinated Action on Small Arms). 2015.

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6.4 Annex 4: Questionnaire

1. General Data

2015 2014 2013 2012 2011 Total Number of Firearm-Related

Incidents¹ Number of Firearm- Related Incidents Involving Legal Firearms Number of Firearm- Related Incidents Involving Illegal Firearms Number of Firearm -Related Incidents Resulting in Death

1 Firearm-related Incidents encompass: murder, aggravated murder, attempted murder, suicide, attempted suicide, causing general danger, gunfire in public, unauthorized ownership, control or possession of weapons, use of weapon or dangerous instrument, domestic violence.

2. Gender Disaggregated Data

2015 2014 2013 2012 2011 Women Men Women Men Women Men Women Men Women Men Perpetrators of Firearm- Related Incidents Intentional Homicide¹ Victims Intentional Homicide Victims in Firearm-Related Incidents Firearms Owners

Number of Licences to Acquire Firearms Issued 68 Annexes

2015 2014 2013 2012 2011 Women Men Women Men Women Men Women Men Women Men Number of Licences to Carry Firearms Issued Number of Persons Killed by Their Intimate Partner² Number of Persons Killed by Their Intimate Partner by Firearms Number of Persons who Handed in SALW during Collection Campaigns

For further explanation, please see https://www.unodc.org/documents/data-and-analysis/IHS%20methodology.pdf ¹ Intentional homicide is defined as unlawful death purposefully inflicted on a person by another person (UNODC). ² Intimate Partner can refer to: husband/wife, former husband/former wife, partner/former partner, boyfriend/girlfriend, former boyfriend/former girlfriend.

Women Men

Members of SALW Commissions

2015 2014 2013 2012 2011 Number of Applications to Acquire Firearm Rejected Number of Applications to Acquire Firearm Rejected due to Domestic Violence Related Reasons Annexes 69

3. Gender and Age

2015

Male Perpetrators of Firearm-Related Incidents by Age 15-29

30-44

45-60

60+

2015

Male Victims of Firearm-Related Incidents by Age 15-29

30-44

45-60

60+

2015

Female Perpetrators of Firearm-Related Incident by Age 15-29

30-44

45-60

60+

2015

Female Victims of Firearm-Related Incidents by Age 15-29

30-44

45-60

60+ 70 Annexes

6.5 Annex 5: List of Figures, Tables and Boxes

Figures Tables

Figure 1: Percentage of male and female homicide Table 1: Intentional homicide victims, by sex victims and of males and females convicted of intentional homicide

Figure 2: WHO estimated proportion of homicides by Table 1a: Perpetrators of firearm-related incidents, by sex mechanisms (2012) Table 3:2: VictimsNumber of of firearm-related persons killed by incidents, their intimate by sex Figure 3: Percentage of male and female intentional partner by gender, by sex homicide victims

Table 4: Intimate partner femicide in Serbia Figure 4: Homicide rate: Average 2007-2012 Table 5: Bosnia and Herzegovina: Number of licenses to Figure 5: Perpetrators of firearm-related incidents, by acquire firearms issued sex, 2015 strategies and action plans incidents, by sex Table 6: Gender concerns in objectives in SALW Figure 6: Intentional homicide victims in firearm-related Table 7: Policy responses in SALW strategies to main policy concerns homicides, by sex Figure 7: Share of firearm-related homicide in total Figure 8: Proportion of intimate partner homicide in total Boxes homicide, by sex Box 1 Mass shootings, domestic violence and community safety in Serbia Figure 9: Proportion of intimate partner femicide Figure 10:committed Frequency by of firearms fatal outcome according to the domestic violence Box 2 Law enforcement and military officials and

Figure 11: typeGun ownershipof incident by– Serbia gender, by sex Box 3 Suicide and firearms

Box 4 Emerging initiatives Figure 12: Male perpetrators and victims of firearms- Yugoslavrelated incident Republic by of age Macedonia in Albania, Kosovo, Box 5 Gender disaggregated data Bosnia and Herzegovina and the former and SALW Figure 13: What is the main reason your household would Box 6 Strategies for protection from domestic violence Box 7 Framing the violence guns in general´ NOT choose to own a firearm? – `I don’t like Box 8 Other legislative concerns - Age limit for license

authorization

i Author telephone interview with Ermin Pesto, Assistant Minister, Ministry of Security of Bosnia and Herzegovina, October 5, 2016. ii Author telephone Interview with Marina Iles, Senior Officer for Gender Equality, Provincial Secretariat for Social Policy, Demography and Gender Equality, September 22, 2016. NOTES

CIP - Каталогизација у публикацији 623.44:34:[305-055.2(4-12)Библиотека Матице српске, Нови Сад

BOŽANIĆ, Dragan Gender and SALW in South East Europe / [Dragan Božanić]. - Belgrade : United Nations Development Programme, 2016 (Belgrade : Grafolik). - 69 str. : graf. prikazi ; 30 cm

Tiraž 100. - Bibliografija.

ISBN 978-86-7728-242-4 a) Ватрено оружје - Законодавство - Родна перспектива - Југоисточна Европа COBISS.SR-ID 310164231