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Gun Proliferation & Violence GUN PROLIFERATION & VIOLENCE &RPSOLFDWLQJ&RQÁLFW'\QDPLFV 3HDFH%XLOGLQJ Jennifer Santiago Oreta, Ph.D. Cover Artworks JUN PORLARES with +63 929.555.4829 Arjan Aguirre Davao Bernadette Eugenio Ma. Victoria Caranay Layout & Design Vladimir Reyes Aimee Tagasa RYAN G. PALACOL [email protected] Edited by AX Digital Pallete Designs Jasmin Nario Galace, PhD +63 927.654.4785 www.axdpdesigns.com TABLE OF CONTENT CHAPTER Introduction & Context 3 1 Jennifer Santiago Oreta CHAPTER The State of Affairs: Gun 8 2 Proliferation in the Philippines Jennifer Santiago Oreta CHAPTER History of Firearms Proliferation 25 3 in the Philippines Arjan Aguirre & Jennifer Santiago Oreta CHAPTER The Legal Terrain 36 4 of Firearms Ownership Jennifer Santiago Oreta with Bernadette Eugenio CHAPTER 5 The Firearms Industry 54 Jennifer Santiago Oreta & Arjan Aguirre CHAPTER 6 Perceptions of Social Insecurity 67 & Community Safety Jennifer Santiago Oreta with Ma. Victoria Caranay, Bernadette Eugenio, Vladimir Reyes CHAPTER 7 The Peace Process & the Need 76 for Arms Control & Management Jennifer Santiago Oreta & Ma. Victoria Caranay APPENDICES Appendix 4.1 Annual License Fees Civilian Ownership of FA 53 Appendix 5.1 Small Arms Producers 65 Appendix 5.2 Private Gun Ownership Per 100 residents 66 Appendix 7.1 Comparative Analysis of DDR: Select Countries 91 TABLES ;HISL +PZ[YPI\[PVUVM-PYLHYTZ-(3PJLUZLZI`8\HSPÄJH[PVU 9 ;HISL +PZ[YPI\[PVUVM3PJLUZLKHUK3VVZL-PYLHYTZ:LSLJ[LK7LYPVKZ 11 ;HISL 5\TILYVM-PYLHYTZ0U]VS]LKPU*YPTLZ:LSLJ[LK7LYPVKZ 13 Table 2.4 Weapons Holding of Insurgent Groups 18 ;HISL ;OL3HYNLZ[(YTZ7YVK\JPUN*VYWVYH[PVUZPU[OL>VYSK 54 Table 5.2 Licensed Firearms Purchased from Gun Dealers (1990 to 2008) 60 Table 5.3 Type of Registered Firearms 62 Table 7.1 Pressure Points where Firearms Proliferate 88 Table 7.2 SALW Pressures Points in the Horn of Africa 94 REFERENCES 95 Gun Proliferation & Violence CHAPTER 1 Introduction & Context The issue of gun proliferation is contentious. One,[OL[VWPJP[ZLSMPZJVU[YV]LYZPHS0U[OL<UP[LK:[H[LZN\UV^ULYZOPWOHZ Z[PYYLKJVUZ[P[\[PVUHSKLIH[LZ0U[OL7OPSPWWPULZLU[O\ZPHZ[ZH[[LTW[[VPU]VRL the right to self-defense as a constitutional guarantee to gun ownership. There are “pro” and “anti” positions as regards gun ownership. The topic is polarizing. TwoUV[]LY`THU`WLVWSL]PL^gun-proliferation as thePZZ\L:\YL[OLYLHYL KLH[OZPU]VS]LKI\[PUHZVJPL[`[OH[OHZILLUKLZLUZP[PaLKI`]PVSLUJL[OLZL L]LU[ZHYLKPZTPZZLKHZWHY[VM[OLº^H`[OPUNZHYL»0UMHJ[WLVWSLOHKMV\UK ^H`Z[VTHRLN\UYLSH[LK]PVSLUJLWHSH[HISL-VYPUZ[HUJL[OLLSLJ[PVU ^P[OYLWVY[LKS`KLH[OZHZJVTWHYLK[V PU7579LWVY[^HZ considered a “relatively” WLHJLM\SLSLJ[PVU"JP]PSPHUKLH[OZK\L[V[OLJVUÅPJ[ between the government forces and rebels are considered as “collateral damage”"HKYP]LYNL[[PUNZOV[ILJH\ZLVMH[YHMÄJHS[LYJH[PVUPZYLNHYKLK HZHU¸PZVSH[LKL]LU[¹>OH[»Z\Z\HSS`NP]LUH[[LU[PVUHYL[OLJYPTLYH[L[OL PUZ\YNLUJ`HUK[OLLSLJ[PVU]PVSLUJL>OPSL[OLZLPZZ\LZHYLPTWVY[HU[[OL TVZ[VI]PV\ZPZVM[LUNSVZZLKV]LY¶HSSVM[OLZLPU]VS]LKN\UZHUKHSSVM[OLZL became issues precisely because of the easy access to guns. Three,N\UZVYÄYLHYTZPUHZVJPL[`^P[O^LHRZLJ\YP[`LUMVYJLTLU[HYL regarded ambivalently. Those who doubt the capacity of security law enforcers to carry out their job well view it as an instrument of protection. This is LZWLJPHSS`[Y\LPUJVUÅPJ[HYLHZ6U[OLV[OLYOHUK[OVZL^OVKVUV[WVZZLZZ N\UZ]PL^N\UV^ULYZ^P[OKPZ[YLZZ4VYLZVPU[OLOHUKZVMVYNHUPaLK NYV\WZ¶^OL[OLYZ[H[LVYUVUZ[H[LÄYLHYTZILJVTLHUPUZ[Y\TLU[VMWV^LY HUKJVLYJPVU7VZZLZZPVUVMÄYLHYTZPUOLYLU[S`JYLH[LZHZLJ\YP[`PZZ\LPUH JVTT\UP[`ZL[[PUN0UV[OLY^VYKZN\UZUV[VUS`OH]LHZVJPHSS`JVUZ[Y\J[LK value; their value and appreciation is also contextual. ;OPZYLZLHYJOYLÅLJ[Z[OLZLJVU[YV]LYZPLZ0[H[[LTW[Z[VU\HUJL[OLZ\IQLJ[ beyond the binary positions of gun possession and ownership versus those who do not approve of the same. It presents the social and policy-level dilemma [OH[JVU[L_[\HSPaL^O`WVSPJ`THRLYZZLLT[VHS^H`ZWLYMVYTHIHSHUJPUNHJ[ >OPSL[OLYLZLHYJOHJRUV^SLKNLZ[OLYLHSP[`VM[OLWVSHYWVZP[PVUZYLNHYKPUN ÄYLHYTZV^ULYZOPWP[H]VPKZ[OL[`WPJHSMVYT\SHVMLP[OLYZ\WWVY[PUNWVZZLZZPVU or rejecting it. CHAPTER 1 | Introduction & Context 3 Framework of the Study JVSVUPaLYZN\UWVZZLZZPVUK\YPUN[OLYL]VS\[PVUMVYPUKLWLUKLUJL^HZPSSLNHS ;OLZVJPHSS`JVUZ[Y\J[LK]HS\LVMN\UZVYÄYLHYTZPZJSVZLS`HZZVJPH[LK^P[O but nonetheless supported by the population. OV^VUL]PL^Z[OLSVNPJILOPUK[OLZVJPHSVYNHUPaH[PVUWHY[PJ\SHYS`[OLSL]LSVM 0UV[OLY^VYKZKL]PHU[ILOH]PVYZVYJYPTLZHYLJVU[L_[KLWLUKLU[HUK[PTL social order and control in society. KLWLUKLU[)HYRHUº+L]PHUJL»KLÄULKPZQ\KNLKUV[VUS`IHZLKVU[OL behavior but also in the context and circumstance to which the action occurred. 6UVULOHUK[OLYLPZ[OL]PL^[OH[ZVJPL[`HUKZVJPHSVYKLYPZIHZLKVU[OL (Ibid) The label ‘deviant’ or ‘criminal’ is based on the subjective agreement consensual agreement and commonality of values of people in a community. VM[OLWV^LYOVSKLYZPUZVJPL[`0[PZ[OLHWWSPJH[PVUVMY\SLZHZKLÄULKI`[OL :[HIPSP[`PZTHPU[HPULKI`LUZ\YPUN[OH[L]LY`VULPZVU[OLZHTLWHNLHUK WV^LYM\STHQVYP[`Y\SLZ[OH[HYLZ\WWVZLK[VILULÄ[ZVJPHSVYKLYHUKOHYTVU` there exists an implicit agreement among its members. It is apparent that this view regards individuals as capable of voluntarily limiting their desires for the ¸;OLW\UPZOTLU[VMKL]PHUJLJSHYPÄLZZVJPHSUVYTZHUKYLPUMVYJLZ ILULÄ[VM[OLNYV\W;OPZMYHTLOHZHZ[YVUNUVYTH[P]LZVTLOV^PK`SSPJ]PL^VM social ties among those doing or watching the punishing.“ society. +\YOLPT PU)HYRHU4 Social control in this context pertains to the willingness of individuals to change .\UWVZZLZZPVU[OLYLMVYLPZLP[OLYH[OYLH[[V[OLJVUZLUZ\HSWLHJLI\[JHU [OLPY^H`ZPUVYKLY[VÄ[HNYV\W;OLPUKP]PK\HS»Z^PSSPUNULZZ[VZLSMYLWYVHJOPU also be viewed as an instrument to maintain it. If the community has been used HZLUZLYLÅLJ[Z[OLLMMLJ[P]LULZZVM[OLZVJPHSPUZ[P[\[PVUZ»HIPSP[`[VYLN\SH[LHUK [VUVUJVLYJP]LTLHUZ[VLUMVYJLOHYTVU`PU[YVK\JPUNHN\U¶[LJOUPJHSS`H temper the individual’s desire in exchange for societal harmony. For the most foreign instrument - in such a setting can be viewed as a threat to consensual WHY[ZVJPHSJVU[YVSPZ[OLV\[JVTLVMHUVYTH[P]LZVJPHSPaH[PVUWYVJLZZJYLH[PUN WLHJL6U[OLV[OLYOHUKPM[OLJVTT\UP[`PZ\ZLK[VZLLPUN^LHWVUZVY [OLPTHNLVMHJVUZLUZ\HSZVJPL[`+LÅLT! "ZLLHSZV4LHK \ZPUN^LHWVUZ[VLUMVYJLJVU[YVSÄYLHYTZJHUIL]PL^LKHZHUPUZ[Y\TLU[[V This view is based on the belief that social harmony is indeed possible based maintain peace. on consensual peace among the members. The regulatory regime in gun ownership 6U[OLOHUK[OLVWWVZP[L]PL^Z[H[LZ[OH[ZVJPHSVYKLYPZWVZZPISLVUS`PM[OLYL :VJPHSJVU[YVSOHZHS^H`ZILLUPTWVZLKPUYLNHYK[VN\UZÄYLHYTZWVZZLZZPVU PZHUH\[OVYP[`[OH[JV\SKJ\YI[OLPUKP]PK\HSZ»KLZPYLZHUKPUOLYLU[ZLSÄZOULZZ for the simple reason that only the state should have the monopoly of the for the collective good. It does not subscribe to the idea that individuals have legitimate use of violence. (Weber 1918) Despots resist gun ownership by the magnanimity to voluntarily give up pursuing their own agenda for the HZPNUPÄJHU[U\TILYVM[OLWVW\SH[PVUZPUJLOPZ[VY`ZOV^Z[OH[HUHYTLK collective welfare.1 population has the capacity to rise up against a dictator. This is the context of the right to bear of armsWYV]PZPVUPU[OL<:*VUZ[P[\[PVU;OLÄYZ[HJ[VM ;OLRPSSPUNZHZZVJPH[LK^P[OHIPNV[LKHUKYHJPZ[]PL^VMJVTT\UP[`KYHTH[PaLK 4HYJVZ5PUMHJ[^OLUOLKLJSHYLKTHY[PHSSH^PU ^HZ[VYV\UK\WHSSN\UZ LZWLJPHSS`K\YPUN[OL:LJVUK>VYSK>HY^LYLJSLHYPUKPJH[PVUZ[OH[H in civilian possession. harmonious peace based on community consensus is not only premised on ZOHR`NYV\UKZI\[JHUHJ[\HSS`IL\ZLK[VQ\Z[PM`H[YVJPV\ZHJ[Z Since most of the criminal acts utilize weapons - the most effective of which are guns- the normal and expected reaction of law enforcers is to regulate ;OLJVUJLW[VMZVJPHSJVU[YVSPZ[O\ZWLYJLP]LKHZHZL[VMPUZ[P[\[PVUZHUKH P[Z\ZL"OLUJL[OLYLN\SH[VY`YLNPTL[OH[PZLUMVYJLKPUN\UZHUKÄYLHYTZ system of mechanisms which main goal is to prevent and/or address deviant possession on civilians. This regulatory regime has behaviors in society. It is “employed to refer to the more repressive and coercive been in existence since the time of colonization until 3 Legitimacy is the MVYTZVMJVU[YVS[OH[HYLPUZ[P[\[LKUV[I`ZVJPHSPaH[PVUPU[VUVYTZI\[VU[OL the present. subjective agreement of IHZPZVMWV^LYHUKMVYJL¹+LÅLT the relevant population Groups and individuals who favor civilian gun on what is ethical and proper. It usually is based +L]PHU[ILOH]PVYZOH]LILLUYLNHYKLKHZ[OYLH[Z[V[OLZVJPHSOHYTVU`^P[O ownership challenge this framing. They argue that on the acceptable ‘rules’ some labeled as crimes. While crime is a legal concept2P[PZHSZVHZVJPHS [OLZ[H[LZLJ\YP[`VYNHUZ¶[OLWVSPJLTPSP[HY`HUK – rules that are defined either legally or based on construction. An act that is considered as a crime in one context may be KLW\[PaLK\UP[Z¶MHPS[VTHRLWLVWSLMLLSZLJ\YL the customary, traditional WLYMLJ[S`SLNHSPUHUV[OLY-VYPUZ[HUJLHIVY[PVUPZH IV[OPU[OLPYOVTLZHUKJVTT\UP[PLZ;O\ZJP]PSPHUZ values of the community. resort to arming themselves as a deterrent to the 4 Emile Durkheim also JYPTLPU[OL7OPSPWWPULZI\[PZSLNHSPUJLY[HPUZ[H[LZ 1 for an extended discussion believes that deviance PU[OL<:(4HYPQ\HUHPZIHUULKPU[OL7OPSPWWPULZ on the topic, see Social criminal and hostile acts of those who challenge is necessary for social I\[PZHSSV^LKPUZVTL,\YVWLHUJV\U[YPLZHSILP[PU Contract theories of John peace in the community. It is perceived as a way change – deviance is Locke and Thomas Hobbes the natural expression of SPTP[LKX\HU[P[`4VYLV]LYHKL]PHU[ILOH]PVYTH`IL 2 crime is formally defined [VKL[LYHNNYLZZVYZ-PYLHYTZ[O\ZHYL]PL^LK freedom of thought. regarded as illegalI\[UV[ULJLZZHYPS`PSSLNP[PTH[L3 as a “behavior that is as an instrument of protection. Acquiring guns 5 Philippine President
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