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Firearms to farmers amidst weak regulation

Firearms to farmers amidst weak regulation

29 Oct 2023 | By Maneesha Dullewe

The Ministry of Agriculture initiating the distribution of air rifles to farmers as a measure against crop damage by wild animals will prove to be problematic in a climate of loose gun control, activists claim. 

On 22 October, the Agriculture Ministry commenced distributing air rifles to farmers at a concessionary price, with a total of 250 rifles being distributed so far, as per the Minister of Agriculture.  

With growing complaints of crop raiding by wild animals such as monkeys, the Government has decided to use air rifles as its latest solution to damage caused by wild animals, following a recent abortive attempt to export toque monkeys to China. 


Lack of monitoring mechanism


However, concerns have been raised regarding the distribution of firearms among civilians, with Forum on Disarmament and Development (FDD) Coordinator Vidya Abhayagunawardena telling The Sunday Morning that the impacts of permitting the use of air rifles for this purpose would be manifold due to the lack of a monitoring mechanism. 

“Under the guise of using air rifles to protect crops, they can be used for other purposes, such as underworld violence, extortion, etc. Sri Lanka lacks a proper gun monitoring mechanism. We don’t implement the Firearms Act and the Offensive Weapons Act in a technical manner. We also don’t have a centralised, automated gun registry in the Ministry of Defence. We just distribute weapons periodically, while the Government also declares gun amnesty from time to time. Those are inefficient measures. They try to collect guns when the crime rate is high but then distribute air rifles when these agricultural concerns emerge.”

He urged the Government to implement a monitoring mechanism wherein periodic reports were provided on the bullets supplied, how the farmers used them, and for what purpose. Moreover, the mechanism should ensure that only one person used a particular gun, he emphasised. 


Legal and institutional framework 


Abhayagunawardena highlighted the fact that Sri Lanka had a severe dearth of laws to address the issue of guns, noting that there should be a holistic approach in place. 

“There should be coordination between institutions such as the Public Security Ministry, Ministry of Defence, etc. There should be a holistic approach to curb gun violence in Sri Lanka. We have to get public support, civil society support, media support, etc.”

Sri Lanka’s primary piece of legislation on small arms and light weapons is the Firearms Ordinance No.33 of 1916, which provides the legal framework for civilian licensing, importation, sale, transfer, manufacture, repair and possession of all firearms. 

However, effective enforcement of the law that applies to these illicit small arms remains weak.

Abhayagunawardena outlined three steps the Government must take in this regard: to immediately amend the Firearms Act, set up a small arms commission, and set up an automated gun registry at the Ministry of Defence. 

“We are asking the Government to amend the existing Firearms Act and the Offensive Weapons Act,” Abhayagunawardena stressed, adding that the small arms commission should be also re-established immediately.


Guns among farmers 


Given Sri Lanka’s present situation, he opined that the distribution of air rifles would be premature: “After the Small Arms Commission was dismantled, we had no proper mechanism to collect illicit small arms. Therefore, before the Government hands over any weapons to civilians, there should be a proper mechanism in place, but we don’t see any such mechanism.”

In such a backdrop, Abhayagunawardena noted that handing out these weapons to untrained farmers constituted a danger. 

“Distributing small arms to protect crops will backfire on civilians. Nobody can carry illicit and small arms in the country, but every day we hear of incidents involving the use of illicit firearms. As such, our system is very weak and our laws have not been updated. The system in place within the Judiciary is out of date, so we are asking to immediately amend the Firearms Act and increase the fines for firearms.

“Once they receive these guns, where are they going to store them? Farmers are not wealthy people, so the gun has to be protected within the house, where there are children and young people. Giving small arms to farmers during the ongoing economic crisis will enable the misuse of these guns.”

He noted that it was difficult to guarantee safety regarding guns, especially in rural areas: “Distributing weapons to farmers will create massive socioeconomic issues within the community. Farmers are not trained to handle guns. They are farmers. Secondly, in their houses, there is no safe place to keep the gun. There are high levels of domestic violence in our society and these guns can be used to harm spouses.” 

Echoing these sentiments, All Ceylon Farmers’ Federation Convener Namal Karunaratne said that providing weapons such as air rifles would not solve the issue of damage caused to crops by wild animals. 

“Providing air rifles is not a solution to the problem of crop damage by wild animals. The real solution would be to fulfil the basic necessities of the wild animals. It is pointless to provide these weapons to farmers. Moreover, there is a risk that people will use these weapons for other purposes,” Karunaratne cautioned. 

He further noted that the matter required an approach that would ensure that the needs of wild animals were met. 

“The total cultivation land in Sri Lanka is 11% of the total land area. In contrast, 16% of the land consists of forests. Therefore, what needs to be done by the authorities is to ensure that wild animals can live in these forest lands. However, the wild animals are leaving these forest lands and encroaching on human habitats due to the shortage of food and water. If the authorities facilitate the supply of food and water for these animals, they would not encroach into villages,” he claimed.  

He noted that since the State was the guardian of wild animals, it should take the responsibility to ensure that they were cared for within the forests. 

Moreover, Karunaratne pointed out the dangers of air rifles to both animals and humans: “Animals such as monkeys or giant squirrels can die from being shot by air rifles. Not only that, it can even kill a human if it hits a sensitive area.”

“Shooting has become a common thing now,” he said. “Handing over an air rifle to a person under such circumstances poses a great risk since it can cause fatal damage. Therefore, providing weapons to people will only lead to a host of other problems. We completely disapprove of this measure.”

Criticising this move as a measure that would cause far-reaching social repercussions, Karunaratne said: “The Government is providing guns to people to kill animals. This is not what should be done.”

“Farmers are not asking for air rifles or such things. They are simply asking for a solution to prevent wild animals from coming into their lands. The solution to this is to facilitate the conditions for these wild animals to live within the forests, which the authorities are not doing,” he charged. 


International support 


Abhayagunawardena noted that there were international examples and sources of support for Sri Lanka in this regard. 

“The Government should look at how other countries implement safety measures for civilians regarding small arms. For instance, small states like the Caribbean Islands are party to the UN Arms Trade Treaty. Sri Lanka is not yet a party to this. We were part of that UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons (PoA) up to 2009 and from 1996 onwards, we had a Small Arms Commission. Soon after the war, the then Government dismantled that commission.”

He further pointed out that many developed countries such as the Netherlands and Japan had extremely strict gun control laws which kept gun violence to a minimum, with there being a rigid process to obtain a gun, unlike in Sri Lanka, where the barrier of entry to owning a gun was low. 

“Sri Lanka cannot resolve the issue of small arms by itself. We need support from the international community, particularly the UN system. There are systems available within the UN, which work well internationally. But Sri Lanka is not a party to the Arms Trade Treaty and must bre-engage with the UN programme on small and illicit arms. Once we engage with these two programmes, Sri Lanka will receive technical and financial support.”


No potential dangers: Minister 


Meanwhile, Minister of Agriculture Mahinda Amaraweera dismissed concerns over the possible impacts of the distribution of air rifles. 

Speaking to The Sunday Morning, Amaraweera said: “The rifles were given on a concessionary basis where we contributed half the funds. We have given these farmers the necessary training to handle these weapons.”

Addressing the State oversight in existence for these weapons, the Minister noted that they did not constitute a significant concern for there to be a monitoring mechanism: “These are not lethal weapons,” he said, adding: “These are available in stores. Air rifles do not require licences. Anyone can buy an air rifle in the country, you only need the money. This is akin to a toy, since animals and humans cannot be killed with air rifles.”



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