• About Us
  • Who Are We
  • Work With Us
Friday, July 1, 2022
No Result
View All Result
NEWSLETTER
The Globe Post
39 °f
New York
44 ° Fri
46 ° Sat
40 ° Sun
41 ° Mon
No Result
View All Result
The Globe Post
No Result
View All Result
Home Opinion

On Guns, Politics, and Peace in Colombia

Javier Eskauriatza by Javier Eskauriatza
01/04/19
in Opinion
Colombian army officers examines seized grenades and weapons from the FARC in July, 2013

Colombian army officers examines seized grenades and weapons from the FARC. Photo: AFP

46
SHARES
Share on FacebookShare on Twitter

Colombia is another place where disagreements among politico-military elites about values, power, and resources turned violent to the general and widespread suffering of millions. For many decades, different armed actors have perpetrated a general condition of armed violence. Among them are left-wing guerrilla groups, irregular paramilitary forces, and even the Colombian armed forces, most infamously in relation to the so-called “false positives” scandal.

A lot of the violence has been gun violence, and a lot of the victims have been civilians. In this respect, it is somewhat perplexing to see that a recent governmental decree that purports to extend a general prohibition on gun-ownership has been criticized and interpreted as an attempt to re-arm Colombia and loosen its gun laws.

Does the new law make it easier for civilians to carry guns? If so, how can a state that is truly committed to peace and reconciliation justify legislation of this sort?

New President, New Gun Law?

Colombia’s gun legislation is complicated. It is clear that, under Law 2535 of 1993, the government has the power to place a general prohibition on gun ownership and to install and run a monopoly on the issue of gun licenses.

Colombian President Ivan Duque
Colombian President Ivan Duque took office in early August 2018. Photo: AFP

In the recent and controversial governmental decree (Decree 2362/2018) President Ivan Duque’s government has extended a pre-existing general prohibition (imposed by former President Juan Manuel Santos) on the carrying of guns by civilians. On the face of it, this appears to be a good initiative. A post-conflict society should probably endeavor to disarm as many elements of society as possible, including its civilian population.

However, it is also clear that Colombian gun control legislation has always allowed civilians to carry guns in special circumstances. These include private security details for judges and politicians as well as special licenses for hunting, private defense, and private collection. The controversy surrounding the new proposal, therefore, is less about the fact of “special authorizations” and more about the words that have been used in an added paragraph. The new section simply asserts that special authorization may be granted to individuals,

…for reasons of emergency or security […] taking into consideration among other factors, the particular circumstances of each application” (author’s translation)

From the perspective of the government’s opponents, this is a rather untrammeled discretion which is given to the Ministry of Defense.

Further, given the realities of ongoing violence and insecurity in Colombian society, it may be surmised that every citizen could make a successful application on the basis of the above wording. The only beneficiaries, in this respect, would be arms dealers.

Legal Challenge in 2019

At present, the details of how civilians can make a case for “special authorizations” has not yet been published. Yet, there is already considerable political opposition to the initiative, and a legal challenge has been prepared.

Three former Interior Ministers have expressed a general concern that the modified law will make it easier for the Ministry of Defense to authorize the arming of civilian groups. This is a legitimate concern given the violence wrought by Colombia’s previous paramilitary armed groups.

However, the legal challenge can also be interpreted as a part of the ongoing underlying conflict, whereby those proposing the modifications to the law are opposed to the peace process, and those challenging the proposal are generally pro-peace. 

Jus Post Bellum and Post-Conflict Disarmament

Different countries have different gun ownership laws, and it must be remembered that more guns do not always equal more gun-related deaths (see the case of Switzerland).

However, in a post-conflict country like Colombia, where gun-related homicides are already very high, it appears, at best, clumsy to make guns more readily available to civilians. A recent study concluded that there are currently around 5 million civilian-held legal and illegal guns in Colombia. Further, Colombia ranks 7th in gun-related homicides.

At worst, Duque’s proposal is irresponsible and unethical. It will only make it more difficult to overcome Colombia’s insecurity problem which falls disproportionately on the Colombian poor. In a post-conflict society, gun legislation should encourage the general disarmament of the population. This creates the social and political space for peace and sends a more positive message to society relating to the overall aims of reconciliation.

The FARC itself has handed in over 10,000 guns. As part of the civil society effort towards peace and reconciliation, these guns were made into an “anti-monument” by Bogotá-based artist Doris Salcedo, as a way of remembering what Colombians have been through.  A small gesture, perhaps, in such a heavily armed country. Yet, for the benefit of the community, small gestures of reconciliation must be encouraged.

Lost Opportunity

In post-conflict societies, disagreements about the rights and wrongs of the conflict, about who won and who lost, and even concerning what the conflict was all about, tend to reproduce themselves as the peace agreement is implemented and in relation to new legislative proposals.

In the new post-conflict Colombia, the latest political controversy has revolved around the recent proposal to modify an aspect of its gun laws. We should expect controversies of this kind to continue to arise throughout Duque’s presidency. After all, those previously opposed to the peace deal are now in power and ready to continue to make modifications.

More details should be forthcoming soon about the changes that the government wants to make in the gun control legislation. For some, Duque’s proposal may be interpreted as an initiative that makes it easier for special interests to arrange and recruit their own private security. For others, it will be interpreted as a necessary measure that allows civilians to seek special permissions to defend themselves in what continues to be a very violent country.

The details are not yet available, so it is not possible to say whether the new rules do, in fact, loosen the law on gun ownership. Yet, and especially in a post-conflict society where all sides were to blame, it is important for the government to send the right message in leading the way towards peace and reconciliation.

In gun legislation, the right approach is to work towards the gradual and general disarmament of the population. This is not an easy path but the alternatives may turn out to be worse.

Disclaimer: The views and opinions expressed here are those of the author and do not necessarily reflect the editorial position of The Globe Post.
Share46Tweet
Javier Eskauriatza

Javier Eskauriatza

Lecturer in Law at the University of Birmingham, UK. He specializes in post-conflict law and post-conflict justice

Related Posts

Colombia violence
Featured

Five Years After Peace Pact, Violence Haunts Colombia

by Staff Writer
November 22, 2021
A ring of people mourn around an open casket
Environment

Risking Death to Defend Life in Colombia

by Deon Feng
December 4, 2020
Latin America’s Slums Facing Losing Battle Against Virus Spread
World

Latin America’s Slums Facing Losing Battle Against Virus Spread

by Staff Writer
May 29, 2020
Senior Sales Staff Mark Warner shows a bump stock installed on an AR-15 rifle at Blue Ridge Arsenal in Chantilly, Virgina, on October 6, 2017.
Opinion

New Arms Exports Rule Will Spread US Gun Violence Beyond Borders

by Adotei Akwei
January 30, 2020
Three Killed in Mass Anti-Government Protests in Colombia
Featured

Third General Strike Keeps Pressure on Colombia’s Duque

by Staff Writer
December 5, 2019
Three Killed in Mass Anti-Government Protests in Colombia
Featured

Colombian Protest Leaders Call New Strike After Duque Meeting

by Staff Writer
November 26, 2019
Next Post
The arrest of migrants by police in Hungary

'Record of Shame:' European Ports Remain Closed to Sick Children

Trump and Xi

US Warns Citizens of Arbitrary Action in China After Canadian Detentions

Recommended

Mexico murdered journalists

Journalist Murdered in Mexico, 12th This Year

June 29, 2022
Spain migrants

Spain Prosecutor Opens Probe Into Melilla Migrant Deaths

June 28, 2022
Afghan refugees

Pakistani Migrants in Afghanistan Caught in Quake No-Man’s Land

June 27, 2022
Joe Biden climate summit

Biden Calls Clean Energy Matter of National Security in Face of Russia War

June 17, 2022
climate change

Developing Countries Left ‘Disappointed’ at Climate Talks

June 16, 2022
US President Donald Trump

Owning the Words and the Libs

June 16, 2022

Opinion

US President Donald Trump

Owning the Words and the Libs

June 16, 2022
Officers in Uvalde, Texas, stand outside Robb Elementary School near a makeshift memorial for the shooting victims

Child Sacrifice Makes a Comeback

June 3, 2022
A Lebanese election official stands at a polling station

New Group Threatens Lebanese Elections… and Potentially Middle East Peace

May 18, 2022
A man holding a gun

Safely Back in USA, Land of Guns and Burgers

May 2, 2022
China Muslim Uyghurs

Unfair Politicization, Corruption, and the Death of Modern Olympism

April 23, 2022
Ukraine war

The Ukrainian Refugee Crisis and the Hierarchies of Western Compassion

April 20, 2022
Facebook Twitter

Newsletter

Do you like our reporting?
SUBSCRIBE

About Us

The Globe Post

The Globe Post is part of Globe Post Media, a U.S. digital news organization that is publishing the world's best targeted news sites.

submit oped

© 2018 The Globe Post

No Result
View All Result
  • National
  • World
  • Business
  • Interviews
  • Lifestyle
  • Democracy at Risk
    • Media Freedom
  • Opinion
    • Editorials
    • Columns
    • Book Reviews
    • Stage
  • Submit Op-ed

© 2018 The Globe Post