US embassy cable - 05SANAA1730

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001730 
 
SIPDIS 
 
E.O. 12958: DECL: 06/21/2015 
TAGS: PREL, PGOV, PTER, PHUM, PARM, KMPI, YM 
SUBJECT: 2003 GUN REGULATION LEGISLATION CONTINUES TO 
LANGUISH IN PARLIAMENT 
 
REF: SANAA 269 
 
Classified By: DCM Nabeel Khoury for reasons 1.4 (b) and (d) 
 
1. (C) Summary: A 2003 law to regulate gun ownership and 
trade in Yemen, one of the world's most heavily armed 
countries, continues to languish in Parliament.  The ROYG 
blames opposition party Islah, but, the legislation also 
faces stiff opposition from members of the ruling elite, many 
of whom benefit financially and politically from the gray 
arms market.  While entrenched tribal and military interests 
continue to block parliamentary action, a well-respected 
Yemeni human rights group plans to launch a public awareness 
campaign to change attitudes towards gun possession and 
increase support for gun regulation.  End Summary. 
 
 
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Gun Regulation Yemeni Style 
--------------------------- 
 
2. (SBU) Current law regulating gun possession is vague and 
lacks any provision for enforcement.  The 2003 law, drafted 
by the Ministry of Interior, presents a comprehensive 
approach to regulating gun ownership and trading.  The law 
enshrines the right to possess a firearm, defined as a "gun, 
automatic weapon, pistol, or rifle" for the purpose of 
"legitimate defense," and requires all gun owners to obtain a 
license from MOI at the cost of approximately 2.50 USD a 
year.  Individuals convicted of a felony, proven to have 
consumed alcohol or drugs, or with a mental or physical 
disability would be prohibited from acquiring a license. 
 
3. (SBU) The draft legislation also specifies that only the 
ROYG may import weapons and ammunition, although it allows 
authorities to grant import privileges to private entities. 
MOI would have wide authority to regulate arms and 
ammunitions dealers, under the law, and to determine the 
number of arms shops allowed in each governorate and their 
terms of operation.  Senior government officials, judges, 
members of parliament and foreign diplomats are excluded from 
the law's provisions. 
 
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Only a Bill... 
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4. (C) Gun regulation has been a controversial issue since 
the unification of north and south Yemen in 1990.  The 
heavily armed north tends to support the individual's 
unfettered right to own a firearm, which bolsters tribal 
authority and provides a counter-balance against the central 
government.  The south lacks such an entrenched gun culture, 
thanks in part to the strong, centralized rule of the Yemeni 
Socialist Party (YSP) before unity, which recognized an 
inherent danger of a well-armed populace. 
 
5. (C) Following unity, the YSP was the first to introduce 
strict gun regulation legislation, but northern politicians 
resisted, believing a less-armed society benefited southern 
interests.  After the 1994 civil war and the subsequent 
erosion of YSP power, the GPC commandeered the gun control 
issue. 
 
6. (C) Many observers accuse Abdullah al-Ahmar, Speaker of 
Parliament and head of the powerful Hashid tribal 
confederation, of leading the fight against gun control. 
ROYG's claims that Islah is the only barrier to gun control, 
however, are dubious.  Given the extreme political cost of 
pushing through such legislation in Yemen's gun-loving 
society, it is highly unlikely the GPC would have introduced 
the law to Parliament if it believed it had the slightest 
change of passing.  (Comment: Getting out in front of the 
issue is an opportunity for the ROYG to claim it is in favor 
of gun control, and to point its finger at the opposition for 
blocking it.  End Comment.) 
 
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Gun Control Legislation DOA? 
---------------------------- 
 
7. (C) Overcoming entrenched cultural norms is not the only 
difficulty facing gun control efforts.  Any serious attempt 
to regulate small arms and light weapons (SA/LW) ownership 
and trade would threaten the financial and political 
interests of Yemen's most powerful players. (Note: for a 
comprehensive discussion of who benefits from SA/LW trade in 
Yemen see reftel.  End Note). When these powerful interests 
are combined with overwhelming popular opposition to gun 
regulation, it is easy to understand why resuscitation of the 
2003 gun law is seen by all as being in the interest of none. 
 
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Controlling SA/LW: A Human Rights Angle 
--------------------------------------- 
8. (C) Pol/Econ Chief and Poloff met with Ezaddin al-Ashbahi, 
Director of the Human Rights Information and Training Center 
(HRITC).  Established in 1995, HRITC is an NGO dedicated to 
increasing human rights awareness in Yemen through lectures, 
training, and publications.  The center currently runs the 
Ministry of Interior's program to train police officers about 
human rights (ref A).  HRITC, well known for its efforts to 
educate the public on human rights issues, has joined the 
fight against SA/LW proliferation in Yemen.  Ashbahi holds 
that gun control is a human rights issue, as being forced to 
live in a heavily armed society violates the individual's 
right to personal security.  He proposes a two-pronged 
strategy: continuing to work for passage of the gun 
regulation laws; and increasing public awareness on the 
dangers of heavily armed families and guns in homes. 
 
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The Right To Individual Security 
-------------------------------- 
 
9. (C) Ashbahi holds that SA/LW proliferation is the single 
biggest human rights issue in Yemen today.  He points to the 
findings of an unpublished MOI study that found accidental 
deaths constituted an alarming percentage of total 
gun-related deaths.  The victims, said Ashbahi, are 
predominantly women and children.  According to the study, 
Sanaa won the dubious honor of having the most accidental 
deaths, 100 per year or 10 percent of total gun-related 
deaths, despite being the only city with a total ban on 
carrying a weapon.  Ashbahi estimates that the real number is 
ten times what the MOI study revealed. 
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Comment 
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10. (C) Comment: Neither the passage nor the enforcement of 
serious gun control is not likely to happen in Yemen, at 
least in the short run.  HRITC recognizes that without 
changing public attitudes on gun possession, no law alone 
could stem SA/LW proliferation.  HRITC conducted awareness 
campaigns in the past with limited Canadian support. 
However, lack of financial resources is constraining current 
efforts.  Ashbahi expressed interest in seeking USG support 
for continuing the campaign.  Gun ownership is as entrenched 
in Yemeni society as qat chewing.  Ashbahi's center could 
play in important role in beginning the long, arduous task of 
changing public attitudes toward the dangers of gun 
possession.  As part of our overall strategy to stem SA/LW 
proliferation in Yemen, HRITC awareness campaign might well 
be a worthy recipient of USG assistance.  Post wil consider 
supporting such a campaign with MEPI or PD small grants. End 
Comment. 
Khoury