US embassy cable - 03TEGUCIGALPA1740

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 001740 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR WHA/CEN 
 
E.O. 12958: N/A 
TAGS: PGOV, KCRM, KJUS, SNAR, PINR, HO 
SUBJECT: NEW HONDURAN LEGISLATION SEEKS TO CURB ARMS 
TRAFFICKING AND VIOLENCE 
 
 
1. (U) SUMMARY:  On July 2, the Honduran National Congress 
added Article 332 to the Honduran Penal Code.  This article 
calls for the collection of assault weapons and stricter 
punishment for trafficking and possession of outlawed 
weapons.  Article 332 comes at a time when Ministry of Public 
Security reports show that possession of assault weapons and 
their use in violent crime has been increasing steadily over 
the past several years in Honduras. END SUMMARY 
 
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Origins and Trends 
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2. (U) On July 2, the Honduran National Congress added 
Article 332 to the Honduran Penal Code.  This article calls 
for the collection of assault weapons and stricter punishment 
for trafficking and possession of outlawed weapons.  As 
reported by the Honduran press, approximately 82 percent of 
all deaths in Honduras are caused by firearms (of which 90 
percent are from AK-47s).  Even more alarming are reports 
that 80 percent of these victims are minors. 
 
3. (U) The availability of AK-47s and other automatic assault 
weapons in Honduras stems largely from the Contra period of 
the 1980s.  While estimates vary, it is believed that between 
400,000 and 500,000 arms illegally circulate in Honduras, of 
which 200,000 are AK-47s.  In addition to the lack of 
effective laws and regulations surrounding the trafficking 
and possession of arms, it is very easy and inexpensive to 
acquire them.  Press reports state that an AK-47 can be 
purchased at the El Salvadoran and Nicaraguan borders for as 
little as USD 20.  Furthermore, a recent trend has shown an 
increase in drugs-for-arms exchanges occurring among 
traffickers. 
 
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Article 332 
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4. (U) The newly passed Article 332 of the Honduran Penal 
Code makes the possession of the following arms illegal: 
AK-47s, Falks (FAL and FAP), UZI sub-military machine guns, 
M16s, M60s, Galils, G3s, Beretas, M21s, and any other 
fabricated arms.  The collection and destruction of these 
items is slated to begin with a 90 day arms-for-money 
exchange program.  Those persons turning over weapons will 
receive approximately USD 68 per item and will not face any 
criminal charges.  Another aspect of Article 332 calls for 
harsher punishment for those possessing and/or trafficking 
illegal weapons.  Such actions will carry a six-to-nine year 
prison sentence and possible fines of between USD 580 and USD 
1,162.  (COMMENT: It is hoped that this new legislation will 
give a boost to earlier attempts by the National Arms 
Registry (RNA) to register personal small firearms.  Under 
current law, each Honduran citizen is allowed up to five 
weapons, a large amount for a country facing such high rates 
of violence. END COMMENT) 
 
5. (U) President of Congress, Pepe Lobo, has called for all 
members of Congress to set an example by turning over their 
own personal weapons.  (COMMENT:  Currently, many political 
figures and prominent businessman hire private security 
personnel, the majority of which use AK-47s.  It is likely 
that certain private security companies and individuals will 
be given waivers from the new law.  END COMMENT) 
 
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A Step In the Right Direction 
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6. (SBU) COMMENT: Congressional passage of Article 332 is a 
positive step towards reducing the trafficking and possession 
of automatic assault weapons such as the AK 47.  It remains 
to be seen, however, whether the government of Honduras has 
the political fortitude, and makes available the necessary 
resources, to fully enforce this new legislation.  According 
to government statistics, the number of homicides increased 
in 2002 despite the military's augmentation of the police 
force, and the homicide closure rate in Honduras remains at 
only one to two percent.  Moreover, in recent months the 
local media has given extensive coverage to stories involving 
assault weapon related violence.  Violent crime is a high 
profile public issue.  If this legislation proves effective 
in reducing homicides and arms trafficking, President 
Maduro's Administration will have won a significant 
legislative success at a time when public confidence in the 
Administration's ability to deliver on campaign promises of 
increased public security is faltering.  END COMMENT 
Palmer