Firearms Control as a Human Right

Safety is a fundamental human right. Government and non-government actors therefore have a duty and responsibility to invest in protective factors that enhance safety and prevent factors that jeopardize that safety. It is widely recognised that effective firearms control is one of those factors that enhances safety. Government and non-government actors therefore have a responsibility to ensure strict control measures that prevent the misuse and the criminal proliferation of firearms – a failure to do this is a human rights issue.

Published on 14 December 2010 in ISS Today

Natalie Jaynes, Sarah Meek Fellow , Arms Management Programme, ISS Cape Town

Safety is a fundamental human right. Government and non-government actors therefore have a duty and responsibility to invest in protective factors that enhance safety and prevent factors that jeopardize that safety. It is widely recognised that effective firearms control is one of those factors that enhances safety. Government and non-government actors therefore have a responsibility to ensure strict control measures that prevent the misuse and the criminal proliferation of firearms – a failure to do this is a human rights issue.

“Everyone has the right to freedom and security of the person, which includes the right to be free from all forms of violence from either public or private sources”. This declaration of safety as a human right is made in Section 12 of the South African Bill of Rights, which is the guiding framework of the South African Constitution. Safety must be viewed in the same light as all of the other fundamental rights listed in the Bill of Rights, just as all people have the right to health care, food and water so too do we all have the right to safety.

Although Constitutionally mandated, the right to safety remains an unrealised right for far too many people living in South Africa. Although overall homicide rates have dropped by nearly 50% from 26 877 cases in 1995/1996 to 16 834 in 2009/2010, South Africa remains one of the most violent societies in the world with an injury death rate that is nearly twice the global average. Firearm injuries along with sharp object injuries remain the top two causes of violent death in South Africa with a recent murder study citing firearms as the weapon used in 54% of the recorded cases (“Streets of Pain, Streets of Sorrow” CSVR 2008).

According to the 2009 National Injury Mortality Surveillance System Annual Report for Gauteng the majority (32.4%) of the recorded deaths were violence related. The study shows that young black males (between the ages of 20-40) are approximately seven times more likely to die from homicidal violence as black females in the same age group, and 17 times more likely than white males in the same age group, and roughly 35 times more likely than Indian females. Of the 11 329 recorded deaths, the external cause of death was known in 10 538 cases. Of these 10 538 cases the main cause of death was firearm related with 1630 or 15.5% of the total number of deaths.

While not as stark, this trend of male victimisation is mirrored in international data with the global homicide rate for males three times higher than that for females (World Report on Violence and Health, WHO, 2002). With South African males at even greater risk than this international average it is vital that the South African government and civil society players seek to understand and address the fact that urban young black men are disproportionately at risk of homicidal violence than other groups in South Africa.

In trying to think through solutions, it is important to note that violence of this scale is not a random occurrence. If we understand more about the scope of this violence we are better able to prevent it. Homicidal violence and firearm related homicide is controllable and should therefore be preventable. The available research does offer some explanation regarding the circumstances of these deaths. The NIMSS (National Injury Mortality Surveillance System) data tells us that the highest number of violence related deaths occurred on a Saturday between 20h00-23h00 and that blood alcohol levels of victims are significant.  The NIMSS data does need to be further explored so as to give policy makers even more information regarding risk factors for homicide, particularly firearm homicide. Possible questions to explore could focus on the type of firearm (handgun or shotgun) and whether the firearm is licensed or unlicensed et cetera.

In addition to NIMSS data there are other sources that have also shown that a range of social dynamics can place certain groups at greater risk than others for violent death. Some of these factors include widespread poverty, unemployment, income inequality, patriarchal notions of masculinity that promote ‘badness’ and risk-taking, exposure to abuse as a child, weak parenting, access to firearms, widespread alcohol misuse, and weak law enforcement. The notion of safety as a human right entails limiting and controlling these risk factors as much as possible.

The Delhi Declaration on People`s Right to Safety (2000) defines Safety as: “a state in which all dangers that cause physical, psychological, and material harm are controlled in order to safeguard the health and wellbeing of individuals and communities. The objective is to develop the mechanisms to control dangers on a continuous basis”. This notion of controlling danger so as to prevent violence and promote safety is a central factor underpinning a range of violence prevention initiatives. It is this same logic that underpins firearms control systems the world over.

While South Africa has rigorous firearms control legislation in place (the Firearms Control Act No. 60 of 2000), ongoing vigilance from both government and civil society is required to ensure the effective implementation of this legislation. Moreover, effective policy monitoring is required to ensure that those most affected by firearm violence are prioritised in policy amendments and innovations. Safety as a human right means that firearms control needs to be prioritised as a core human rights issue.

Locating firearms control within a human rights framework also means that safety from firearm violence is a human right for all people regardless of race, colour, sex, language, religion, nationality, political opinion or affiliation (Durban Call to Action, People’s Right to Safety, 8th World Conference on Injury Prevention and Safety Promotion, Durban, South Africa, 2 - 5 April 2006). Given that young black men are being killed at 7 times the rate as other groups, it would appear that far more needs to be done to ensure that young black men can meaningfully access their right to safety. Government and non-government actors have a responsibility to ensure that firearms control mechanisms and violence prevention strategies are focussed on protecting young black men from firearm injury and death. A failure to do this could amount to a public health crisis and potential human rights violation.

While this isolation of one group, namely young urban black men, as being at higher risk than others may appear crude, a silence based on racial self-consciousness ignores the available evidence and hinders effective policy intervention. This is not to say that ‘race’ is a determining factor in victimisation. For a range of reasons, some of them still under-researched, young urban black men in South Africa are at greater risk of violent death than other groups. While more needs to be done in order to better understand this vulnerability, effective firearms control strategies can assist in reducing and preventing a sizable proportion of this violent death.

Safety is a fundamental right. It is essential for the attainment of health, peace, justice and well-being. Human rights based firearms control needs to focus on protecting those most affected by firearm violence.