Transnational Crime: Why Andres Manuel Lopez Obrador has not and will not put an end to the War on Drugs

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DISCLAIMER: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of the KCL Latin American Society or El Cortao.

By: Maria Ascencio

Mexico appears to be on the brink of change as new leftist president, Andres Manuel Lopez Obrador (AMLO) announced the end of the country’s 13 year long War on Drugs on January 30th 2019. The reality of the situation, however, is that AMLO has not and will not put an end to the war on drugs. As a matter of fact, there is not a single administration in Mexico that will ever be capable of putting an end to this issue. The reason stems from the fact that Mexico’s war on drugs is only but a result of a much more dangerous and complex security threat that has become imbedded within the country’s state institutions; transnational crime.

Mexico’s Problem with Drugs under the context of Transnational Crime

To understand Mexico’s current problem with drug-related criminal activity, it is imperative to understand the nature of transnational crime. In 2000, the United Nations in its Convention against Transnational Organized Crime, came to define the concept as “any criminal activity that is conducted in more than one state, planned in one state but perpetuated in another, or committed in one state where there are spill-over effects.”[1] The majority of cases of transnational crime make reference to organized criminal activities, that is, where there are factual indications that an organized and profit-driven criminal structure is involved. These structures oftentimes become entrenched within a country’s institutions, using corruption to extend their influence into the upper reaches of the state and thus shield themselves from law enforcement. While not all organized crime is transnational, there have always been growing incentives for criminal enterprises to operate across national borders due to differences in the supply and demand of illegal goods and services amongst countries. It is because of this that any effective strategy must be comprised of strong and robust national initiatives, accompanied by increased cooperation efforts amongst all states who are affected.

In Mexico, this definition is followed to the letter. Over time, drug consumption and control policies in the United States have played a large role in the scope and longevity of Mexico’s drug trade. As early as 1920, harsh laws and regulations during the era of Prohibition saw a tremendous spike in demand for alcohol and other narcotics, which lead to the creation of black markets south to the border. These illicit markets provided vast amounts of money to those willing to participate, and continued to incentivize individuals to increase production.[2] Throughout the following decades demand both in Mexico and the US continued to rise, which allowed illicit drug markets to reach epic proportions. Today, there are approximately 6-8 drug trafficking organizations (DTOs) that enjoy dominant influence throughout Mexico, all of which are engaged in a battle for supremacy over the illicit trade market.

Why is this a problem? Violence and weak institutions

As outlined, transnational criminal organizations have the ability to become entrenched within a state and its institutions. In Mexico’s DTO’s have earned so much power and influence that it has become easier for politicians and members of the state to collude and negotiate with them, rather than dealing with them, resulting in an culture of impunity and corruption.[3] Equally, observers have noted that the excessive use of violence of some of Mexico’s DTO’s in their battle for supremacy, might be considered exceptional by the typical standards of organized crime.[4] Beheadings, car bombs, extortions, forced disappearances, homicides, rape, mass executions, violent robberies, these are only a few of the many casualties that are seen in Mexico’s headlines every day.

Has there been any past approaches to deal with the issue? Why have they failed?

Previous approaches to deal with Mexico’s DTO’s have failed for a number of reasons. Firstly, because bilateral efforts have been extremely limited. The United States has focused more on strengthening the security of its southern border and re-drafting its immigration policies, rather than on addressing the root issue and reduce the demand of narcotics. Co-operation with Mexico has been limited to the provision of financial assistance and the training of military and police personnel, but nothing has been done to engage in capacity-building processes designed to strengthen Mexico's rule of law. [5] Secondly, Mexico’s government responses have wrongly focused on targeting individuals, when efforts should have been focusing on targeting the drug market itself. Yet again, not much more can be expected given the imbedded corruption, incompetence and weakness of the state.

The New Administration: Why AMLO’s “new” strategy is doomed to fail

Mexico’s new president has surprised everybody by declaring the end of the long War on Drugs and announcing what he has called a new and revolutionary plan to tackle DTO’s, which includes the following promises:
• A strategy to tackle corruption amongst institutions

• Social programs that will keep young people out of the reach of organized crime
• Taking troops off the street
• Amnesty for drug kingpins and other delinquents
To all of this, there are a number of missing pieces and limitations that, unfortunately, set AMLO’s strategy to failure. The undiscriminated and savage character of Mexico’s DTO’s has demonstrated that taking troops off the street as a preliminary measure only facilitates the use of violence, as depicted by the increase in kidnappings and homicides in AMLO’s first months in office.[6] In the end, lawmakers from AMLO’s party, MORENA, have opted to keep soldiers on the frontlines, along with the creation of a national guard that combines military and civilian police under a single military command.[7] This certainly does not seem too far off from what President Felipe Calderon (2006-2012) did at the beginning of his term, when he ordered the deployment of troops to carry out the capturing of high-value criminals, a controversial strategy that promoted more instability and violence.

Giving amnesty to drug kingpins and delinquents is, firstly, an unpopular policy amongst the many Mexicans whose lives have been affected by cartel violence. While amnesty does not imply “forgiving and forgetting” but “reconciliation and dialogue”, it is hard to imagine how AMLO might advocate for this giving the deep grievances that exist in society.[8] Additionally, giving amnesty is just another policy that focuses on individuals rather than on the market itself. The only difference is that, unlike Calderon and Peña Nieto, AMLO’s successors, the new president is looking to reconcile rather than isolate drug kingpins from society. The drug market and the rewards that come from it, however, will continue to exist, and different groups will continue to compete, most likely using violent means, over that market.

Social programs for the youth and a strategy to tackle corruption amongst institutions are vital for a long-term strategy to fight drug trafficking and corruption, but six years is simply not enough time for AMLO to make any significant changes.

Lastly, it must be re-emphasized that this is not a security threat that is confined to Mexico’s borders. Not a single of these proposals can prove to be effective if there is nothing done to the drug trade market. There need to be efforts to regulate and decrease demand for narcotics across the northern border. For any of AMLO’s proposals to work, he would have to push President Trump to come up with a comprehensive drug strategy. However, it seems that he is much more concerned with the building of his long-promised wall and the deportation of illegal migrants.

Unfortunately for AMLO, but ultimately for all Mexicans, it seems that the new strategy will not give fruits, and that Mexico is set for yet another period of violence, instability and uncertainty.

Maria is a second year International Relations Student at King’s College, the Latin America Editor for IR Today and the Editor in Chief of El Cortao.