ROSMUN 2017 Rosary Sisters High School Model United Nations Committee: Security Council Issue: Transnational Organized Crime (TOC) in Latin America and the Caribbean Hazar Handal Introduction In the past few decades, we have seen so much technological, economic and social development that emerged improving the lives of millions across our connected world; nevertheless, technology and global connection might have facilitated our lives but they also gave the chance for transnational organized crime and radical ideologies to spread. Many nations still suffer from discrimination, violence, and corruption. Transnational Organized Crime (TOC) in Latin America and the Caribbean is a major threat to the stability of these countries as illicit drug trade, human trafficking, money laundering, and Narco-terrorism, all constitute obstacles to development. Many nations suffer from TOC that lead to unrest in countries including countries in Latin America and the Caribbean which are fuelled by violence related to TOC. According to UNODC, Guatemala, El Salvador and Honduras have very high homicide rates. Many factors contribute to the spread of crime including the trafficking of illicit cocaine, corruption, weak government institutions, weak enforcement of the law, and the socioeconomic factors which hinder development. Although cocaine trafficking is considered a major lucrative crime but these criminal networks also consider smuggling of migrants and human trafficking as profitable businesses, hence transnational trafficking networks are considered major organized criminal groups. Definition of Key-Terms 1. TOC Transnational organized crime (TOC) is the term used to depict crimes that are organized and coordinated across national borders of countries worldwide. These felonies are controlled by criminal groups, corruptive governments, single individuals or cartels and gangs. In order to maintain the financial capacity of these cartels or corporations, illicit actions and businesses must be carried out using violence and coercion methods. Crimes ROSMUN 2017 Page 1
and felonies that are indentified in the TOC range include: drug trafficking, Narcoterrorism, human trafficking, trafficking in arms, sex slavery, illegal immigration, cybercrime and money laundering. 2. Narco-terrorism The term was used primarily by former President Fernando Belaunde Terry of Peru back in 1983 to illustrate some of the illicit and terrorist actions organized across Peru s national borders. The term Narco-terrorism means the illicit trafficking and smuggling of drugs across borders. Narco-terrorism is coordinated in order to fund and recruit members to terrorist groups. 3. Anti- Narcotics Many campaigns have been organized worldwide to serve the purpose of eliminating the use of illicit drugs including the "Colombia, a drug free territory" campaign organized by the UNODC and the government of Colombia to raise awareness among the public about the use of poisonous drugs. 4. Drug Cartels Drug Cartels is a term applied to any organization with the intention of conducting illicit drug trade operations. Mexican cartels are the most commonly known nowadays since they have highly contributed in the consumption of cocaine in the US. The structure of each cartel constitutes of Falcons (who are the eyes and ears on the streets), Hitmen (who are the armed party within the cartel), Lieutenants (who control the Hitmen and Falcons), and lastly the Drug Lords (highest position in the cartel). 5. Syndicates A syndicate is a small group of people that come together to promote a certain ideology or a common interest, usually in a negative intention. ROSMUN 2017 Page 2
6. Guerillas Individual fighters of terrorist and illicit groups that operate in TOC actions are called Guerillas. 7. FARC The Revolutionary Armed Forces of Colombia (FARC) People s Army, they are a guerilla group which was funded by kidnaps, ransom, illegal immigration, Narcoterrorism and illegal mining. 8. SL or the Shining Path The SL or the Shining Path is a communist militant group of Peru founded in the 1970s by Abimael Guzman. They are funded by terrorist operations, illicit drug trade, kidnaps, human trafficking and illegal immigration. 9. Human Trafficking The term Human Trafficking refers to the illicit trade of humans. Human trafficking commonly occurs for the following objectives: sexual exploitation, forced labor, forced marriage, slavery or organ extraction. It can be coordinated with the borders of a nation or transnational ( operating across national boundaries ). 10. Coercion The implementation of fear, force, threats and violence to obtain obedience and compliance. 11. Money Laundering Money Laundering is the action of transforming profits and proceeds of TOC and corruption operations into allegedly legitimate assets. The term is nowadays used to depict the financial crimes, misuse of financial security systems, terrorist funds and evasion of national and international sanctions. ROSMUN 2017 Page 3
12. Illegal immigration It is the migration of citizens across international border in illegal means that violate the migration laws. Background Information As mentioned previously TOC poses major threat to the instability of the region and affects other countries as well as transnational crimes spread across borders. Cocaine trafficking is the major crime as it is closely linked to the escalation of violence. Drug Cartels Mexican Cartels Mexico s illicit narcotic trade is controlled by numerous Mexican cartels, which are divided to two main branches: 1. Small syndicates that trade illicit drugs (mostly cocaine) among the streets of the country. 2. Mexican Cartels that produce and distribute narcotics across the border illegally to not only neighboring countries but also to countries in Asia and Europe. These cartels also contributed in the Mexican Drug War in 2006. Some of the most famous Mexican Drug Cartels include, the Gulf Cartel, Sinaloa Cartel and Tijuana Cartel. Gulf Cartel The Gulf Cartel was founded by Juan Nepomuceno Guerra in the 1930s. Juan Nepomuceno Guerra commenced smuggling alcohol across borders of the US illegally in 1933 (Prohibition era in the US), and since then the cartel started dealing with gambling houses, a car theft network, prostitution rings, and other illegal smuggling. In 1984, Juan García Ábrego (his nephew) cooperated with him and together they founded the Gulf Cartel, it was only then that they started to dedicate their deals primarily to illicit trade of narcotics. Throughout the years, the Gulf Cartel started operating numerous TOC actions including: assassinations, extortions, ransom and Narco-terrorism, incorporating in illicit trades of cocaine, https://en.wikipedia.org/wiki/gulf_cartel heroin and methamphetamine and building warehouses along the borders of northern Mexico where they would produce and preserve cocaine. By 1994, it was estimated the Gulf Cartel is ROSMUN 2017 Page 4
responsible for one third of drug shipment to the United States and are worth over 10 billion dollars. Tijuana Cartel The Tijuana Cartel is a Mexican cartel based in Tijuana, Baja California, founded by Javier Arellano Félix in the latest 1980s. Similar to the Gulf Cartel, Tijuana operate in drug trade, kidnapping, illegal immigration and other organized crime. Mexico s routes are controlled by the three main cartels, Gulf, Tijuana and Sinaloa; however, between these three cartels, Tijuana is the least powerful. The Tijuana Cartel was once known as one of the biggest and most violent criminal groups in Mexico.", but that took a turn in 2006 when their founder was arrested by the Mexican government during the Mexican Drug War. Since then, the Cartel lost all of the powerful positions they held and were divided into to two new fractions, the Tijuana Cartel led by Javier Arellano Félix s nephews, and the Sinaloa Cartel led by his former lieutenants Héctor Luis Palma Salazar and Joaquín Guzmán Loera (also known as El Chapo). Areas predominately controlled by the Tijuana Cartel shown in purple https://en.wikipedia.org/wiki/tijuana_cartel Sinaloa Cartel The Sinaloa Cartel is a Mexican organized crime cartel based in Culiacán, Sinaloa. As aforementioned, the leadership of the Tijuana Cartel broke up when the main chief, Javier Arellano Félix was arrested. During his time of sentence, deputy chief Joaquín Guzmán Loera continued the leadership of the Tijuana Cartel, changing its name to Sinaloa Cartel, due to change of headquarters, since then, they proceeded with their trades as the Sinaloa Cartel. Sinaloa is specialized in producing opium and marijuana; it is responsible for the distribution of ROSMUN 2017 Page 5
over 200 tons of marijuana and heroin throughout the United States in the 1990s; making it Mexico's most powerful organized crime group." as described by the Los Anglos Times. Sinaloa Cartel distribution map throughout the United States 2016 http://www.businessinsider.com/el-chapo-guzman-caught-control-of-us-drug-market Human Trafficking Human Trafficking or Trafficking in Person (TIP) is the force and subjection of people whether children, minors or adults to illegally cross borders - internationally or locally - by the use of coercion and fraud for sexual exploitation, child soldier, child labor or sex slavery; these operations are usually organized by transnational organized crime groups. Human Trafficking is a growing issue that is affecting our world in the international spectrum, 34% of women trafficked from Mexico to the US are forced to work in sex slavery and prostitution rings against their own will. Children are kidnapped from the streets and forced into child labor or enlisted for terrorist groups; it is indeed a crucial issue that nations should take into consideration. However, in order to combat such issue, one must be able to distinguish all factors that lead to Human Trafficking in a certain region. Several factors contribute in the growth of human trafficking such as the factors that encourage and lead a vulnerable individual to accept the terms of trafficking even if it is for sexual exploitation; these factors are represented in poverty, lack of employment opportunities, history of sexual violence, narcotic and drug use, and memberships in cartels or gangs. Other factors are connected with the socioeconomic circumstances of each country, these factors include: a corrupted governments, the government s lack ROSMUN 2017 Page 6
effective enforcement laws, restrictive migration laws of neighboring courtiers, instability in the country and poverty; thus, trafficking becomes an incentive for individuals. Flow of Human Trafficking from Latin America to Neighboring Continents http://www.somaliaonline.com/police-find-6-somali-migrants-abandoned-by-people-traffickers-in-mexico-near-the-border-withguatemala/ Illegal Immigration Illegal immigration is crossing the borders of a nation illegally, without holding an entry visa, in other words violating the immigration laws of that nation. Countries of the EU and the USA implement the term Illegal Immigrant depending on the following categories: 1. "Seemingly regular registered foreign nationals with falsified papers". 2. "Children without resident status". 3. "Aged family members without resident status. ROSMUN 2017 Page 7
4. "Unemployed foreign national without resident status". 5. "Foreign nationals without residence status in regular tax-paying jobs." "Irregular immigration" also includes people who reside in the country (legally or illegally) and who are working illegally. 6. "'Tourists' from non EU countries in irregular unregistered jobs". 7. "Foreign nationals without residence status working in irregular unregistered jobs". 8. "Foreign nationals with residence status and without work permission, in irregular unregistered jobs" 9. "Foreign nationals with residence status and work permission, in irregular unregistered jobs." Source: The Leading Source for Pros and Cons of Controversial Issues http://immigration.procon.org/view.resource.php?resourceid=005235 Illegal Immigration estimated during 2014-2015 Country Argentina USA Number of illegal immigrants 1.5 million Undocumented immigrants. 12 million Undocumented immigrants ( Mostly from Mexico and Central America ) Percentage of the overall population 4.5 % of the population 3.44 % of the population Chile 50,000 illegal immigrants 0.3 % of the population Brazil 0.7 million illegal immigrants 0.35 % of the population Venezuela 200,000 illegal immigrants ( Mostly from Colombia) 0.7 % of the population ROSMUN 2017 Page 8
Narco- Terrorism Narco-terrorism is also linked to TOC. The term Narco-terrorism was originally founded by the Peruvian President Fernando Belaúnde Terry to describe attacks against antinarcotics police back in 1983. Throughout the 1900s, many nations of Latin America and the Caribbean faced challenges related to this issue including the conflict with the FARC, the Revolutionary Armed Forces of Colombia- People s Army ( Fuerzas Armadas Revolucionarias de Colombia Ejército del Pueblo ) which was involved in the trade of illicit drugs and narcotics, ransom, kidnaps, and bombings across the country until an agreement was reached with the Columbian government for a peace deal in 2016. The US State Department considers the three groups; namely, the Shining Path (SL), Revolutionary Armed Forces of Colombia (FARC), and the National Liberation Army (ELN) as Foreign Terrorist Organizations (FTOs).USA also has concerns regarding Venezuela s lack of cooperation on antiterrorism efforts and its relation with Iran. Therefore, sanctions were imposed on Venezuela. Relevant UN treaties and resolutions and events Security Council, Resolution 2195 (2014) - SC/11717, which urges members states to take international measures and actions in order to break links between terrorist groups, and Transnational Organized Crime groups. Security Council, Resolution 2261 (2016) - SC/12218, the decision of establishing a political mission in Colombia to monitor, verify the ceasefire and cessation of hostile actions for whole year by UN international observers was taken. Security Council, Resolution 2307 (2016) - SC/12514, Welcomes Colombia Peace Agreement, Approves Mission Mandate, Deployment of Observers between the Government of Colombia and the Revolutionary Armed Forces of Colombia People s Army (FARC-EP) Source : https://www.un.org/press/en/2016/sc12514.doc.html UNODC The United Nations Office on Drugs and Crime (UNODC) is an international organization founded in 1997 through the merge of United Nations Drug Control Programme and the Centre for International Crime Prevention to fight against the illicit ROSMUN 2017 Page 9
drug trade and transnational crime. The UNDOC operates by concentrating on three different pillars which include enhancing the capacities of nations to counteract terrorism and crime, launching research centers to increase knowledge about drug use, and lastly provision of legislative guidance for member states to improve the enactment and implementation against TOC. United Nations Convention against Transnational Organized Crime and the Protocols Thereto which was adopted by the General Assembly in Resolution 55/25 of 15 November 2000 to combat Transnational Organized Crime. Security Council, Resolution 2331 (2016) - SC/12647, Condemns Human Trafficking in Strongest Terms Source : https://www.un.org/press/en/2016/sc12647.doc.htm Previous attempts to solve the issue As stated previously, many measures, programs, organizations, campaigns and resolutions have been made in order to combat this issue, and we cannot deny the fact that all of these measures have helped in combating transnational crime. One of these measures that have truly encouraged nations to combat this issue was the War on Drugs movement. The War on Drugs is an American campaign launched in June 18, 1971, by United States President Richard Nixon, which focused on eradication, interdiction, and incarceration, in other words, it focused on the prohibition of illicit drug use, and military aid and intervention in countries suffering from such issue. The Organization of American States (OAS), which is a regional organization, has carried out several measures against the illicit drug trade and transnational crime through several projects that focus on reducing demand and supply. The UN Convention against Transnational Organized Crime and the Protocols thereto, is a major convention that was adopted in 2000 and entered into force in 2003 which emphasizes the significance of cooperation in combating Transnational Organized Crime in all of its forms. Several measures have been taken by different countries in the region to ensure combating TOC some of which proved helpful; yet much still to be made. For example, Mexico, which is the second largest producer in the world, producing 50 metric tons of pure heroin and 125 metric tons of black tar per year and one of the largest countries which suffer from human trafficking and illegal immigration has been conducting War on Drug Cartels. Despite the constant conflict between the US and Mexico, the Mexican government has launched several movements that aim to reduce the illicit drug use among the Mexican youth and reduce human trafficking, including ROSMUN 2017 Page 10
Anti-drug campaign and the Blue Heart campaign against human trafficking and the Mexican security strategy in 2006. In Columbia and during Plan Colombia, the US spent billions of dollars on counterinsurgency training and military equipment for the Colombian government to combat the left wing guerillas of the FARC. In May 2014 an agreement was reached between the Revolutionary Armed Forces of Colombia (FARC-EP) and the government of Columbia regarding illicit drugs to ensure resorting to legal activities instead of illegal ones and in June 2016 a ceasefire was signed between the FARC and the government of Columbia which marked the end of war which lasted for years. Furthermore, despite all the corruption found in Colombia, they are working relentlessly to combat TOC groups. This was evidenced by the establishment of new anti-drug programs, new anti-drug campaigns with the cooperation of United Nations Office on Drugs and Crime (UNODC), including the "Colombia, a drug free territory" which aims to completely eradicate the use of illicit drugs and make Colombia a drug free territory. Other countries in the region have taken similar measures; nevertheless, TOC is still a threat which should be tackled. Possible Solutions Undoubtedly transnational organized crime threatens security, stability and sustainable development of Member States. Combating Illicit trafficking in drugs, humans, and arms are viable solutions. Furthermore, addressing the issue of money laundering, corruption of governments, lack of transparency and democracy, as well as the root causes which facilitate recruitment of those involved in such crimes would assist in formulating a sound resolution. Furthermore, since TOC is a transnational issue, it should be tackled on international level through cooperation among member states to ensure combating the criminal networks. Delegates should also think of solutions related to security of borders, in other words surveillance capacity of the national borders, financial capacity, meaning how these organized crime groups are funded and what incentives they provide to their members. Furthermore, Countries in the region need assistance in improving investigation measures, combating judicial corruption, enhancing law enforcement capacities and formulating national and international crime prevention plans. ROSMUN 2017 Page 11
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2017. Useful Links 1. http://www.unodc.org/documents/toc/factsheets/toc12_fs_general_en_hires.pdf 2. http://www.unodc.org/documents/toc/factsheets/toc12_fs_humantrafficking_en_hi RES.pdf 3. http://www.unodc.org/documents/toc/factsheets/toc12_fs_migrantsmuggling_en_h IRES.pdf 4. http://traccc.gmu.edu/pdfs/student_research/holmbergnarcoterrorism.pdf 5. https://fas.org/sgp/crs/row/rl33200.pdf 6. https://csis-prod.s3.amazonaws.com/s3fspublic/legacy_files/files/media/csis/pubs/pp_steinitz%5b1%5d.pdf ROSMUN 2017 Page 14