Corruption, El Salvador Government, International Relations, Mauricio Funes, Organized Crime, Partnership for Growth

Decriminalization and the Impact of Drug Trafficking in Central America

Decriminalization, or legalization, of drugs in Central America is a hot topic in El Salvador and Guatemala right now. Last Friday, Inside Story Americas, an Al-Jazeera news program, ran a program on the effects of drug trafficking on Central America, touching on the pros/cons of decriminalization.

The program was in response to comments made last week by Guatemalan President Otto Perez Molina, who said he would be open to decriminalizing drugs in an effort to address Guatemala’s security issues. The comments came after a meeting with Salvadoran President Mauricio Funes who also said he is also open to the idea. President Funes stated,

“Our government is open to discussion on any proposal or measure which achieves a reduction in the high levels of consumption in our countries, but particularly (to reduce) the production and trafficking of drugs. As long as the United States does not make any effort to reduce the high levels of (narcotics) consumption, there’s very little we can do in our countries to fight against the cartels, and try to block the production and trade in drugs.”

After returning to El Salvador from his meeting with President Perez Molina, President Funes backtracked a bit, saying that he does not favor decriminalizing drugs.

Saving the discussion about the pros and cons of decriminalization or legalization for another blog post, an interesting point of these recent conversations is the growing emphasis on the failure of the U.S. to curb its demand for drugs. Al Jazeera cited a recent government report that found that 22.6 million Americans used illicit drugs in 2010, nearly 9% of the population. While the number of users dropped from 2.4 million in 2006 to 1.5 million in 2010, the U.S. remains the largest consumer of cocaine in the world.

The Inside Story panelists said the heads of state in Central America, and even Mexico and Colombia who have talked about decriminalization, may be discussing decriminalization in order to pressure the U.S. into taking more actions to decrease demand. Experts from around the world agree that the “war on drugs,” as it has been fought over the past 40 years, has failed. Even President Obama has acknowledged that the U.S. needs to address the demand issue, and treat the issue as a public health problem.

U.S. policies have yet to change, though. In 2011, the National Drug Control Strategy had a budget of $15.5 billion, and the expenditures were roughly the same as in previous years. Approximately 1/3 ($5.6 billion) of the federal budget for the war on drugs was allocated for treatment and prevention – an increase of $0.2 billion from the 2010 budget. The remaining $9.9 billion was allocated for law enforcement, interdiction, and international support, the same as previous years.

In addition to the well-documented affects on Mexico and South America, the U.S. demand for illicit drugs produced in South America and trafficked through Central America and Mexico have very real consequences in Salvadoran communities.

El Salvador, Honduras, and Guatemala now comprise the most violent region in the world. While police officials blame 90% of the murders on local youth gangs, other government agencies, recently demoted police officials, and civil society organizations believe the violence is the result of international organized criminals who are trafficking drugs, guns, people, and laundering money. They estimate that only 10-20% of El Salvador’s murders are attributable to local gangs. The high murder rates have resulted in such insecurity in El Salvador that the U.S. aid program, Partnership for Growth, indentified it as one of the country’s two primary barriers to economic growth.

Traffickers use border communities, coastal villages, and other regions to move shipments from South American producers to North American markets. But they don’t just use these communities quietly – they often take them over, corrupting local government and police officials, making sure that local citizens and law enforcement do not interfere with their activities.

Along the coast, traffickers use small villages, ports and tourist destinations to refuel the small boats they use to transport drug shipments by sea. They also use these villages to transfer shipments that arrive by boat to cars and trucks, which then continue the journey north via land routes. Traffickers use communities along El Salvador’s borders with Honduras and Guatemala to move shipments without interference from border agents.

The cartels control these towns by putting local government and police officials on their payrolls. In turn these officials arrange for locals to move and provide security for shipments, and make sure that law enforcement agencies do not interfere. The local government and police officials maintain a culture of lawlessness that prevents political opposition and limits civil society.

One of the best examples of how traffickers work in El Salvador is the Texis Cartel, which was exposed in a report put together by El Faro in May 2011 and a companion video produced by the Washington Office on Latin America. The Texis Cartel ran a land route that trafficked drugs and other contraband from Honduras through northern El Salvador and on to Guatemala.

While it remains unclear how decriminalization or legalization would affect Central American communities, experts and even President Obama agree that the long-term solution must include a decrease demand in the U.S. Unfortunately, U.S. officials have yet to shift their priorities, forcing Central and South American governments to discuss other options. And until the U.S. can kick its cocaine problem, the violence will continue and the cartels will continue to control communities throughout the Americas.

Mauricio Funes, Politics

Funes Quickly Losing Support over Decree 743 Discontent

A few weeks after President Funes signed Decree 743 into law, requiring the Constitutional Court to make decisions by unanimous consent, Salvaodrans remain very concerned about the impact of the law and how the current standoff between the judicial and legislative bodies of government will play out. We now know that President Funes was involved in formulating Decree 743, and two representatives of his own FMLN were supportive of the measure, going as far as to ask the President to sign the bill into law the day it passed the legislature. This is contrary to the impression given by an FMLN press release last week that indicated it was the right-wing parties that pushed the bill through. ARENA party representatives were in fact supportive of the bill, but shortly after it became law, party leaders seemed willing to back its repeal. Their early support of Decree 743 was apparently motivated by their fear that the Constitutional Court was going to repeal the Amnesty Law as well as the law that ratified the Central American Free Trade Agreement. In expressing willingness to support a repeal of the law, the ARENA said they were misinformed about the law, but it seems more likely that they were reacting to the public’s disapproval of the law and saw a way to get an advantage in the 2012 municipal and local elections.

Another notable update is that the President did not in fact sign the original version of the decree that was passed by the Legislative Assembly; instead, he signed a one paragraph version of it. The missing four paragraphs of the measure included provisions that indicate what will happen if not all five magistrates are present may it be due to vacancies, inabilities to serve, absences, or any other circumstance.

As this crisis unfolds, one thing is clear – President Funes is losing support from all sides. His approval ratings have plummeted to 41%, down from 83% in April. While he may recover some of that support, its an understatement to say that President Funes spent some of his political capital on Decree 743, and it still remains unclear what he got in return. Maybe he didn’t expect such extreme fallout?

The FMLN is not united on this issue either. Though some have supported Decree 743, former Secretary General of the FMLN, Fabio Castillo said that after years of supporting the President, he now regrets voting for him in 2009. Shortly after his statement, Castillo was asked to resign from his current position in the consulting commission of the Ministry for External Relations.

Norma Guevara, a department secretary of the FMLN, says that she has proof that FUSADES, a non-profit organization that is often called a right-wing think tank, caused this constitutional conflict in order to destabilize the government. Whether or not this true remains to be seen, but it is certainly reasonable to think that organizations and individuals view this as an opportunity to discredit and weaken the Funes Administration.

The President was recently in Mexico from June 20-21 on a state visit aimed at addressing several of the issues facing both El Salvador and Mexico, such as migration, gang violence, commerce, and climate change, among other things. This visit comes amid this power struggle among the branches of government in El Salvador. With many people calling for the repeal of this decree, it will be interesting to see what actions will be taken upon President Funes’ return after a subsequent security conference in Guatemala.