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Police Reform in Guatemala: Obstacles and Opportunities
Police Reform in Guatemala: Obstacles and Opportunities
Table of Contents
  1. Executive Summary
Mexico is Already the Immigration 'Wall' Some Politicians Want
Mexico is Already the Immigration 'Wall' Some Politicians Want

Police Reform in Guatemala: Obstacles and Opportunities

To stem the violence that kills thousands of Guatemalans each year, the government must find the resources and will to carry out long-stalled reforms of the national police.

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Executive Summary

The 25,000 members of the National Civil Police (PNC) are on the front lines of Guatemala’s battle against crime. But all too often citizens distrust and fear the police – widely dismissed as inefficient, corrupt and abusive – as much as the criminals. Underfunded, poorly trained and often outgunned, they are frequently incapable or unwilling to confront criminals and gain the public trust needed to build a state based on rule of law. Drug traffickers, including Mexican cartels, move at will across porous borders, while criminal gangs dominate many urban areas. The government of President Otto Pérez Molina must reboot and revitalise police reform, as part of an overall effort to strengthen justice and law enforcement, with financial support from the U.S. and other countries interested in preventing Guatemala from becoming a haven for organised crime. Progress has been made, but achievements are fragile and easily reversed.

Since the 1996 peace accords that ended 36 years of armed conflict, donors have poured tens of millions of dollars into police and justice sector reform. But despite these efforts, Guatemala, with its neighbours in the Northern Triangle of Central America, remains one of the most violent countries in the world. Governments have repeatedly promised reform, including the Pérez administration that took office in January 2012. The new president, a retired general, campaigned on the promise that his government would combat crime with an “iron fist”. Since then, he has deployed troops to help patrol high-crime areas, reinforced the military in border regions to fight drug trafficking and declared a state of siege to quell a local protest. He has also promised to strengthen the police by adding thousands of recruits, while restarting stalled efforts to overhaul the institution. The question is whether his government will be able to muster the resources and will to bolster institutional reform or will rely primarily on militarised crime-fighting operations that provide short-term gains without solving long-term problems.

Some projects may provide templates for broader institutional change. Certain investigative units have demonstrated that the police can – given the proper resources, training and supervision – solve complex crimes. The UN-spon­sored Commission Against Impunity in Guatemala (CICIG) is providing training to both police and prosecutors. There are also encouraging developments within the area of preventive or community-oriented policing. In two municipalities outside Guatemala City, Villa Nueva and Mixco, activist mayors are trying to combat gangs and create stronger ties between the local communities and law enforcement. Those cities are also the location of two “model precincts”, supported by the U.S. government, which finances the vetting and training of police and supports programs designed to strengthen police-community collaboration.

But these efforts are dependent on the financial aid and political backing of donors. The initiatives in Villa Nueva and Mixco rely on local politicians whose successors may not share their commitment. It is unclear whether reform efforts have enough support within the PNC hierarchy to survive over the long term. Without strong and consistent backing from the national government, business, civil society and the international community, the lessons learned from these pilot projects may be lost before they can be perfected and replicated.

Compounding the difficulties reformers face is that change must take place following a decade of rising violence, much of it fuelled by organised crime, including Mexican drug cartels. High crime rates tend to overwhelm incremental progress, making it harder to resist calls for tough solutions that rely on the superior strength and discipline of the army. Using the army to fight crime, however, further demoralises and weakens the police, especially when the military’s role is poorly defined. This makes it harder in the long run to build the competent civilian forces needed to enforce the law under stable, democratic regimes.

There is no single, fail-safe formula for reshaping an institution as complex as the police. Nor do police exist in a vacuum; permanent change can only take place within broader efforts to battle corruption and favouritism within the justice system as a whole. Nonetheless, there are steps that the government, with international backing, should undertake to ensure that the PNC becomes a professional force capable of investigating and preventing the crime that threatens Guatemalan democracy.

Guatemala City/Bogotá/Brussels, 20 July 2012

Mexico is Already the Immigration 'Wall' Some Politicians Want

Originally published in Los Angeles Times

“Mexico is a critical partner,” President Obama reminded reporters during a joint news conference with Mexican President Enrique Peña Nieto on July 22, “and is critically important to our own well-being.” The two presidents praised not only their countries’ immense cross-border trade but also bilateral collaboration on energy, the environment and counter-narcotics. Left unmentioned in their opening remarks was another crucial way Mexico is helping its northern neighbor: as a buffer between the U.S. and Central America’s Northern Triangle, where gang violence, chronic corruption and endemic poverty drives hundreds of thousands from their homes each year.

Two years after the flow of unaccompanied Central American children across the Rio Grande generated U.S. headlines, the humanitarian crisis continues.  Today it plays out mostly in Mexico, whose government has become the region’s “deporter-in-chief,” last year sending back 166,000 Central American migrants, including about 30,000 children, more than twice as many as the 75,000 deported from the United States. By detaining and deporting migrants, Mexico has in effect become the “wall” certain politicians are calling for — which of course does nothing to solve the underlying problems.

Over the past decade, Guatemala, Honduras and El Salvador have seen homicides spiral out of control, approaching levels of bloodshed last seen during the armed conflicts of the 1980s. Gangs dominate major cities and many smaller towns, forcing even the poor to pay extortion. Most chilling for families is the forced recruitment of young boys and girls.  Saying no to the gangs, say refugees interviewed along the border, would mean a death sentence.

The dangers do not end for those who manage to cross into Mexico. Undocumented migrants make perfect victims.  Fearful of authorities, they are highly unlikely to report even violent crimes, such as robbery or rape.  Groups specializing in extortion and kidnapping also know that many migrants have relatives in the United States who can be tapped for ransom money.

Irregular migration, swollen by forced displacement, ends up fueling organized crime and corruption.  No longer can a migrant pay guides – known as coyotes or polleros (chicken herders) – just enough to be smuggled across the US border. Now they must rely on networks that charge thousands of dollars to assure safe passage across territories controlled by various criminal bosses, while paying officials to look the other way.

Regional leaders are finally recognizing that the massive outflow of people from Central America is much more than migration as usual.  The United States has agreed to expand efforts to admit refugees directly from the region so they avoid a long, dangerous journey north. Under an initiative announced July 26, a program previously limited to the under-age children of Central Americans lawfully in the U.S. will now include siblings who are over 21, as well as caregivers. Those most vulnerable could be relocated in Costa Rica while awaiting approval for entry into the United States.

This initiative, however, is unlikely to discourage the hundreds of thousands of Central Americans who enter Mexico each year — in part because the country is no longer just a transit country, but also a destination in its own right. Petitions for refugee recognition have more than doubled, straining Mexico’s capacity to process them fairly and efficiently.  Although its refugee commission is offering asylum to a larger proportion of applicants, the numbers deemed eligible still represent only a fraction of those needing protection. 

In the long run, Central American governments must address the economic and institutional failings that turn young people into gangsters and end the impunity of both criminal leaders and corrupt officials.

In the immediate run, the United States should help its “critical partner” stop the cycle of deportation and re-migration by providing Mexico with the resources it needs to shelter asylum applicants, adjudicate their claims efficiently and fairly, and then resettle them where they can lead productive lives.