Columbia International Affairs Online: Working Papers

CIAO DATE: 04/2013

Peña Nieto's Challenge: Criminal Cartels and Rule of Law in Mexico

March 2013

International Crisis Group

Abstract

After years of intense, cartel-related bloodsh ed that has claimed tens of thousands of lives and shaken Mexico, new President Enrique Peña Nieto is promising to reduce the murder rate. The security plan he introduced with the backing of the three biggest parties gives Mexico a window of opportunity to build institutions that can produce long-term peace and cut impunity rates. But he faces many challenges. The cartels have thousands of gunmen and have morphed into diversified crime groups that not only traffic drugs, but also conduct mass kidnappings, oversee extortion rackets and steal from the state oil industry. The military still fights them in much of the country on controversial missions too often ending in shooting rather than prosecutions. If Peña Nieto does not build an effective police and justice system, the violence may continue or worsen. But major institutional improvements and more efficient, comprehensive social programs could mean real hope for sustainable peace and justice. The development of cartels into murder squads fighting to control territory with military-grade weapons challe nges the Mexican state’s monopoly on the use of force in some regions. The brutality of their crimes undermines civilian trust in the gov- ernment’s capacity to protect them, and th e corruption of drug money damages belief in key institutions. Cartels challenge the fundamental nature of the state, therefore, not by threatening to capture it, but by damaging and weakening it. The military fight-back has at times only further eroded the trust in government by inflicting serious human rights abuses. Some frustrated communities have formed armed “self- defence” groups against the cartels. Whatever the intent, these also degrade the rule of law.