Assignment
Assignment
THE THREAT OF
TRANSNATIONAL
ORGANIZED CRIME
26
maintains a longstanding database on elephant ivory groups most commonly associated with 1
seizures. “organized crime” in the public imagination.
Concrete examples include the various mafia
How is the global situation changing? organizations in Italy; the American ethnic mafias (Italian,
Data from these sources can tell us something about Irish, Jewish, Polish and others); the Yakuza of Japan; the
developments in specific markets, but can anything sensible Triads of Hong Kong and the Tongs of Chinatowns
be said about trends in transnational organized crime worldwide; the favela gangs of Brazil; some street gangs in
generally? Much of the discussion to date has been the United States, Central America and the Cape Flats of
conducted by law enforcement authorities, and, for reasons South Africa; and many others.
described above, law enforcement authorities have been This form of organized crime grows in
deeply concerned about the nature of the groups involved in geographic areas and communities that
organized crime. There appears to be general consensus that the state has neglected, such as slums
both highly structured and loosely structured organizations and new immigrant neighbourhoods.
are involved in transnational organized crime, and a number Socially excluded communities
of authorities have argued that the former are losing out to frequently respond to the lack of
the latter. opportunity by creating their own
For example, in 2001, the European Commission claimed: sources of credit, job access and
… traditional hierarchical structures are being security. Unregulated, these schemes
replaced by loose networks of criminals...7 can devolve into loan sharking, labour
racketeering and protection rackets.
In 2004, a United Nations High-Level Panel found that: What began as the efforts of a
Organized crime is increasingly operating through marginalized community to protect and
fluid networks rather than more formal hierarchies. provide for itself can transform over
This form of organization provides criminals with time into a source of predation,
diversity, flexibility, low visibility, and longevity.8 threatening their own community and
the society at large.
In its 2006 Organized Crime Threat Assessment, Europol
notes: Similarly, where the state forbids goods
OC groups are also becoming increasingly and services for which there is
heterogeneous and dynamically organised in nonetheless strong demand (for
structural terms, moving towards loose networks example, drugs, gambling and
rather than pyramidal monoliths.9 prostitution), selfappointed authorities
can assume a regulatory role.
According to the 2008 United States Department of Distribution centres are often located in
Justice’s Strategy to Combat International Organized marginal areas, and organized crime
Crime: groups have strong incentives to keep
International organized criminals have evolved these areas marginal. In order to secure
toward loose network structures and away from the loyalty of the local population, they
traditional hierarchical structures.10 may offer a range of community
services, providing support for people
If true, this represents a remarkable development across a not sufficiently served by the state. But
range of highly disparate activities, from elephant poaching however beneficent they may appear
in Central Africa to child pornography rings in Eastern locally, they remain violent criminals,
Europe. To understand this point better, it is necessary to enriching themselves through antisocial
look in some depth as to what are meant by “hierarchical activities, and ultimately accountable
structures” and “loose networks”. “Hierarchical structures” only to themselves.
seems to refer to the kind of groups that emerge in low-
governance areas around the world, which have an These territorial organized crime groups have
institutional identity of their own and typically engage in a been known by different names around the
wide range of criminal activities in the territories they world, and some of the currently active groups
control (i.e. “the mafia” and similar structures ). The “loose have existed for generations. As longstanding
networks” may be a reference to the mutable commercial organizations, they have been essentially
ties between buyers and sellers of contraband in illicit conservative, usually hierarchical, and often
markets around the world. Human beings seem to have a clannish. Their concerns have been chiefly
natural tendency to self-organize, and do so spontaneously local, providing for and exploiting their parent
when no higher authority provides order. People and communities, while combating rival groups
activities that the state fails to regulate tend to fall under the and the state. They tend to be engaged in
control of local actors, who then vigorously defend this multiple criminal activities in their territories,
power from reacquisition by the state. Without the formal rather than specializing in a particular
apparatus of government and access to the courts, local commodity or service.
strong men are compelled to settle disputes with violence,
The latest wave of globalization has
or at least the credible threat of violence. These strong men,
proven to be both an opportunity and a
and the organizations they build, constitute the hierarchical
challenge for these traditional
Case studies of transnational threats 27
THE THREAT OF TRANSNATIONAL ORGANIZED CRIME
hierarchical groups were coordinating
their activities in a vast global
organized crime groups. Although conspiracy.12
many have been involved in
transnational trafficking for years, their This portrayal of organized crime provided a kind of local
rigid structure and focus on rival army with which to war, and glossed over any
maintaining local authority has caused structures that did not fit the model. The media fascination
some to miss emerging global with the image of an underground empire continued to
opportunities. This has led a number of grow, and the fear this generated may have become a source
authorities to argue that they are being of funding for further law enforcement against these
“replaced” by smaller, more flexible groups. Only with growing scrutiny over time has this
groups, or “networks”. One popular image begun to crumble, and what had appeared to be
notion is that networks are an adaptive concerted action was, in many instances, determined to be
response to law enforcement pressure the activity of a range of actors responding to market
on the more visible traditional forces.
hierarchies, essentially the “next It is also possible that while transnational trafficking
generation” in organized crime. As markets have grown, traditional turf-based activities may
traditional groups are weakened have declined in value, leading to a decline in the
through repeated arrests and seizures, prominence of territorial groups. Turf-based groups have
the narrative goes, market gaps are always profited from transnational trafficking, either by
quickly filled by low-profile, agile trafficking on their own behalf or by taxing sale of
groups. This alleged evolution in contraband in their areas. But a number of social changes
organized crime would be parallel to and policy developments may have made conditions less
the development of “cell structure” in favourable for oldschool racketeering in the wealthier
terrorism. countries, including: the growth in easy access to credit; the
In fact, these networks are hardly decline in the influence of labour unions; policies favouring
groups at all, any more so than a the integration of new immigrants and the decline in
widget manufacturer, a shipping ethnically homogeneous neighbourhoods; the outsourcing
company and a local widget retailer are of manufacturing to developing countries; containerized
a “group.” With no independent shipping; greater transparency in hiring practices and
institutional identity, they are nothing government contracting; controls on patronage politics in
more than commercial connections of developed counties; the growth of private security
varying durability between individuals, companies; and liberalized policies on gambling and
all responding to a common interest in prostitution in many areas. With growing regulation at a
making money. And rather than being national level, it may be that the criminal opportunities
an adaptive response of traditional today are rather found in the unguarded interstices of the
groups, networks of market-driven transnational arena.
individuals have probably always Perhaps it is safest to say that the groups themselves have
existed in transnational trafficking, but become less important than the markets with which they
were less visible to law enforcement engage. For example, many types of groups have engaged
authorities focused on local crime in cocaine trafficking since the current boom began in the
problems. 1970s, with routes and conveyances shifting in response to
When organized crime first rose in enforcement efforts, internecine wars, trends in demand and
prominence, law enforcement the intricacies of geopolitics. Some of these groups were
authorities may have focused on an involved in a range of criminal activities, but far more were
opponent that was organized similarly specialized in cocaine. Many of these groups came and
to themselves. This impression was went, but the cocaine continued to flow. The nature of these
bolstered by the discovery of the mob groups was, in the end, less significant than the issues of
meeting at Apalachin, New York, in supply and demand.
1957, where some 70 senior gang Today, organized crime seems to be less a matter of a group
members from around the country were of individuals who are involved in a range of illicit
present. This incident was taken as activities, and more a matter of a group of illicit activities in
confirmation that the enemy was a kind which some individuals and groups are presently involved.
of anti-government or criminal If these individuals are arrested and incarcerated, the
corporation, secretly coordinating the activities continue, because the illicit market, and the
illicit activities of the nation. When the incentives it generates, remain. Strategies aimed at the
European authorities began looking for groups will not stop the illicit activities if the dynamics of
similar structures at about that time, the market remain unaddressed.
they may have imported a perceptual
bias from the United States.11 Some Law enforcement seems to have had trouble making the
commentators have even suggested that leap from focusing on groups to focusing on markets.
the leadership of the traditional Police officers, investigators and prosecutors are employed
28
to make cases against individuals and groups of individuals in the past. This report does not hazard 1
in a particular jurisdiction. They lack the authority and the much prognostication, but it does
tools to take on an entire trafficking flow. As hammers, they explore some of the risk factors that
seek nails, and tend to conceptualize organized crime as the affect the way transnational organized
activities of a collection of particular people, rather than a crime evolves over time.
market with a dynamism of its own.13
The enhanced movement of everything
This focus on building cases has been a real barrier to
A term with nearly as many meanings as
making progress against criminal markets because, in most
users, “globalization” generally refers to
countries, the combating of organized crime has been seen
the growing interconnectedness of the
as almost exclusively a matter of law enforcement. The
nations of the world following the
situation is further complicated because the problem is
global liberalization of trade at the end
international while the tools are inherently national. Penal
of the Cold War. Enhanced flow of
law is a matter of national legislation, which itself is the
goods was accompanied by enhanced
codification of long-standing cultural norms. Further, the
flow of capital and services and
criminal justice system is an essential mechanism for the
outsourcing of manufacturing. Global
maintenance of internal stability. As each breach of the
tourism has expanded, facilitated by
criminal law represents a kind of governance failure,
less restrictive visa regimes and cheaper
particularly when executed by an organized group, this
airfares. The simultaneous expansion of
activity is often regarded as a matter of national security.
the Internet and telecommunications has
High-level corruption is often involved, which can be
also led to globalization in a cultural
embarrassing for affected states. There are also legal issues
sense. Today, a wide range of products
involved in discussing the facts of pending cases and
and services can be accessed virtually
strategic reasons for silence on ongoing investigations.
anywhere in the world.
In short, the subject matter is sensitive, making
But the process of globalization has
international information-sharing and multilateral
outpaced the growth of mechanisms for
interventions difficult. And, historically, crime has been
global governance, and this deficiency
primarily a local issue, so there has been little motivation to
has produced just the sort of regulation
collaborate across borders on the topic. As the following
vacuum in which transnational
section argues, this attitude is bound to change due to our
organized crime can thrive. People and
growing appreciation of the threat posed by organized
goods can move more cheaply than ever
crime.
before, and criminals and contraband
can only be interdicted by national
What factors influence the evolution of organized governments. Human and commercial
crime threats? flows are too intense to easily
Transnational organized crime has evolved over time. Drug distinguish the licit from the illicit. Silos
epidemics have come and gone and resurfaced in new of sovereignty provide sanctuary to
environs. Human trafficking and firearms flows have those who, however harmful their
rapidly expanded in areas of conflict and subsided just as activities, are of use to the authorities in
rapidly. The end of the Cold War, the decline in the number one country or another. The open seas,
and severity of civil wars and the advance of globalization which constitute three quarters of the
have all impacted on organized crime in unpredicted ways. earth’s surface, remain essentially
In many instances, the inability of the global community to ungoverned.14 And the rapid pace of
predict these trends has resulted in damage that could have change itself provides opportunities for
been avoided with a little foresight. organized crime.
Of course, predicting storms in the The ease with which people and goods
complex weather of global affairs is a travel between nations today confounds
matter of considerable complexity and the regulatory attempts of any
uncertainty. But much can be learned by individual nation. The number of air
looking retrospectively at dynamics that passengers has grown at approximately
have affected organized crime problems 5% per
year over the past 30 years, enabled by the FIG. 20: GROWTH IN INTERNATIO-
introduction of wide-body jumbo jets in the NAL TRADE, 1948-2008
1970s, as well as airline deregulation.15 In 2007, the
world’s airlines flew more than 29 million Trend by region (billion dollars) 2008
4,353.1 Asia
Case studies of transnational threats 29
1948 38
x5
6,446.6 Europe
7
x 52
1.3
THE THREAT OF TRANSNATIONAL ORGANIZED CRIME
deregulation557.8 inAfrica
the late 1970s, median
11
x3
fares were found to have declined by
8.3
almost 40% between 1980 and
2,035.7 North A merica
17
2005. It is now easy and affordable to travel to cities previously considered
29 remote and inaccessible. The
expansion of civil aviation provides mobility needed x 1 illicit international activity.
for both licit and
20.7
30,000,000
25,000,000
20,000,000
15,000,000
26,150,000
10,000,000 5,000,000 0
7,377
Source: American Association of Port Authorities World Port Rankings, various years
21,710,000
Even more rapid has been the expansion in the growth of Similarly, internet fraudsters and identity thieves can find
global communications. The number of mobile phone
18,084,000 victims in the wealthy countries while safely ensconced in
subscribers increased from some 200 million in 1997 to 3.3 nations with little power or will to stop them. The money
14,557,000
billion in 2007. The International Telecommunications they skim can easily be moved through dozens of national
3,676
UNODC / SCIENCES PO
11,280,000
Union estimates the 2008 number at 4.1 billion; a yearly banking systems in a matter of minutes, making their
increase of 8,620,000
almost 25%. While telecommunication used to transactions nearly impossible to trace. The high volume of
be tied to a location, it has now become as mobile as its legal funds circulating 1,838
around the globe makes the
users. Moreover, in December 1991, the internet was movement of dirty money less conspicuous. Criminal cash
579
comprised of 10 websites; in July 2009, the number was is often moved to a different jurisdiction for placement in
59 84 157
20
close to 2402002million.
2003 It is2004impossible
2005 to2006
police2007
these the legitimate financial system, investment in property or to
1993
2003
2008
1948
1953
1963
1973
1983
information flows. Old forms of crime are supported by pay for illicit commodities or services.22
information technology, and new forms are emerging, Source: World Trade Organization
An example of a traditional crime that has been Most definitions of organized crime specify its profit-driven
revolutionized by global communications is child nature, and, like licit business, criminal enterprise is subject
pornography. Far from being a new phenomenon, the to the vagaries of the international economic climate.
internet has enabled cheap and instant global distribution to Certain economic circum-
millions of customers from concealed origins, usually
situated in countries where prosecution is unlikely. In the
past, the images would have had to be processed, printed
and the21:
FIG. hard copies distributed
MILLIONS via mail or USERS,
OF INTERNET retail outlets.
1997-2007
TEUs
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
Source: International Telecommunications Union make room for the new developments. They also 1
invested heavily in the boom, so that when the
bubble burst, their interference with the collection
3500
3,305
3000
2,757
2500
2,219
2000
1,763
1500 1,417
1,157
1000 961
738
500 490
318
215
0
2007
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
32
the working age population in developed countries is 1
expected to decline by 23% by 2050 without immigration. 28
The working age population of Africa, on the other hand, is
expected to almost triple, from 408 million in 2005 to 1.12
billion in 2050.29
536.3
42,813.3 United States of A merica
,988.2
,825.6
57,570.9 Europe
725.7 Mexico
853.4
7,202.3 Canada
,032.0
3,437.6 China
705.1
,876.9
6,792.8 South-East Asia and Pacific
,917.5
,887.6
4,970.7 Southern Africa
,546.4
,083.3
4,444.7 South A merica
,776.5
Case studies of transnational threats 33
12,084.2 Indian subcontinent
NCES PO
UNO
e: UN Population Division
34
people are currently in drug treatment worldwide, The profits generated through natural resource 1
equivalent to the entire population of Ireland. Studies of smuggling are driving whole ecosystems to the
people arrested for a range of crimes in the United States, brink of extinction. The true costs of this crime
Australia, and elsewhere have found that most test positive are impossible to reduce to a dollar figure – a world less
for drug use. In a 2008 study in the United States, 87% of diverse, the end of whole life forms, a shortsighted error
people arrested in 10 major cities tested positive for drugs. 31 impossible to correct.
Few would dispute the seriousness of the crime of human Indirect impact
trafficking, but far less is known about its extent. Based on Aside from the damages directly caused by specific forms
data from 111 countries and of crime, there is one that is common to all: the insidious
erosion of state control. Traditional organized crime groups
FIG. 25: SIZE OF GLOBAL DRUG-USING
POPULATIONS, 2007
200
millions of people
150
100
50 38
4.4
0
Drug users Problem drug users Addicts in treatment
neglected by the official structures and by co-opting
whatever vestigial state agents remain. In other words,
organized crime groups gradually undermine the authority
and the health of the official government.
300
Why is this a problem? Insofar as the official state
structures provide value, this value is threatened by the
Source: World Drug Report growth of parallel structures. Organized crime groups are
territories (not including China or India), 21,400 victims inherently unaccountable, they are not subject to democratic
were detected world-wide in 2006. These are just the controls, and their chief aim is the enrichment of their
victims detected, and it is estimated that only one in 20 or membership, not the advancement of society. Where they
one in 30 victims are ever recognised. If true, this represents are predominant, development can become impossible,
and immense pool of human suffering. In addition, there are because any contract that is not to the advantage of the
as many as a million images of child pornography currently dominant groups will be nullified. In areas where the
circulating on the Internet, each of which represents an act official state structures are particularly bad, organized crime
of human trafficking and a crime against the most basic groups may appear relatively attractive. But the solution in
moral principles. The impact of these crimes is impossible these cases is to improve governance, not to cede authority
to quantify. to those who enrich themselves through antisocial activities.
Many mistakenly believe the primary impact of product Since the network groups do not seek to wrest territory from
counterfeiting is loss of revenues to rights holders, but the state control, their impact is even more insidious, but can be
crime has far more serious implications. Manufacturers of just as important. Most transnational trafficking requires
counterfeits have little incentive to adhere to safety smuggling, and the surest means of smuggling is through
regulations, since they have no reputation to protect or corruption. In poorer states, the corruption can go straight to
liability to fear. Substandard or outright hazardous products, the top, and the highest authorities can quickly become
from toys to auto break pads, pose a serious public safety manipulated by traffickers. If opposed, these groups can
threat. Of greatest concern is counterfeit medication, which, engineer the removal of problematic officials, up to and
in addition to hastening the death of the many who go including the chief executive. If the state is uncooperative, it
untreated, can contribute to the generation of drug-resistant can support opposition groups or insurgents. Under these
strains of the most deadly pathogens. circumstances, the rational choice may be to give in to the
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