La Gendarmeria Nacional, Mexico's inadequate solution to drug cartel violence.

• Published date: 22 December 2016
• Author: Rico, Daniel
• Date: 22 December 2016

TABLE OF CONTENTS
                I. INTRODUCTION
                II. TWO DIFFERENT MECHANISMS TO REDUCE VIOLENCE
                 AUTODEFENSAS AND LA GENDARMERIA NACIONAL
                 A. Autodefensas
                 B. La Gendarmeria Nacional
                III. INCOMPATIBLE STRATEGIES OF THE AUTODEFENSAS AND LA
                 GENDARMERIA NACIONAL
                 A. Autodefensas: Protecting Mexican Citizens
                 B. La Gendarmeria Nacional: Protecting the Mexican
                 Economy
                IV. TENSION BETWEEN THE AUTODEFENSAS AND THE MEXICAN
                 GOVERNMENT AS A RESULT OF THE INCOMPATIBLE STRATEGII
                 A. Tension Between the Government's Desire to Control
                 Mexico's Security and the Autodefensas' Demand for
                 Autonomy
                 B. Tension Leads to Altercations Between the Autodefensas
                 and the Mexican Government
                V. THE FRENCH GENDARMERIE NATIONALE: LA GENDARMERIAS
                 INSPIRATION FOR REFORM
                 A. Mexico's Partial Adoption of the French Gendarmerie
                 Nationale
                 B. Enhancing La Gendarmeria: Three Avenues for Reform
                 Suggested by the French Gendarmerie Nationale
                VI. CONCLUSION
                

I. INTRODUCTION

Since 2006, roughly "100,000 people have died and more than 20,000 have disappeared ..." in Mexico as a result of drug cartel violence. (1) The Mexican government's proposed solution to reduce violence is the implementation of a new police force, La Gendarmeria Nacional ("La Gendarmeria"). (2) Meanwhile, the Mexican people, tired of the perceived government inaction, formed vigilante forces to reduce the violence. (3) As a subset example of the vigilante movement, this Note will focus on the vigilante forces within the Mexican state of Michoacan, known as the "Autodefensas." (4) The Autodefensas and La Gendarmeria differ in their methods to reduce violence. Although both groups' goal is to reduce violence in Mexico, the difference in approach creates a tension between them. This Note will argue that the Mexican government's implementation of La Gendarmeria is inadequate to reduce drug cartel violence in Mexico because it primarily focuses on protecting the government's economic reforms which do not address the public's ongoing oppression under the Templarios Drug Cartel of Michoacan. The discussion of La Gendarmeria's inadequate conduct begins in Part II, which focuses on two mechanisms to reduce violence in Michoacan, the Autodefensas and La Gendarmeria. Part III defines the respective violence reduction methods of La Gendarmeria and Autodefensas. Part III then demonstrates that the respective methods are incompatible. Part IV emphasizes the conflicts arising out of the tension between the Autodefensas and La Gendarmeria. Part V proposes possible reforms for La Gendarmeria based on France's similar police force, the Gendarmerie National (French Gendarmerie).

II. TWO DIFFERENT MECHANISMS TO REDUCE VIOLENCE: AUTODEFENSAS AND LA GENDARMERIA NACIONAL

Mexico seeks to reduce violence. Two distinct mechanisms arose to reduce the violence in Mexico. (5)

A. Autodefensas

The Autodefensas arose in Michoacan as a direct response to the Mexican government's inability to protect the citizens from the Templarios, the Mexican drug cartel. The Autodefensas are vigilante forces that operate throughout the Mexican state of Michoacan. (6) The drug violence in Michoacan escalated in 2006 as a result of former Mexican President Felipe Calderon's war against organized crime. (7) The Autodefensas formed because the Mexican government failed to protect the citizens of Michoacan from the violence and oppression perpetrated by the Templarios.

In February of 2013, the Autodefensas in the Mexican state of Michoacan began to directly combat the Templarios. (8) The Templarios dominate the rural areas of Michoacan due to the lack of infrastructure in the state, specifically a legitimate local police force. (9) The Autodefensas formed in the rural areas of Michoacan because of the Templarios' dominance. (10)

The Autodefensas are comprised of common, untrained Michoacan citizens. These citizens are civilians that were former farmers, businessman, and professionals. (11) As a result, the citizens and their families have been the primary victims of the Templarios' violence because of their inability to protect themselves from the Templarios. (12) The citizens lacked the formal police or military training needed to combat the Templarios. (13)

Despite their diverse backgrounds, the Autodefensas are connected through a sense of duty to combat the Templarios. The sense of duty derives from the desire to protect family and friends from the Templarios' violence. (14) Thus, the Autodefensas are committed to combating the Templarios despite the apparent risk of death or injury. (15)

B. La Gendarmeria Nacional

"La Gendarmeria realizara acciones de seguridad para prosperar" [The Gendarmeria will act to ensure security]. (16) La Gendarmeria was a major facet of Mexican President Nieto's platform during the 2012 Mexican presidential elections. (17) On August 22, 2014, La Gendarmeria, at 5000 members, was inaugurated as the new special police force of President Nieto's government. (18)

La Gendarmeria is distinguished from previous corrupt Mexican police forces that were unsuccessful in reducing the violence in Mexico. (19) The inadequate management of the police force was first established under Mexico's first dictator, Jose de la Cruz Porfirio Diaz. (20) President Nieto intends to create an uncorrupt police force and identified three factors that distinguish La Gendarmeria from previous government police forces. (21) The three factors are: "a structure that is both police and military oriented," "proximity with the Mexican citizens," and the "ability to move quickly to wherever it is needed." (22)

The rigorous and competitive officer selection process of La Gendarmeria was Mexico's first step to alter the trend of corrupt police forces. According to government officials, the rigorous selection process was established because, "the force ... was expected to be a 'new model' of corruption-free policing." (23) The competitive process increases the likelihood that the selected officers are committed reducing violence in Mexico. (24) By creating a rigorous and competitive selection process, the Mexican government increases the likelihood that the selected officers arc dedicated to serving La Gendarmeria's goal to reduce violence.

The highly selective process resulted in a diverse Gendarmeria membership that facilitates the creation of a corrupt free police force. As previously mentioned, the government hopes to create "a 'new model' of corruption-free policing." (25) La Gendarmeria could benefit from the lack of experience because the new officers are not derived from the unsuccessful police forces. (26) For example, despite the lack of experience, a vast majority of the members have strong educational backgrounds. (27) The combination of young, inexperienced, and educated members of La Gendarmeria enables the government to implement and mold a new "corrupt-free" police.

In order to facilitate a corrupt free mentality within La Gendarmeria, the Mexican government supplied the force with substantial resources. (28) The Mexican government invested in three notable resources for La Gendarmeria: wages, training, and equipment. The first investment was used to create relatively high wages for La Gendarmeria officers. (29) The second investment bolstered the quality of training that La Gendarmeria officers received. (30) The third investment was used to modernize the equipment of La Gendarmeria. (31) Further, the investment in the La Gendarmeria has incited optimism within Mexico's prominent scholars. (32)

Despite the promising implementation of a corrupt-free police mentality, La Gendarmeria's relatively small size renders it difficult for the force to reduce the level of violence in Mexico. The police force inaugurated in August was a fraction of the promised size at only 5,000 officers. (33)

III. INCOMPATIBLE STRATEGIES OF THE AUTODEFENSAS AND LA GENDARMERIA NACIONAL

The strategies of the Autodefensas and La Gendarmeria are incompatible because of the differing methods to reduce violence in Mexico. (34)

A. Autodefensas: Protecting Mexican Citizens

The primary goal of the Autodefensas is to protect the citizens of Michoacan from the Templarios drug cartel. The Templarios engage in activity such as extorting money from Michoacan citizens. (35) The threat towards the family members of Michoacan citizens' has even prompted several individuals to return to Mexico from the United States to join the Autodefensas. (36) The returning Michoacan citizens demonstrate the Autodefensas' strong desire to protect their families from the Templarios. (37)

To further protect their families, the Autodefensas combat the Templarios that extort the economic activity of Michoacan citizens. The Templarios extort Michoacan citizens' economic activity by disrupting agriculture and real estate activity. (38) The extortion has resulted in the Templarios taking control of the agricultural activity of the citizens. (39) Another economic activity that the Templarios control is the real estate in Michoacan. (40) The protection of economic activity provides motivation, in addition to protecting family members, for the Autodefensas to combat the Templarios.

Reducing the Templarios dominance in the economic sector contributes to the overall goal of reducing violence because the Autodefensas increase their ability to defeat a less dominant cartel. In 2014, the Autodefensas successfully began to reduce the Templarios' ability to extort Michoacan citizens. The Autodefensas began to combat unlawful property seizures. (41) For example, when the land is recovered, it is promptly returned to the rightful owner. (42)

The Autodefensas' success in reducing the Templarios' dominance in the economic sector of Michoacan promoted a sense of authority in the force. (43) The Autodefensas' victory over the Templarios strengthens the authority of the force because they successfully reduce the cartel's influence in Michoacan. (44)

The Autodefensas assert their authority by maintaining...