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Assessing the Effectiveness of Anti-Gang Policies in El Salvador: A Case Study of MS-13 Criminal Gang

Introduction

Criminal gangs are structured communities of people who participate in unlawful activities like extortion, drug trafficking, robbery, and assassination Members of these groups can distinguish themselves via clothing, piercings, or other signs of identification, and they frequently have an organizational structure and rigid rules of behavior (Andell, 2019). Criminal organizations affect public safety and destabilize communities. El Salvador is a country battling crime syndicates and criminal organizations like the dominant Mara Salvatrucha (MS-13) gang. MS-13 criminal organization originally started in Los Angeles, California. This criminal organization has since then spread to Central America, where it has a sizable presence in El Salvador (Farah & Babineau, 2017). MS-13 gang is because the members use horrible techniques like murder, deception, and drug trafficking to execute crimes. The dominance of this gang in the nation has made the government of El Salvador enact various anti-gang laws in order to deal with MS-13 and other criminal organizations operating throughout the country. There has, however, been a heated debate about how effective gang policies are because little change has been observed. The purpose of this paper is to investigate the efficacy of anti-gang regulations in decreasing MS-13 operations in El Salvador by examining the measures enacted by the Salvadoran government and evaluating their impact on violent gangs in the entire nation. Thesis: In spite of the Salvadoran government’s attempts to deal with MS-13 via anti-gang regulations, violent gang activity in Salvador is still an important concern. Although certain measures have been effective in minimizing crime associated with gangs, others have had unforeseen repercussions that may increase the problem. This essay argues that in order to successfully fight MS-13 and minimize violent gangs in El Salvador, an integrated strategy combining prevention, intervention, and enforcement strategies is required.

Background on MS-13

The Mara Salvatrucha (MS-13) is the main criminal gang in El Salvador. The MS-13 criminal organization started in the 1980s in Los Angeles, California. It was formed by Salvadoran immigrants who left their homeland during the 1980s civil war and established themselves in the United States (Ruiz, 2021). The Salvadoran refugees encountered prejudice and assault from different street gangs in Los Angeles, prompting them to establish a separate gang for security. MS-13 criminal organization is currently famous and notorious for its heinous and violent behavior. These activities include drug trafficking, extortion, murder, robbery, and other crimes. Individuals also recognize this gang because it uses vicious and cruel techniques to subjugate its accomplices and frighten its opponents. The criminal organization uses execution techniques like beatings, stabbings, and even dismemberment. The power of MS-13 has made it expand to other regions of El Salvador and to Central America. Since then, the gang has dominated nations like El Salvador, Honduras, and Guatemala. From the beginning of the 2000s, the US government designated MS-13 as an international criminal group and started to act against the gang’s activities (Ruiz, 2021). This pronouncement made several MS-13 members to be deported back to their native nations, such as El Salvador. Currently, MS-13 is among the most violent and influential criminal organizations in El Salvador. Different statistics indicate that the MS-13 criminal organization has approximately 60,000 members in EL Salvador. Members of the MS-13 gang are known for their recognizable tattoos. They use these tattoos to recognize themselves and to demonstrate their allegiance to the gang. The tattoos include the letters “MS” or “13,” alongside other symbols and patterns that reflect the gang’s culture and beliefs.

MS-13 mainly seeks out youths, frequently teenagers, from at-risk neighborhoods. The criminal organization targets people who may be struggling with destitution, social exclusion, or a shortage of legitimate opportunities for education and employment (Blake, 2017). The gang is an appealing choice for many teenagers because it provides a sense of community, safety, and financial advantages for prospective recruits. There are multiple phases in the hiring procedure for MS-13. These phases include initiation rites, loyalty tests, and violent acts. Current participants usually introduce new members to the group and assess their ability to follow instructions and participate in gang-related events. When recruits pass these phases, they are required to adhere to the gang’s rigid code of behavior. MS-13 behavior code forbids members from working with authorities or other criminal organizations. All members of MS-13 in the United States are between 18 and 24 years (Blake, 2017). Some gang members are even as young as 14 or 15 years. According to research, most bandits in El Salvador have a considerably lower mean age. Some predictions indicate that as young as 10-year-olds participate in gang-related activities. It is very concerning when minors are recruited because it puts them in danger by exposing them to gang violence, abuse, and unlawful conduct at a young age.

The severe levels of crime and instability in El Salvador resulted from the MS-13 gang’s criminal activity and different acts of violence against its citizens. The government of El Salvador and other global institutions have put different initiatives to take on MS-13. However, the gang still operates with a great deal of freedom in many regions of the country (Farah & Babineau, 2017). MS-13 gang participants are infamous for terrorizing neighborhoods and attacking law enforcement, judicial, and other authorities who attempt to apprehend them to justice. MS-13 gang is associated with several severe crimes, such as human trafficking. The gang has a reputation for smuggling people across borders. These people include undocumented immigrants, females, and kids. Those affected by human trafficking frequently suffer both mental and physical abuse while being exploited for romantic or occupational gain with little to no restitution. MS-13 is among the primary criminal organizations involved in human trafficking in Central America. The gang particularly trafficked humans in El Salvador, Guatemala, and Honduras. MS-13 criminal organization has extensively grown because of trafficking individuals across the region (Farah & Babineau, 2017). MS-13 criminal organization poses a significant challenge to El Salvador despite the government’s efforts to eradicate this gang.

Anti-Gang Policies in El Salvador

The governing body of El Salvador has long had trouble controlling the expanding power of criminal organizations like MS-13. This has made the nation put in place various anti-gang measures or policies designed to weaken the influence of these criminal gangs. The Mano Dura, Iron Fist )policy is among the policies that have been implemented by the nation in reaction to these gangs. The Mano Dura policy asserts that bandits or gang members are subject to strict law enforcement measures, such as arrests, incarceration, and expulsions (Wolf, 2017). Along with the policy, the El Salvador government also established specialized units, like the Anti-Gang Task Force, whose main goal is to combat criminal activity involving gangs. The Mano Dura policy was established and implemented under the leadership of President Francisco Flores in 2003. The Mano Dura policy was adopted after the nation had experienced a string of violent incidents, such as the murder of two mayors and the assassination of 28 individuals. The Mano Dura policy aims to combat gang activity, particularly the enlistment of youth into criminal organizations. The enlistment of a youngster in banditry is a serious threat to national security. The Mano Dura approach has drawn a great deal of criticism because many detractors claim that it has resulted in abuses of human rights, such as the application of assault and detention without trial. According to some critics, this policy has not done much to reduce gang activity, and gang violence has remained a significant problem in the nation.

The Safe El Salvador Plan is also a significant initiative that the government of Salvador has put into effect to deal with the problem of criminal organizations in the nation. This strategy acknowledges that criminal activity reduction calls for an extensive plan that passes beyond strict security measures (Miguel, 2019). The policy concentrates on tackling the underlying issues that lead to gang involvement by providing social services that give youngsters who might be at risk of joining criminal organizations options. The social and educational initiatives designed to give youths chances to keep away from gangs are one of the main tenets of the Safe El Salvador Plan. This plan also includes programs for education and job training alongside initiatives to engage the community and help at-risk youth. The Salvadoran administration believes that providing such initiatives will give youngsters an aura of hope and an effective alternative to collaborating with a gang. The Safe El Salvador Plan includes different law enforcement actions intended to stop gang activity alongside social programs. For the purpose of focusing on gang activity and dismantling gang networks, the plan creates specialized units like the Anti-Gang Task Force. To detect and stop gang activity, the plan also calls for greater monitoring and intelligence gathering. The Safe El Salvador Plan acknowledges the value of community involvement in gang activity reduction. The goal of the strategy is to increase trust between the public and the government in order to persuade people to report gang activity and cooperate with law enforcement.

The “Territorial Control Plan” (Plan Control Territorial) is another anti-gang measure used by the Salvadoran government. This policy was adopted in 2019. By recognizing particular regions with significant amounts of gang violence and assigning more police and military troops there, this policy adopts a more targeted and focused approach to reducing gang activity (Cordova, 2019). This policy asserts that in order to execute safety measures, military and police officers will deploy joint patrols. It also asserts that security checkpoints should be set up in high-risk areas as part of the territorial control plan. To monitor gang activity and enhance security, the policy also calls for the setting up of surveillance equipment in public areas. The Territorial Control Plan also includes social and economic initiatives aimed at addressing the underlying causes of gang violence in addition to increased law enforcement measures. To give at-risk youth alternative opportunities and encourage community engagement, these initiatives invest in education, job training programs, and community development projects in high-risk areas. The Territorial Control Plan has received mixed reviews for its effectiveness; some detractors claim that the growing number of security forces has resulted in violations of constitutional rights and a rise in assaults in certain communities. To deal with gang operations across the nation, the government has nevertheless persisted in promoting the policy as a key tactic.

The government of El Salvador has further constructed special penal facilities for those involved in gangs in its anti-gang approach. These prisons, also referred to as “maxi-prisons,” were built in 2004 with the intention of separating gang members from the rest of the inmates (Cruz et al.,2017). The aim of these penal facilities is to discourage criminals from organizing crimes inside the confines and hiring new members. The maximum-security facilities are always under close scrutiny, and the prisoners adhere to rigorous regulations and standards. After incarceration, the criminals in maximum prisons are usually separated according to their gang membership to avoid communication with each other. The prisoners choose to either take vocational or academic courses. Academic and vocational courses help prisoners reintegrate into society after they are released from prison. Members of different gangs are finding it more difficult to successfully carry out their illegal activities inside these prisons due to the rigorous regulations and separation from the other inmates. Others individuals argue that these correctional facilities have failed to deal with the root causes of joining gangs and have instead contributed to the discrimination of gang members.

Impacts of Anti-Gang Policies on Criminal Gangs In El Salvador

El Salvador’s anti-gang laws have had a major effect on the nation’s criminal organizations like the MS-13. The arrest of important gang members and leaders has been among the effects which have garnered the most attention. Because of this, most gangs’ administrative structures have been compromised, and violent crimes and homicides have decreased (Boerman & Golob, 2021). Gang members’ relocation to different nations, mainly Mexico and the United States, also has an additional impact. This has led to the growth of the gang’s illegal activities in these nations and the emergence of new groups (Alliso, 2017). Additionally, it is more challenging to completely eradicate gangs like MS-13 because of their transnational nature. Furthermore, neighborhoods have benefited from the community development programs that have been launched within the framework of the anti-gang policies. These programs have given youngsters prospects for fleeing violence and impoverishment, which has decreased their propensity for joining gangs. The initiatives have additionally led to the restoration of public confidence in the authorities, which has improved law enforcement. However, the anti-gang regulations have also had some unfavorable effects. For instance, the criminalization of destitution and the negative portrayal of marginalized groups, according to some detractors, has increased violations of basic human rights and prejudice. Additionally, because of the policies, prisons are now overcrowded and frequently under the control of gangs, which has led to assault and forced fraud.

Impacts of Anti-Gang Policies in El Salvador

El Salvador’s suppressive-gang policies have benefits as well as drawbacks. The overall rate of murders has decreased, which is good news, and certain communities say they feel safer now. The Mano Dura policy reduced violent crimes and murders, so it was successful in the short term. On the whole, though, the policy did not deal with the underlying issues that led to criminal behavior and did not stop new gangs from forming. Contrarily, the Safe El Salvador Plan adopts a more thorough strategy and concentrates on tackling the economic and social issues that encourage youngsters to join gangs (Van der Borgh, 2019). In certain neighborhoods, this strategy has improved social circumstances and reduced criminal activity with encouraging results. Youths can find options to gang life in the social services offered by the Safe El Salvador Plan, which include schooling and vocational education, which can aid in ending the downward spiral of violence and impoverishment. However, it is impossible to ignore the detrimental effects of anti-gang legislation. Most youngsters who did not engage in criminal activity were arbitrarily detained as a consequence of the Mano Dura legislation, which was condemned for infringing their human rights (Moreno, 2017). The government’s repression has also resulted in certain gang members acting more violently and brazenly, which has increased the number of threats and other crimes. Corruption and insufficient funding have made it difficult to implement the Safe El Salvador Plan, which has reduced its effectiveness.

Why MS-13 Is Still Dominant Despite the Gang-Policies

The government of El Salvador has enacted various anti-gang policies in the nation. However, despite these efforts, the MS-13 gang still takes over the country for various reasons. To start with, the MS-13 criminal organization possesses a well-established framework and organizational structure. This structure enables the organization to swiftly adjust and remodel in reaction to judicial actions. The criminal organization additionally profits from the severe levels of inequalities and poverty in the nation, resulting in a consistent supply of young people who are weak and drawn to the militant’s assurances of safety and wealth (Van Damme, 2018). In addition, the efficacy of the anti-gang regulations has been hampered by fraud within government agencies and law enforcement agencies. Some public servants might be involved in MS-13’s operations by offering them security in return for payments or other benefits. Furthermore, the Mano Dura law’s use of coercive measures like widespread detentions and unlawful killings has sparked accusations of constitutional violations and further polarized neighborhoods. These accusations have made it more difficult for police organizations to win the public’s trust and cooperation. Public trust and cooperation are essential for efficient policing. Lastly, the MS-13 gang is an international organization. This makes it simple for the gang to cross borders around the world and carry on its operations in other nations. Because of this, the government of Salvador finds it difficult to entirely eradicate the criminal organization’s presence in the nation. In general, regardless of the enactment of anti-gang policies, these factors have helped MS-13 maintain its dominance.

Factors Hindering the Effectiveness of Anti-Gang Policies In El Salvador

El Salvador has implemented a number of anti-gang policies; however, there are various things that make them less effective. The first factor is corruption in government agencies and security agencies. Most of El Salvador’s gangs have a history of hiring corrupt officials. This makes it challenging for the police to successfully enforce anti-gang policies (Bergmann, 2022). The second factor is the poor justice system. El Salvador’s slow and ineffective justice system causes trials to be postponed and a backlog of cases. The lack of job prospects in the nation, especially for youngsters, is another obstacle to the success of anti-gang policies. People who are looking for financial possibilities join gangs as a result of poverty and unemployment. Thus, without fixing the underlying causes of gang involvement, like impoverishment and a lack of possibilities, regulations that exclusively concentrate on enforcing laws will probably be inefficient over the long term. Additionally, the administration finds it challenging to deal with the problem exclusively within El Salvador because of the international character of MS-13 and other criminal organizations. El Salvador struggles to totally regulate these gangs’ operations because of their connections with other nations, especially the United States (Moreno, 2017). Also, criminal activity in El Salvador has increased because many criminals are being deported or expelled from the United States. Additionally, using harsh measures like the Mano Dura policy has come under fire for allegedly violating human rights and escalating violence. The Mano Dura policy has been charged with causing arbitrary detentions and unlawful killings, which have fueled animosity toward the police and government.

Conclusion

In conclusion, the increase in gang activity in El Salvador has been an enormous challenge for the nation and its people. Gang activities are conducted by criminal organizations like the MS-13. These activities have made the government of El Salvador put in place various anti-gang regulations to lessen the impact of these criminal organizations. These strategies include stringent security measures, social programs, community involvement, and international cooperation to prevent youngsters from joining gangs. Government attempts have not stopped criminal organizations like MS-13 from operating and dominating in some parts of the nation. The efficacy of anti-gang regulations is hampered by elements like corruption, a lack of resources, and a lax application of the law. The emphasis placed by the government on harsh penalties rather than tackling the underlying factors that lead people to join gangs, like poverty and a lack of possibilities, is also a factor in the continued existence of criminal organizations. It is crucial to remember, though, that anti-gang measures have helped to some degree in El Salvador in bringing down crime and violence. The policies have reduced gang impact in certain neighborhoods and halted the criminal activity. Social initiatives designed to give young people options are also showing potential in reducing gang hiring. The Salvadoran government must address the root causes of gang activity going forward and make sure that anti-gang regulations are thorough, supported by data, and long-lasting. Working with civil communities and global partners is crucial for advancing the rule of law, human rights, and progress. El Salvador will have to strive to lessen the effect of criminal organizations and create a more secure and prosperous future for its citizens by addressing the underlying causes of gang activity and putting effective and long-lasting policies in place.

References

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