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TESINA
POR:
Los miembros del comit de tesina recomendamos que el presente proyecto de tesina
presentado por el Lic. Juan Ramiro Garza Quintanilla sea aceptado como requisito parcial
para obtener el grado acadmico de:
Comit de Tesina:
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Sinodal Sinodal
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AGRADECIMIENTOS
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TABLE OF CONTENTS
Introduction ...................................................................................................................... 5
Chapter I: Concepts defined ........................................................................................... 8
1. International Relations and Mexican sovereignty .................................................. 8
2. National Security redefined for Mexico ................................................................ 12
3. What is a Private Military and Security Company? .............................................. 15
4. A prospective study: The Delphi method ............................................................. 18
Chapter II: The international context ............................................................................ 22
1. Development of Private Military and Security Companies ................................... 22
2. International law and PMSCs .............................................................................. 28
Chapter III: The Mexican context .................................................................................. 33
1. A need for security reconstruction ....................................................................... 33
2. Cooperation with the United States: the Merida Initiative .................................... 37
3. Private Military and Security Companies activity in Mexico ................................ 47
4. Mexican legislation on the matter ........................................................................ 56
Chapter IV: Delphi method and prospective analysis ................................................. 61
1. Delphi methodology ............................................................................................ 61
2. Cross-impact analysis and scenario building....................................................... 64
Final considerations ...................................................................................................... 74
Bibliography ................................................................................................................... 75
Annexes.......................................................................................................................... 81
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INTRODUCTION
Mexico has been transitioning to a model of economic and political openness since
the last three decades. The states motivation to do this is related with the conception that
a greater integration with international markets and direct foreign investment will result in
corporations, and organized crime are just a handful of phenomena derived from the
political organization of the economic system in the global stage. The effects of these
processes have brought a higher participation of private companies in the world affairs
turning them into power entities beyond the state and beyond borders. These entities are
participating in the global agenda with a greater frequency in the last decades to such an
extent that their influence has a significant role in the decision making process and help
The aspects that surpass borders not only include political and economic events
but cultural and social features as well. Social networking, popular global events, sports,
religion and migration, all of them adapting to the new financial and commercial protocols
have opened the banking networks and consumerism redefining global society. Alongside
this redefinition, the sovereign state has also been transforming. The state is no longer the
most important entity in political, economic and institutional existence on every issue. The
redefinition of the role of the state is not only in relation to its power but also with its limits
and its freedoms. It is in these limits, created with the objective of guaranteeing a pacific
existence for its population, that its position as the central entity is being displaced. More
importantly, the influence of private corporations in state matters has been shaping the
In the case of Mexico, adapting to this new shift required a response to specific
internal and external forces. During the 1980s, the Mexican state made several changes
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in its relation with other countries adopting new policies towards the international market
and domestically, diminishing its intervention in economic activity. The policies followed
interdependence and adapt to the new global principles. However, the protection of the
consumer and the market prevented the development of the productive forces and
competitive quality in accordance to international standards which can result from adapting
The economic system to which Mexico turned had the objectives of economic
founded on violence. As Patio states, violence and the appearance of influence groups
within a closed territory are some of the effects that underdeveloped countries suffer due
contempt of the citizens interests and a distancing of the practices of the Welfare State
(Patio, 2010).
giving a higher participation of the enterprises controlling it. This has displaced the social
policies of the sovereign state. This reconfiguration of states purpose must be done wary
of any threats. The more functions it displaces, the more vulnerable it can become to non-
public actors. This worldwide phenomenon of private actors taking roles that are normally
attributed to the state has been present in Mexico since the 1980s.
Since 2007, Mexico has seen an increase of private security companies entering
national territory, mostly through the Merida Initiative. Most of the private companies
working in Mexico are hired by the United States. To a lesser extent, Mexican institutions
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hire private security companies directly but this is done mostly for operative police
preparation. In accordance to Mexican legislation, these companies can only offer training
and consulting services to public security forces, however the evolution of their
distinguish the privatization of security functions from other privatization markets. The
objective of this document is to assess the potential long-term risks to sovereignty and
This will be done through a prospective analysis using the Delphi method. It is imperative
to know the limitations a state must address to outsourcing traditionally public functions.
For this, an evaluation of international legislation will be analyzed alongside the internal
A prospective study involving the Delphi method will be presented in order to give
an expert approach of the delegation of security functions by the state and is future
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CHAPTER I: CONCEPTS DEFINED
For a detailed analysis of the subject of study, the main concepts will be outlined in
this section to give a particular path to the investigation at hand. The first concept has to
do with sovereignty and the elements that allow a state to practice this concept within its
borders.
subject of force as a state-only attribution. He determines that the state is such, and
therefore sovereign, only insofar as it is the supreme and legitimate controller of physical
force within the territorial boundaries (Weber & Whimster, 2004). For Weber, the use of
classical theories, in an anarchic international system, power is the axis of operation for
international actors since this allows a state to conserve its position within the system and
consequentially preserve their national interest (Orozco, 2006). It is then of the utmost
importance for a state to maintain its monopoly of force in its order to uphold its
sovereignty.
The historic debate in international relations theorists resides between the points of
view of realists and idealists. Their definition of sovereignty differs in concept. For liberal
actors and activities within and across its borders. For realists, the essence of sovereignty
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The extent of any states sovereignty has an internal and an external dimension.
Internal sovereignty defines the ultimate or highest authority within a state. [It] implies a
hierarchic relationship between the sovereign and subordinates, whoever they may be.
Internal sovereignty requires effective control over the territory claimed by the state (Lake,
On the other hand, external sovereignty entails the recognition by other similarly
recognized states that this entity is one of them and thus, is an inherently social concept.
between sovereign states none is entitled to command; none is required to obey (Lake,
2003). This comprises the concept of anarchy within the international arena, where no
political life that is based on two principles: territoriality and the exclusion of external actors
from domestic authority structures (Krasner, 1999). In this sense, any states sovereignty
is its own ability to decide for itself the course of action to take regarding any matter within
its territory.
Sovereignty within international relations theory has a basic and direct input. To
define it under this scope, Janice Thomsons work State Sovereignty in International
Relations is deemed useful. In her work, the concept is defined as the recognition by
internal and external actors that the state has the exclusive authority to intervene
coercively in activities within its territory (Thomson, 1995). To outline the elements that
derive from this definition, Thomsons work mark the guideline by pointing out the concepts
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Although it is unclear on who must make the recognition of a state, it is convened
that it must emanate from a majority of states, the great powers, all states, a core of elites,
demonstrate its capabilities to defend its authority against domestic and international
challengers. Even though not every state has these capabilities, there are cases when
they do exist alongside a lack of recognition. Such was the case of the Soviet Union, which
lacked recognition of the great powers but still maintained authority within its territory.
state. Under realist theories, the state comprises territory, government, people and society.
country and state are more sensitive. Thomson mentions that the state-building process
and state-society relations were permeated with outside influences in the sense that war,
competition and cooperation gave form to the modern state. The state is the central
1995).
The next element is authority. A sovereign state has the recognition of having the
authority to define what is subject to state coercion. This means that the state has the
ability to decide what is delegated to other entities in the country beyond political, that can
be private, social, economic, religious, cultural, etc. Authority concerns rule-making and
Thomson explains that the states function is policing. They all have a common
interest in monopolizing coercion. States can and do cooperate between them against
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Finally, territoriality has a link with political authority under the concept of
sovereignty. Under the geographical boundaries of a country, the state exercises its
authority. To finish with Thomsons ideas to define sovereignty, we must return to the first
element of recognition. Most states are sovereign because other states recognize them as
definition given by authors that have a direct relationship with the state that is the object of
this study, the Mexican state. Joel Guerrero Gonzlez says that the European doctrine
accepts the state as the subject of sovereignty and that power must be exercised by the
organs that form it. However, he claims that this doctrine has failed and that the American
doctrine differs by substituting the state and recognizing sovereignty as the will of the
This can be related with Jean Jacques Rousseaus idea that the social contract
originates the concept of sovereignty of the people. Within the state, every individual
stated that men decide to form a power, absolute and perpetual giving up their self-
defense and submitting to their lord which is delegated with their natural rights. Jean Bodin
affirmed that power of the state resided in sovereignty. That sovereignty is a characteristic
of the power of the state and consists of giving definite orders; by making itself obeyed in
the internal order of the state and affirm its independence in relation to other states.
(Guerrero, 1988)
In Mexican history, the evolution of the Constitution has had different definitions of
the concept of sovereignty. In the first document from 1814, Sentimientos de la Nacin,
Jos Mara Morelos takes Rousseaus point of view and determines that sovereignty is
derived immediately from the people, which deposit it in their representatives dividing the
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powers in Legislative, Executive and Judiciary. The following versions also have an
influence from American and French ideas and the last Constitution of 1917 continues with
this tradition and establishes that sovereignty resides, by essence, in its origin and
principle, in the Mexican people, not in the individuals or persons, but in the nation, the
The second concept that will be analyzed, National Security, has numerous
definitions. The Oxford English Dictionary defines it as the safety of a nation and its
people, institutions, etc., from a military threat or from espionage, terrorism, etc. (National
Security, 2013). This concept has been evolving and new dimensions may be added or
For Martha Brcena, the term security refers to being free of concerns, to feel safe
of any harm that may be inflicted by others. It is a subjective concept that is determined by
perceptions and not necessarily by objective situations (Brcena, 1999). She states also
that due to the transnational characteristic of many problems, the bond between national
and international security is constantly becoming stronger. For the objective of this thesis,
the Mexican redefined concept for national security will be used. Several scholars
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The concept of national security is defined by Luis Herrera-Lasso as a condition
that must prevail in order for everything else to work and is translated into stability, social
peace, Rule of Law and institutional permanence (Herrera-Lasso, 2010). For Jos Luis
Pieyro, national security is defined as a situation where the majority of the sectors and
social classes of the nation have their cultural and vital material needs guaranteed trough
the decisions of the national government, the actions of the state institutions, or, where
there exists a relative security against potential domestic risks or real external threats, that
The definitions given respond to a general overview of the concept, however, every
administration defines national security according to its own beliefs and views. For Tello,
the concept is historically configured to encompass those aspects which put at risk the
conditions and basis of existence, functioning and continuity in a nation. He adds that the
construction of the concept is different for every state and that it evolves in function of time
and its internal and external conditions (Tello, 2006). For this study, the focus will be on
the definition and use of the concept by presidents Vicente Fox and Felipe Caldern. This
responds to the years from 2000 to 2012, a period that comprises an increase in the
severity of the threats perceived by Mexico as well as its cooperation with the United
In 2005, under the administration of Vicente Fox, a new National Security Law was
passed that redefined the PRI conception of national security. Under the PRI, the national
security of Mexico was equated with the survival of the PRI in power. The new definition
focuses on maintaining the integrity, stability, and permanence of the Mexican state-
namely:
I. Protection of the Mexican nation against threats and risks faced by our country;
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II. The preservation of sovereignty and national independence and defense of the
territory;
the government;
IV. The maintenance of the unity of the parts of the Federation signaled in the article
V. The legitimate defense of the Mexican State in respect to other States or subjects
VI. The preservation of democracy, founded in the economic, political and social
continued Foxs strategy to strengthen public security institutions and adopted a broad
concept of national security. The main difference was the use of the military to address
Dr. Gerry Andrianopoulos gives a redefinition of the national security term using
Drugs. He states that today it is politically convenient to use national security loosely to
describe both internal and external threats to national territory, population, and
considered by Fox and Calderon a national security threat. This definition opened the path
In Mexico [t]he absence of external military threats and the institutional weakness
of the Mexican public security agencies have substantially expanded the militarys role on
domestic non-military areas, such as counternarcotics, civil protection and disaster relief.
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As Andrianopoulos explains [b]oth concepts see the threats to Mexican national interests
coming primarily from domestic factors rather than international actors and developments
()This view was not accepted by the US until 2003 (Andrianopoulos, 2010). In short, in
Mexico since 2005, the redefined concept of national security merged the concepts of
It is in these terms that national security in Mexico is defined. As we can see, the
potential risks and threats that could destabilize the state are considered of supreme
importance for the development of a national security strategy. On the matter of what
representatives can differ but once it has been identified as such, measures to defend
stability may involve coercion or the use of force. In the particular case of Mexico, the
elements that define national security combine traditional and new concepts of national
security.
The last concept is Private Military and Security Companies (PMSCs). These
companies provide a diverse array of services which range from military operations to
training for local security institutions. For the clarification of the concept, a distinction must
be made with the term mercenaries that was first established in the Protocol Additional to
the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I), 8 June 1977. In Article 47, a mercenary is
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He is motivated to take part in the hostilities essentially by the desire for private
promised or paid to combatants of similar ranks and functions in the armed forces.
He has not been sent by a state which is not a Party to the conflict on official duty
This concept of a mercenary was the first introduction of private services to deliver
conflict. However, this definition has shifted to adapt to the evolution of PMSCs. Since the
end of the Cold War, their participation in armed conflicts and world affairs has been
increasing alongside the consternation by the international community to clarify the role
As Peter Singer explains, these companies compete in the open global market.
They are legal entities that can be contracted by anyone willing to do so. This puts them in
The definition given in the Draft International Convention on the Regulation, Oversight
and Monitoring of Private Military and Security Companies, issued by the United Nations
corporate entity which provides on a compensatory basis military and/or security services,
including investigation services by physical services and/or legal entities (Office of the
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The Montreux Document, issued in Switzerland by 17 representatives of different
states, seeks to provide guidance on a number of thorny legal and practical points, on the
basis of existing international law. It does so without taking a stance on the much broader
question of the legitimacy and advisability of using PMSCs in armed conflicts (International
entities that provide military and/or security services, irrespective of how they describe
themselves. Military and security services include, in particular, armed guarding and
protection of persons and objects, such as convoys, buildings and other places;
training of local forces and security personnel (General Assembly Security Council, 2008).
law and the Montreux Document is only determined to address states on the good
practices of PMSCs. However it is still useful for other international entities that decide to
contract these companies. The concern of issuing this document relies on the possibility
that a state might use these private entities to commit international humanitarian law
offences. With guidelines on the usage of the PMSCs this possibility is reduced.
Warriors. In it he explains that these organizations are corporate bodies that specialize in
the provision of military skills including tactical combat operations, strategic planning,
intelligence gathering and analysis, operational support, troop training, and military
technical assistance (Singer, 2002). Singer calls these organizations Privatized Military
Firms to give a broader understanding of the concept, as he says, drawing from the
business economics theory of the firm literature. However, for the purposes of this study,
type 1 firms are military provider firms who offer implementation and command services.
Types 2 are military consulting firms, offering advice and training. And lastly, types 3 firms
concepts open the path to the analysis of these contractors being involved in Mexico and
the challenge this could pertain for its sovereignty and national security. In the next
chapters, a historic point of view will be provided and a prospective methodology will be
One of the most well-known methods for prospective studies is the Delphi method.
Developed in the Research Centre of the RAND Corporation by Olaf Helmer and
Theodore J. Gordon, this instrument is used to broaden the knowledge about the future of
a certain topic. It is a method that gives structure to a group process dealing with a
complex problem. The Delphi method selects a group of experts whose opinion will be
The process involves successive questionnaires that will eventually reveal potential
convergences and the consensus between the experts selected. Typically, the inquiry is
made anonymously with the objective of avoiding possible reservations due to the
influences some personalities or ranks may exert. However, there are many different
the future. The quality of the prospective study depends on the depth and clarity of the
questions asked alongside a thorough and precise selection of the experts. These
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characteristics are the difference between an incomplete study and an inclusive
examination of the probable future events. The ultimate objective of the Delphi method is
to foresee the most important transformations that may be produced in the future.
In this study, the steps dictated in Astigarras document, The Delphi Method, by the
University of Deusto, will be followed. Its process consists of four phases for a successful
Delphi application. The first phase is the formulation of the problem. This phase is
essential as it will lay off the delimitation of the topic studied and experts should share
knowledge about the topic to be studied. The questionnaire must be designed at this step
with precise, quantifiable questions that are independent from each other.
The second phase is the selection of experts. Their selection must be determined
by their knowledge of the topic to be studied and their capacity to predict the future. A
thorough analysis of their professional experience must be made in order to define the
The third phase is about the formulation of the questionnaire. Answers will
information on the environment, information available, evolution of the systems and the
Finally, the fourth phase is about the practical development and exploitation of
results. The questions must be followed by a presentation note to explain the objectives
and practical conditions of the Delphi study. The successive questions are made to
diminish the dispersion in the opinions. If an answer is divergent in relation to the group, a
justification must be made in order to achieve a definitive answer which is an opinion made
by consensus.
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The utility of the method rests in the idea that subjectivity can be objectified trough
the agreement of several experts opinions. Some of the advantages of the method are
that the shared cosmogony of the participants will give certainty to the factors that
surround the topic studied. The method is a great tool to bring light to probable events,
tendencies, probable evolutions of any given problem and with abundant information.
The limitations of the method have to do with the duration, sometimes costly
process. It is considered to be intuitive more than rational by some critics. If the experts
have high positions in companies or in other institutions, their time is probably very
valuable and a complete dedication to the method may be unimportant for them, rushing
into their answers and giving an incomplete notion of their knowledge. Another
disadvantage is the lack of analysis in the interaction of the variables derived from the
study; this has been countered by using other prospective methods such as the cross-
impact analysis.
The cross-impact analysis has the goal of creating scenarios that will give a precise
narration of possible situations derived from the variables obtained in the Delphi analysis.
future. It is sufficiently vivid so that a strategist can perceive and comprehend the
problems, changes and challenges that exist in a determined context. He states that a
scenario is not a prediction by itself but more of a plausible description of what might
as an integration formed by the description of a future situation and of the path of events
that allow passing from an origin situation to a future one. He stresses that a scenario is
not a future reality, but a means to represent it with the goal of having a wider vision when
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taking decisions in the present (Godet, La prospective en quete de rigueur: porte et
The cross-impact analysis helps with the creation of future scenarios. It is a refined
version of the model designed by Theodore Gordon and Olaf Helmer in 1966. It sustains in
the perceptions of how future events may interact and how the occurrence or non-
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CHAPTER II: THE INTERNATIONAL CONTEXT
Since the end of the Cold War, private contractors of security services have been
technological advancements in warfare and the general shift towards privatization in the
global stage. Their operations are not exclusive of a certain type of country since they
have been acting in a range of different entities with diverse political, social and economic
situations. They are present in the United States as well as in Haiti or African countries.
Their services provide security or military skills; these can be tactical combat operations,
strategic planning, intelligence gathering and analysis, operational support, troop training,
The United States involvement in global post-Cold War conflicts has in all cases
international organizations and other actors has become a constant in the last decades.
This calls for a better understanding of the implications that the presence of these
The use of PMSCs is not a recent occurrence as it goes back to Ancient Egypt. Its
entities such as the Dutch and English East Indies Companies operated as near-sovereign
powers, commanding armies and navies larger than those in Europe, negotiating their own
treaties, governing their own territory, and even minting their own money (Singer, 2002).
The influence of neoliberalism in western societies and the constant search for
cost-efficiency in every economic endeavor has also affected the security dimension by
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turning it into a business. Laurence Juma makes a prudent assertion when he says that
PMSCs are no accident; they are a product of the privatization and maximization of profit
ideology which drives processes to reorganize the security infrastructure as well as of the
concomitant growth of political awareness that inform political choices in the developed
world. (Juma, 2011). Today, these groups operate as corporations. This gives them a
wider flexibility in the offering of their services and allows them to increase the variety of
deals and contracts. The array of services they can provide can be training, logistics,
The reasons states contract this kind of corporations varies depending on the
necessities of each state. The wealthy ones such as the United States and the United
Kingdom contract them to focus on communications and logistics as a matter of cutting the
costs of their operations. Other smaller states such as Croatia have used them to upgrade
their weak armies and thus receiving an enhancement of their military capabilities.
The increase in this market is due to several factors. Once the Cold War ended, a
new international order emerged and alongside it, new security threats. These threats
range from international criminals, organized crime, terrorism and other non-state actors.
The new characteristics of international conflicts provided a perfect breeding ground for
PMSCs since conflicts between states was diminished. In addition to this, the end of the
Cold War period brought with it an enormous downsizing in military expenditures and
resources. Many military and security-oriented professionals were out of a job in the
public sector and they turned to the private one to continue their activities.
presenting supply and demand for security services worldwide. Another important factor to
point out is the ever growing necessity for high technology weaponry and technical
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instruments. It is said that the U.S. Army of the future will be unable to perform without the
The reliance on PMSCs by states is increasing due to their well trained staff and
their ability to perform quick deployments of military and security services, and their
involvement to the point that states now consider them an indispensable instrument for
This shows a delegation of the states monopoly in the use of force. Another aspect
to consider on the use of PMSCs by states is their long-term plans. Sometimes private
contractors are used to take care of small, endless wars in order to prepare the military
forces for big scale operations without interruptions. This gives an advantage to strong
These are indications of a market that is not going away; on the contrary, its
influence is growing rapidly. A study by the Freedonia Group establishes that the U.S.
demand for private contracted security services will rise 5.4 percent annually to $64.5
billion in 2016. (Freedonia Group, 2012) The growth in this market can be explained by the
recovering economy of the United States. This country is of particular importance to the
The increase in the demand for private security services have brought along
several effects in the national military institutions as well. The market growth has given
these firms the ability to lure high skilled military personnel into their organization since the
salaries exceed by much the ones offered by military institutions. PMSCs employees earn
$500 to $1,500 US dollars per day while infantry soldiers get only $70 per day (Mini,
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2010). The increasing skills and capabilities of private security firms are making the
Francioni states that [a]t a political level, the reliance on private contractors rather
control over armed forces, as required in all constitutional democracies. It offers the
missions and services, or of going beyond limits on the number of troops to be deployed
As stated before, Singer pinpointed three types of PMSCs that differ in dimension.
The type 1 firms focus their services on the tactical environment. They can participate in
the battlefield be it by fighting or commanding field units. The clients of these firms are
usually states with low military capabilities in need of addressing urgent threatening
situations. The type 2 firms are mostly consulting firms. They offer strategic, operational
and organizational analysis for armed forces and they can be contracted for a boost of
capabilities in any military or security organization; their services tend to be longer than
type 1 firms. The type 3 firms offer supplementary services such as logistics, technical
support and transportation. Some type 3 firms were not initially in the security market but
have turned due to its latest growth providing assistance on various services and products
(Singer, 2002).
of European War and written by Ltg. Fabio Mini, shows the extent to which PMSCs
activities are depicted popularly and contrasted to their real implications. Mini explains that
PMSCs are normally known for having high professional skills; however the personnel at
private companies are usually ex-military that have been discharged or retired from
explains in four points: 1) the expenses for training, social security and operational
expertise have been already provided by public institutions and taxpayers, 2) most
companies achieve tax evasion by incorporating in tax havens, 3) there is a hidden cost of
the consequences related to mistakes, misbehavior and malpractice, and 4) the political
Another assumption made is that private companies have a better ability to cope
with the Fourth Generation War. The truth, he explains, is that the new methods of war, in
There is also the postulation that PMSCs provide services that used to be of a
military nature in the past. Mini explains that most of the services provided should be
delivered by state institutions and many cases of PMSCs utilization are illegal. He
considers a tragedy that the public sector now has to pay for services that used to be their
patrimony.
It is said that PMSCs hire personnel under strict ethical standards. However, there
When there are true cases of exceptional individuals as members of a private company,
then Mini considers this a loss to the community as they should serve strictly in a public
organization. This issue takes more importance when you look at the difference in
Lastly, Mini states that the conception exist that PMSCs perform defensive roles
and the public military the offensive ones. In reality, these companies are providing
services like interrogation, strategic intelligence in warfare aspects and sometimes they
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handle drones which are offensive by nature. However, as much as the market has grown
for these companies, the implications they have for international security are wide and
affect several dimensions. The contracts that are signed between the PMSCs and the
governments complicate the environment of war. The interests of the private groups
should keep in line with those of the client in such a manner that control is never lost by
the state. A full monitoring of the private actor must be made by the state in order to keep
in line the activities of the PMSC which are autonomous by nature. It is important to note
that these companies goals are of a lucrative nature; this may propel them to act without
the carefulness of governmental and diplomatic protocols. The increase of PMSCs activity
in conflicts is making some of their clients highly dependent on their services. This can
pose a threat to the contractors objectives since the private company can abandon its
client. Another risk is an evolution where the PMSC begins gaining dominance over its
client.
The international legislation to punish private companies if they fail to fulfill their
objectives is not clear and cannot be considered reliable. A military commander can
variety of legal obligations stemming from international law, national law, host country law,
national caveats, etc. (...) With regard to the civilian contractors, the military commanders
simply do not have command authority to exercise over contractors and cannot order them
To PMSCs is only their reputation at stake. However, there are several methods to
avoid accusation for violations by changing their corporate names or promptly justifying
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Nowadays, in the United States, the functions of weapon maintenance and supply
are completely privatized. If the personnel of the PMSC leave their post, this would have a
great impact on military machinery and would put a dent to the military ability to perform in
full capacity.
The risk posed by PMSCs does not only affect strong states, in weaker ones and in
the hypothesis of dissatisfaction with their contract, payment or other issues, a hostile
takeover by the PMSCs may occur. If a state does not hold the power of force by its own
means, this can be usurped provoking a coup dtat or simply favoring other forces within
the country. Some weaker countries have chosen methods of payment that delegate
This can also bring differences in objectives between the clients and the
companies. If a company is bound to secure its new acquisitions, the clients objectives
may become secondary. Private companies objectives pledge allegiance to its core
values and these are not always in alignment with those of the client.
of awareness of the international society towards this phenomenon. Many states are
currently benefiting from PMSCs services but not all have deeply explored the
consequences that their use can bring to other factors. As noted earlier, the Geneva
Convention addresses their nature in order for them to be accounted whenever a morally
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legislation where several controversies have emerged due to the lack of clarity in the laws
and Its Limits that PMSCs can be registered in one state and provide services to another
state. For example, by assisting the armed forces of that other state in the performance of
their duties, whether it is on the territory of that state or on the territory of a third state.
Alternatively, PMSCs may be providing services to the armed forces of the state in which
they are incorporated, whether at home or abroad. They may also be recruited by private
actors, particularly corporations in need of better security than that which can be provided
This brings dissimilar situations in which the participation of PMSCs in conflicts can
be assessed legally. There are several situations where the legal dimension of a conflict
with a complete dependence on a state, the effects of these entities in state sovereignty
issued by the International Law Commission, several articles intend to expose the
is essential to review the International Humanitarian Law (IHL). PMSCs have been
extensively criticized because of their violations of this law and Human Rights. Emanuela
Gillard points out in her analysis, The Position Under Humanitarian Law, that the main
issues to consider is the status of the staff working in PMSCs under IHL and the
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In the field, the staff of PMSCs can be considered combatants or civilians. If
civilians however take direct part in the hostilities they lose the protection under IHL. In the
accompanying the armed forces, however the list is not exhaustive enough to have a
clear idea of the role under international law of private security staff. Another point
discussed by Gillard relates to the argument that PMSCs provide defensive services only,
it is explained that this does not work from the point of view of IHL as it does not draw a
The other aspect relates to states responsibilities. Even if a state hires a private
company, it has to ensure that the standards of the 3rd Geneva Convention are met with
respect to the IHL. If a violation of the IHL is committed, states that hired the PMSC have
the obligation of prosecuting the perpetrators they hired. This raises particular issues since
some crimes have been committed in states that are under occupation amidst an
international conflict and have no strong legal foundations, this obliges a third state to
of Private Military and Security Companies, issued by the United Nations Working Group
on the Use of Mercenaries as a Means of Violating and Impending the Exercise of Rights
that private military and security companies, including their personnel, and all
way to their activities, should perform their respective functions under officially
enacted laws which are uniformly and independently enforced and which are
consistent with international humanitarian law and international human rights norms,
30
standards and principles (Office of the United Nations High Commissioner for Human
Rights, 2009).
In regard to state sovereignty, the document expresses that state parties shall carry
their obligations with the principles of sovereign equality and territorial integrity of states
consequential articles, directives on Human Rights are expressed and the prohibition of
The draft intends to reaffirm and strengthen the principle of state responsibility for
the use of force and to identify the functions inherently governmental that cannot be
However, some countries such as the United States and the United Kingdom have
raised questions about the validity of this agreement. According to Laurence Juma, these
countries do not consider multilateral agreements on this matter necessary at this point.
He explains their five arguments to explain this disagreement. The first is that the existing
legislation such as the Montreux Document and the International Code of Conduct for
Private Security Providers is sufficient and its effectiveness has not been tested yet.
Second, they also point out that there is a lack of agreement on how inherently
governmental functions is defined for each state. Their third argument is that the Working
Group developing the draft is overstepping its mandate by bringing legislation to Human
Rights issues. Finally, they also state that the licensing process would be costly to some
states and that an international treaty on this matter requires further consultation.
31
The Montreux Document was the result of a process initiated by the Government of
Switzerland alongside the International Committee of the Red Cross. It involves 17 other
states and its objective is to identify the rules and good practices in relation to the
contracting of private military and security companies during a conflict. This initiative is a
direct respond to the criticism directed to PMSCs after the alleged violations of
Due to the demand for clarification of international law, the Montreux document
was issued in an attempt to fill this vacuum. The first part outlines the legal obligations of
pertinence to states and PMSCs. The second part gives precise practices to promote the
international law requires states to carry out activities by their own, thus limiting the
conflict. It is important to note that this document is not binding for states as it is not an
international treaty. It is merely a reminder of the rules and principles already established
32
CHAPTER III: THE MEXICAN CONTEXT
In the last decade Mexico went through a transformation that begun in 2000. This
year marked the end of the 70-year ruling party in the Executive position, PRI and for the
first time in history, Mexico was under the rule of the former opposition, PAN, under the
leadership of Vicente Fox. This brought considerable changes in the nations politics.
Some of these changes were clearly visible from the security dimension which seemed to
come into deep reorganization. In the first days in office, Fox created the Ministry of Public
Security (Secretara de Seguridad Pblica), which separated the duties of public security
transicin: Mitos y realidades del sexenio de Fox that the Ministry of the Interior reform
was weakened by stripping it of intelligence duties and maintaining the separation of the
Ministry of National Defense (Secretara de la Defensa Nacional) and the Ministry of the
Navy (Secretara de Marina). Some of the changes that begun in the last administration
were never carried forward as it were intended and in consequence, the security and
defense dimensions old status quo prevailed. In 2005, the National Security Law comes
into effect which redefined national security and regulates the activities of CISEN, the
Mexican intelligence agency. This law defines the intelligence agenda of the country, and
establishes national security priorities. This law was a step forward in tightening the
There were three main security issues in 2005, the conflict in Chiapas which was
an indigenous uprising in southern Mexico, drug trafficking and the growing public
insecurity. However there was a problem defining national security in Mexico at the time as
33
it was seen as a broad concept that included many dimensions as potential threats to
security.
It was during the administration of Vicente Fox that the sense of insecurity by the
population began to rise towards the appalling problem that affected the country in the
Caldern administration of 2006-2012. One of the causes of insecurity was the lack of
public trust in the police institutions. To resolve this problem, the Federal Preventive Police
(Polica Federal Preventiva or PFP) was created in 1998 and its manpower came primarily
The other actions taken in this period regarding security were the creation of the
Federal Agency of Investigation (Agencia Federal de Investigacin or AFI) in 2001 with the
the National Security Law that allowed telephonic intervention. Other reforms were
proposed by Fox such as the reform on Public Security and Criminal Justice, which was
aimed to carry on a deep reform of the system of justice promotion and administration.
This reform was never approved by the Congress due to the polarization that existed in the
A persistent problem in Mexican institutions has always been corruption, and in the
first years of Foxs administration, the number of judicial policemen with criminal
sobre la Inseguridad or ICESI) report, 7 out of 10 citizens said to feel insecurity in 2005.
The official data on homicides and kidnappings was not trusted due to the high figures of
34
In Mexico, the use of military forces to tackle crime was becoming more frequent.
To combat organized crime, this strategy was understood; although many criticized this
approach in relation to regular crimes due to its implications such as human rights
violations. The critics vowed for community involvement, professionalism and honesty in
the police departments. However, the decision to allow military forces to tackle problems
pertaining public security dates from 1996 when the Secretariat of the Supreme Court
declared that ...it is constitutionally possible that the Army, Air Force and the Navy may
[...] act in support of civil authorities in diverse tasks of public security (Aguinaco, 1996).
The other great challenge for national security in Mexico is related to drug
trafficking and the powerful organizations that controls it. In 2006, the Minister of Public
Security, Medina Mora said there is no region in Mexico free of organized crime. He said
that it is a national security problem and that is threatening the security structures of the
state (Todo en Mxico es territorio narco, Diagnstico del secretario de Seguridad Pblica,
2006).
To face the organized crime challenge, six government offices were participating to
stop their proliferation, the Ministry of National Defense, the Ministry of the Navy, the
Ministry of Public Security, the Ministry of Health, the Ministry of Finance and the Ministry
of Internal Affairs through its intelligence agency, CISEN. The redistribution of the cartels
that were present in 2006 were the Tijuana Cartel which supplied the market in California,
the Gulf Cartel which controlled drug traffic to Texas and a Federation of Cartels present in
Sonora, Chihuahua, Coahuila, Sinaloa, Durango, Nayarit and Quintana Roo. Other states
were disputed territory for the cartels and that caused an increased violence in these
regions.
During Foxs administration 60,000 persons were arrested on crimes against health
but only 15 were considered leaders of cartels, 50 members of the financial structures and
35
71 assassins. The rest represented a number of persons involved in retail and considered
lower in the chain of the cartels power. In 2005, one of the actions taken by president Fox
against organized crime was operation Mxico Seguro. It removed 700 policemen
accused of collaborating with drug cartels (Bentez Manaut, 2008) and took control of eight
cities in the states of Tamaulipas, Sinaloa and Baja California by the Mexican Army and
The Caldern administration came into power in 2006 determined to control the
organized crime threat to national security. When he started his presidency, Calderns
choices were limited since the control of Mexican territory by drug cartels was challenging
the authorities. As Chabat mentions in his study, Combatting Drugs in Mexico under
Calderon: The Inevitable War, Caldern developed three pillars to combat organized
crime, the intervention of military in police affairs, legal and institutional reforms, and
international collaboration.
proposed several reforms for processing crimes related to drug trafficking, life sentence for
kidnappers, among others. In the judicial system, the former president proposed an
intense reform to conduct oral trials and break with old rooted practices in this sector.
becoming a matter of national security and Calderns war against it contemplated a long-
term strategy to fragment and weaken the criminal organizations. The use of force was
criticized heavily since human rights violations by the Army and drug-related violence
became well-known in the media. The number of deaths in 2007, 2008 and 2009
36
increased to levels never before seen in Mexico. The next graph shows the number of
with the immediate use of force to control organized crime. The use of force was the result
of the perception that the cartels were an immediate national security threat to Mexicos
survival.
The change in global security after the terrorist attacks on September 11, 2001
affected Mexico due to its geopolitical position. The United States, Canada and Mexico
signed the Smart Border Agreement which had the objective of securing the borders
without affecting commerce. This agreement was signed with Mexico in 2002 and it covers
three main sections, security and infrastructure, security in the movement of persons and
37
It is important to note that the United States has three priority areas concerning
security in Mexico, organized crime, which includes drug and arms trafficking, illegal
immigration and human trafficking, and lastly, terrorism and rebel insurgencies. The United
States was concerned with the increasing violence of organized crime into its territory, and
the drug trafficking, since the United States is the main consumer of illegal drugs. Human
trafficking is a threat for national security as terrorists could use these networks to enter
the United States through the Mexican border (Schaefer, Bahney, & Riley, 2009). In fact,
the United States was very deeply concerned with the deteriorating situation in Mexico in
2009. In a National Drug Intelligence Center official webpage it is stated that Mexican
DTOs (drug-trafficking organizations) represent the greatest organized crime threat to the
United States. The influence of DTOs over domestic drug trafficking is unrivaled (National
Mexicos elite has been divided into two groups regarding the debate about national
security--the nationalists and the globalists. PRD and PRI are in the nationalist side and
PAN in the globalist side. Nationalists advocate a higher degree of independence from the
United States and the globalists tend to support international cooperation initiatives such
The United States support to Mexico was almost $400 million dollars in the period
from 2000 to 2006. The U.S. governments Law Enforcement Professionalization and
Training Project provided 275 training courses to 6,269 Mexican law enforcement agency
personnel. The U.S. government has also provided training to new SSP polygraph
operators. In addition, the U.S. Coast Guard provided several training courses for the
Mexican navy in 2007, including seven maritime law enforcement courses focused on
maritime boarding tactics and procedures for more than 250 Mexican navy personnel
(Schaefer, Bahney, & Riley, 2009). The RAND analysis authored by Schaefer explains the
38
level of aid that the United States gave to Mexico in this period which preceded the Merida
Initiative. It explains that the United States focused on four trends to aid Mexico, each with
a different level of intensity. The trends are counterterrorism and counternarcotics, federal-
The primary focus of US aid has been in counterterrorism and counternarcotics. Since
Fox, Mexico increased the extradition of criminals to the United States and the control of
cooperation, the focus has been in vetting the federal police units, leaving aside the state
During this period the United States also provided technological aid to Mexico.
Mexico received fixed-wing aircraft and helicopters. The U.S. Department of Homeland
Security and the U.S. Customs and Border Patrol loaned intrusive inspection equipment to
Mexican customs. The third type of aid came in a lesser intensity and respond to institution
building, rule of law, anticorruption and financial transparency initiatives. One of the
reasons this kind of aid remained as a secondary focus is the respect of sovereignty since
the Mexican government has always been wary of U.S. involvement in Mexican Internal
Caldern increased cooperation with the United States through the Merida
Initiative, which had the objective of collaborating in the fight against drug trafficking. The
Merida Initiative was signed on June 30, 2008 as a regional security cooperation
agreement and provided Mexico with $1.5 billion dollars for the period of 2008-2010.
Chamber of Deputies, Alma Armbula states that the idea of this Initiative came from
Mexico, specifically from the Centro de Informacin y Seguridad Nacional (CISEN), the
39
Mexican intelligence agency. It contemplated probable obstacles present in the North
American Congress and Mexican political sector (Armbula, 2008). Although it began with
the Human Rights issues as the centre of the collaboration, the funding on this subject was
diminished to focus on technological aid as the first stage of funding. This aid came as the
following:
storage
However, at this point, the Merida Initiative remained at the Federal level and did
not contemplate assistance to the local police forces to address everyday security issues
since drugs is a federal matter for the US and Mexico (Schaefer, Bahney, & Riley, 2009).
Cooperation: The Mrida Initiative and Beyond, U.S. assistance initially focused on
training and equipping Mexican counterdrug forces, it now places more emphasis on
addressing the weak institutions and underlying societal problems that have allowed the
drug trade to flourish in Mexico. The Mrida strategy focused on (1) disrupting organized
criminal groups, (2) institutionalizing the rule of law, (3) creating a 21st century border, and
(4) building strong and resilient communities (Ribando Seelke & Finklea, 2013). These
four approaches constitute the four pillars that give form to the Merida Initiative.
The new administration, led by Enrique Pea Nieto has vowed to continue with the
cooperation with its particular adjustments. Some of the requests of the Mexican
40
government are in judicial reforms and prevention efforts, and limits to U.S. involvement in
In the CRS Report for Congress, written by Seelke, it is stated that [f]rom FY2008
to FY2012, Congress appropriated $1.9 billion in Merida assistance for Mexico, roughly
$1.2 billion of which has been delivered as of April 2013. The Obama administration asked
for $234.0 million for Merida programs in its FY2013 budget request and $183 million in its
There are several sections by which the support of the Unites States is given. For
the U.S. Agency for International Development (USAID) and the State Departments
request for the FY2015, the Economic Support Fund for Mexico is of $35 million. In the
Programs document for the FY2015, it is stated that [t]he FY 2015 request will support the
United States continued partnership with Mexico and expand mutual cooperation under
the Merida Initiative to address security risks from drug trafficking, violent crime, and rule
of law capacity in Mexico. Specifically, the ESF funding will focus on strengthening and
building reforms to improve the rule of law and respect for human rights and building
strong and resilient communities able to prevent and reduce crime and violence. A more
stable Mexico will increase the U.S. national security, enhance economic growth potential,
and protect U.S. citizens along our shared border (Congressional Budget Justification
In USAID and the State Departments budget request for 2015, for the International
Narcotics Control and Law Enforcement section, $80 million are destined to Mexico to
institutionalize the rule of law, disrupting and dismantling criminal organizations, creating
21st century border, and building strong and resilient communities through the Merida
Initiative.
41
In Development Assistance, the FY2015 request is $12.5 million, is International
Military Education and Training, $1.5 million, and $5 million in Foreign Military Financing
(FMF). The FMF will support Mexicos efforts to control national territory and enhance
cooperation with the United States. The total amount requested reaches $134 million in aid
to Mexico for the FY2105. It is important to note that, as mentioned, these figures only
account for the request made by USAID and the State Department.
In the U.S. Department of State webpage, there is a section that pertains to the
Merida Initiative which lists the main programs and activities realized under the Initiative.
The U.S. Congress has appropriated $1.9 billion since the Merida Initiative began
the Government of Mexico and civil society to promote the rule of law and
Mexicos new justice system; increasing knowledge of, and respect for,
Air mobility has been increased through the delivery of eight Bell helicopters
to the Mexican Army/Air Force, three UH-60M Black Hawk helicopters to the
42
Federal Police, and three UH-60M Black Hawk helicopters to the Mexican
The U.S. government has provided scanners, X-ray machines, and other
detect illicit goods at key checkpoints of land and air ports of entry.
(Merida Initiative).
has provided crucial support to the Mexican government in building the capacity of its rule
of law institutions and advancing justice sector reforms, while enhancing the bilateral
relationship and extent of cooperation between the U.S. and Mexican governments
federal agencies - including the Department of State, USAID, the Department of Homeland
Security, the Department of Justice, and the Department of Defense - are working with the
with Mexico has demonstrated results. With our assistance, the Government of Mexico
has: Built a stronger legal framework through the training of over 8,500 federal justice
more than 19,000 federal and state police officers, 4,000 of which are federal
investigators; expanded secure incarceration at the federal level from five facilities with a
43
capacity of 3,500 to 14 facilities with a capacity of 20,000; improved the detection of
narcotics, arms, and money, reaching almost $3 billion in illicit goods seized; and provided
civic education and ethics training to more than 700,000 Mexican students. Since 2009,
Mexico has apprehended more than 50 senior and mid-level drug trafficking organization
(DTO) leaders, significantly disrupting all major Mexican DTOs (Brownfield, 2013).
accomplish the objectives of the Initiative. Apart from the Mrida Initiative, DOD has its
Mexico are overseen by the U.S. Northern Command, which is located at Peterson Air
Force Base in Colorado (Ribando Seelke & Finklea, 2013). The U.S. Northern Command
the mission to partner to conduct homeland defense, civil support and security
cooperation to defend and secure the United States and its interests (U.S. Northern
Command). The scope of this organization extends through Canada, Mexico and the
Caribbean. Some of the support given by the U.S. Northern Command includes counter-
NORTHCOM was not seen positively by Mexico at first, and its cooperation level
has not been considerable (Bentez Manaut, 2008). The creation of this organization
raised concerns in Mexico, as Deare states: The fact that the U.S. Government created
as they would have liked troubled both Mexican and Canadian leaders. This displeasure
manifested itself in large part in the Mexican press, which published articles raising
44
However, the cooperation began evolving. In an institutional news article from the
American Forces Press Service in 2013, Donna Miles cites Maj. Gen. Francis Mahon,
director for strategy, plans and policy at NORTHCOM, and gives his point of view of the
relationship between NORTHCOM and the Mexican authorities. ... [T]he Mexican army
and Mexican navy have taken on a larger role beyond internal security issues, our
relationship with them has really grown and expanded through security cooperation... They
have opened up to us and said, Lets start working closer and closer together (Miles,
2013).
In this interview, Mahon talked about the strategic importance for both nations of
partnering and envisioned a deeper relationship for the future. About the activities being
carried out by NORTHCOM in Mexico, Mahon said that [t]he scope and breadth of things
we are doing with our Mexican partners is very wide. Its everything from techniques to
planning skills to support for disaster operations. About the future, Mahon stated that Its
all about getting comfortable with each other and hopefully, advancing in the relationship, it
would be wonderful, someday, to take a Mexican company to the National Training Center
to train with an American battalion or brigade. That sounds visionary, but we regularly
conduct combined training with other allies and partners. There is no reason we cant get it
going with our Mexican partners. I think our vision, working with Mexico, is that they
This interview provides the perfect example of the new convergence of the Mexican
and U.S. views of national security. The Mexican redefinition of national security explained
In another news article by Associated Press, Kimberly Dozier writes about the
officials to study U.S. counterterrorist operations, to show them how special operations
troops built an interagency network to target al-Qaida mastermind Osama bin Laden and
NORTHCOMs current special operations training missions are an outgrowth of the Merida
Initiative that was signed in 2008, to provide extensive military assistance to Mexico. The
extra special-operations staff, including both troops and civilians, will help coordinate more
missions as Mexico requests them, current and former officials said (Dozier, 2013).
United States does not accept such allegations, as they point out in the State
Departments website where it is stated that [t]he Merida Initiative is a partnership, and
the United States respects its individual partners sovereign decisions and their different
legal authorities. Close collaboration with Merida counterparts has been a hallmark of all
issues concerning support, training, technical advice, and funding. The Merida Initiative
supports efforts partner nations themselves have initiated to combat their common enemy-
Mexico has always been cautious when the United States approaches its internal
affairs, in this sense, a respect for sovereignty must be clearly defined in future endeavors
of cooperation. During the Merida Initiative debate the U.S. Congress, Caldern stated that
My government will defend at all times its national sovereignty and the interests of
Mexicans and we will act strictly in accordance with the Constitution, and, of course, we
will not accept conditions that simply are unacceptable (Schaefer, Bahney, & Riley, 2009).
The pertinence of this concern responds to the history between the two nations. As
Craig Deare mentions virtually every Mexican schoolchild is taught the events of 1836,
46
18461847, 1914, and 1917, the key dates of U.S. interventions against Mexican
sovereigntythe reverse is not true in the United States. Only a small percentage of U.S.
citizens are aware of what actions the U.S. Army and Navy performed in those years. And
while the following events are ancient history for a U.S. audience, they formed a deep scar
In 2009, a PMSC called Jax Desmond Worldwide (JDW) in a press release offered
its services of risk management that provides antiterrorist and counterinsurgency support
to the Mexican government in order to completely destroy the criminal group known as Los
Zetas in under 120 days. It claims to have a military capacity unreachable to Los Zetas
and the most powerful arsenal in the world. The offer was snubbed by the Mexican
government but the press release showed the extent of which PMSCs will go to try to
Most of the activities of the United States regarding the Merida Initiative are under
the services of private contractors, many of which are PMSCs. The fact that these
companies are entering Mexico is of special concern due to their nature and the sensibility
government is still in question. However, their incursion into Mexico has been significantly
overview of the security cooperation between Mexico and the U.S. was addressed. The
document presents the speeches of several officials. Elizabeth Hogan, the Senior Deputy
Assistant Administrator in the Bureau for Latin America and the Caribbean in USAID
47
stated that [w]e are also partnering more and more with the private sector to raise
additional resources for prevention, as well as to make our efforts more sustainable. For
instance, we are working with Intel and Prudential in the cities of Monterrey and Tijuana to
train at-risk youth from tough neighborhoods for productive employment in the technology
military matters, since the fourth pillar of the Merida Initiative is about building strong and
resilient communities. Some of the activities carried under NORTHCOM and USAID
address the topics of human rights by bringing Mexican officers to the United States for
specialized training on human rights and use staff Judge Advocates to teach classes in
Mexico on human rights and the Law of Armed Conflict (Feeley, 2013). There is also a
partnership with the Mexican Federal Police. Other activities include crime and prevention
strategies in target areas. As Hogan points out, [t]he crime and violence prevention
component, Pillar IV, of the Merida Initiative is at the heart of USAIDs work in Mexico.
addition, to help remedy staffing issues, USAID is hiring a personal services contractor in
Washington to assist in the management of CARSI and Mrida (Engel, Mack, & Grassley,
2010). Many of the offerings of the United States to private contractors are posted in the
Official Federal Business Opportunities website. The extent of the services required is
In a news report in the Mexican newspaper Milenio, Victor Hugo Michel covers the
collaboration of Mexico and the U.S. and the involvement of private companies. He cites a
training and equipment needs. He also states that [a]s of now, the DynCorp company
has contracted three employees to administer its participation in the Merida Initiative, one
of whom will be in Mexico City and will help the Narcotics Affairs Office in the Embassy to
To outline other examples, here is a list of positions mentioned in the Milenio article by
Victor Hugo Michel for private contractors to work in Mexican institutions. The list,
49
Table 1 Job openings in the Federal Business Opportunities website
Contract Position Area Activities
Source: https://www.fbo.gov
anonymous said that the budget for the Merida Initiative is being released bit by bit and will
be doled out to 30 or 40 U.S. contractors. He said that these companies are lining up for
Merida contracts and that the Mexican government is being picky by checking their
reputations. Other concerns were raised by U.S. Congresswoman Jan Schakowsky, who
said monitoring their activities could be difficult. When they wear the badge of the United
States there is a very clear chain of command and very clear rules. These contractors tend
50
Another article by the BBC Mundo, Mxico, in 2011, quotes Jos Luis Gmez del
Prado, president of the United Nations Working Group on the Use of Mercenaries, and he
says that the millions of dollars the U.S. gives in order to combat drug trafficking are not
awarded to local governments but come in the form of war technology that is in hands of
private contractors. He also said that the Working Group he presides has asked the
Mexican authorities to allow a visit and has not received an answer. They have been
observing several countries in Latin America on the matter, but neither Mexico nor
Colombia have answered. This has been confirmed in the Office of the High
Commissioner for Human Rights website where Mexico appears under the label
Requested visits and not on the Completed visits (Office of the High Commissioner for
Human Rights). One of his concerns is the possibility of the participation of private security
Guanajuato. In the same article, Benitez Manaut is quoted by saying that government
agents are bound since they are watched by the U.S. Congress but private contractors are
free since no one watches over them in any country in the world (de los Reyes, 2011).
In the U.S. official report Merida Initiative to Combat Illicit Narcotics and Reduce
Organized Crime Authorization Act of 2008, Title III, Administrative Provisions, places
contractors present in each recipient country, and prohibits cash payments. Under Section
302 of this Title, Limitations on Provision of Assistance it is stated that the activities
officers of the recipient country, not by U.S. citizens or foreign nationals retained as
contractors for Mexico and expect that the assistance provided under this Act will be in
51
the form of equipment or training; no cash shall be offered to bolster a recipient country's
counternarcotics efforts. The purpose of this limitation is to ensure that the assistance
addresses those concerns identified by Mexico, Central America and the United States,
and that the United States maintains visibility over assistance provided (Committee on
Since the United States is the official contractor of private security services, the
accountability they give on the matter is essential to assess a potential impact to Mexicos
sovereignty. The United States, in the Foreign Relations Authorization Act, Fiscal Years
2010 and 2011, issued by the Committee on Foreign Affairs of the House of
Mechanism, in part H, that a report will be required with a detailed description of contracts
awarded to private companies to carry out provisions of the Merida Initiative, including
(i) a description of the number of United States and foreign national civilian
companies is not reported. This lack of transparency made Senator Claire McCaskill,
her opening statement on May, 2009. She said that there is almost no transparency into
what these contractors are doing or how much were paying them. And it appears there
has been insufficient oversight of these types of contracts. She also said that the
are contractors doing? And are the taxpayers getting what they paid for? She added, We
52
asked this information from the State Department and the Defense Department more than
three months ago. Despite our repeated requests, neither Department has been able to
their services with low quality and underreported contracts made by the State Department
In May 26, 2011, Jess T. Ford, Director for International Affairs and Trade,
the State measures its performance based on information provided by the Narcotic Affairs
Sections at overseas posts. He also mentions that contract data are disaggregated
between the Narcotics Affairs Sections and the Federal Procurement Data System
(FPDS). The International Narcotics and Law Enforcement Affairs are also in the process
of developing its own database of counternarcotics contracts since they do not have a
comes from the FPDS and posts (Ford, Department of States Counternarcotics
In another report in 2009 by Jess Ford, a status of the funds of the Merida Initiative
is provided. It mentions that the programs are derived from three appropriations, the
International Narcotics Control and Law Enforcement account, the Economic Support
Fund, and the Foreign Military Financing account. However there is no breakdown of
private contractors for each activity in this document. The document does state that
Merida assistance () is difficult to track because each of the three State bureaus has a
different method for tracking Merida funds. () State could not provide us with a
comprehensive document that contained an accurate status of Mrida funds across all
53
accounts. Rather, we received separate spreadsheets and reconciled each to determine
the status of Mrida funds overall (Ford, Status of Funds for the Mrida Initiative, 2009).
In a Report for Congressional Requesters, dated from 2010 and titled Mrida
Initiative: The United States Has Provided Counternarcotics and Anticrime Support but
Needs Better Performance, with the identification GAO-10-837, it is said that the States
strategic documents lack certain key elements that would facilitate accountability and
management. It also states that they do not include performance measures that indicate
progress toward achieving the four strategic goals or timelines for all future deliveries and
America contains analysis that covers information on private contractors activity in eight
countries of Latin America, hired by the State Department and the DOD. The document
states that [t]he White House Office of National Drug Control Policy is charged with
overseeing the overall strategy of the nations drug control mission, but three government
America: the Department of State, the Department of Defense, and the U.S. Agency for
This report shows a chart divided by country on where the allocations of resources
are headed. In Latin America, Colombia is by far the country with more PMSC activity
derived from U.S. assistance with 80.1% of the spending. Mexico comes in second place
with 7.3% of the total spending on private contractors by the U.S. The report also mentions
that the counternarcotics contracts in Mexico reached its peak in 2008, with 64.4 million in
spending.
54
The companies involved in Latin American contracts are mainly five, DynCorp,
Lockheed Martin, Raytheon, ITT, and ARINC. They represent over 57% of the total
counternarcotics contracts from 2005 to 2009. The main spending was done in aircraft-
related services, equipment and training. Other areas include Base Operations Support,
The report points out problems due to lack of transparency and oversight of these
companies by the U.S. government. This can turn into a major concern for Mexico if they
cannot keep up with the activities performed in Mexican territory. Neither the Defense
Department nor the State Department has a centralized database or system with the
overwhelms staff capacity in some instances, and found that many of the acquisition steps
are manual processes that are both time-consuming and error prone (Subcommittee on
where it states that $54.4 million dollars were spent on contracts identified solely by
supplies, and/or services. The report concludes that the federal governments annual
spending on counternarcotics contracts in Latin America rose by 32%, from $482 million in
2005 to $635.8 million in 2009 and that the State Department and the Defense Department
In an interview with Los Angeles Times, Laura Carlsen, director of the Americas
55
Congress has stipulated that Mexico receives no cash payments or budget
support under the plan. All the resources will be given in kind, through
This means that most of the money will remain in the United States with
This raises ethical issues of what constitutes foreign aid, and the impunity
that these private security firms enjoy on foreign soil, where they have
allegedly been involved in the murder of civilians and other human rights
Mexicos intelligence and national security apparatus has also raised valid
concerns over sovereignty within Mexico that could end up increasing friction
between the two nations (La Plaza: News from Latin America and the
Caribbean, 2008).
responsibility of the government of the United States, Mexico has to push for better
performance measures or begin controlling the private security firms that are entering the
country. In Mexico, existing national laws are evaded by PMSCs, increasing the lack of
oversight on them. As mentioned before, U.S. interventions in Mexican affairs have always
been seen with concern. The failure in the control and oversight of private contractors
In 2012, an article in The Washington Post noted that the number of private
security firms in Mexico is rapidly expanding and that contractors are seeing Mexico as a
business opportunity. However, their article mentions the limitations for PMSCs that the
56
country has. They quote Michael Braun, a former DEA operations chief, now working with
Spectre Group International LLC, a private security firm, saying that [t]he Mexican
government is not going to allow U.S. contractors to be armed in Mexico, and I can tell you
that alone will cause many companies large and small to not even consider performing
work there. () The Mexican government and the Mexican people are extremely sensitive
when it comes to these questions of sovereignty, and we need to respect that (Miroff &
Booth, 2012)
Although there are events in the relations between Mexico and the United States
that might raise questions about the control over sovereignty, the Mexican legislation is
wary of any external threat. Article 27 of the Federal Law of Firearms and Explosives (Ley
Federal de Armas de Fuego y Explosivos) states: Foreigners will only have the
authorization to possess arms when (...) they accredit their status of inmigrados, except in
the case of a temporary license for tourists with sporting purposes (Cmara de Diputados
Mexico has a strict usage of weaponry. The only official and legal way of obtaining
a gun is through the Directorate of Arms and Munitions Sales. As the Washington Post
published in 2010, [t]o go shopping for a gun in Mexico, customers must come to Mexico
City. (...) To gain entry to the store, which is on a secure military base, customers must
present valid identification, pass through a metal detector, yield to the security wand and
surrender cell phones and cameras. To buy a gun, clients must submit references and
prove that their income is honestly earned, that their record is free of criminal charges and
that their military obligations, if any, have been fulfilled with honor. They are fingerprinted
home and hearth, they are allowed to buy just one. And a box of bullets (Booth, 2010).
57
These strict requirements apply only to national citizens that comply with several
other requirements. Non-citizens are not allowed to work as armed security guards or to
carry weapons for self-defense. For many private contractors this has been a deterrent to
work in Mexico, others have just adapted to what the legislation approves or omits;
Mexican authorities to apply the law. As Perret mentions in his paper Privatization without
Regulation: the Human Rights Risks of Private Military and Security Companies (PMSCs)
in Mexico, Mexican law on private security requires, among other provisions, that security
companies officially register both their entities and employees and that non-Mexican
citizens are prohibited from bearing arms. In reality, however, neither domestic nor
country come from illegal sources. Andrea Amaya mentions that 70% of the seized
weapons come from the United States. Another document issued by the General
Attorneys Office identifies four routes of arm trafficking in Mexico. The volume of the arms
In the Mexican Constitution, Article 21 states that public security is a function of the
Federation, the Federal District, the states, and the municipalities. However, the General
Law of the National Public Security System contemplates the existence of private security
It is important to note the last amendment to Article 150 made in July 2012. In the
Statement of Motives for the amendment, issued in the Gaceta Parlamentaria with number
3347-IV, it is stated that the original article has a clause of foreign exclusion for private
58
security providers. This, is claimed, violates the ability of the Federation to legislate about
disposition that limits or restricts the contracting of private security services to national-
exclusive economic activity (Ovando, Acosta, Caro, Aguirre, & Herrera, 2012).
laws that are consistent with the Federal government actions, such as the utilization of
PRD congressman, who said that the prohibition to allow foreigners to participate on
security matters must be maintained as well as the strict controls required in the
the reform. Congressman Jaime Crdenas was also quoted and said that this kind of
As explained above, most PMSCs contracted under the scope of the Merida
Initiative work for the U.S. government, this gives them immunity from prosecution by the
Mexican government since they are considered part of the US mission in Mexico and
benefit from the same treatment as other US government employees (Perret, 2013).
PMSCs contracted directly by the Mexican government have a much more limited scope of
action and work for the Ministry of Public Security (Secretara de Seguridad Pblica). Their
prohibited foreigners of owning or operating a PMSC in Mexico. However this was evaded
by establishing bases in neighboring countries and working remotely or travelling for short
59
periods of time, which is possible due to the nature of the contracts with Mexico in which
60
CHAPTER IV: DELPHI METHOD AND PROSPECTIVE ANALYSIS
1. DELPHI METHODOLOGY
public security. The questions were developed with the intention of obtaining a future view
The experts interviewed where seven and came from different backgrounds. Their
1. What services offered by Private Security Companies will have a tendency to grow
2. What is the relation between institutional weaknesses in Mexico with the private
security market?
3. What other factors promote the increase in the demand of private security services
in Mexico?
61
4. Are Private Security Companies a trustable way to contribute to the institutional
development of Mexico?
5. In terms of public security what level (local, state or federal) is the most vulnerable
7. How could public security institutions in Mexico benefit from the collaboration with
Private Security Companies towards 2020? In a scale from 1 to 10, how much
According to the experts opinions the services most needed in Mexico are the
ones in Table 2. This was evident after examining the weakness of the security institutions
in Mexico and the new advancements that are being used worldwide.
On the question regarding the potential risks or benefits that the inclusion of
PMSCs represents for the sovereignty of Mexico, at any level, being federal, state, or
local, an average of the ratings provided by the experts was graphed. As we can see in
Graph 2, most agree that the benefits will be greater. This is understandable given the
weakness of Mexican institutions. The support that a professional contractor can give to
contribute to the development of institutions is seen as greater than the risks these
62
companies may pose to sovereignty. Most of the interviewees had knowledge of the
Mexican legislation and the concern of Mexican officials to subcontract security services.
Once the questionnaires where completed, there was a thorough analysis of their
answers in order to find common factors divided in four specific topics. These factors were
later converted into variables that would be used for the next stage of the prospective
1. Mexican institutions
The purpose of dividing the variables obtained into four different topics was useful
in order to complete the next step of the prospective analysis represented by a Cross-
Impact analysis using a matrix of the final version of the variables. This matrix was
answered by three of the experts consulted and then submitted into software created by
63
These results offer a probability of occurrence of multiple scenarios that take into
account the variables derived from the Delphi study. A further explanation of the Cross-
of the manner in which events in the future may interact. It takes into account the
occurrence or non-occurrence of an event and how these can influence on other events.
The first step is to generate the events to consider for the analysis.
Four events were designed taking into account the Delphi method results. The
events are shown in Table 3. Then, a description of each event is presented in order to
Event Description
E1 Institutional development is an integral part of policies
E2 Private Security Companies continue their growth in Mexico
E3 PSCs are controlled through a strong legal framework
E4 The government is prone to delegate responsibilities to external actors
Mexican institutions are starting to gain strength through internal development and, to a
lesser extent, through private external aid. Police and security institutions are shifting from
a reactive nature to a strategic one. The lack of personnel for public security functions is a
problem that is being addressed through higher incomes and a career model for
corruption, a problem with deep roots throughout Mexican history. Numerous training
64
programs have been developed with domestic and international resources to achieve a
more professional police. In financial matters, a great number of resources have been
allocated to develop the public security dimension in Mexico since this is considered a
priority. The population and private sectors confidence in public security is rising. The
Mexican institutions have begun to develop their own technologies and implementing a
long-term vision.
The Private Security Companies participating in Mexico are strongly coordinated with
public institutions. They share knowledge and function as a compliment for public security.
Their professionalism is significant and they focus their human resources to provide their
services for public or private actors. Although they are helping the institutions in Mexico to
gain access to new technologies and modern programs, their contribution to institutional
development is minimal, as many of their services are contracted to fill gaps in Mexican
needs and do not give a strong foundation for long-term development. Their services are
well appreciated since they help protect strategic installations, gather intelligence, and run
prison systems.
Private Security Companies are thoroughly reviewed, the number and competences of
each one of them is clearly defined in legal documents. Everything that comes through
international aid is fully in control of the state and belongs to it. The monitoring and
oversight of PMSCs is extended and helps the delineation of policies. External aid to
official institutions responds to Mexican needs and is seen as suggestions for decision-
making, with complete independence for the state to follow it or not. There is a clear legal
65
framework that limits the activities of foreign participants in internal affairs such as gun
Although there is resistance in some local governments to work with external actors, there
is no real threat to Mexicos sovereignty. The vulnerability in the local sector has been
diminished through a strong legislation and clear premises. Everything done between
Private Security Companies and local governments need to pass through a confidentiality
guarded and collaboration with other countries falls under international law parameters.
Mexico may develop dependence on some foreign services since it is not building new
technology.
Once the events are properly defined, a question is formulated for each of the
event in order to assess the probability of occurrence of each. This probability is given by
the experts selected and was given independently from one another. The average simple
probability by each expert for each event is presented in Table 5; it is showed in a range
Event 1: How probable is that the institutional development in Mexico becomes an integral
part of public policies by 2020 deeply affecting reactive practices in security areas,
Event 2: What is the probability that PSCs continue their involvement in Mexico by 2020
through international cooperation with other countries, especially the United States and
66
Event 3: What is the probability that the legislation in Mexico will be adjusted in order to
better administer private security companies and secure the states responsibility of
Event 4: How probable is that the Mexican government will continue accepting external
actors and delegate responsibilities pertaining to public security by buying their services to
Simple
Event Description
probability
E1 Institutional development is an integral part of policies 0.7
E2 Private Security Companies continue their growth in Mexico 0.7
E3 PSCs are controlled through a strong legal framework 0.5
E4 The government is prone to delegate responsibilities to external actors 0.4
The simple probability gives a general overview of the occurrence of each event.
However, the extent of this method goes beyond these numbers and includes the
interaction between the events. The Cross-Impact analysis considers positive and
How probable is that Event X will happen given the occurrence of Event Y? This is asked
The negative conditional probabilities follow the inverse relation. To determine the
probability, the question asked is: How probable is that Event X will happen given the non-
shows the matrix of the probability of the occurrence of an event (X) given the occurrence
of another (Y).
67
Table 5 Positive conditional probabilities
The negative conditional probabilities follow the same pattern with the only
difference being that the matrix now takes into account the probability of the occurrence of
Once the conditional probabilities are seen, we can move forward to the probability
of occurrence of the scenarios, which is the objective of using the Cross-Impact analysis.
Scenarios are generated by the number of events created and the overall probability of
occurrence of each. The overall probability includes conditional and simple probabilities.
As the description of the events show, they are determined for the 2020 horizon. Every
The realization of an event is marked with a 0 if the event is not to happen and with
a 1 if the event will happen. To give an example, the number 0001 says that event 1, 2,
and 3 will not happen, but event 4 will happen. Because the number of events is 4, the
total possible scenarios are 16, the probability of occurrence of each is determined with
68
Table 7 Probability of each scenario and accumulated value
The probability of occurrence of the first scenario reaches 22% and is defined by
(1000), which states that the first event will occur and none else will happen. This is the
tendency scenario. The second scenario in probability has 17% probability of occurrence
69
and is defined by (0111). The first six scenarios represent 77% probability of occurrence,
according to Godet, its necessary to consider the scenarios around 80% of probability, so
these six scenarios will be the basis to form the final four scenarios for the potential threat
The first scenario shows the most probable tendency and is seen as an attempt by the
Mexican government to strengthen its institutions over any other effort. This talks of a
government that has established as its priority to have a strong state. If this is on its way in
2020, an increased confidence of the citizenship will be seen. The public institutions will be
more trusted and the law will be complied with a PMSC or any other external actor
cooperation. However, the use of PMSCs will decline, as well as cooperative attempts
In this scenario, the reach of the Merida Initiative will be waning since the strengthening of
legislation, little change will be seen since there is no apparent gap in any law that might
challenge sovereignty, the difference will be that the law will be complied and thus, a
Nevertheless, the attempt of the Mexican government to strengthen its institutions by its
own is not a fact and many problems will have to be addressed from the inside such as
corruption and lawlessness. To do this a more strategic approach has to be given when
70
Scenario 2 (0111) Help wanted
The second most probable scenario gives another perspective of the institutional
development of Mexico. The country is aware of the need to restructure internally in order
to have a stronger state; however the ability to do this by its own is weak. In this scenario,
the Mexican government will continue to accept external aid from the U.S. and PMSCs.
More and more companies will see Mexico as an ideal country to do business.
Mexico will accept the entrance of private companies to help its endeavor of strengthening
institutions and will adapt the legislation to have a broader control of the activities these
organizations have in the country. Every offer of international cooperation will be seen with
good eyes by the Mexican government, slightly shifting their historical position on external
However this shift will not be abrupt since the need for a better, more controlling legislation
is well in sight of the authorities and every action to accomplish this will be taken in such a
way that sovereignty is not at risk. Some laws will have to be more lax, in order to permit a
more effective approach to external aid, while some laws will have to be strengthened to
This scenario, third in probability, can be seen as the status quo scenario. While there is
and other services that Mexican institutions lack will be imported from PMSCs. This means
an increase in PMSC activity in the country, which results from the continuation of the
Merida Initiative.
71
The need for changes in the legislation is not a concern, as Mexico has a good legislative
framework. However, the struggle to make the law be carried out is still an issue and there
have not been enough projects to address the lack of oversight and monitoring of PMSCs
in the country. Although this can turn into a problem for sovereignty, the Mexican
government is still wary of any external aid. Even if the Merida Initiative has brought
advancements and progress, the difficultness to control the nature of private companies
This is the sixth most probable scenario to occur and represents a plausible and desirable
scenario for Mexico. This scenario was chosen as it is seen as a desirable scenario. It
depicts an effort of the Mexican government to build strong institutions as well as obtaining
any expertise and technological advancements from PMSCs. It reckons a strong oversight
and monitoring of their activities with foundations in the legislation. We can see in this
example that Mexico understands the position of PMSCs in Latin America, and is now
dictating the way they should interact with governments in the region.
involvement that exists is well controlled and fluctuates in a manner that benefits the
strategic needs of the country. There is a master plan of the government to develop its
institutions that include PMSCs in such a way that they are under jurisdiction of Mexican
laws. The government takes a careful approach when dealing with them and does not
allow any violations of human rights or sovereignty risks thanks to a strong legislation.
Regarding other external involvement, the Mexican government is still concerned about
the sovereignty of the nation and does not allow any involvement that has the potential of
72
going beyond governmental control. When cooperating with other countries, Mexico has a
clear stand on its position and only allows foreign involvement when it is beneficial for the
73
FINAL CONSIDERATIONS
The goal of this document was to assess the potential risks posed by PMSCs to
Mexican sovereignty. As we saw, there are serious concerns on thinking of the plausible
threat the incursion of these multinationals can bring to Mexico. However, after discussing
the rigidness of the Mexican law, we observe control mechanisms to secure sovereignty.
Nevertheless, these mechanisms are not applied as they should and this could exacerbate
Alongside this, a clear notion of the involvement of the United States in this matter
was elucidated. One of the main issues presented was the lack of oversight and
monitoring at high levels in the U.S. government. Even though this makes the United
States concerned because of the allocation of funding, it should be of special attention for
Mexico, as these companies are entering many governmental institutions and their
A complete list of the companies working in Mexico is not available but some of the
companies known to have established in Mexico are DynCorp, Lockheed Martin, ARINC,
ITT, Raytheon, and Northrop Grumman. Most of them have been cited by the United
Nations Working Group on the Use of Mercenaries as having legally doubtful practices.
The scenarios formulated are a valuable asset to portrait the future and make
decisions accordingly since the main concern of politicians is the threat to sovereignty.
While it is true that Mexico has always been concerned regarding its sovereignty, it also
has a recent history of economic opening and hunger for foreign investment. While there
are supporters and detractors of these kinds of policies, when addressing PMSCs the
74
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80
ANNEXES
Expert 1
La cercana con los habitantes. Hay mucho dficit por las depuraciones policiacas. En
Monterrey se quedaron con pocos policas, el contralmirante tena 800 policas y se qued
con 200. Este dficit est siendo compensado por elementos de seguridad privada. Las
grandes empresas contratan sus servicios pues no estn dispuestas a esperar a que las
autoridades hagan su trabajo.
Hay mucha resistencia del sector privado con el acercamiento municipal, no hay mucha
filosofa de colaboracin, ni credibilidad. Tenemos un eje de asociaciones pblico-
privadas y no ha podido salir. Al municipio s le parece traer recursos pero en el lado
privado no, ya que: nos han dejado colgados en el cambio de administraciones, no nos
cumplen los convenios que ejercimos, no nos dan lo que al principio haban ofrecido. Hay
mucha resistencia del sector privado al sector pblico pues no confan en ste.
81
Quisieron hacer un convenio de colaboracin con el municipio de Monterrey con el
esquema de polica de barrio. Sin embargo este esquema es para clase media, media-alta
con la facilidad de colaborar para un vehculo y adems el convenio con seguridad pblica
asigne a policas. Sin embargo esto lo pag Oxxo y el modelo no funcion. Haba
corrupcin, no se rehabilit la estacin de polica, a pesar del convenio. Entonces Oxxo
contrat su propio sistema de seguridad privada. Han gastado muchos millones de pesos
en seguridad privada pues no confan en el municipio.
82
personas dentro de la institucin en las que no se confa totalmente como para estar
compartiendo este tipo de servicios.
El secretario de seguridad del Estado cerr las puertas por considerar que empresas de
otros pases vengan a trabajar. Porqu los gringos me van a venir a decir qu es lo que
tengo qu hacer? Aunque su equipo operativo piense que es benfico el modelo de
policia de proximidad. Aunque el general no est de acuerdo por lo que no se puede
hacer nada. En Guadalupe la situacin es diferente pues si estn abiertos y hemos
llevado consultores y han resultado beneficiados del apoyo de USAID. En Monterrey, para
poder trabajar el proyecto piloto de polica de proximidad, el anterior contralmirante y el
actual tuvieron que ir a hablar con el Gral. Flores, secretario de seguridad el Estado para
que les diera oportunidad de llevar este programa piloto de USAID y al final s concedi el
permiso. Pero si hay resistencia en Fuerza Civil por cuestiones polticas con el consulado.
Es difcil convencer al sector pblico de colaborar con USAID sin embargo poco a poco se
han ido abriendo.
El beneficio puede ser grande ya que las empresas privadas traen cuestiones de
capacitacin, mejora continua, calidad, estn en boga estos conceptos.
Beneficio: 8
Sin embargo, hay mucha resistencia por la parte gubernamental de dejar entrar a actores
internacionales. Adems, los productos que se entregan de parte de USAID son
propiedad del gobierno mexicano.
Riesgo: 8
Expert 2
83
Falta de personal policiaco. A nivel estatal y municipal carecen de personal. Hay muchas
empresas que contratan personal de seguridad privado esto a raza de la ltima crisis de
inseguridad. La comunicacin entre instituciones es muy limitada. El mayor apoyo que las
instituciones reciben es en la parte de la infraestructura tecnolgica.
La falta de vigilancia, crecimiento de los delitos del fuero comn, la falta de equipo tctico
para cumplir con tareas de vigilancia.
La realidad es que al entrar una empresa extranjera que invierta de forma mayscula,
est comprometida a cumplir con las expectativas y de forma responsable. Si ayudan y si
son confiables. Tienen mejores recursos econmicos, estn mejor preparadas y tienen
ms compromiso para realizar su trabajo.
Hay que revisar si la legislacin al da de hoy es la adecuada para que se lleven a cabo
las labores de vigilancia.
El municipal. Es el que menos se preocupa por prepararse. El polica del nivel federal
tiene que pasar por un perodo de escolaridad, quiz pueda contribuir alguna empresa
privada pero el municipio es ms vulnerable pues tambin depende de recursos, los
cuales son menores en este nivel y esto hace ms propenso la contratacin de servicios
de seguridad privada.
Es necesario tener fortalecidas las instituciones para que no se vean transgredidos por
personas civiles. Tambin se debe estar sujeto a las leyes y reglamentos emanados de la
Constitucin. Las empresas privadas pueden entrar como asesores pero deben tener sus
limitaciones. Se deben de escuchar a los asesores pero siempre en base a lo que la
legislacin dicta. El caso del Gral. Naranjo con Pea Nieto quien es un consultor privado e
influy en las decisiones del pas. Las instituciones deben estar asistidas por el congreso
quien es la representacin social.
Hay que tener en cuenta que cada estado tiene una legislacin diferente.
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Las empresas que vienen sugieren en base a sus experiencias. Hasta cierto punto es
aceptable pero siempre habr alguien que ponga un lmite en base a sus necesidades. La
idea es que sirvan como complemento.
Al final es ms beneficio que riesgo. Al estar dentro de una institucin se les comparten
los conocimientos de las empresas privadas, cualquier iniciativa tiene que llegar al
congreso por lo que tiene que pasar muchos controles y por lo tanto no genera tanto
riesgo. No hay mucho riesgo, se debe estar sujeto a las disposiciones del pas.
Beneficio: 8
Riesgo: 3
Expert 3
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Por otro lado, tambin hay que considerar que las inversiones privadas en
seguridad tienen la posibilidad de hacer que las instituciones adquieran la tecnologa
de punta de muchas de sus acciones, mientras que a las instituciones pblicas se les
dificulta tal adquisicin por las limitaciones presupuestales.
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nacional. Si no lo estn, pienso que en ningn momento estamos frente a la
posibilidad de vulnerar la soberana nacional. Si estn ligadas depender de la
utilizacin de candados y clusulas de confidencialidad la disminucin del riesgo que
podra presentarse de filtrar o poner en riesgo informacin que pudiera considerarse
estratgica o clasificada como confidencial en trminos de la propia informacin,
bases de datos, caractersticas de los equipos o sistemas que la contengan.
Por otra parte, convendra analizar la tipificacin de delitos y las sanciones que la
propia Ley General del Sistema prev para los casos de divulgacin indebida o ilcita de
informacin. En mi opinin pudieran hacerse ms severos.
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seriedad de las instituciones y su solvencia moral, econmica y tecnolgica debe quedar
debidamente acreditada.
Expert 4
Por ejemplo los guardias del embajador son oficiales de seguridad mexicanos.
Contratados por la embajada y adscritos a ella pero mexicanos.
USAID es una agencia del gobierno con fines de desarrollo humano, desarrollo
institucional. Las agencias de seguridad del gobierno de Estados Unidos son la Agencia
Antinarcticos, el INL International Affairs Narcotic Section, la DEA, el FBI, la CIA,
instituciones de gobierno. Estas a su vez tienen subcontratistas como MSI y estos
subcontratistas ofrecen servicios al gobierno mexicano pero regulado por los lineamientos
del gobierno mexicano como el de los Estados Unidos.
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La falta de personal es la principal. En Mxico los recursos asignados a la seguridad no
son pocos. En el sexenio de Caldern se asignaron 18 millones de pesos a la seguridad,
muchos de estos recursos no pudieron ser ejercidos por la falta de capacidad de las
instituciones para ejercerlos, derivado de la falta de personal.
Las empresas no trabajan directamente con el gobierno mexicano sino que lo hace a
travs de una organizacin del gobierno americano en base a tratados y convenios
internacionales celebrados entre los dos pases para colaborar de cierta forma. MSI
trabaja aqu pero la cara visible de este programa es USAID. El contratista o la compaa
no aparecen en ningn lado, por lo que no se puede decir que la compaa contribuye al
desarrollo cuando es otra persona o institucin la que se lleva el crdito.
Los servicios de seguridad privada estn muy focalizados y regulados por la ley a temas
que por la naturaleza de la seguridad pblica no pueden ejercer, es decir que solamente
le dan a las empresas actividades que no pueden atender, es muy poco probable que se
ponga en riesgo la soberana en cualquier nivel de gobierno. No hablamos de empresas
de seguridad privada haciendo tareas de seguridad pblica. Ni tampoco hay posibilidad
porque la Constitucin lo prohbe que la seguridad pblica en algn momento sea
concesionada a empresas privadas.
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SI hubiera un reforma constitucional para permitir esto entonces si hubiera un riesgo a la
soberana. Pero mientras eso no ocurra, se ve difcil que la soberana se vea a afectada.
Es tan sencillo porque a cada nivel existe un organismo especializado en las secretarias
encargado del control de la seguridad privada. Es el gobierno quien pone los candados.
Las sugerencias que alguien de una empresa privada hace en las reuniones de gobierno
son slo eso, sugerencias. Se puede considerar o no. Sera un riesgo mayor para
empresas que se renen con el Senado de la Repblica, con los senadores, con
organizaciones de la sociedad civil y hacemos propuesta de mejoras y hacen eco y se
convierten en iniciativas. La iniciativa del Cdigo Nacional, la Iniciativa de la reforma
constitucional en materia penal sali de propuestas de MSI, ah s puede haber riesgo.
Aunque no son a ttulo de la empresa. No es de inters de la empresa. Es el inters del
gobierno mexicano, expresado a travs de la Iniciativa Mrida y materializado a travs de
los recursos que da el gobierno de Estados Unidos. MSI como operadores solamente
seguimos los objetivos y lineamientos que se construyeron entre el gobierno mexicano y
el de Estados Unidos. No es una propuesta de empresa.
Estados Unidos tiene los mismos intereses, por esto la firma de la Iniciativa Mrida.
El riesgo es mnimo pues habra que modificar la Constitucin, despus modificar las
leyes en materia de seguridad pblica, las estatales, las leyes de armas de fuego y
explosivos y todo un marco legislativo que tendra que cambiara nada ms para permitirle
a los extranjeros portar armas en el territorio nacional. De ah a monopolizar el uso de la
fuerza, falta todava ms.
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6. Qu candados y estructura orgnica institucional es necesaria para garantizar
que se resguarde la seguridad nacional en el largo plazo?
Lo que blinda es el marco jurdico. El marco jurdico es slido. Garantiza el que vengan
empresas como Blackwater u otras empresas privadas y nos invada a travs de un
convenio. No veo necesidad de mejora al marco jurdico.
Si las empresas fueran competitivas y de primer nivel, sobre todo las que operan en
Mxico podran beneficiarse de copiar sistemas de trabajo de seguridad pblica o privada
pero como no lo son, no hay mucho beneficio. Al no superar las instituciones de seguridad
pblica las capacidades de las empresas privadas no representan un riesgo para las
instituciones.
En Mxico si hay firmeza institucional suficiente para que no sea un riesgo. Mxico no ha
desarrollado su propia tecnologa pero porque no le interesa hacerlo. La tecnologa en
seguridad pblica no es tan novedosa, es tecnologa de otras reas adaptadas a la
seguridad pblica.
Beneficio: 4
Riesgo: 0
Expert 5
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no tripulados, etc. Si hay en capacitacin de personal y en anlisis de informacin pero no
en trminos operativos.
La constante rotacin. No hay un servicio civil de carrera y cada sexenio rota la gente.
Esto hace que los servicios no se especialicen. Es muy comn que en reas sensibles,
cada gobierno lleva su propia gente. No hay continuidad en los servicios civiles. En
Mxico no se ha invertido mucho, o no es un referente en tecnologa de punta en el
mbito de seguridad.
Las empresas que a veces son de origen internacional pero operadas por mexicanos
terminan haciendo trabajo que no estaba inicialmente planeado.
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aeropuertos, de algunas reas donde la funcin es un rea federal donde ceden esa
proteccin a un cuerpo privado. La responsabilidad primaria la tienen las privadas aunque
tambin hay control de elementos federales.
Los contratos en el nivel federal con empresas privadas son muchos, se llenan de
asesores. Tambin est la forma de participaciones o convenios con otros gobiernos. Por
ejemplo los colombianos han apoyado a los mexicanos en la profesionalizacin de polica,
esto se da a nivel institucional. Muchas empresas privadas han filtrado informacin a sus
gobiernos de origen y esto puede convertirse en un riesgo. Al final, un Estado es celoso
de su autonoma pero cuando no se tiene la fortaleza institucional se llega a estos
contratos.
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clusulas especiales en sus convenios laborales con la institucin para que sea difcil
moverlos de sus puestos.
Hay un riesgo a considerar. La gente que capacitas, luego a dnde se van? Como el
caso de los Zetas. Muchas personas que han trabajado en anlisis de informacin, luego
terminan trabajando en empresas privadas pero tambin es posible de que crucen al
crimen organizado.
Debe haber controles para que la gente que vaya a recibir el conocimiento, no utilice de
mala manera sus conocimientos. Lo normal es que se aporte a las instituciones.
Existe un riesgo potencial. Se puede correr el riesgo de que si no hay una poltica de crear
y mantener la solidez tecnolgica de las instituciones, depender de las empresas
privadas. Esto sera efecto de la carencia y falta de visin de polticas pblicas
institucionales que solidifiquen el tejido. Esta falta de visin es una variable muy
importante a tomar en cuenta para el riesgo a futuro.
Beneficio: 8
Riesgo: 7
Expert 6
Los exmenes de control de confianza pues son un requisito indispensable a nivel estatal
federal y municipal. En trminos del mercado mexicano en general, todos los involucrados
en la seguridad debern tener al da estas pruebas. En ciertas tecnologas tambin. La
video vigilancia, cmaras fijas o mviles o ahora los drones que son algo novedoso y
verstil y pueden abonar a los aparatos del Estado. Las consultoras tambin. Las
instituciones de seguridad adolecen del talento humano para ciertos tipos de trabajos y
requieren ayuda de terceros para procesos o anlisis de protocolos. En capacitacin
tambin. Mxico es dependiente en tecnologa de seguridad. Para temas de investigacin,
software de anlisis, mtodos de intervencin, tecnologas de posicionamiento global y
todos los campos donde se involucra la radiocomunicacin.
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3. Qu otros factores fomentan el incremento en la demanda de servicios de
seguridad privada en Mxico?
La unidad especializada antisecuestros del Estado ha recibido un gran apoyo del gobierno
estatal. Le han invertido y han dado apoyo institucional a la unidad antisecuestros. Un
pilar para que esto funcionara fueron instancias privadas como empresas de consultora
que se dedican a asesorar con programas y objetivos a la unidad y fungir como puente
con la iniciativa privada para dar capacitacin, equipo, uniformes. De alguna manera se
estn fortaleciendo las instituciones. Son las empresas privadas quienes tienen el peso de
la capacitacin. Como ejemplo EGAP y los policas de San Pedro Garza Garca.
Si de aqu al 2020 los servicios de seguridad pblico son insuficientes para la demanda
social de seguridad y esa demanda hace que los gobiernos se vean forzados a contratar
servicios de forma privada, de forma generalizada o masiva se corre el riesgo de que el
esto pierda su soberana.
En Nuevo Len hubo una tentacin en 2008, 2009, donde la inseguridad era muy fuerte y
la sociedad deca que el gobierno est rebasado, las instituciones de seguridad estn
coludidas o son omisas. Si esto se generaliza y una empresa llega y te ofrece la mejor
tecnologa, los elementos ms capacitados para esta situacin entonces este escenario
se podra dar si se estuviera en un estado de crisis.
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6. Qu candados e infraestructura institucional es necesaria para garantizar que se
resguarde la seguridad nacional en el largo plazo?
El tema legal, jurdico es muy importante. El tema de inversin en capital humano es muy
importante. Y el tema de la planeacin a largo plazo, de planeacin estratgica. Estos tres
pilares son los bsicos. Claridad en la ley, redignificar al elemento humano que se dedica
a la seguridad pblica y la planeacin se asegurar la seguridad nacional.
Beneficio: 7
Riesgo: 3
Expert 7
Hay una actitud estpida en las instituciones pblicas y son nefitos en el tema de la
seguridad. Esto sucede en todo el pas. A diferencia de otros estados, en Nuevo Len hay
cierta organizacin en trminos de seguridad privada.
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Hay factores econmicos tambin. El incremento en el trfico de drogas, aunque tambin
otros delitos que fueron apareciendo a la par. Uno de los ms terribles es el secuestro ya
que afecta a todo el mundo. Las drogas son una decisin de cada quien, pero el
secuestro afecta a toda la poblacin.
Las instituciones de seguridad deben pasar por un examen integral para identificar el
problema desde la raz. La institucin es un conjunto de relaciones de igual naturaleza. Se
necesita la accin del ciudadano organizado y del Estado. Es vlido e indispensable
tambin apoyarse en las empresas de seguridad privada con estos fines. Las instituciones
acadmicas tambin pueden aportar al desarrollo institucional a travs de la seguridad.
Un ejemplo es la UANL, en su divisin de criminologa.
Se debe analizar de dnde provienen las empresas y los resultados que produzcan. Sin
embargo no hay mucho riesgo, al contrario, contratar estos servicios ayuda a garantizar la
democracia en la que vivimos. No existe ningn riesgo, la legislacin es muy clara en ese
sentido y la soberana no se ver amenazada. El derecho mercantil tambin debe ser muy
claro para la inclusin de empresas privadas extranjeras en Mxico. Hay que distinguir
entre recursos formales y recursos materiales.
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ANNEX 2: DELPHI VARIABLES
Instituciones
1. Reactividad de la seguridad pblica Reactividad
2. Cantidad de personal en las instituciones policiacas Personal
3. Corrupcin en las institucionesCorrupcin
4. La capacitacin no es efectiva Capacitacin
5. Recursos financieros de las instituciones pblicasRecursos financieros
6. El sector privado no confa en el sector pblicoConfianza en el sector pblico
7. Mxico no produce su propia tecnologaCreacin de tecnologa
8. Falta visin para las polticas pblicas a largo plazoVisin a largo plazo
Legislacin y control
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ANNEX 3: TOOL FOR CROSS-IMPACT MATRIX
Mexican institutions are starting to gain strength through internal development and, in a
lesser extent, through private external aid. Police and security institutions are shifting from
a reactive nature to a strategic one. The lack of personnel for public security functions is a
problem that is being addressed through higher incomes and a career model for
corruption, a problem with deep roots throughout Mexican history. Numerous training
programs have been developed with domestic and international resources to achieve a
more professional police. In financial matters, a great number of resources have been
allocated to develop the public security dimension in Mexico since this is considered a
priority. The population and private sectors confidence in public security is rising. The
Mexican institutions have begun to develop their own technologies and implementing a
long-term vision.
The Private Security Companies with participation in Mexico are strongly coordinated with
public institutions. They share knowledge and function as a compliment for public security.
Their professionalism is significant and they focus their human resources to provide their
services for public or private actors. Although they are helping the institutions in Mexico to
gain access to new technologies and modern programs, their contribution to institutional
development is minimal, as many of their services are contracted to fill gaps in Mexican
needs and do not give a strong foundation for long-term development. Their services are
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well appreciated since they help protect strategic installations, gather intelligence, and run
prison systems.
Private Security Companies are thoroughly revised, the number and competences of each
one of them is clearly defined in legal documents. Everything that comes through
international aid is fully in control of the state and belongs to it. External aid to official
with complete independence from the state to follow it or not. There is a clear legal
framework that limits the activities of foreign participants in internal affairs such as gun
Although there is resilience in some local governments of working with external actors,
there is no real threat to sovereignty of national security. The vulnerability in the local
sector has been diminished through a strong legislation and clear premises. Everything
done between Private Security Companies and local governments need to pass through a
Sovereignty is well-guarded and collaboration with other countries falls under international
law parameters. Mexico may develop dependence on some foreign services since it is not
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1 = casi imposible 2 = poco probable 3 = Evento medianamente probable
4 = Evento probable 5 = Evento muy probable
Probabilidad
Evento Descripcin simple
El desarrollo institucional es una parte integral de las polticas
E1 pblicas
Las empresas privadas de seguridad continan creciendo en
E2 Mxico
Las empresas privadas de seguridad son controladas por un
E3 fuerte marco legal
El gobierno de Mxico es proclive a delegar responsabilidades
E4 a actores externos
Event 1: How probable is that the institutional development in Mexico becomes an integral
part of public policies towards 2020 deeply affecting reactive practices in security areas,
Event 2: What is the probability of PSCs continue their entrance to Mexico towards 2020
through international cooperation with other countries, especially the United States and
Event 3: What is the probability that the legislation in Mexico will be adjusted in order to
better administer private security companies and secure the states responsibility of
Event 4: How probable is that the Mexican government will continue accepting external
actors to delegate responsibilities pertaining public security buy their services to acquire
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Instrucciones: De acuerdo a su opinin, valorar la probabilidad de que un Evento (1,2... ocurra si
el Evento (2,3.) sucede.
La escala de valores a utilizar ser en forma de porcentaje, con un rango del 1% al 100%.
Nota: En caso de considerar que los eventos son independientes, (no tienen relacin de
dependencia) se debe indicar un valor de 6 en la casilla.
Ejemplo:
Cul es la probabilidad de que el Evento 1 ocurra, si el Evento 2, sucede?
Cul es la probabilidad de que el Evento 4 ocurra, si el Evento 3, sucede?
E1 E2 E3 E4
E1 X
E2 X
E3 X
E4 X
La escala de valores a utilizar ser en forma de porcentaje, con un rango del 1% al 100%
Nota: En caso de considerar que los eventos son independientes, (no tienen relacin de
dependencia) se debe indicar un valor de 6 en la casilla.
Ejemplo:
Cul es la probabilidad de que el Evento 1 ocurra, si el Evento 2, no sucede?
Cul es la probabilidad de que el Evento 4 ocurra, si el Evento 3, no sucede?
E1 E2 E3 E4
E1 X
E2 X
E3 X
E4 X
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