Harmonization of Legislation against Organized Crime in Central America

Abstract

With the expansion of organized crime in Central America, the countries in this continental sub-region have enacted a great deal of internal legislation, and have ratified international treaties at the universal, regional and Central American level, particularly after the United Nations Convention against Transnational Organized Crime took effect in 2000.

This abundance of laws is very positive, and is an expression of these Central American States’ intent to fulfill their supranational obligations and provide security for their inhabitants. However, it is also negative in that it has led to dispersion, dislocation, discrepancies and inaccuracies regarding the prevailing legal regulations, because national laws have been developed with different concepts, structures, approaches, scope and definitions.

Despite these conditions that are adverse to legal harmonization, Central America can move forward with matching its legislation against organized crime. Actually, there already exists an extensive common legal framework in this area, expressed in the fact that most international treaties on Organized Crime have come into force at the universal, regional and subregional levels, ratified by all or most countries

Political will is the common denominator that should mediate all efforts of harmonization and alignment of legislation in Central America; it is essential for proposing steps that are based on a common strategy or program.

DOI: http://dx.doi.org/10.5377/rpsp.v1i2.1359