The bill being discussed in Costa Rica basically seeks to extinguish the assets of organized crime, but there are those who claim that as proposed, it puts at risk the presumption of innocence of individuals.
The extinction of domain is a concept that in practice refers to seizing or confiscating assets linked to criminal activities, and then transferring them in favor of the State.
Drug trafficking and gangs are the main factors responsible for intentional murders in the most violent countries in the world: Honduras, Belize, El Salvador and Guatemala.
According to a report by the United Nations Office on Drugs and Crime at the United Nations (UNODC), in 2012 Honduras recorded 90.4 killings per 100,000 inhabitants.
An ECLAC study has revealed that companies in Guatemala and El Salvador pay the highest costs because of organized crime in Latin America.
According to data from the Global Competitiveness Index 2012-13, analyzed by the Economic Commission for Latin America and the Caribbean (ECLAC), in its report on safety in the logistics sector in the region, Guatemala has a score of 1.86, on a scale of 1 to 7, regarding the influence of crime and violence in operating costs of enterprises, where 1 is "very much" and 7 means "nothing".
Mexico is currently making headlines worldwide for its drug violence, but the homicide rate in Central America is now higher than that of the Aztec nation.
Like other analysts, Andres Oppenheimer attributes the drama unfolding in Central America to drug trafficking: "Even in Costa Rica, a country that is often called the Switzerland of Latin America because it is an island of peace and prosperity in the region, there is growing anxiety about the rising tide of drug-related violence."
A commission of world leaders is urging an end to the failed war on drugs, and is calling for fundamental reform of global drug prohibition.
In Central America this has been known for some time: The global war on drugs has failed, with devastating consequences for individuals and societies around the world.
Central Americans along with Colombians and Mexicans, of all humans in the world are the group most affected by the consequences of futile war against drugs. Violence is increasing in all countries in the area, and there are already areas where the state has withdrawn leaving the power of criminal cartels to dominate.
Growing crime and violence in Central America not only have an immediate human and social toll, they also pose a tremendous threat to development potential in the region.
Today, it is estimated that these sources of instability may decrease regional Gross Domestic Product (GDP) by 8 percent, once health, institutional, private security, and material expenses are accounted for.
The lack of government capacity and economic power disadvantage compared to the drug industry, has lead to an increase in violence and corruption.
"Using systematic violence and corruption, intimidation and extortion of public officials, the wealthy and powerful criminal groups have been able to weaken police and judicial systems. They often use violence to threaten or punish anonymous complainants. Witnesses in drug-related cases often risk their life and those of their family members. Unless we break the vicious circle of smuggling and corruption, international drug control will never fully succeed."
New regulations in El Salvador to tackle gang violence foster the development of regional measures to control and proscribe local gangs.
In order to prevent gang members from fleeing the country to avoid jail, especially to Guatemala and Honduras, these countries has activated extra security measures at their borders.
Central American Nations should say "NO, THANKS", if results from said "aid" are going to be similar to what's going on in Mexico.
The inclusion of Costa Rica in the U.S. Government's list of the countries most affected by illegal drug trafficking confirmed what Costa Ricans already knew: Drug Trafficking has become a very serious issue.
Costa Rica now joins Guatemala, Honduras, Nicaragua and Panama, who are also included in the list. From Central America, only Belize and El Salvador are still out, but probably will be included soon.
Do these countries have a real chance of stopping drug trafficking, in the context of economies like Guatemala's where the value of the drug economy is double the country's GDP?
In 2007, just 1% of all South American cocaine sold in the USA passed through the region. Now the figure is between 60% and 90%.
While Mexico is the country that makes international headlines for its daily panorama of death and corruption caused by drug traffickers, other nearby countries are also severely affected by the violence. In Honduras 15 people are killed every day from a population of only 7 million.
Organized crime, especially the one related to drug trafficking, recruits its members in young, marginalized populations.
Antonio María Costa, executive director of the United Nations Office on Drugs and Crime (UNODC), stated that “Central America is very vulnerable to organized crime, due to a series of factors which include underdevelopment, large flow of guns and a young population”.