DEPENDENCY, DEMOCRACY
AND
ORGANISED CRIME
Abstract
The legacy of Dependency came from the
industrialization and underwent through a process of colonization,
decolonization, liberalization and globalization. The process of democratization of the ex-colonies
after the World War II and Post-Cold War brought ample scope for the generation
illicit economy, i.e. the economy that threaten the civility was controlled by
the cartel and syndicates of gangs and mafias.
The origin of Organized crime flourished through the economy of gaming,
drugs and sex under the granted sovereignty to Native American through Indian
Reorganization Act, 1934 that further expanded to the International Sports as
Event towards Recreation than virtue development and thus, the economy of hospitality
flourished around where betting became the tool of extortion and mobilization
of the economy of illicit activities.
These transnational crimes at global network became sovereign under the
shield of SEZ, which is beyond the ambit of National and International
Laws. The transnational crimes are
further being protected by the Criminal Political Network through
non-Institutional support and by corrupting the Institutional system.
The theory of dependency
originates from the Industrialization process, where there was a need of raw
material and the market for the industrial goods that were explored by the
European Traders. The dependency, i.e.
Resources (natural and human) along with market had made the European Traders
to explore the world market and bring its utilities towards the enhancement of
the economy to the European Nations.
The manipulations by the Traders
backed by the imperialistic powers are quite visible even in the era of
Globalistaion, when the Comparative Trade and SEZ Economy are the policies that
co-relates with the imperialistic approach of the Colonial Era.
The British East India Company
was becoming the most important power in India. It held huge amounts of land
almost the entire subcontinent. British law forced India to supply raw materials such
as tea, indigo (a dye), coffee, and cotton. The law also forced Indian
manufacturing out of business.[1]
European nations wanted to
control lands that had raw materials they needed for their industrial
economies. They also wanted to open up markets for the goods they made.
Nationalism fed the drive for empires as well. A nation often felt that gaining
colonies was a measure of its greatness. Racism was another reason. Europeans
thought that they were better than Africans. Finally, Christian missionaries
supported imperialism[2]
The discovery of gold and
diamonds in Africa increased European interest
in the continent. So that they would not fight over the land, European powers
met in Berlin
in 1884~85. They agreed that any nation could claim any part of Africa simply by telling the others and by showing that
it had control of the area. They then moved quickly to grab land. By 1914, only
Liberia and Ethiopia
were independent of European control.
The Europeans began to build plantations where they grew peanuts, palm oil, cocoa, and rubber. They also took important minerals. The Congo produced copper and tin. South Africa had gold and diamonds.[3]
The Europeans began to build plantations where they grew peanuts, palm oil, cocoa, and rubber. They also took important minerals. The Congo produced copper and tin. South Africa had gold and diamonds.[3]
Technology helped them succeed.
Steam engines, railroads, and telegraphs made them able to penetrate deep into Africa and still have contact with the home country
Machine guns gave them a weapon of far greater power than any African peoples
possessed[4]
These are the indicatives that
the dependency was more from the European nations after industrialization
towards mass production and invaded the periphery nations for their resources
(natural and human). The manipulations in the name of International Laws were
towards misguiding the indigenous communities based as independent nation to
captivate their resources towards enhancing the European economy.
Post World War II and Power Gamers
Post World War II and
De-colonization process brought ample changes in the World Political
System. After great devastation, the
process of polarizing the world created two worlds based on ideology, i.e.
communism and liberalism. The Power
gamers of US and USSR
became the World militants to sustain their Power blocs. Subsequently, advocacy towards Democratic
system also became a part of International Relations.
The bipolar system sparked also
prompted a series of conflicts that effected the superpower competition for
influence in a postcolonial world. Proxy wars erupted in the Third World as the
United States and the Soviet Union “fought in many regions and over many
decades” to establish tacit spheres of influence (Frieden, Lake, and Schultz
2010, 28). Their competition fueled repeated outbreaks of violence in the
Middle East and South Asia as well as U.S.
interventions in Latin America and elsewhere
(Westad 2007). It also led to large-scale wars in Korea
and Vietnam.
As in the case of major-power disputes, these conflicts pitted non-democracies
against each other.[5]
The destruction of the economy
and population in the Europe gave the rise of power under the doctrine of
Ideology further destroyed those nations that were not part of World War II by
the Colonial Rulers. Thus, the World
divided into two Worlds based on Conflict theory to facilitate Wars of
Ideologies.
As a result, the bipolar system
created a conflict pattern that was orthogonal to democratic-peace theory yet
nonetheless seems very likely to have contributed to its empirical success. The
Russian state that emerged after 1991 was neither willing nor able to engage in
these proxy wars. As such, the post-Cold War world seemed likely to generate a
more uniform distribution of disputes across dyad types than had its
predecessor. The waning of the East-West conflict also seemed likely to weaken
the bonds that had held many postwar alliances together.[6]
Finally, the Soviet implosion led
to a precipitous decline in the appeal of state-dominated polities and markets,
opening “the door to democratic transitions in Eastern Europe and parts of
Central Asia” and reinforcing changes occurring both in Latin
America and elsewhere (Walt 2005, 54)[7].
The process of decolonization
underwent by attaining the freedom of ex-colonies under the doctrine of
Constitution and pattern of parliamentary democracy, which is British
Intellectual Property towards the continuity of the legacy of British
imperialism through Leased Governance System.
Further the need of resources of bio-diversities and minerals created a
new International Strategies of providing funds in the form of Aid to the
nations towards the development and infrastructure building and also inviting
migration to the European Nations as Diaspora communities. These Diaspora communities were further used
to create a local chaos or indigenous conflict by funding the cultural bodies
or locals.
An absolute charity between
governments without any expectations whatsoever was an insult from the giver to
the receiver. It was like feeding a stray hungry dog. Nobody expected the stray
hungry dog to render reciprocal service necessarily. But governments of human
societies should be called upon to render some kind of reciprocal services
provided those services are compatible with democracy and sovereignty.[8]
The dependency on the foreign aid
was a new pattern of colonization under the democratic process that further
paved the way of Non-governmental Institutions, which were based on donation
from the International Agencies and Non-Government Actors and independent from
the National accountability.
The do-not’s motives for giving
foreign aid, are usually political; the recipient’s motives for seeking or
receiving foreign aid are usually economic. That is the first asymmetry in
development cooperation. The giver seeks
political satisfaction; the receiver may be in economic need.[9]
The motives of the recipient in
seeking or accepting foreign aid are not difficult to follow. There is
perceived economic need, and there is sometimes economic greed. Governments
seldom reject extra revenue — unless conditions for the extra money are truly
insupportable.[10]
On the whole, there is nothing
complex about readiness to receive foreign aid. It is an inclination which is
almost natural. But readiness to give foreign aid is a more fascinating human
phenomenon. Why do some countries tax their own citizens in order to help or
influence the citizens of other societies? Why have Scandinavian governments
taxed their own people to help my people in Eastern Africa?
What cultural, moral and political forces have been at work in this field of
development cooperation?[11]
Foreign Aid became the tool of International
Relations which gradually made many nations into debt to the International
Funding Agencies and subsequently in the post-Cold War the periphery nation
surrendered Economic policies from the State Control to the liberal economy. The
Liberal economy without accountability was the first step towards economic
frauds and structural crimes since the State became limited. The absence of
vigilance and governance on the Economy created many opening for counterfeit /
adulterated products, piracy, smuggling, trafficking for sex and forced labour
along with the trade of violence.
Even after the World War II, there was in no way
the colonies though attained freedom, but could not remain sovereign since the
policies were always controlled by the Western powers either through
appeasement of help or deception of surrender of resources.
Prior to the World War II, the imperialistic
powers were somewhat accountable to the population of the colonies, but the
post-colonial era, the colonies were taken over as Dependency, either through
war of ideologies by Intellectual colonization or appeasement through aids or
control of Economic policies through the World Economic Forums. In a way, there
was a Political threat or Economic dependency the nations have to choose, so
surrendering the economy, i.e. market, resources and policies were the buying
peace process.
End of Cold War and Expansion of
Democracy through Liberal Economy
In the World Politics, the major
turning point was the end of Cold War with the disintegration of USSR.
A new world has emerged under the leadership of the USA which created ample scope of
liberal economy and global movement through licit and illicit migration. These
licit and illicit migration paved way towards the licit and illicit economy
which was running parallel to each other.
An analysis by Freedom House
shows that there was not a single liberal democracy with universal suffrage in
the world in 1900, but that in 2000, 120 of the world's 192 nations, or 62%
were such democracies. They count 25 nations, or 13% of the world's nations
with "restricted democratic practices" in 1900 and 16, or 8% of the
world's nations today.[12]
The end of the Cold War in the
early 1990s has had a dual impact on international relations. On the one hand,
the Soviet military withdrawal from Eastern Europe and the Third World brought
an end to the Cold War, allowed democratization to proceed in many states
previously ruled by Marxist dictatorships, and led to significant progress in
resolving several Third World conflicts that
had become prolonged during the Cold War. The reduction in East-West tension
also resulted in a great decrease in inter-state conflicts, some of which
occurred due to the superpower ideological rivalry during the Cold War. Even it
became fashionable to argue that force, used here as military power, has run
its course in international politics. And it is true that defense budgets in
many parts of the world radically decreased (See, for example, United States,
Government Accountability Office, 2008). This trend, despite very few contrary
examples (for instance China),
appears to holding.[13]
On the other hand, however, it
would be rather unwise to argue that the world is now at peace. The collapse of
the “Soviet Empire” was followed by the emergence, or re-emergence, of many
serious conflicts in several areas that had been relatively quiescent during
the Cold War. Some of these new conflicts have been taking place within the
former Soviet Union, such as the war between Armenia
and Azerbaijan over
Nagorno-Karabakh, and the fighting in Chechnya. But some conflicts also
erupted or intensified in several countries outside of it and many Third World
conflicts in which the superpowers were not deeply involved during the Cold War
have persisted after it, like the secessionist movements in India, Sri Lanka,
and Sudan.
Ethnopolitical conflicts aside, there have been other threats to international
order that are, indeed, beyond the full control of major powers, even the
United States, the victor of the Cold War. The most notable ones include
religious militancy, terrorism, North-South conflict, and severe competition
over scarce resources. Thus, the end of the Cold War can be said to have
brought about both stability and instability to international relations.[14]
A large number of studies show that militarized interstate
disputes (MIDs) rarely occur between democratic states after World War II
(e.g., Bremer 1993; Huth and Allee 2002, 2003; Maoz and Russett 1993; Oneal and
Russett 1997, 1999a, 1999b; Rousseau et al. 1996).
Although the ending of the Cold
War clearly increased the willingness of governments to work through the United
Nations and other international channels to resolve conflicts and keep peace
around the globe, several new threats have emerged in the post-Cold War era
that are, indeed, beyond the full control of nation-states, even major powers.
One of the greatest threats, in this regard, is the prevalence of
intra-national conflicts, conflicts occurring within the borders of states.
These are mostly ethnically-driven conflicts over self-determination,
succession or political dominance. Until the end of the Cold War, the
conventional wisdom in the world was that ethnicity and nationalism were
outdated concepts and largely resolved problems. On both sides of the Cold War,
the trend seemed to indicate that the world was moving toward internationalism
rather than nationalism. As a result of the threat of nuclear warfare, great
emphasis on democracy and human rights, economic interdependence, and gradual
acceptance of universal ideologies, it became fashionable to speak of the
demise of ethnic and nationalist movements.[15]
These new form of violence in the tune of
ideology of faith, separatism, identity conflict and tribal conflicts was an
outcome of democratic process. The reason behind the conflicts is mainly that
the democratic process is based on the Western governance system that has
homogeneous flair and applicable to the industrial
outfit, but the other part of the world that consist of tribal communities and
diversified culture to bring them in a democratic system of Universal Laws was
the basic conflict between the State and communities. The Constitution based on
the Western understanding brought constitutional obligation for the Nation
brought cultural oppression and conflict within the State-system. The basic
difference that led to the internal conflicts between the communities in
Africa, Asia, Middle-east and Latin America
were based on culture that was oppressed in the democratic system value based
on individualistic liberty and not the community accountability system. This
makes the cultural conflicts in the democratic system or in other words, it can
be termed that Democracy creates intra-communities conflict or a conflict
against State; hence Democracy is based on conflict theory.
The post-Cold War that was based on Ideology
brought a structural change under the obligation of the Funding agencies to
liberalize the economy from the State-control. The funding aid to the
under-developed nations also known as peripheries under the dependency theory
had to compromise the economic policies in tune of the aide and loans they have
taken towards rebuilding their nations under the democratic system.
The restrictive policy on the Economy by the
state has given a huge scope of illicit economy and financial frauds. The
absence of vigilance and accountability in tune of liberal economy has paved
the way to the mafia that was mainly into adulteration and extortion along with
betting and gambling. Betting and Gambling were making its way as an economy
under the recreation which was affiliated with sex and drugs. Thus, the Casinos became the coordinators of the illicit economy in
tune of liberalization and the State was not required to make it restrictive as
a liberal policy.
The Liberal Economy has pursued huge
International Relations in terms of Migration, whether it is legal or illegal.
The human resources from the periphery nations moved to the Industrial nations
towards jobs. This further created a fabric of intermediates that became link
between the Economy and Human Resources. This created Diaspora communities in the Core nations which became a destination of illegal and
legal migration. This further influenced the democratic system in the core
nations that created a debate on Cultural Rights. Hence, this created two
Nation theories within the State, i.e. the habitats and the Diaspora
communities.
Native Americans - the Origin of
Organised Crime
The division of community within
the State-system under the democratic system alienated the Tribal communities
who could not assimilate with the mainstream society. Moreover, the Tribal Criminal Act (1871)[16]
of the British imperialism brought to an understanding that the tribal
populations are para-communities and always a threat to the mainstream
societies due to their backwardness and ignorance. In the Indian context, here are 313 Nomadic
Tribes and 198 Denotified tribes of India, yet the legacy of the Act
continues to haunt the majority of 60 million people belonging to these tribes,
especially as their notification over a century ago has meant not just
alienation and stereotyping by the police and the media, but also economic
hardships. A large number of them can still only subscribe to a slightly
altered label, "Vimukta jaatis or the Ex-Criminal Tribes”.[17]
The reason of tagging the tribal
with the Criminal Act on the imperial perspective is that though ostensibly the
law was created to bring into account groups like the Thugs which were
successfully tackled in previous decades, and give the authorities better means
to tackle the menace of 'professional criminals', many scholars believe,
however, that this was also done due to their participation in the revolt of
1857, and many tribal chiefs were labelled traitors and caused constant trouble
to the authorities through their frequent acts of rebellion.[18]
The similar approach was taken
while framing the American constitution about the Native Americans and their
placement that barred them to be the citizen of America.
The United States Constitution specifically
mentions the relationship between the United States federal government
and Native American tribes three times[19]:
- Article I, Section 2, Clause 3 states that "Representatives and direct Taxes shall be apportioned among the several States ... excluding Indians not taxed." According to Storey's Commentary on the US Constitution, "There were Indians, also, in several, and probably in most, of the states at that period, who were not treated as citizens, and yet, who did not form a part of independent communities or tribes, exercising general sovereignty and powers of government within the boundaries of the states."
- Article I, Section 8 of the Constitution states that “Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes”, determining that Indian tribes were separate from the federal government, the states, and foreign nations; and
- The Fourteenth Amendment, Section 2 amends the apportionment of representatives in Article I, Section 2 above.
From the era of Chief Justice John Marshall through the
time of Justice Thurgood Marshall, the Supreme Court has struggled to define
the doctrine of American Indian tribal sovereignty. Tribal sovereignty is not
simply an abstract legal concept; it is part of the military, social, and
economic development of our country.[20]
Hence, the comparative understanding of the tribal
community under the imperialistic approach has remained alienated from the main
stream society. Various acts such as
Forest Act, Land Acquisition Act remained oppressive against the tribal
communities and that made them deprivation of dignified survival and generating
economies within their socio-economic capacities. When the survival is challenged then it is
comprises to criminality. That is the
why the Native Americans are the first Origin of Organised Crime that
facilitated the sex market of the migrated communities. This further made the Native Americans to
take recreation[21][22]
as the means for survival. Less publicized has been the finding that America
is not only a destination for the commercial trade in human beings, but also a
point of origin.[23] The sexual subjugation of women of color has
been (and continues to be) a product of the European and American colonization
projects.[24]
The Indian Reorganization Act of
June 18, 1934, equip American Indians to re-establish sovereignty and
self-government, to reduce the losses of reservation lands, and establish ways
for Indians to build economic self-sufficiency[25]. This indicates that the sovereignty of the
Native Americans enjoys the immunity from accountability to the Federal Laws
towards the Organized Crime through gaming, drugs and sex and protect their
economy through violence and further provides them as Sovereign state of Native
Americans in the United States.
Liberal Economy and Mushroom Gambling in
Core Nations
The liberal economy beyond
accountability brought the Traditional Indian gaming into professional Casino
which was the hub of gambling, sex and drugs as a tool of recreation. This
paved way to the enormous illicit migration from all parts of the World towards
the expansion of the gang activities while US became the destination of the
mafias which gradually became syndicate and cartel system.
The impact of Liberal Economy in
the Core and the Periphery nations are different in its character. US being in the colonial legacy followed the
imperialistic approach of British system, where indigenous communities were
alienated from the civility. These
communities lost their land and traditional economy and often remain displaced
as similar to other colonies in the rest of the world.
Historically, recreation was part
of human life, but the economy of recreation was separate from the livelihood
that was based on production and services.
That is why those who survived from the economy of recreation are always
treated as para-communities since its survival was from the channelised of the
economy of the mainstream society.
Recreations are crucial that gives relaxation and encourage creativity,
but the balance between recreation and activism is crucial.
Due to control of economy by the
migrated societies in United
State, the economy
through recreation became the only means for the survival for the Native
Americans. The tradition gaming, which
was part of their indigenous culture became their mainstream economy and
further flourished with the influence of the European culture.
Gaming certainly
isn’t new to Native Americans. In fact, it’s been part of culture since the
beginning of time. The Chumash people had two types of games: games that
required skill to play and games of chance. Our ancestors often gambled on the
outcome of the games. Each village had a special area, called malamtepupi, where games were played.[26]
In the United States, many states are
grappling with high unemployment and budget deficits and are now turning to
legalizing casinos, often in places that are not tourist destinations. Some
casinos are also known for hosting live entertainment events, such as stand-up
comedy, concerts, and sporting events.[27]
The distinction between gambling
by skill and gambling as chance created two parameters of the recreation
economy. Gambling by chance increase an
attribute of risk taking, which is essential attribute towards progress,
whereas, the gambling through skill leads a practice and expertise. In a way gambling does contribute in the
society towards skill development and abilities to take risk.
While gaming is essential part of
human development, but what goes wrong is the expansion of its activities to
sustain its clientele. Since the Native American attained the sovereignty
towards economic self-sufficient, the intrusion of drugs and sex was a parallel
economy to facilitate the clientele towards hospitality. The immunity from the Federal Laws due to the
Indian Reorganization Act of June 18, 1934, of the Native American, it invaded
the regime of American Citizens as a market for Gambling, Sex and Drugs.
The weak sociology amongst the
migratory communities in the United
States compels them to become the consumer
of the recreation industries of gambling, sex and drugs. Thus, US becomes the
market of the consumers of drugs and sex which further leads to destruction of
reasoning and brings them into the fabric of Crime of theft, forgery, loot,
violence and contract killing, hence all the Crimes that generates from the Act
of 1934 provides the Tribal communities from the Federal Laws and generates
economy from the American population or tourism.
Whereas, in the region of
Periphery nations of indigenous communities and former colonies, the policy
imposed for structural Adjustment Programme brought liberal economy beyond any
planning and the vigilance radar of the State and hence it brought two aspects
of facilitator of illicit economy nationally and internationally.
Firstly, there was huge quantum of intra-state
migrations from rural to cities and cities to urban regions. Further, a
systematic movement towards the coastal
lands that proliferated smuggling. The rising movement from the intra-state,
the pattern of economy also changed. The adulteration and the counterfeit
economy created its market. The illicit economy of piracy and smuggling and
also trafficking of drugs and arms blossomed during liberalization. Further,
the rise of gangs towards the extortion from the population surviving on
illicit economy or the liberated economy where government was not keeping its
vigilance or accountability either on the economy or on the population
surviving on illicit economy was towards the formation of Organised Crime. The
inflows of migration have created a demand for
sex trade that was also proliferating for the drugs.
Secondly, the tribal communities of the
peripheries nations got involved in the illegal opium production due to their
geographical benefits towards the economy of drugs. To protect them, the war of
ideology such as Naxalism or Maoism was a face of these illegal economies. This
makes peripheries nations as land of origin.
The international relations, i.e. North-South
divide to facilitate the economy of drugs were accordingly to the drugs trade
route. The liquidity of the borders' security
were mainly to make an easy route towards the trafficking of drugs that further
facilitated human trafficking and arms smuggling.
SAP and emergence of Cartel System and
Transnational Crimes
The Structural Adjustment
Programme in the Global Policy for the Third World has opened a huge scope of
industries beyond the ambit of State Control and vigilance that paved the ways
for the counterfeit produce and piracy along with open market for financial
frauds through privatization of the financial markets and Share trading initially
for local consumption and gradually spread their market of parallel economy in
the Global market which became a threat to the Brands.
The traditional organized crime groups are the groups that have
continuity across crimes and over time, that engage in multiple criminal
enterprises, that employ violence and corruption, and that usually have
hierarchical structures.[28]
The sovereignty of the American
Native through IRA, 1934 gave them autonomy without accountability in the
liberal economy which was generated through gambling, toxic and hospitality
which was a destination for all the illicit channels of the World.
Nationwide, 237 Indian tribes in 28 states use Indian
gaming to create new jobs, fund essential government services and rebuild
communities. In 2009, tribal governments generated:[29]
• $26.2 Billion in gross revenue from Indian gaming
(before wages, operating expenses, cost of goods and services, capital costs,
etc. are paid)1
• $3.2 Billion in gross revenue from related hospitality
and entertainment services (resorts, hotels,
restaurants, golf, entertainment complexes, and travel
centers, etc.)
• 628,000 jobs nationwide for American Indians and our
neighbors (direct and indirect jobs created by Indian gaming’s economic
multiplier effect)
• $9.4 Billion in Federal taxes and revenue savings
(including employer and employee social security taxes, income taxes, excise
taxes, and savings on unemployment and welfare payments)
• $2.4 Billion in state taxes, revenue sharing, and
regulatory payments (including state income, sales and excise taxes, regulatory
payments and revenue sharing pursuant to Tribal-State compacts)
The capital accumulation from the economy of crime that
extort by destroying the society further leads to invasion to economy through
Share-trading and Political control through democratic system as fund-raisers
toward contesting election.
The
main link between the Land of Origin and Land
of Destination is human
trafficking that facilitates the consumerism of drugs and sex. The casinos provide the platform that binds
all the crimes in tune of gambling which provide them protection under the
sovereignty that is provided by the Federal system to the Native Americans.
The
original population of the Native American who were the actual beneficiaries of
Act of 1934 was not that in number that could facilitate the market of
consumerism of recreation. It was
essential for them to provide a support of various ethnics to capture the market
of multi-ethnic society of the United
States.
The illegal migrations from the various parts of the world were to
facilitate the economy of gaming of the Native Americans.
Even though tens of thousands of Chinese men and women are
being smuggled abroad every year, and the arrival of large numbers of undocumented
Chinese laborers or sex workers is a major concern in many countries (Smith
1997, Kwong 1997, Emerton 2001, Brazil 2004), Chinese authorities do not
consider this to be a major problem or view it as an organized crime problem.
Some Chinese officials would even say that this is not a Chinese problem
because most snakeheads (human smugglers) are Chinese-Americans (Chin 1999).
Local authorities recounted to us the many benefits of having a large number of
their own people working abroad and sending money home. Indeed, we observed
considerable new housing development outside Fuzhou,
which development is being fueled by monies allegedly sent home by illegal
workers in the United States.[30]
The human trafficking benefit the land of origin since
they are able to get away from those populations with less productivity and
also it benefit while they send money home.
It is exporting labour that in turn they get money to their
homeland. It is not just with China,
but all those periphery nations that export labour to the illicit economy.
Many
influential gangsters in Taiwan
are now chief executive officers of major business conglomerates, and they are
heavily involved in the businesses of bid-rigging, waste disposal,
construction, cable television networks, telecommunications, stock trading, and
entertainment. Since the mid-1980s, many crime figures, to protect themselves
from police crackdowns, ran for public office and it is estimated that today
one-third of the elected deputies in Taiwan are current or former
gangsters.[31]
Besides heijin, Taiwanese authorities are also concerned
with “traditional” organized crime activities such as gambling, prostitution,
loan sharking, debt-collection, extortion, and gang violence. Kidnapping for
ransom is also a major concern for the authorities in Taiwan because influential and wealthy figures
are often targeted and, as a result, a large number of Taiwanese entrepreneurs
have left Taiwan
for a safe haven abroad. It should be noted that none of these activities of
major concern are of a transnational nature.[32]
As a major transportation and financial center of Asia and a
transit point in and out of China,
Hong Kong has been a hub for transnational
organized crime activities for the past thirty years.[33]
The Macau administration relies heavily on taxes from the gambling
industry, and prostitution is considered to be an important component to its
gambling industry, Macau authorities are
reluctant to crack down on crime groups active in gambling and prostitution.[34]
In Japan,
the most serious organized crime problems are almost always related to the
notorious Japanese organized crime groups – the yakuza (Hill 2003, Kaplan and
Dubro 2003). Japanese authorities are mostly concerned with the yakuza’s
involvement in gambling, prostitution, amphetamine trafficking, and the
victimization of legitimate businesses.[35]
Because
of its wealth and the spending power of Japanese businessmen, Japan has become a major destination country for
sex workers from Thailand,
the Philippines, Colombia, China,
Korea,
and several other countries (Human Rights Watch 2000, Santos 2002).[36]
The illicit side of the global economy includes the trade
in prohibited commodities (such as heroin and cocaine), the smuggling of legal
commodities (such as cigarettes) to circumvent sanctions and embargoes or to
evade taxes, the black market in stolen commodities (most notably intellectual
property theft), the clandestine movement of people (migrants, sex workers),
the trafficking of endangered species and animal parts (such as ivory), and the
laundering of money generated by these and other illicit activities. Some of
these transnational flows are little more than a law enforcement nuisance
(cross border vehicle theft), but others receive intense policy attention and
media scrutiny (drug trafficking and migrant smuggling), and still others have
serious environmental consequences (the illicit trade in toxic waste) and
security implications (sanctions busting and arms trafficking). The circulation of the illicit economy
created its space towards legitimizing its money while investing in Shares
Trading and hence invaded the licit business sectors. Secondly, they penetrated the political
affiliation through fund raising and finally and international collaboration of
the organized crime groups and strengthening its network.[37]
There are several reasons why one
might object to treating transnational criminal organisations (TCOs) as an
international security problem: they are economic rather than political
organisations; they do not pose the same kinds of overt or obvious challenges
to states as do terrorist organisations; crime is a domestic problem; and law
enforcement and national security are based on very different philosophies,
organisational structures and legal frameworks. The contention of this article,
however, is that TCOs pose serious threats to both national and international
security, and are extremely resistant to efforts to contain, disrupt or destroy
them.[38]
Transnational Criminal Organisation is economy and regime
of human resources through trafficking where the trafficked populations are
deprived of human rights due to its illegal movement. These labour forces whether from drugs and
sex trade or forced labour for the hazardous industries facilitates those
legitimize business houses who are the beneficiaries from the capital of
Organised Crime.
The emergence of TCOs is partly a result of underlying
changes in global politics and economics, which have been conducive to the
development of all transnational organisations. The emergence and development
of the “global village” in the second half of the twentieth century has
fundamentally changed the context in which both legitimate and illegitimate
businesses operate. This has, moreover, created unprecedented opportunities for
international criminal activity. Increased
interdependence between nations, the case of international travel and
communications, the permeability of national
boundaries, and the globalisation of international
financial networks have facilitated the emergence of what is, in effect, a
single global market for both licit and illicit commodities. There has been a
vast increase in transnational activity—the movement of information, money,
physical objects, people, and other tangible or intangible items across state
boundaries—in which at least one of the actors involved in the transaction is
non-governmental.[39]
Just as the modern industrial economy and the rise of mass
consumer markets encouraged the growth of organised crime in the US, so
growing opportunities for transnational activities have facilitated the growth
of TCOs. Not only is transnational activity as open to criminal groups as it is
to legitimate multinational corporations, but the character of criminal
organisations also makes them particularly suited to exploit these new
opportunities. Since criminal groups are used to operating outside the rules,
norms and laws of domestic jurisdictions, they have few qualms about crossing
national boundaries
illegally. In many respects, therefore, TCOs are transnational
organizations par excellence. They operate outside the existing
structures of authority and power in world politics and have developed
sophisticated strategies for circumventing law enforcement in individual states
and in the global community of states.[40]
The Structural Adjustment Programme as a global policy
towards the third world nations was primarily to open a transition of human
resources towards the facilitation of the gaming and hospitality
industries. The propping up of the
cartel with the multiple criminal activities and it’s networking in the pattern
of feudalism creates a challenge towards combating the Organised Crime, since
these cartels provide huge funds towards the political affiliation in the
Democratic System and enjoy the immunities through corruption and power game.
Globalisation and Feudalism of Market
The loss of brands in the hand of
counterfeit products pushed them to get global in tune of low labour cost along
with capturing and expansion of the market through Global Economic Policy under
Dependency Theory, which further facilitated transnational crimes in tune of
mass production, distribution and consumption of sex, drugs and violence along
with periphery crimes. Further, the
feudalism is based on Consumers, Production and Human Resources. The fabric of lobbyists decides the
distribution, vendor development and human resources. The national policies are manipulated by
these lobbyists and functions as chief coordinators amongst the Conglomerates,
NGOs, Media and Political communities.
The theory of dependency and its
relationship with Core, Semi-periphery and periphery relations has brought a
feudalism of the resources and market in the era of Globalization. Further the market and manufacturing zones
are designed in such a way that it fills the requirement of two classes, i.e.
elite and non-elites by the imperialistic powers. This destroys the local economies and the
consumers become the receivers of the global produces, which is homogeneous in
nature and compromises the choice in the era of consumerism.
The rise of consumerism of counterfeit products is mainly
when there is a control of Market through brands along with piracy of the
traditional knowledge of the periphery nations by the global conglomerates and
disbanding the indigenous rights on their original traditional knowledge and
especially in the case of pharmacy.
It is apparent that counterfeit and pirated products are
being sold in virtually all economies. The levels appear to be higher in
economies where informal, open-air markets predominate. However, consumption
patterns vary. The Middle East, for
example, is a principal market for counterfeit automotive parts with
significant volumes of counterfeits also consumed in Europe and North America. Consumption of counterfeit tobacco products
seems more widespread, with developing economies in Latin America, Africa and Asia seeming to have relatively high levels. Effective
controls on the distribution of pharmaceutical products have sharply
limited the distribution of counterfeit products in many economies. There are,
however, serious problems with substandard counterfeit medicines in some
economies, notably in Africa. Problems with
counterfeit medicines are also evident in Europe and North
America, with a significant number of seizures reported.
Counterfeit electrical components, food and beverages and toiletries
and household products are similarly appearing in markets worldwide, with
Africa, Asia and Latin America frequently
mentioned as key regional markets. Piracy of music, movies and software
appears to be significant in all economies.[41]
The branded products with its high tag consumers market
through publicity do create an aspiration for the masses to buy the product or
create a demand, but due to it’s unaffordable or unavailability creates a
market for counterfeit produces. The
piracies of the DVDs, etc., do capture the market of non-elites due to its high
price tag. In fact, the feudalism of
market of entertainment or the IPRs of the branded goods do encourage the
replica of the produces. But these
produces are nothing but the indigenous economy for the domestic market or the
export of non-elites world consumer market which reaches them through
smuggling.
Counterfeit and pirated products are being produced and
consumed in virtually all economies, with Asia
emerging as the single largest producing region. In recent years there has been
an alarming expansion of the types of products being infringed, from luxury
items (such as deluxe watches and designer clothing), to items that have an
impact on personal health and safety (such as pharmaceutical products, food and
drink, medical equipment, personal care items, toys, tobacco and automotive
parts).[42]
The availability of technologies and state of art creates
a parallel market. The market for the
technologies creates an expansion of the production range. It might be termed as counterfeit or replica
or indigenous production for the non-elite consumers. The divide between rich and non-rich has
distributed the consumer behaviors of choice and affordability. The globalization if created a market for
the branded products in the world market, so the indigenous economies have
availed the scope of the created market for the non-branded or counterfeit /
replica products, which is meant for non-elites consumers in the other parts of
the world.
Counterfeiting and piracy are longstanding problems which
are growing in scope and magnitude. They are of concern to governments because
of (i) the negative impact that they can have on innovation, (ii) the
threat they pose to the welfare of consumers and (iii) the substantial
resources that they channel to criminal networks, organised crime and other
groups that disrupt and corrupt society.[43]
The conflict between Global
Economy and the indigenous economy compels them to intersect each other than
complementing to them. The intrusion of
Transnational Companies and creating a global conglomerate destroyed the local
industries through manipulation of the national policies with the help of
lobbyists and manipulating the government through corruption. Though this benefited a small population in
wages, but in a largest context, there was fall of the national economies. The substitute economy which was ignored by
the government and hence, the mafia controlled the economy of piracy and
counterfeit products. Certainly, when
the economy is based on replica, then it challenges to both of the indigenous
innovators and the global innovators.
The adulteration or the fake produces victimizes the consumers since the
absence of choice between unaffordable Brands and the replica or the
adulterated goods. Finally, the absence
of government vigilance in tune of liberal economy and the characteristic of
counterfeit products, the economy is controlled through extortion in tune of
protection money.
Counterfeit and pirated products, previously largely
distributed through informal markets, are infiltrating legitimate supply
chains, with products now appearing on the shelves of established shops.
Internationally, free trade zones, which are areas where international traders
can store, assemble and manufacture products that are moving across borders
with minimal regulation, are of increasing concern. Passing merchandise through
such zones provides opportunities for parties to “sanitise” shipping documents
in ways that disguise their original point of manufacture. They also allow
parties to essentially establish distribution centres for counterfeit and
pirated goods, with little or no IPR-related enforcement actions being taken.
Within the zones, goods can be repackaged with counterfeit trademarks, prior to
being exported to other economies, and place of origin can be falsified to
reduce enforcement scrutiny at their destination.[44]
The consumption of the pirated or counterfeit goods is
well protected in the informal markets.
The purchasing cultures of Asian or African nations are different from
the European nations, which is feudal in nature. The tribal culture of the population in Asia
and Africa promote informal market and thus,
become the market of pirated or counterfeit products. The free port support the transition of the
piracy or counterfeit products to facilitate the market where they are unable
to fill the demand and hence China become the premier of these products and
captured the market of counterfeit product.
This makes China
a big economic challenge to the economy of Brands of the Western nations.
The high profitability of many
counterfeiting and piracy activities which in some cases exceeds the “profitability”
of illegal drug trades, low risk of detection and relatively light penalties
have provided counterfeiters and pirates with an attractive environment for the
illegal activities. The groups involved in counterfeiting and piracy include
mafias in Europe and the Americas
and Asian “triads”, which are also involved in heroin trafficking,
prostitution, gambling, extortion, money laundering and human trafficking. To
address the situation, Interpol created an Intellectual Property Crime Action
Group in July 2002, to help combat trans-national and organised intellectual
property (IP) crime by facilitating and supporting cross-border operational
partnerships. Some governments have also established bilateral operational
partnerships in border enforcement and criminal investigations[45].
The benefits of the Counterfeit
products in comparison with the Brands that saves huge investment on the
product development and creation of the market and only follow the channel,
which is already created by the Brands. Since such economies lack the innovation and
creativity, so it is more or less a channel of demand and supply. These channels of demand and supply are
filled with those who are manipulative and instinct of mafias.
In addition to the established
link between counterfeiting and piracy and organised crime, Interpol has
highlighted a disturbing relationship of counterfeiting and piracy with
terrorist financing, with IP crime said to be becoming the preferred method of
financing for a number of terrorist groups.[46]
Piracy and counterfeit products
is a pattern of economy, which is controlled by those who are also benefiting
the economy of drugs, human trafficking and arms smuggling. These piracies follow the same routes the way
other crime activities are done and use the free ports under the SEZ as global
policies.
SEZ and its influence on Transnational
Crime
The economies of the
Transnational Crime was further expanded through SEZ economies which remained
away from the ambit of National and International Laws and created an open
space towards smuggling and trafficking through privatizing of ports. This further paved the way towards Global
Finance system under offshore banking and equipped with the parallel state
system of security and communication.
The Special Economic Zones (SEZ) are specifically
delineated enclaves treated as foreign territory for the
purpose of industrial, service and trade operations, with relaxation in customs
duties and tariffs and a more liberal regime in respect of other levies, foreign
investments and other transactions. Domestic restrictions and infrastructure
inadequacies would be removed in the Special Economic Zones to create an
internationally benchmarked environment for business transactions and
operations.[47]
SEZ as treated as foreign land
within the national boundaries, whether it touches the coastal land or the
territories of the mines and minerals, this facilitates SEZ to captivate the
major economy of the Nation which enjoys tax exemption and also national laws. This characteristic of the SEZ makes the
region of migrants and crime prone zones since the zone enjoys the immunity of
the National Laws and International Laws.
SEZ are the land of migrants since the expertise of skill, semi-skilled
and unskilled labours are imported in the zone to fill the requirement of human
resources.
For example, economic development in Shenzhen Special
Economic Zone (SEZ) and many coastal cities attracted millions of rural
migrants from all over China.
The emerging market economy created a market for protection and corruption.
Shenzhen was a focal point of Hong Kong and
Taiwanese triads because of a demand for illicit services, and drug smuggling
(Broadhurst and Lee 2009).
SEZ attracts huge infrastructural developments which
encourage real estate development for the migratory communities. Since the migratory communities in the SEZ do
not have social bonding, hence their recreation remains again through gaming
that encourages casino or pub culture, which is further facilitated by sex and
drugs. This further raises violence and
a stream of illicit economy. Human
trafficking become the hub of these zones since it facilitate the forced labour
not just to SEZ economy, but also to the economy of recreation, which is a
complementary economy to SEZ.
Triads have been regarded by some
authorities as participating in a worldwide crime network that uses connections
among overseas Chinese to undertake transnational crime such as drug and human
trafficking. Fears that HK triads would re-establish abroad en masse with the
return of Chinese sovereignty in 1997 appear not to have materialised despite
alarmist predictions. However,
significant triad-related capital and capacity where thought to have reached
among others Toronto, Vancouver, Sydney and Los Angeles that enabled such
groups to hedge risk and transfer resources. Market reforms initially in
Shenzhen SEZ in the 1980s and later elsewhere in China provided more attractive
opportunities and lower costs
for criminal enterprise.[48]
SEZ as a foreign land within the
national boundaries have the international network, so the organized crimes of
smuggling and human trafficking also have the international network. It moves parallel to SEZ economy and hence
choose the same route towards the fulfilling of the demand and supply of the
illicit economy. The biggest support to
these transnational crimes are inadequacies of the effective transportation
system[49]
which is substituted by the manual labour which are based on contract and
sub-contract and hence it remains under the control of labour mafia which
become the regional or global feudal.
International transportation systems have been under
increasing pressures to support the growing demands of international trade and
the globalization of production and consumption. This could not have occurred
without considerable technical improvements permitting to transport larger
quantities of freight and people, and this more quickly and more efficiently.
Since containers and intermodal transportation improve the efficiency of global
distribution, a growing share of general cargo moving globally is
containerized. Consequently,
transportation is often referred as an enabling factor that is not necessarily
the cause of international trade, but a mean over which globalization could not
have occurred without.[50]
The intrusion of the SEZ economy
under the Global Policy started well before the planning of development of the
transportation to suit the SEZ transactions.
The realization to identify the appropriate project managers in the
specialized field of infrastructural development was the primarily work towards
the Global SEZ network. These
professionals were needed to identified that could undertake the turnkey
projects and towards the execution. This
required a specialized professional that is facilitated through global
arrangement.
Further there was a need of
development of the Transport system that could manage the global requirement
and efficiency. This needed a huge
training and specialization in the field of Transport management. Further procuring the appropriate skills to
fulfill the requirement of the efficiency of the global demands remained a
challenge. Thirdly, the development of Transport system and creating vehicle
industries further needs human resources of the expertise in the field.
Ironically, the need for the
training and education to facilitate the requirement of SEZ economy which
enjoys tax exemption and accountability to the National Laws are being
facilitated by the National system to fulfill the aspiration of the education
system that will not benefit the national economy. In that case, though the SEZ economy has
ample opportunities of employment, but the absence of human resources, where as
the National economy there is a scarcity of the employment, but ample human
resources.
In that case, it is evaluated the
transportation system is still under way to facilitate the Global economic
policies to which the illicit economy run by the labours provide an easy scope
of the movement of illicit goods and human.
Another facilitator to the
Transnational Organized syndicates is the offshore banking under the SEZ.
Off-shore banking have an aura of
mystery about it, portrayed by movies as sun-drenched resort islands infested
with international crooks, tax evaders and drug peddlers. 'It's one of the
great ironies in offshore financial circles that the sunniest spots in the
world often afford protection to the shadiest characters.[51]
Offshore banking is all about
providing international financial services such, as international banking,
insurance and trusts to non-resident companies and businesses, and access to a
wide range "of professional services and products to better manage their
finances, reduce taxes and conduct business in an international arena.[52]"
The Union Commerce Minister in his speech announcing the
EXIM Policy for 2002-07 that for the first time, Offshore Banking Units (OBUs)
would be permitted to be set up in SEZs. These units would be virtually foreign
branches of Indian banks but located in India. These OBUs, inter alia,
would be exempt from CRR, SLR and give access to SEZ units and SEZ developers
to international finances at international rates.[53]
This connectivity of the Offshore Banking in SEZ and the
connectivity to the Onshore Banking have led to the distribution of money
towards the money laundering and terror activities along with
anti-social/national activities.
Although the process of money
laundering follows no set procedure, the general stages by which money is
laundered is placement, layering and integration. In the placement stage,
criminal proceeds usually in cash form enter the financial system by some legal
means. This is done by disguising it, that is, by "changing it into
another form of asset", either by depositing the cash in an
account at a deposit-taking financial institution, or by purchasing investment
or securities bonds or property assets. In most cases, money representing
criminal proceeds is transferred to an offshore financial center in the form of
a deposit in numbered accounts as an investment or in satisfaction of the
capital requirements for obtaining a license to operate as an offshore banking
user.[54]
Thus it is concluded that the SEZ
provides a protection to the Human Trafficking, Recreation Industries of sex
and drugs. Facilitate the banking system
and further protect from the National and International accountability. In a way, SEZ gets the protection what the
Native American gets under the Indian Reorganization Act, 1934; hence the
origin of the Organised Crime actually started in US through the legal
protection and attained its sovereignty.
Similarly, the SEZ network also enjoys the sovereignty within the ambit
of National Boundaries.
This sovereignty provides these
region interdependent and act as Core, Semi-Periphery and Periphery zones which
are managed by the Global Mafias. The sovereignty of SEZs from the National and
International accountability does not allow the National and International
Policing to combat organized crime.
International Sports Federations and Betting
System
The role of International Sports
Federations and its autonomy became a dejure face of the mobilizing and
circulating the transaction of the illicit money through sports betting and
fixing. The role of Entertainment and
celebrities played an ample role towards political mobilization through money
laundering towards indigenous conflicts and mobilizing human resources towards
illicit activities.
The increasingly frequent presence of transnational
criminal organisations in instances of corruption in sport is a major concern.
Over the past two decades, these transnational criminal organisations have
moved from regional, strongly family-oriented establishments to international
organisations, diversified in their legal and illegal activities, and modes of
operating. They have taken advantage of changes in regulations, flaws in legal
and judicial systems, the opening-up of borders and the growth of free trade,
all direct consequences of globalisation. They have adapted without any great
difficulty to changes in political regimes, to dictatorships and democracies,
without ever going under - quite the contrary, in fact, which is both unusual
and particularly concerning, specifically from a strategic point of view.[55]
The rise of the criminal organization and invasion towards
the International sports is a legacy of the recreation of gaming and gambling
that was initiated in the US
by American Natives as Tribal Economy.
The expansion of the drugs market needed to move forwards from the
traditional gaming to the International Sports.
The gambling of the sports was towards the betting and hence it became
another tool of economy generation in the name of Sports.
The increase in sports betting throughout the world
represents a windfall for criminal organisations, as explained by Chris Eaton,
Security Director of FIFA: “There
are criminal gangs who are acting like enterprises and transforming betting
into a worldwide problem.”[56]
The economy of betting flourishes only through
manipulation and corruption and not with its genuineness of betting. This manipulation is the strategies of the
criminal organization, whether it is doping or fixing. Secondly, sports betting represent a worldwide
market that is disproportional to the market for doping products, and has grown
considerably in recent years, to the point of constituting what is now a
significant and substantial economic activity. It is estimated that by the end
of 2011, sports betting as a whole was generating bets of close to .€200
billion per year[57]. The induction of drugs in the sports
fraternity through sex earns a huge parallel economy in the tune of
International Sports Events and its periphery economies of hospitality and
tourism.
Sports betting also represents a money-laundering
opportunity for criminal organisations. Noel Pons, a specialist in criminal
organisations and fraud says: “The concentration of a number of money
laundering and fraud resources in a single uncontrollable geographic area
allows criminals to launder money, but more particularly to optimise the
profitability of criminal corruption. It is due to this accumulation of
interests that the criminal fraternity has become widely involved with betting
on the web, which affords them a certain impunity due to betting sites being
located offshore, lack control by the normal authorities (particularly in
relation to money-laundering) and the opportunity to develop lobbying
activities to liberalise the sector, which will be highly profitable for them.”[58]. Modern
sport is not specifically equipped to face up to these powerful and determined
networks, which are interested in the varying opportunities for profit provided
by the sports betting markets.[59]
The control of the Criminal Organizations in the Sport
Fraternity is based on the facilitation of the drug’s money which functions
more as a facilitator to these illicit economies through the network and the
position of the officials hold in the fraternity. The blind eye of the Sport fraternity
remained due to huge contribution from the Sponsorship for the companies that
are the beneficiaries of the illicit economy and corruption at a larger scale.
Corruption at grassroots level is the concrete
manifestation of corruption in sport. Its rules are easy enough to understand:
to rig a match, one needs to corrupt players, because it is they who win or
lose on the field. But it would be unwise to restrict oneself to approaching
individual players only. The process of corruption can also involve other
people who are physically more remote from the pitch, but who are broadly able
to orchestrate corruption in sport.[60]
The networking of the illicit economy of drugs and betting
connects the bottom to the top in the pyramid pattern. The relevance of grassroots corruption is
crucial since the grassroots are further connected with the communities that
are the feeder to the illicit economy of betting and drugs. The aspirant sports person can easily become
prey to the nexus in tune of celebrated sports persons in the league. Further
the promotions and selection of the candidate is more on the basis on the
background and abilities to get involved in the betting racket.
The use of intermediaries specializing in corruption is a
classic approach technique. In most cases, these are ex-players, agents of
players or members of the world of sport who are known in sporting circles, and
have a good reputation. The intermediary will therefore ideally be someone from
the same milieu as the sportspeople to be corrupted, who can reassure them
about the risks they will be running.
These intermediaries are also able to identify players who are weak,
psychologically fragile or in financial difficulties, or possibly at the end of
their careers, who make ideal targets.[61]
Sports life in the field has a limitation and based on
event. Not all those who are the aspirants of the Sports achievement could
reach to the peak. Most of them are left out in the middle. Those who have
devoted their life in the Sports loose other opportunities as means of
survival. That comes when the huge sports aspirants become jobless and becomes
the victims of the illicit activities of fixing and betting network. Sports in
the field are not long-term careers and commentators or coach needs a specific
skill. So, the sportsperson becomes neglected in tune of lack of scope of survival.
This makes huge human resources available for the drugs and sex syndicates.
By the end of the 1990s a large number of online betting
sites had been set up independently of any state control. Profiting from the
growth of the Internet, these sites began to extend their offering to Internet
users across the world, without prior authorisation. According to a study
carried out by Cert-Lexsi, an IT-watch institute, in 200671, 80-90% of
the 10,000 gambling sites present on the Internet have no valid licence. The
formation in just a few years of this uncontrolled virtual market has put
pressure on the various laws that govern betting activities at a national
level.[62]
The rising of betting syndicates or network post-Cold War
during liberalization process in the developing countries was to the rise of
illicit activities of counterfeit products, smuggling and extortion. The biggest bidders in the betting are the
traders mainly of gems and diamonds. The
huge profits that are earned through smuggling are further pushed them towards
betting not out of choice or addiction but towards the extortion and betting is
the tool towards that.
The street networks are made up of many runners, men of
the streets, who take bets from the local population (by telephone or face-to-face)
and transfer them to regional bookmakers who manage the betting finances by
placing bets themselves with supra-regional betting houses operating as small
scale local financial centres. These physical betting markets have now largely
been replaced by Internet sites. And regional bookmakers manage all the bets
and hedge their risk by betting on Asian online sites. These sites have
therefore always been accustomed to accepting very large bets because they are
the amalgamation of thousands of street bets that come through in the form of
one combined bet, which can be exceedingly large.[63]
In 2005, the United Kingdom was one of the first
countries to .“open up the market.”. France waited until May 2010 to
propose regulating the market, and has now authorised 17 operators to market
sports betting on the Internet, the management of physical sports betting
remaining the monopoly of the Francaise des Jeux. Italy and Belgium
also chose to regulate the market, and Spain
and Denmark
are on the point of taking the same route.[64]
Extortion through betting and the violence are parallel to
each other. The syndicates of
entertainment and recreations and the population earn through these are
compelled to be the part of betting economy.
Fixing is just to manipulate the betting so that the results are known
and betters can be cheated.
Thus it indicates the betting and the corruption in the
Sports that are fed by the Global Mafias actually originate with US Indian
Reorganization Act, 1934 that provides sovereign to the Recreation of
Gaming. Sports’ being a virtue
development of persistence, physique and discipline is conquered by the
recreation of toxic, corruption, deception and sex. The Sports are the virtue development has
taken as an Event that is more a tourism based and this approach has made the
Sports corrupt. Sports Fraternity must
reevaluate its approach of Sports and separate itself from gaming, gambling and
recreation.
Parliamentary Democracy and Organised Crime
The role of Democracy is crucial
to flourish the illicit economy due to party system, which is based on the
collection of funds. These tributes to
the Political Parties has qualified them to get protection from the Law
implementing Agencies which can be termed as ‘corruption’ and also favorable
policies through scams.
Organized crime adopts all forms of corruption to
infiltrate political, economic and social levels all over the world. Strong
institutions are supposed to be impermeable to corruption. Contrastingly, weak
governance often coexists with corruption and a mutually causal nexus exists
between corruption and feeble governmental institutions, often ending up in a
vicious cycle. Through corruption,
criminal groups generate poverty. Corruption determines the misusing of
Governments' resources by diverting them from sectors of vital importance such
as health, education and development. Poor people are therefore deprived of
economic growth and development opportunities. The price of public services
rises and the economically deprived people can no longer afford them. As the
poor become poorer, the corruption feeds the poverty and inequality.[65]
The destitute population victim of created
poverty due to weak governance and corruption push them into the receiving end.
Further these impoverished populations become a source for political
mobilization in the democratic process. These populations in the tune of
Political Workers are the facilitator of the Organised crimes in the nexus of
Political affiliations that become their means of
survival.
The parallel system in the Governance under the
democracy is divided into Institutional and non-Institutional system.
Institutional systems come where Judiciary, Administrative and Police are
accountable by the Rule of Law, whereas, the non-Institutional systems function
with NGOs, Trusts and Cultural bodies. In both the governance system of the
population, the control is in the hand of Parliament that not only creates Laws
and Policies, but also functions as Executive to the Institutional system. In
the democratic system, though it is under the Rule of Law, but the
implementation of the Law is based on people's power.
The resource generation that makes the effective
Institutions is based on the Tax collection, whereas in the non-Institution
system based on donations. The donations made by the population do enjoy tax
exemption as policies. The corruption in the system and the space given to the
organized crime do reach to the non-Institutions as Donation. The fund-raising
technique for the non-institutional domain is basically extortion. The
populations get involved in corruption in tune of tax-evasion, scams and
including facilitation to the nexus of Organised Crime and get protection from
these non-Institutional domains.
The relevance of Cultural and NGOs affiliation in
the Parliamentarian system are the populations that are the ladder to attain
the Political Power. Hence, cultural affiliation and NGOs play a significant
role as demonstrators/protesters and pressure groups towards the Policies.
Further these non-Institutions run parallel governance that facilitates the
population towards social security, health care and education.
The political security to protect the resource generation by the
non-Institutional system is the corruption in the Institutional system, i.e.
Corruption in the Political system, Criminal Justice System, Administrative
System and Military system.
The
prostitution market provides a good example of the wide-range of corruption
tactics used by organised crime. The present research shows that members of police
forces throughout the EU engage in corrupt exchanges with prostitution
networks, even extorting bribes or even directly running brothels. Such
criminal networks use corruption to obtain information on investigations,
ensure continuity of operations, or even to develop monopolies in local
markets. Immigration authorities, including embassy or border guards, have also
been targeted to ensure legal entries or stays of prostitutes. In Member States
with legalised prostitution (e.g. Germany
and the Netherlands)
criminal groups have corrupted some local administrative authorities in order
to avoid brothel regulations. Finally, criminal networks also use prostitutes
to lure law-enforcement officers, magistrates and politicians into
inappropriate behaviour, later using evidence of the behaviour to blackmail the
officials for protection or information.[66]
The National
Strategy Information Center (NSIC) carried out a collaborative international
research project that focused on the Political Criminal Nexus (PCN), which
refers to the “concentration and fusion of official political and professional
criminal power” (NSIC 1999 , p.1)[67].
The key
conclusions were that:
Ø
Long-term
existence of criminal groups requires some type of PCN;
Ø
Some
politicians might collaborate with criminal groups to embezzle public funds;
Ø
Specific
political conditions facilitate the formation and evolution of a PCN;
Ø
One-party
political systems (whether on a national, regional or citylevel) and states
with strong bureaucracies but weak civil societies and no checks and balances
are more prone to PCN;
Ø
Weak
states and countries in transition, particularly from authoritarian regimes,
have weak law-enforcement or judicial institutions; the changing social
structures blur values and politicians cross the line ofwhat are ethically
acceptable;
Ø
Cultural
factors also play a role in facilitating PCN:
Ø
Patron-client
systems, like in Mexico or Southern Italy, for example, tend to make politics more
personal and non-rational;
Ø
A
history and prevalence of secret societies (the Italian Mafia-Freemasonry
connection in the 197 0s and 198 0s) help create conditions of covertness that
facilitated PCNs;
Ø
A
widespread public perception that corruption is “normal”;
Ø
Public
perception of criminals as cultural heroes or “men of honour”;
Markets and economics bear on the PCN issue:
Ø
Need
for large-scale money laundering of criminal proceeds breeds political
corruption;
Ø
Concrete
economic factors at the local level also play a role (e.g. EU development funds
in Southern Italy);
Ø
Role
of contingent, accidental, or coincidental factors in the development of PCNs:
(1) specific individuals and (2) specific political circumstances could
contribute to the establishment of a nexus;
Ø
Different
types of criminal activity and diverse concentrations of criminal actors lead
to different types of PCNs. Local smugglers and criminal organisations need to
develop relationships with local law enforcement authorities, but they may have
few relationships with state or national officials. In addition to profits,
criminals often corrupt politicians to help them achieve social respect or
eliminate rivals.
The infiltration of the criminal network in the Judiciary,
Administration, Police and Military are based on multi-tactics process. Giving
an example as Plywaczewsky
(2004) argues that the methods of corrupting the judiciary include:
Ø
Gaining
influence by accessing retired prosecutors, police officers or judges, and,
with the retirees’ help, contacting working professionals and gaining influence
among them;
Ø
Lending
small amounts of money, covering gambling debts or doing small favours;
sometimes the prosecutors, police officers or judges would not even know
initially that the person doing them the favours has links with organised
crime;
Ø
Judges
or prosecutors would be tempted to brothels or parties where alcohol would be
abused, only to find themselves blackmailed (with photographs or video
recordings) into providing favours to organized crime;
Ø
A
criminal might even collect financial documents indicating a police officer,
prosecutor or judge’s dishonesty, and use the documents as a way to blackmail
the officials;
Ø
Influencing
officials’ families by making deals with relatives without the immediate
knowledge of the prosecutor, police officer or judge;
Ø
Signing
contracts, through various funds, with selected persons for lucrative tasks;
this method is often a first step to recruitment;
Similar, approaches are done to other Institutions in the Democratic
system by the criminal syndicates to protect their activities and smooth
sailing.
The inabilities to counter the criminal network that invaded the
State-system are basically the approach of Check and Balance mechanism, i.e.
Legislation, Judiciary and Executive.
The space given by the check and balance in the Democratic system is
used by the Political Criminal Network that provides protection to the
Organized Crime and further generates funds towards Political mobilization and
capture of Power.
Conclusion
In the concluding note, it is
being analysed that the dependency, democracy and organized crime are
complementary to each other that started from the Industrial revolution, where
there were migrations from the European nations to the various parts of the
World and the natives were the victims of the technologies used against them to
grab their land and resources (natural and human).
The end of World War II though
brought the decolonization, but the colonial legacy still persisted. The war of ideologies polarized the world and
bled the population based on ideologies.
This was the ground work to promote democracies as it says the
democratic nations do not wage war.
The Indian Reorganization Act,
1934, brought American Natives sovereignty from Federal system to which they
acquired right to defense, economy generation beyond accountability. This brought the Tribal sovereignty in the
World of Civility. This sovereignty is
the main reasons of the Tribal autonomy that refuse to get assimilate with the
mainstream society.
Tribal society due to absence of
resources became the prey of the criminal network where the women of the
natives were victimized for the Sex and Drugs Trade and they became the economy
that facilitated the gaming industry of the Native Americans. After the liberalization and globalization,
there were random illegal migration from the rest of the World to the United States
is basically to facilitate the human resources for the Tribal economy. Further the regional tribal in the periphery
nations involved with the cultivation of the opium that facilitated the Economy
of the Drugs in the Core Nations.
After the fall of ideological
war, the Liberal Economy imposed under the SAP to the periphery nations
flourished the illicit economy and the gang culture towards extortion. The rise of cartel system and rise of
smuggling created a Transnational Criminal Organization that controlled the
region and transaction of the counterfeit products along with human
trafficking. Globalization further
created a Feudalism of Market between Elites and Non-elites which destroyed the
local economy and invaded by those nations of Brands and its Replica.
The accumulation of the wealth
through illicit economy invaded the State-system and acquired the land within
the State-system as known as SEZ, which is beyond the accountability of
National and International Laws. Further
the Sports Events under the International Sports Federation became the Global
gaming that mobilized the Economy of the Global Mafias through Drugs, Sex and
Violence and betting became the extortion method.
Ultimately, it is the Democratic
process that protected the illicit economy through Organized Crime by
non-Institutional domain and by corrupting the Institutions that are
accountable to the Rule of Law.
Reference:
Belser
Patrick, 2005, Forced Labor and Human Trafficking: Estimating the Profits,
International Labour
Organisation,
Broadhurst
Roderic, Farrell Nicholas, Organized
crime ‘control’ in Asia: Experiences
from India, China and the Golden Triangle
Cain Erika, July 12, 2013, Global Gaming
Industry Loses Momentum, Industry Trends,
Global Economics
Deer
Sarah, 2010, Relocation Revisited: Sex
Trafficking of Native Women in the
United States,
William
Mitchell College
of Law
Evans
William N., Topoleski Julie H., THE
SOCIAL AND ECONOMIC IMPACT OF
NATIVE AMERICAN CASINOS., Working Paper 9198
Examine the Link between Organised Crime and
Corruption, CSD, Centre of Study of
Democracy.
FES, 2009, The Impact of Organised Crime on Democratic
Governance – Focus
on Latin America and Caribbean
Gowa
Joanne, The Democratic Peace after the
Cold War, Department of Politics,
Princeton University, Princeton,
NJ 08544
Hebbar Ritambhara, Tribal Autonomy and Life Support Systems,
Department of
Sociology,
Department of Economics, Delhi
University, India.
Hoxie Frederick E., The Goals of the Indian Reorganization
Act, University
of Illinois,
Urbana/Champaign
IRIS,
2012, Sports Betting and Corruption : How to preserve the integrity of Sports
Ivanova
Daniela, 2010, Transitions to Democracy or Transitions to Organized Crime? A
Comparison of Bulgaria
and Latvia Wesleyan University
Janelle Donald G - Beuthe Michel,
Globalization and research issues in transportation,
Journal of Transport Geography Vol. 5, No. 3, pp. 199-206,
1997
Kulcsár
B. –
Eleıd A – Gilicze É. Kövesné – Márialigeti J., Globalisation and
Transport –
Priorities for Education and Research, Budapest
University of Technology
and Economics, Faculty of Transportation Engineering, H-1111 Budapest, Mőegyetem rkpt. 3-9. Hungary
Lin Leo S.F., 2010
Conceptualising Transnational
Organised Crime in East Asia in the
Era of
Globalisation : Taiwan’s
perspective, RIEAS, Research Paper
No. 146
Mazrui Ali A., Schweitzer Albert, THE END OF THE COLD WAR
AND THE RISE
OF
DEMOCRACY?: BETWEEN AFRICA AND THE WEST
Muller Wolfgang C, Bergman Torbjorn, Strom
Kaare, Parliamentary Democracy :
Promise and
Problems
NIGA, 2009, The Economic Impact of Indian Gaming.
Reinares
Fernando, Resa Carlos, Transnational organized
crime as an increasing threat to the national
security of democratic regimes: assessing political impacts and evaluating
state responses
Rodrigue
Jean-Paul, Transportation and Globalization, Department
of Economics
& Geography, Hofstra
University, Hempstead, New York 11549, USA.
Siegle Joseph, June 2007, EFFECTIVE AID STRATEGIES TO SUPPORT
DEMOCRACY IN
AFRICA, Prepared for the “Africa Beyond Aid” conference, June
24-26, Brussels Belgium.
The Economic Impact of Counterfeiting and
Piracy, OECD, Organisation for Economic
Co-operation and
Development.
Williams Phil , TRANSNATIONAL CRIMINAL ORGANISATIONS AND
INTERNATIONAL
SECURITY
[1] Telescoping The Times : The Age of Imperialism,
1850-1914, © 1999, McDougal-Littell
[2] Ibid
[3] ibid
[4] ibid
[5] Gowa Joanne, The Democratic Peace after the Cold War,
Department of Politics, Princeton
University
[6] ibid
[7] ibid
[8] Mazrui Ali A., THE END OF THE COLD WAR AND THE RISE OF
DEMOCRACY?: BETWEEN AFRICA AND THE WEST, http://www2.binghamton.edu/igcs/docs/cold_war.pdf
[9] ibid
[10] ibid
[11] ibid
[12] http://en.wikipedia.org/wiki/History_of_democracy
[13] Muzaffer Ercan YlLMAZ, “The New
World Order”: An Outline of the Post-Cold War Era Alternatives:
Turkish Journal of International Relations, Vol. 7, No. 4, Winter 2008
[14] ibid
[15] ibid
[16]
http://en.wikipedia.org/wiki/Criminal_Tribes_Act
[17] ibid
[18] ibid
[20] Philip J. Prygoski From Marshall to Marshall The Supreme Court's changing stance on tribal sovereignty, http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/marshall.html
[21] 2010 Deer Sarah Relocation Revisited: Sex Trafficking
of Native Women in the United
States
William Mitchell College
of Law, sarah.deer@wmitchell.edu
[22]
“Since the late 20th century and the rise of Indian activism over sovereignty
issues, as well as many tribes' establishment of casino gambling on
reservations as a revenue source,” http://en.wikipedia.org/wiki/Indian_Reorganization_Act
[23] Hodge suggests that “trends in international
trafficking are easier to estimatethan trends in domestic trafficking.” Hodge, supra
note 8, at 144.
[24] See Gary C. Anders, Theories of
Underdevelopment and the American Indian, 14 J. ECON. ISSUES 681, 690
(1980) (“Colonialism is a theoretical model which stresses the domination of a
people by a culturally different and more powerful group over which they have
little influence.”)
[25]
Ibid
[28] James O. Finckenauer ; Ko-lin Chin, 2004, ASIAN TRANSNATIONAL ORGANIZED CRIME AND ITS
IMPACT ON THE UNITED STATES: DEVELOPING A TRANSNATIONAL CRIME RESEARCH AGENDA
[29] 2009 Economic Impact Report, National Indian
Gaming Association
[30] ibid
[31] ibid
[32] ibid
[33] ibid
[34] ibid
[35] ibid
[36] ibid
[37] ANDREAS PETER, Illicit Globalization: Myths,
Misconceptions, and Historical Lessons, Political Science Quarterly Volume 126
Number 3, 2011
[38] Phil Williams, “Transnational Criminal Organisations
and International Security,” Survival, Vol. 36, No. 1, Spring 1994, pp. 96–113.
Copyright 1994 Oxford University Press
[39] Ibid
[40] ibid
[41] THE ECONOMIC IMPACT OF
COUNTERFEITING AND PIRACY, 2007, OECD
[42] ibid
[43] ibid
[44] ibid
[45] ibid
[46] ibid
[47] State Policy on Chhattisgarh Special Economic
Zone
Roderic Broadhurst and Lee
King Wa, The
Transformation of Triad ‘Dark Societies’ in Hong Kong:
The Impact
of Law Enforcement, Socio-Economic and Political Change, Security Challenges
, Vol. 5,
No. 4 (Summer 2009), pp. 1-38.
[49]
B. Kulcsár – A. Eleıd – É. Kövesné Gilicze – J. Márialigeti, Globalisation and Transport – Priorities for
Education and Research
[50] Jean-Paul
Rodrigue, Transportation and Globalization
[51] A,
Courtenay 'The good, the bad and the Ugly' in Offshore Review (1996)
9-11, at
[52] European
Union Bank, 'Offshore.Banking', INTERNET 16/04/1997,10:26:11 AM,
Port Vila, VANUATU.
[53] Scheme for setting up of Offshore Banking Units
(OBUs)in Special Economic Zones (SEZs) DBOD.IBS.BC. 42/23.13.004/2002-03,
November 12, 2002
[54] Off-Shore Banking, a Legal Fabrication for Money Laundering?: A Critique of the Legal Framework of the Western Samoa Off-Shore Finance Center http://www.usp.ac.fj/index.php?id=13092
[55] IRIS, 2012, Sports betting and corruption: How to
preserve the integrity of sport
[57] ibid
[58] Pons Noel, "Economie
Criminelle:Vieilles Ficelles et Ruses Insolites", Pouvoirs, 2010/1 No.
132, p. 29-40.
[59] IRIS,
2012, Sports betting and corruption: How to preserve the integrity of sport
[60] ibid
[61] ibid
[62] ibid
[63] ibid
[64] ibid
[65] http://www.unicri.it/emerging_crimes/organized_crime/
[66] Study
on links between Organised Crime and Corruption, CSD, Center for Study of
Democracy
[67] ibid
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