Background and Relevance
Claudia Sheinbaum, the President of Mexico City, introduced an initiative to reform the Guardia Nacional (National Guard) and transfer it under the command of the Mexican Army’s Secretariat of National Defense (Sedena). This move aims to grant the Guardia Nacional a military figure, which has sparked debate among political parties.
Comision de Justicia Approval
The House of Representatives’ Justice Commission approved Sheinbaum’s initiative with 22 votes in favor from Morena and its allies, 7 against from PAN and PRI, and 2 abstentions from MC. The approval involves revising, adding, and repealing various provisions in the following laws:
- Ley Orgánica de la Administración Pública Federal (Organic Law of the Federal Public Administration)
- Ley Orgánica del Ejército y Fuerza Aérea Mexicanos (Organic Law of the Mexican Army and Air Force)
- Ley de Educación Militar del Ejército y Fuerza Aérea Mexicanos (Military Education Law of the Mexican Army and Air Force)
- Ley de Ascensos y Recompensas del Ejército y Fuerza Aérea Mexicanos (Military Ascension and Rewards Law of the Army and Air Force)
- Ley del Instituto de Seguridad Social para las Fuerzas Armadas Mexicanas (Institute of Social Security for the Mexican Armed Forces Law)
- Ley de Disciplina del Ejército y Fuerza Aérea Mexicanos (Military Discipline Law of the Army and Air Force)
- Código de Justicia Militar (Military Code of Justice)
- Código Militar de Procedimientos Penales (Military Criminal Procedure Code)
Ongoing Controversy
Opposition lawmakers criticized the proposed military figure for the Guardia Nacional, which was initially intended for civilian purposes. They also raised concerns about the new attributes granted to the army.
- Emilio Suárez Licona (PRI): He warned that this reform would indirectly militarize state and municipal police forces through agreements with federal entities. He also claimed that the Guardia Nacional’s new powers for covert operations and simulated user identities are unconstitutional, as per the Supreme Court’s ruling.
- Margarita Zavala (PAN): She stated that the harmonization of laws would create confusion rather than consistency, as it contradicts the Ley de la Guardia Nacional and the Ley General del Sistema Nacional de Seguridad Pública. She also pointed out that crucial requirements are eliminated, and there would be no budgetary impact from these nine laws.
- Ricardo Mejía (PT): He acknowledged that these reforms signify not just legal changes but also the consolidation of a state policy that redefines the role of the armed forces in public safety tasks.
- Paulina Rubio (PAN): She asserted that the federal government’s proposals violate human rights, as highlighted by the Supreme Court. She also mentioned that the reform aims to give control over the judicial power, which cannot be declared unconstitutional by the new court integration.
New Powers for Sedena
The proposed changes grant Sedena new abilities, including generating, operating, processing, and using security-related information within its scope. It also enables the development of intelligence products and services that identify and address risks and threats to Mexico’s state integrity, stability, and permanence. These changes aim to support governance and strengthen the rule of law and government institutions.
“(Sedena’s responsibilities include) generating, operating, processing, and using information in matters of national security to anticipate risks and prevent threats through intelligence organizations that contribute to preserving the integrity, stability, permanence of the Mexican state, as well as supporting governance and strengthening the rule of law and government institutions… Requiring the exchange of security-related information, after coordination with the relevant bodies of the National Security Council, for the performance of their duties,” as per the modified Article 29 in the Ley Orgánica de la Administración Pública Federal (Organic Law of the Federal Public Administration).
Key Questions and Answers
- What is the Guardia Nacional? The Guardia Nacional is a Mexican security organization created in 2019 to complement the National Police and address organized crime.
- Why is there controversy around transferring the Guardia Nacional to Sedena? Opposition parties argue that it would militarize civilian security tasks and violate human rights, as the new powers granted to the Guardia Nacional could lead to unconstitutional actions.
- What new powers will Sedena have? Sedena will now generate, operate, process, and use security-related information. It can also develop intelligence products and services to identify and address risks to Mexico’s state integrity, stability, and permanence.
