Introduction of a Special License for Military Personnel to Engage in Politics
The full chamber of Mexico’s House of Representatives is set to approve a proposal by President Claudia Sheinbaum Pardo that opens the door for active military personnel to participate in the country’s political arena. This comes through amendments to a law that would allow them to hold elected positions or serve as government officials via a special leave.
Background on the Proposed Ley de la Guardia Nacional (GN)
President Sheinbaum Pardo’s initiative aims to revise the Ley de la Guardia Nacional (GN) and its related secondary laws, stemming from the 2024 reform that transferred GN’s jurisdiction to the Secretaría de la Defensa Nacional (Sedena). The new legislation outlines various types of leaves available to active GN personnel, including ordinary, unlimited, special, and age-limit leaves.
Special Leave: Key Points and Ambiguities
Article 44 of the proposed Ley de la Guardia Nacional focuses on the status of its members, proposing four types of leaves for active GN personnel. Given the 2024 reform, which mandated that GN be entirely composed of military personnel, these leaves pertain to members of the Sedena.
The special leave provision is noteworthy, as it grants only the Federal Executive’s head or Sedena’s head the authority to approve or deny it. If granted, this leave enables military personnel to perform a specific task outlined in the permission.
The special leave covers three scenarios, one of which is “performing elected positions.” However, this wording lacks clarity since it doesn’t specify if the leave permits military personnel to run for elections as judges, legislators, or even presidential candidates.
Another scenario allows military personnel to engage in civilian activities outside GN duties, should the Federal Executive’s head order them to undertake a specific civil task. Furthermore, this reform enables GN military personnel to serve as public servants in government bodies, as the special leave opens doors for them to “perform civilian activities or jobs in Federal Executive, state and municipal governments’ offices, decentralized bodies, or state-owned companies and other public entities,” provided they temporarily separate from their security duties to legally fulfill these roles.
Concerns Over Militarization of Politics
Ivonne Ortega Pacheco, coordinator of Movimiento Ciudadano in the House of Representatives, raised concerns about this reform, specifically the special leave article, as it poses a significant risk of politicizing the military or even facilitating a “self-coup.”
“This special leave can only be granted by the top military command—the president, or the defense secretary at the time. For what? To run for elected positions, to become cabinet members, decentralized officials, municipal officers, or any position not contradicting their rank,” Ortega Pacheco emphasized.
She stressed the gravity of allowing military personnel access to politics, as their primary role is defending the nation, not holding public offices.
Ortega Pacheco warned of the danger of active military personnel being appointed to elected positions like governors, legislators, or even within the judicial branch without going through an election process. The reform does not mandate such personnel to undergo an election.
“Under this proposal, they wouldn’t need to go through the election process. Generals could be appointed as governors, legislators, or even judges without being elected. While generals may be well-prepared, their training focuses on defending the nation, not exercising public offices,” she concluded.
Key Questions and Answers
- What is the proposed reform about? The reform allows active military personnel in the Guardia Nacional to take a special leave and engage in political activities, such as holding elected positions or serving as government officials.
- Who can grant the special leave? Only the Federal Executive’s head or the Secretaría de la Defensa Nacional’s head can approve this leave.
- What tasks can military personnel perform with the special leave? They can run for elected positions, engage in civilian activities outside GN duties (if ordered by the Federal Executive’s head), and serve as public servants in various government bodies.
- What are the concerns surrounding this reform? Critics, like Ivonne Ortega Pacheco, warn of the risk of politicizing the military and the potential appointment of active personnel to public offices without proper elections.
