Background on the National Guard and its Relevance
The Mexican National Guard, a paramilitary force under the defense ministry, has been expanding its role in public security since its creation in 2019. The recent approval of the reform to the National Guard law by the Chamber of Deputies has further consolidated this trend, granting the military greater control over security management and expanding their capabilities in economic, security, and institutional areas.
Key Aspects of the Reform
- Article 164: This article confirms the reclassification and transfer of personnel, effectively eliminating civil oversight.
- Article 44: This article acknowledges the participation of National Guard members in political functions, allowing them to seek elected positions through special leave. However, it does not clarify whether they will act as government collaborators or opposition.
- Investigative Powers: The reform grants additional investigative powers to public prosecutors, some of whom lack professionalism or are deficient. This allows the National Guard to engage in ministerial investigations and intelligence tasks for crime prevention and persecution, including monitoring social media, telecommunications, intercepting private conversations, and collaborating with intelligence agencies (CNI) and information sources.
Concerns and Questions
- Security and Privacy: How will the safety of citizens and their privacy be ensured amidst a more prominent military presence?
- Accountability: Who will oversee the National Guard’s work, and how will accountability be maintained to prevent abuse?
- Civilian Participation: Will there be space for civil society organizations to contribute and hold authorities accountable?
Contextual Challenges and Implications
This reform comes amidst a broader trend of weakening autonomous institutions, diminished accountability, and the erosion of checks and balances in Mexico. The militarization of public security, the expansion of military roles (at least 38 identified as of now), and the questionable appointment of officials in legal areas raise concerns about transparency, oversight, and the potential for abuse of power.
The Path Forward
As Mexico moves forward with this reform, it is crucial to establish equilibrium outside the government’s logic to prevent self-destruction through excessive power accumulation. A more active, vigilant, and responsible citizenry is needed to defend freedom of expression, demand accountability, and engage constructively with institutions. This requires a refocusing of the nation’s cultural and political citizenship foundation.
Key Questions and Answers
- Question: How will the safety of citizens and their privacy be ensured amidst a more prominent military presence?
- Answer: The reform does not provide clear mechanisms to ensure citizen safety and privacy with the increased military role in security management.
- Question: Who will oversee the National Guard’s work, and how will accountability be maintained to prevent abuse?
- Answer: The reform does not explicitly address oversight and accountability mechanisms for the National Guard’s activities.
- Question: Will there be space for civilian organizations to contribute and hold authorities accountable?
- Answer: The reform does not explicitly encourage or provide avenues for civil society organizations to engage with and influence security policies.
