Background on the Guardia Nacional and its Relevance
The Guardia Nacional (GN) is a newly established national security force in Mexico, created through a constitutional reform promulgated on September 30, 2024. This reform transferred the GN to the Secretariat of National Defense, aiming to strengthen public safety and security across the country. The GN’s establishment is significant as it represents a shift in Mexico’s approach to addressing security challenges, emphasizing collaboration between civilian and military forces.
Committee Approval of the Guardia Nacional Laws
The Senators’ Committees on the Guardia Nacional and Legislative Studies First of the Chamber of Senators approved, by a vote of 14 in favor from Morena, PVEM, and PT, and six against from PAN, PRI, and MC, the decree establishing the Guardia Nacional Law. This bill also reforms six additional laws related to the GN and amends the Military Justice Code and the Military Procedures Penal Code.
Key Aspects of the Approved Legislation
- Principles and Organization: The new law outlines the GN’s principles, organization, and responsibilities.
- Atribuciones (Authorities): It defines the GN’s authorities and powers.
- Integration: The law details the process for integrating members into the GN.
- Equivalences Jerárquicas (Hierarchical Equivalents): It establishes hierarchical equivalents within the GN.
- Coordination: The legislation regulates the GN’s coordination with federal entities and municipal authorities in public safety tasks.
Coordination with Local Authorities
The approved legislation emphasizes the importance of collaboration between the GN and local authorities. This coordination is achieved through time-bound agreements that oblige local authorities to fulfill specific tasks, such as maintaining infrastructure investment levels, providing necessary information, and submitting periodic reports.
These agreements aim to ensure that local institutions take charge of public safety tasks, fostering a more effective and sustainable security approach.
Judicial Control and Interception of Communications
Regarding judicial control over GN activities, the law mandates that any interception of communications for investigative purposes must be authorized by a judicial warrant. This requirement aligns with the National Criminal Procedures Code, the Federal Law Against Organized Crime, and the National Security Law.
Next Steps: Plenary Session
The approved decree will now be discussed and voted on by the full Chamber in an extraordinary session scheduled for the upcoming Sunday.
Key Questions and Answers
- What is the Guardia Nacional? The Guardia Nacional (GN) is a national security force established in Mexico through a constitutional reform. Its purpose is to strengthen public safety and security by collaborating with civilian and military forces.
- What does the approved legislation cover? The new law regulates the GN’s principles, organization, authorities, integration process, hierarchical equivalents, and coordination with federal entities and municipal authorities. It also reforms six additional laws and amends the Military Justice Code and Military Procedures Penal Code.
- How does the GN collaborate with local authorities? Collaboration is achieved through time-bound agreements that oblige local authorities to fulfill specific tasks related to public safety, ensuring local institutions take charge of security tasks.
- What judicial control measures are in place for GN activities? Interception of communications for investigative purposes must be authorized by a judicial warrant, in compliance with the National Criminal Procedures Code, Federal Law Against Organized Crime, and National Security Law.