Background on the Relevant Figures and Context
The Supreme Court of Justice of the Nation (SCJN) in Mexico recently validated reforms to transfer all maritime merchant and port security responsibilities from the Secretariat of Communications and Transportation (SCT) to the Secretariat of Marina (Semar). This decision came after senators from PAN, PRI, PRD, and MC challenged the amendments to the Ley Orgánica de la Administración Pública Federal, Ley de Navegación y Comercio Marítimos, and Ley de Puertos.
Andrés Manuel López Obrador, the former President of Mexico, proposed these changes in legislation. The reforms were signed into law on December 7, 2020. The senators who impugned the changes argued that these reforms would blur the lines between civilian and military roles in maritime affairs, potentially leading to a militarization of maritime activities.
SCJN’s Decision
In an 8-2 vote, the SCJN upheld the reforms, stating that they did not violate any constitutional limits. Juan Luis González Alcántara Carrancá, the ponente (author of the ruling), emphasized that the primary goal of the amendment was to establish Semar as the principal administrative authority in maritime matters and water communication routes. This reorganization aimed to avoid redundancy and improve service efficiency.
González Alcántara Carrancá clarified that the decreto (decree) did not intend to regulate public safety or national security but rather reorganize administrative maritime matters as part of the free configuration of federal public administration.
The Legislative Minority’s Perspective
The senators who impugned the reforms based their argument on a misconception, equating Semar with the Mexican Navy and concluding that any activity undertaken by Semar has a military character. However, according to the limits outlined in Article 129 of the Constitution (recently modified), Semar can legitimately engage in various activities beyond military discipline.
The SCJN ruling further explained that the reforms do not contravene Article 129 of the federal constitution. Instead, they ensure the proper exercise of transferred functions by ordering the transfer of human resources, material resources, and financial resources—including civilian personnel previously assigned to the SCT.
The SCJN clarified that assigning attributes to Semar does not transfer civilian functions to military control but rather redistributes administrative responsibilities within federal maritime matters. Consequently, this situation does not represent a regressive measure that could directly affect human rights by militarizing maritime affairs or assigning public safety functions to armed forces.
Key Questions and Answers
- What were the reforms challenged by the legislative minority? The senators impugned amendments to the Ley Orgánica de la Administración Pública Federal, Ley de Navegación y Comercio Marítimos, and Ley de Puertos, which transferred maritime merchant and port security responsibilities from the SCT to Semar.
- What was the SCJN’s decision regarding these reforms? The SCJN upheld the reforms in an 8-2 vote, stating that they did not violate any constitutional limits.
- What was the primary goal of these reforms? The main objective was to establish Semar as the principal administrative authority in maritime matters and water communication routes, avoiding redundancy and improving service efficiency.
- Did the reforms imply a militarization of maritime activities? The SCJN ruled that the reforms do not represent a regressive measure that could directly affect human rights by militarizing maritime affairs or assigning public safety functions to armed forces.
