National Guard Law: 5 key points of the reform that consolidates the military

The Chamber of Deputies approved the new National Guard Law. Learn about the changes: control of SEDENA, military jurisdiction, and new espionage powers.

The Chamber of Deputies approved the new National Guard Law in general and specific terms, consolidating its transfer to the Ministry of National Defense (SEDENA). The reform, promoted by the ruling party, gives the body a military character and structure, prompting warnings from the opposition about the risks of militarization.

Mexico City.- The structure of public security in Mexico has taken a definitive turn. With 349 votes in favor, the majority formed by Morena, PVEM, and PT in the Chamber of Deputies approved the new National Guard Law, a package of reforms that formally and fully transfers operational and administrative control of this security body to the Ministry of National Defense (SEDENA).

The legislation, which now goes to the Senate for debate, establishes a legal framework that, in practice, turns the National Guard into just another branch of the Armed Forces, despite having been constitutionally created as a civilian body. The opposition voted against it, warning of a "consolidation of militarization" in the country.

Below are 5 key points to understand this momentous reform:

1. Total Control of SEDENA

This is the most significant change. SEDENA will assume complete leadership of the National Guard. This means that the head of National Defense will be responsible for:

* Organize, equip, educate, train and administer the corporation.

* Appoint the Commander of the National Guard, who must have the rank of Major General.

* Submit the annual activity report to the Executive.

To achieve this, a set of military laws were amended, including the Organic Law of the Army and Air Force and the Code of Military Justice.

2. New Intelligence and Covert Operations Powers

The new law grants the National Guard powers that were previously reserved for civilian intelligence agencies or that required stricter oversight. The agency will now be able to:

* Carry out covert operations.

* Use “simulated users” in research.

* Conduct interventions in private communications with judicial authorization.

* Operate intelligence agencies in coordination with the National Intelligence Center (CNI).

3. Personnel Subject to Discipline and Military Justice

Members of the National Guard will now be formally subject to military jurisdiction. This means that:

* They will have ranks, duties and principles of action of the military order.

* In the event of committing crimes in the exercise of their duties, they will be tried by military courts and laws, in addition to the corresponding common or federal jurisdiction.

* They may be transferred to other branches of the Army or Air Force according to the needs of SEDENA.

4. Permission to Contend for Elected Positions

The law establishes a mechanism for active members of the National Guard to participate in politics. They will be able to request a "special license" to hold elected office.

* To be a deputy, they must resign from office 90 days before the election.

* To run for the Presidency of the Republic, they must separate 6 months in advance.

"A parallel is being drawn between members of the National Guard and those of the Army or Air Force." – Statement by Claudia Sheinbaum on the reform.

5. Specific Sanctions under the Military Code

Clear penalties are established for crimes committed by its members, which will be prosecuted under military justice. Some examples are:

* Bribery: 4 to 8 years in prison and dismissal.

* Abuse of persons using badges: Up to 6 months in prison.

* Breach of trust (failure to return equipment): 1 to 6 years in prison.

The Truth Without Detours: The Fundamental Debate

* Government argument: The reform is necessary to consolidate the security strategy, provide discipline and operational capacity to the National Guard, and effectively combat organized crime.

* Opposition argument: The reform is unconstitutional, since the Constitution establishes the civilian nature of the National Guard. They warn that handing over full control to the Army consolidates the militarization of public security, distances the corporation from civilian oversight, and puts human rights at risk.

In Summary: The Key Facts

* The new National Guard Law was approved, transferring its control to SEDENA.

* The corporation will have structure, discipline and military justice.

* Gains new intelligence and covert operations capabilities.

* Its members may request leave to run for public office.

* The opposition denounces a "militarization" that contravenes the Constitution.