the national guard that proposes to create Andrés Manuel López Obrador’s Government to combat crime requires not only a constitutional reform. The Morena opinion, already approved in committees by the Chamber of Deputies, also poses that three new laws regulating its operation until it is deployed must be issued.
It’s the law of the Guardia national, of the legitimate use of force law, and the General Law of registry of arrests. All of them, according to the first transition of the opinion article, be created within a maximum period of 60 days after which the constitutional amendment enters into force.
Reads: AMLO asks young people joining the National Guard even though Congress has not approved its creation in the discussion in the Committee on constitutional issues in the Chamber of Deputies, which approved the opinion, Congressman Pablo Gómez – author of the modifications to the arti transient culos – stressed that the creation of these laws is necessary for the creation of the appropriate legal framework that guarantees a performance of the National Guard with adherence to human rights.
The opinion adopted by the aforementioned Commission will be discussed next week in various tables working with specialists and organizations. The goal, according to Morena, is to enrich the document and if applicable make modifications before it is approved is put to the vote before the full Chamber of Deputies and then subjected to the analysis of State congresses.
Lawmakers have insisted that the creation of the National Guard requires that these changes to the Constitution to be adopted. Despite this President López Obrador announced from January 2 that it would begin the recruitment and a day later said it was because it was an urgent issue that could not wait.
Read also: the EZLN warns that it will oppose the Maya train and to the National Guard starting from the explanation that gave members of Morena during the discussion in the Committee concerned, Animal politician below the goal of three new laws that are they are in the National Guard. Also summarizes the chronology of workshops related to the opinion of the National Guard will take place the following week.
1.Ley organic on the National Guard, the modification of 13 articles of the Constitution will endorse the creation of the National Guard and its intervention in public security, however, this law is required to delimit all its conformation, Organization and operation.
According to the advance by the deputies in this organic law be established, for example, the requirements for recruitment to enter this new force, and included requirements that must meet you aspiring to enter, among them, exceed the confidence control tests.
Currently the staff of the army and Navy – which tries to form mostly to the National Guard – does not have to comply with this procedure, however, since they now engage in public security tasks is intended that law It is established that undergo it the evaluation of trust.
Read: National Guard continue to strategy that violated human rights, warn UN and NGOs in this law also will explain in detail the objectives and scope of the National Guard as a new force hybrid security (military training but under jurisdiction Civil), as well as the rights, duties and obligations of each of its elements who will also act as auxiliaries of the public prosecutor’s Office.
Other issues that will deal with this law will be the hierarchical structure of the guard, the definition of its different areas, groupings or battalions, its organization and internal disciplinary mechanisms, the temporality of their deployments, coordination obligations with other authorities, etc.
2.Ley use of force the constitutional reform and the organic law shall establish that the actions of the National Guard should be governed under the appropriate use of force standards. The problem is that in Mexico, despite the observations and insistence of international bodies for several years, there is a law of general application that establishes must be properly force the security institutions.
Lee: Secretaries of Defense and marine promise to respect human rights, to plan of AMLO create national guard for this reason, and as part of this reform package, constitutional article 73 shall be amended so Congress will have powers to issue one law on «use of force», and added the first transitional article a period of 60 days to do so.
This law, which the guard, should be aims to define clearly when a safety element can or not to make use of weapons of deterrence and lethal weapons. This with the aim of preventing serious human rights abuses.
The lack of a proper use of the strength of the armed forces is one of the major objections that the critics of the intervention of the National Guard have been put on the table in public security tasks. In 2016 the U.S. newspaper The New York Times published the index of lethality of the Mexican army was disproportionate: soldiers kill 8 people for each left injured.
According to the legislators of Morena, with the issuance of the law of use of force be created appropriate rules that help prevent such situations of abuse and, where appropriate, will punish 3.Ley General registry of arrests the constitutional reform that creates the National Guard establishes that any person who is arrested by this new force or by any other must be made available to the public prosecutor, and should register immediately the capture. This in order to prevent and if necessary identify irregular or arbitrary arrests.
To make this possible the legislators considered it necessary to develop and adopt the so-called General Law of registry of arrests, where is established with clarity what the registration process, what data should be included and how transparent is the same. This is in addition to the provisions defined in this law are observed in all States of the country.
Data containing this record as well as its implementation process are among the aspects that this rule should be clarified.
According to the first transitional article this law, in addition to the above, must also be ready within a maximum of 60 days that will run just the reform comes into force.
week of debate in Congress last December, the Chamber of Deputies determined to postpone the discharge in the plenum of the constitutional reform of national guard. This after several specialists, citizen organizations, and opposition lawmakers pointed out that the opinion adopted in committees not had been really discussed or analyzed.
Lee: NGOs criticise National Guard of AMLO: in 12 years, militarization not reduced violence, they say as part of this procedure in the week of 8 to 11 January will be public hearings in San Lazaro in order to listen to the opinions of personalities that were already previously invited by the Coordinator of the deputies of Morena in San Lázaro, Mario Delgado.
According to the schedule released on January 8 you will hear representatives of State Governments, from January 9 to representatives of associations and municipal governments, on Thursday, January 10, organizations of civil society, academics and experts, and the 11 January to federal government officials.
Expected with the analysis resulting from the hearings is tested possible modifications to the opinion which is expected to be analyzed and approved before the end of January at a possible extraordinary session.