the morning of February 21 senators from all parties announced, amid an atmosphere of euphoria, that a consensus had been reached to create a national guard under a completely civil command. A draft of the opinion released moments before by some lawmakers and signed by the leaders of the banks, included in its transitory articles a statement confirming the above.
They are the soldiers who comandarán the National Guard
“not found in active in the permanent armed force” stated in the minimum requirements that should meet the members of the guard.
But before the vote in plenary, this line of the document disappeared. Neither the opinion released on the page of the Senate or in the Decree published in the official journal of the Federation included it. The collective security without war, which had celebrated the adoption of the draft which included this statement, realized one day after the change.
What happened?
Sources who participated in the negotiations confirmed that all took place during the night of 20-21 February morning. They pointed out that, in fact, initially agreed modifications to the minutes that weeks before sent members added the express prohibition for soldiers on active duty in the guard.
This prohibition was contained in paragraph 7 of article transitional quarter of the Reformation, where establishing clauses that should be included in the law on the National Guard. Textually says: “the requirements that must be met by its members, which must not be in permanent armed force“.
this is the full document showing that condition: which crimes will fight? What happen will with the soldiers? The keys to the national guard when the draft was submitted to advisers of the Secretary of national defense and the Ministry of the Interior these is alerted for the sentence. An emissary of the Interior moved to the Senate where he met with legislators continued debating the agreement and requested that that paragraph was modified. This in the middle of the night.
“What he told us, in short, is that Sedena advisers had warned that a soldier even when you say license, would remain a military asset. Leave the statement that would literally prevent the transfer of any element of the armed forces National Guard, something that was a priority for the President and for the Sedena”, one of the legislators who was present said.
Negotiations is thus extended until the next morning, even with the draft already leaked to journalists and activists that kept the ban on military active.
Finally, before reaching the full Senate on the evening of the 21st of February, the numeral 7 transitional quarter reform was modified disappearing the prohibition that had military active. Instead the text was thus:
“Requirements that members, in accordance with the applicable laws shall comply…”
the Senators agreed to this amendment requested by the Government of President Andrés Manuel López Obrador, in Exchange for which in the opinion of reform considerations section (paragraph which does not appear in the published decree in the) Diario Oficial de la Federación) included a paragraph indicating that the military which, in his case will be transferred to the guard, must order license.
“We want to highlight the agreement reached to make national guard law established requirements to be met by its members, among which it is from elements of the permanent armed forces. It is required to have obtained license to separate from active duty under the terms of the applicable laws”, designates the paragraph included in the considerations.
This is the full document already with the express elimination of military active in the transient and the paragraph of the license of the military in the considerations:
but neither her boss nor military transferred ask license
contrary to the stipulated in the paragraph mentioned, nor the general who was appointed as Chief of the National Guard, Luis Rodríguez Bucio, on current process of withdrawal, nor any other of the more than 30 thousand troops from military and naval police expected to be transferred to the National Guard will ask license.
This was confirmed it in an interview with Animal politician in the Senate, the public safety Secretary, Alfonso Durazo, after a private meeting with lawmakers where delivered the package of secondary legislation that will accompany the guard National.
In the case of the general Rodríguez Bucio, Durazo Secretary stressed that he is no longer active because it is in the process of withdrawal, for which estimated that there will be no problem.
“It is not necessary to request license for two reasons. First of all because its regulatory process of withdrawal ends in August. But in addition once you start the process of withdrawal six months earlier, enter now in the qualification of withdrawal. And at the same time it would be commissioned once it assumes the responsibility of the National Guard,”said.
Durazo said the “great prestige at national and international level” which has the general Rodríguez Bucio and his unblemished career in more than 45 years of experience.
And questioned above if the elements of the military and naval police that are transferred to the Guard must order license, the Secretary responded to nor will need since it is enough to be commissioned to the new force.
So said Durazo express question if these troops must seek license from army and Navy: ‘No. The fact pass Commissioners already de-linking (guard) of the Ministry of national defense and the Secretary of Navy. And them even when they are commissioned will then return to the army and Navy to regain their rights”said.
Army presents uniforms that will use the elements of the National Guard
experts and lawmakers differ consulted
by political Animalexperts and legislators considered that even when removed the express prohibition of naming military active in the opinion of the National Guard, the reform is clear in that it is a civilian security force. In that context, they considered the general named as Commander of this force should be if asked to leave.
The academic Alejandro Madrazo, who participated in the public hearings, said even that even asking for license the appointment of domed military at the head of the National Guard was not desirable.
“The appointment is unconstitutional but asks license or is retired. It is a public policy error because it continues and deepens the militarization Calderon. “And it is very bad signal because it talks about a President who does not respect to the Constitution, nor the political agreements”, said Madrazo.
The PAN Senator Julen Rementería, Member of team of the Senate which achieved consensus for reform, insisted that while deletion of the express prohibition of active military this new force is of civil order. However it considered that it is important that there is the license of the elements.
“The essence of civilian national guard that is safeguarded by their condition and civil nature, but above all because any failure will have to respond to civilian courts and never soldiers, accordingly (if) the command requested license and follow “being considered by the militia active not makes difference with respect front of who should appear in the event of faults”, said Rementeria.
Alfredo Lecoña, Member of the collective #SeguridadSinGuerra, confirmed that they realized the Elimination of the impossibility of service members a day once the reform was approved.
Nevertheless, he agreed that the National Guard is constitutionally set up as a civil force and non-military. In that sense, he warned that the appointment of military personnel who have not asked for license affects the chain of command, since their superiors are not civil, but the Secretaries of the Navy and national defense.
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