translated from Spanish: National Guard, incomplete pending regulation force

National Guard Constitution approved last March can now operate in the country, albeit in incomplete form. In the absence of a law from defined requirements of recruitment and, Therefore, of elements formed and trained, single deployment can be performed with military transferred, trained by the army and the Navy, under some conditions.
The constitutional reform of National Guard, published in the official journal of the Federation, said that this new force needed three supplementary laws, none of which has been issued.
One of them is the The National Guard law that, according to constitutional reform, should meet at least eight aspectsfrom the formation and regulation, to collaboration with the States.
The second transition of reform article also indicates that the National Guard You can settle initially for military and naval police, and that while it lacks a law itself cannot work, temporarily, under cover of the law of the Federal Police.
However and so that it is carried out, the same article indicates that the President should issue general agreements, in which order the transfer of the military.
So far they have officially announced no publicized the issuance of such agreements, despite the fact that last Friday already announced the deployment of military converted into national guard, and that the Secretary for security, Alfonso Durazo, justified in a Tweet this deployment.
The federal Government It has not detailed what training would have given the military transferred to the National Guard, so that meet the profile of civilian police that establishes the constitutional article 21.
Alfonso Durazo said it would be necessary to apply police trust controls the military transferred to the guard. According to experts and lawmakers who approved the reform, this It contradicts provisions of the law of the national system of public security where warned is that all doomed to this task element should be control of trust.
The constitutional amendment authorizes only the transfer of military and naval police the new force, but not of elements of conventional battalions. However, the newspaper Reform He has published in its edition of April 27 with cuff, National Guard troops distributed in Minatitlan were soldiers of the 29 military zone, and that one of them said that “put it the cuff and now”without reference to a formal transfer or training.
The opinion of constitutional reform approved by the Senate also pointed out in the section on considerations that the military transferred to the guard should request leave in charge, a situation which nor has it been given. Durazo said even that – under consideration of the Government – this license would not be necessary.
It should be recalled that just a month ago the Secretary for security had pointed out, in a next President press conference from Tijuana, that the first troops of the National Guard deployment would take about three months, term that would be fulfilled until the end from June. Meanwhile, the Secretary of Defense, Luis Cresencio Sandoval, said that training in public safety issues involves a period of five months.
What is missing, to detail
The constitutional opinion adopted in respect of national guard presents three complementary to the same laws. One is the law of national guard that should be adopted within a period of 60 days following the Decree approved (and which met on 26 May), and the other two are the use of force and arrests registration laws.
The law of the National Guard is the standard that will give legal validity to this new force, and govern their formation and collaboration. Constitutional reform It raises 8 issues to be addressed by this law, among them: the requirements that must be satisfied members, evaluation criteria, its hierarchical, organic structure and discipline regime and conditions of collaboration with entities and municipalities etc.
On 11 April the Government gave a proposal of this Bill to the Senate, which includes, inter alia, that the elements of the guard should be subjected to tests of trust. In the case of transferred military, pointed out that they must comply with police training.
Senators consulted by Political animal they have pointed out that this is a working document that will be debated and may change, and pointed out that in order to comply with the legal deadline of 60 days that the Constitution, It could be convened to a special in May.
This session also provides discussion and approval of the other two complementary laws, of which initiatives have already presented. The details of the initiative’s use of force can be found in this note, and record of arrests in this note.
Irrespective of the legal section, the National Guard requires other elements such as, for example, infrastructure. The Secretary of Defense has pointed out that it will have own barracks in various regions of the country, however, so far there are no such facilities for what is expected to occupy temporarily have the armed forces.
The national defense secretariat said in response to a request for transparency which manufactured a batch of test, with 900 National Guard uniforms. This is a fraction of the 80 thousand required for this year, according to the goal set by the Government itself. In terms of armament had been announced since transferred soldiers keep their weapons and utensils, by what is required to manufacture only for new recruits.
Secretary Alfonso Durazo has estimated the investment this year in the National Guard of 15 to 20 billion pesos; so far not been confirmed, by authorities who manage the budget, if they are approved resources.
And the preparation and evaluation?
The Government has repeated on several occasions that this year expected to have more than 80 thousand elements integrated to the National Guard. Of them more than 40 thousand will come from the armed forces, and the rest will be new members.
What have not given official details is the training and evaluation programmes that must meet both new recruits, as well as the transferred elements of the armed forces.
In an official response to a request dated transparency last March, the Sedena said to Political animal that while it would take care of the recruitment of the elements, requirements and preparation of them still were defined.
A document of national defence that this medium had access evidence that last December were commanders of the military police provided a manual of police of proximity, elaborated by the Ministry of the Interior, in order to be studied and spread between its elements.
Military sources also unofficially confirmed that Nuevo Leon it was launched a police training to staff of the national defense program.
Meanwhile, senators who participated in the process of approval of the reform as Miguel Angel Mancera and Julen Rementería, stressed that the National Guard law and its subsequent regulations are the rules to be established with precision training and evaluation that it must comply with the elements. As already stated, it is still approved laws.
The owner of Sedena, Luis Cresencio Sandoval, has repeated that the elements of the Guard will receive police training in human rights and that the preparation for new recruits would take eight months, of which five are in preparation of safety public (of which also lack the military).
Durazo had pointed just on 27 March, at a press conference in Tijuana, that the first effective national guard the Government could deploy in three months, however announced since last Friday the deployment of some elements.
And questioned on April 11 on the control of trust for the elements of the guard, the Secretary for Security said that it would apply for the elements of Federal Police to be transferred as well as new recruits, but dismissed to go to apply for military and naval police officers transferred to the new force.
Experts from organizations such as the collective #SeguridadSinGuerra and opposition legislators have pointed out that the lack of control of confidence in the military transferred to the guard, as well as the fact that don’t ask for license in the armed forces, violating conditions stipulated in the constitutional reform and could make way for legal action against those decisions before the judiciary.
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Original source in Spanish