The transfer of elements of the Army and the Navy to the National Guard became again the most complicated point of the negotiations that the Senate and the executive power have intensified in the last hours, for the expedition of the Organic Law of this new Force.
Navy and Federal police deny sending items to the guard for lack of secondary laws
This after the government of President Andrés Manuel López Obrador raised that the more than 50000 elements of the armed forces that are intended to transfer to the National Guard, do not have to ask for leave of office either in the army or in the Navy , but only the new force is commissioned.
This situation disagrees opposition legislators, who warned that the leave of the military to the guard was an acquired commitment since the adoption of constitutional reform in the matter; They consider it an indispensable requirement to shield the profile and civilian command of the guard.
The lack of consensus on this issue provoked that at least until Wednesday night no opinion had been made public, neither the law of the Guard nor the other two secondary laws: the use of force and the record of arrests , which they expect to approve this Thursday.
Why are active soldiers in the National Guard? This was the negotiation
Legislators participating in a work table, installed last week with government representatives, confirmed to Political Animal That the military’s leave has been the most difficult point to solve in the meetings, which are carried out behind closed doors.
The BREAD senator, Julen would reminded, said that last Tuesday the work meetings were extended until shortly after midnight.
«It has been advancing. There is already agreement in most of the secondary schools. The guard is missing by several points, but above all by this license (military). We (opposition) want to be guaranteed the license and the civil profile of the guard, «he said.
The senator of Morena Eduardo Ramírez, president of the Committee on Constitutional points and who also participates in the work table, said that the main concern of the armed forces is that their elements transferred to the guard maintain their regime of Social security intact, a situation that could be complicated if they are in need of licensing.
Miguel Ángel Mancera, Senator of the PRD and former head of government of the city, said that what they are trying to agree, given the resistance of the government and brunette to contemplate the license, is that the law of the guard make clear-literally-that the transfer of elements of The armed forces are subject to recognition that they renounce active duty in their institutions of origin.
«It is necessary to ensure that the elements that are incorporated are separated. It should be remembered that the transfer of soldiers to the guard depends on a president’s agreement, and that agreement must give full assurance that they are not on active duty. This should remain in the transitional regime of the law, «said Mancera.
The PRD senator considered that this is possible without the military asking for leave, provided that the formula is «clear» that the transferred items are separated from the position. «This cannot be ambiguous, it must be clear in the allocation,» he reiterated.
For his part, Senator Damián Zepeda insisted that one of the pillars of the civil regime of the guard is that the military who transfer him are not on active duty. He felt that this is not possible without licensing, but he said that it continues to be negotiated.
It should be noted that the Navy Secretary informed Political Animal – In responding to a request for transparency – that the figure envisaged for the military being transferred to the guard is not that of the licence but that of a temporary «commission», which would culminate in five years.
In this context, Senator Eduardo Ramírez said that even though until Wednesday afternoon the opinions of secondary laws were not known, it is probable that this Thursday will be published in the Legislative Gazette, and approved in commissions and plenary. And if it’s not the case he said it might be Friday, or next week.
National Guard already operates with military, but with incomplete regulation
Same confidence control and evaluations, CNDH request and experts
The National Human Rights Commission, as well as various organizations and experts, insisted on Wednesday that the National Guard’s secondary laws must ensure the same checks and evaluations for their members (including military That are applied indistinctly to any security force in the country.
The above during the sessions of the so-called Open citizen Parliament, which was convened by civil organizations in the Senate.
Rubén Pérez Sánchez, representing the CNDH, said that only in the last four years the Seder, navy and Federal police have accumulated 72 recommendations for human rights violations, 13 of them considered as serious violations. It is a situation, he explained, that makes it essential to ensure that the National Guard (initially integrated by elements of these corporations) has strict controls.
Before the secretary Alfonso Durazo had pointed out in this interview that the control of confidence that applies to the policemen would not be necessary for the transferred military, because they were already «trustworthy».
«We are aware of the fact that the initiatives are ready to specifically see the detail, but it is clear that we must adhere to national and international standards. And there are constitutional provisions such as trust control for security personnel that cannot be bypassed, and the guard is security personnel, «he said.
Military will not test for confidence by joining the National Guard
For his part, attorney Santiago Corcuera, a member of the United Nations Human Rights Committee, agreed that the National Guard law should establish a clear system of evaluations and controls, both for the military transferred and for their New members, consistent with the standards set by the National public Safety system, and the international conventions that Mexico is obliged to respect.
«It’s not enough just to change their uniforms. The uniform does not make the policeman, «he warned.
It also stated that the Organic law should be clearly established that the participation of members from the armed forces must be transitory only, temporary, and with a well-defined exit route.
«The new members of the guard must be totally civil. And if they come from the armed forces, they must establish a time before they are prepared. Military training does not allow for automatic work in public security. Cases like that of Tlatlaya have proved it, «said he.
Criticize lack of transparency
Civil organizations reiterated their criticism of the lack of willingness of the Senate to carry out a public discussion with the citizenry, on the secondary laws of the National Guard. The figure known as open Parliament.
For example, the executive director of Amnesty International Mexico, Tania Reneaum, called it a mistake to have preferred to discuss the opinions of laws that are of historical importance in a closed door.
«It is not less what is happening and we should be deeply shocked, because it is a sign of democratic regression. A commitment to civil society that is not being fulfilled has been established. Peace must be the product of dialogue and not of parliamentary impositions, «he said.
On the other hand the collective #SeguridadSinGuerra also regretted in a statement the lack of openness for the dialogue, and that are intended to approve in an express way secondary laws for which there was still time to discuss, because the limit to issue the law of the Guard Expired on May 25, and the rest until within a month and a half.
Senators consulted on these criticisms noted that they are taking into account all the contributions of the citizen organizations, and of specialized institutions such as United Nations, Amnesty International and the CNDH, but considered that due to the Little time IS had is that we opted for this private working table mechanism, between the legislature and the executive.
The Senators Damián Zepeda and Miguel Mancera separately pointed out to this medium that they are bringing to the table the concerns of the society, and that although Brown only requires a simple majority to take forward the initiatives, one is looking to build a Consensus legislative package.
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