The Advisory Council of the National Human Rights Commission (CNDH) asked this body to file an action of unconstitutionality in case the initiative of Andrés Manuel López Obrador is approved so that the National Guard is in command of the Ministry of Defense.
Through a position, the Council expressed that this initiative is unconstitutional and represents a threat to the protection of human rights.
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“As counselors and counselors in human rights we express our highest concern since we consider that this initiative is notoriously unconstitutional and unconventional, while representing a serious threat to the protection of human rights of the population,” reads the statement of the counselors.
In the letter, the advisers warn that this proposal also contravenes all international treaties and agreements that Mexico has with other organizations and recalled that the UN itself has said that security tasks should always remain in the hands of civilians.
Members of the Advisory Council urge the #CNDH to file an action of unconstitutionality in the event that the Initiative of the Federal Executive to pass the #GuardiaNacional under the jurisdiction of the #EjercitoMexicano, is approved in its terms. pic.twitter.com/05x7ANFpuA
— Tania Espinosa (@espinosamente) September 7, 2022
The CNDH advisors warn that the president’s proposal distorts the National Guard because its origin must be civilian.
According to the legislation, once this law is approved, the CNDH will have 30 calendar days to file the action of unconstitutionality.
The action of unconstitutionality is a legal remedy that is processed exclusively before the Supreme Court of Justice of the Nation to denounce the possible contradiction between the Constitution and some norm or provision of a general nature of lower hierarchy, in this case, the modifications to the Law of the Federal Public Administration, the Law of the National Guard and the Law of the Army and Air Force.
National Guard: How is your process going?
The minutes of this law are currently in the Senate and according to the pre-opinion of the commissions, it is proposed to approve in its terms the minute that last week sent the Chamber of Deputies.
Broadly speaking, he argues that the minute sent by the Chamber contemplates positive changes for the National Guard and, with it, for the country’s public security strategy.
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