Reforms to extend the presence of the army in the streets go to congress

The plenary session of the Chamber of Deputies approved, by a qualified majority, the opinion to the minute that modifies the Fifth Transitory article of the decree that reforms various provisions of the Political Constitution, regarding the National Guard, to extend the security tasks of the army in the streets until 2028.

In a face-to-face session, after being approved in general and in particular with a qualified majority of 339 votes in favor, 155 against and two abstentions, the draft decree was sent to the state legislatures and to the City Congress. of Mexico, for the purposes of article 135 of the Constitution.

The amendments establish that the Armed Forces will participate in public security tasks in an extraordinary, regulated, controlled, subordinated and complementary manner.

Establishes a permanent fund to support entities and municipalities to strengthen their public security institutions

It mentions that during the nine years following the entry into force of the decree, while the National Guard develops its structure, capabilities and territorial implementation, the President of the Republic will be able to use the permanent Armed Forces for public security tasks.

In addition, supervised, which implies the constant review or supervision of the institutional functioning through accountability, and subordinate and complementary, in such a way that the support tasks that they provide to public security institutions can only be carried out in their aid or complement, and are founded and motivated.

The opinion indicates that the permanent Armed Forces will carry out public security tasks with their organization and means, and must be trained in the civil police doctrine established in article 21 of the Political Constitution.

It underlines that the actions it carries out will in no case be intended to replace the civil authorities of other levels of government in the fulfillment of their powers or exempt said authorities from their responsibilities.

It establishes that the Federal Executive will present to the Congress of the Union a six-monthly report, providing quantifiable and verifiable indicators that allow evaluating the results obtained in the reported period in terms of public security, and corroborate the respect for human rights and those of the peoples and indigenous and Afro-Mexican communities.

For the analysis and opinion of the reports, it adds that within a period not exceeding 60 days, counted from the entry into force of the decree and until the conclusion of the period indicated in the first paragraph, a Bicameral Commission will be formed, in the terms agreed upon by the political management bodies of the chambers of the Congress of the Union.

The Bicameral Commission will meet whenever requested by its directors and for the issuance of the semi-annual opinion, it will convene the heads of the Secretaries of the Interior, of Security and Citizen Protection, of National Defense and of the Navy.

That opinion, he adds, will evaluate compliance with the conditions established for the participation of the permanent Armed Forces in public security tasks and must indicate those federal entities where their presence in these tasks is no longer required. Likewise, it will contain the recommendations that contribute to the fulfillment of the established term.

It points out that the Bicameral Commission will send the semi-annual opinions to each of the chambers of Congress, for discussion and approval. Once approved, they will be sent to the Federal Executive, who must report on the attention given to the recommendations issued.

The opinion indicates that the Chamber of Senators, when analyzing and approving the annual reports on the activities of the National Guard submitted by the Federal Executive, will evaluate the participation of the permanent Armed Forces in public security tasks, in order to guarantee that, after the indicated period, the permanent Armed Forces conclude their participation in public security tasks, and the National Guard and the other public security institutions fully assume the powers established in article 21 of the Constitution.

The holders of the Executive Power of the federative entities will send annually to the corresponding local legislatures and to the National Council of Public Security the integral evaluation, in a perspective of six years, counted from the entry into force of the reform of the program indicated in the Seventh Transitory Article.

The results of these evaluations will be the basis for adjustments to the aforementioned program and its execution schedule by the competent bodies.

It states that, from the entry into force of the Decree, the National Council of Public Security will determine the degree of progress in the diagnosis and the programs indicated in the Seventh Transitory article of the decree dated March 26, 2019 regarding the National Guard , in order to comply with the provisions of the second paragraph of said transitory.

As of fiscal year 2023, it adds, the Federal Executive will establish a permanent fund to support the states and municipalities for the strengthening of their public security institutions, which will be established separately and identifiably with respect to any other branch or program. allocated to other purposes in the Expenditure Budget of the Federation.

The Fund may not be less in percentage terms than the increase received by the permanent Armed Forces and the National Guard for public security tasks each year and resources may not be used for any other purpose.

It underlines that the fund will be distributed in direct proportion to the number of inhabitants of each federal entity, according to the most recent information issued by the National Institute of Statistics and Geography. Up to 25 percent of said fund will be assigned to the states with the best results in terms of public security, according to the indicators established by the National Public Security Council.

In addition to these established federal resources, the holders of the executive powers of the federative entities will annually establish a fund to support the public security institutions of the municipalities, especially those with a smaller population or a greater degree of marginalization.

The resources that are assigned by each federal entity must be at least in a one-to-one proportion, with respect to the federal resources referred to in this same transitory article.

Budget items will not be exempted from transparency and oversight for reasons of national security and must be used in accordance with article 134 of the Political Constitution.

In the particular discussion, deputies from Morena, PAN, PRI, PT, MC and PRD presented reservations, which were rejected.