Mexico's Constitutional Reforms Series | National Security Reform

MEXICO´S 2024 CONSTITUTIONAL REFORMS

National Security Reform 

Background: On February 5, 2024, President Andres Manuel López Obrador (AMLO) proposed a national security reform to fully consolidate the newly created National Guard (NG) under Mexico’s Secretary of Defense (Sedena). This proposal would impact U.S. and private sector interests and is set to be debated by Congress in September, one month before Sheinbaum's inauguration on October 1. In 2019, AMLO’s government replaced the Federal Police with the NG, an institution primarily composed of military personnel, despite its civilian status. While the NG originally was supposed to fall under the purview of the Secretary of Citizen Security and Safety (SSPC), Congress transferred control of the NG to Sedena in 2022, violating the Constitution. Despite a Supreme Court ruling against the transfer of the NG into the SSPC in early 2024, AMLO extended the involvement of the military in public security duties until 2028.

Mexico’s Security Assessment: Mexico's security situation is complex, marked by high levels of violence, the militarization of previous civilian forces, impunity, systemic corruption, and socio-economic challenges. The effectiveness of past and current security measures and reforms to solve Mexico’s insecurity problem is a contentious issue and has evolved over time.

Reform Proposals: Main Intended Changes 

1. Total militarization of public security: Permanently militarize federal public security by officially transforming the NG into a military entity under the command, structure, and culture of SEDENA. SEDENA’s control over NG personnel and resources would include budgetary and material assets, increasing SEDENA´s capabilities by 40%, and its budget would reach over 400 billion pesos in 2024.
2. Endorse tasks outside military discipline: Remove the longstanding prohibition of assigning civilian functions to the Armed Forces, enabling them to engage in various non-security duties such as the construction of infrastructure projects, migration management, environmental protection, public health, and education.
3. Military jurisdiction: NG members that commit crimes and violate human rights would be judged under military jurisdiction.

Will the reform solve Mexico´s security crisis? No.Militarization in Mexico, as demonstrated for the past 16 years, has been ineffective in resolving the security crisis. It has often led to increased violence and human rights abuses, as the military's focus on combat operations clashes with the community-focused needs of civilian policing. Such an approach has also resulted in a lack of accountability, as the military is less transparent than civilian agencies. This reform also fails to address the root causes of crime. 

Consequences for Mexico and the US-MX bilateral relationship

• US-MX Collaboration: Cooperation between US security agencies and Mexico's military could be negatively affected, as the military becomes less inclined to share information with the Mexican government and international counterparts due to stricter privacy regulations. The Sedena has also traditionally been less inclined to cooperate with US counterparts. 
• Reduced Transparency: With reduced transparency mechanisms, the army is more likely to classify information as ‘national security,’ leading to increased corruption and diminished financial disclosure.
• Economic Expansion: The military's increasing involvement in government affairs and infrastructure projects will bolster its political and economic power, making militarization more entrenched and difficult to reverse.
• Violence Increase: The use of the military for public security has proven to increase violence levels, given that the training and nature of the armed forces are different from civilian police forces.
• Deterioration of prosecutorial capacities:Crime prevention, investigation, and prosecution could suffer as the military lacks such specialized functions, and with the federal police dissolved, prosecutorial capabilities suffer.
• Detriment of local security: Further weakening and less funding for municipal and local police agencies, which already lack sufficient funding and capabilities.
• Additional business expenses: Insecurity raises operational risks and costs, deterring investment. High crime rates lead to increased security expenses, business disruptions, and potential asset damage.
• Human Rights Abuses: By granting military jurisdiction to NG members, human rights abuses will likely keep rising.

The content discussed is based on the original proposals presented by President López Obrador in February of this year.

The reforms will be discussed by the newly elected Congress starting September 1, so the proposals' contents may change.

For more information, please visit https://www.wilsoncenter.org/collection/constitutional-reforms-mexico