President López Obrador Targets His Predecessors with a Referendum on Corruption

10/20/20 (written by kheinle) – President Andrés Manuel López Obrador is throwing the weight of the Supreme Court (Suprema Corte de Justicia de México, SCJN) behind a referendum to address past cases of criminal conduct, specifically that of corruption and ties to organized crime. In a move that is politically charged and controversial, the president’s referendum seeks to allow for former Mexican presidents to be investigated and held accountable for potential criminal acts conducted while in office.

President Andrés Manual López Obrador at a press briefing in July 2020. Photo: Marco Ugarte, The Associated Press.

The Referendum’s Target

The referendum specifically looks at the administrations from the last three decades, including former Presidents Carlos Salinas de Gortari (1988-1994), Ernesto Zedillo Ponce de León (1994-2000), Vicente Fox Quesada (2000-2006), Felipe Calderón Hinojosa (2006-2012), and Enrique Peña Nieto (2012-2018). There is only one other former Mexican president still alive, Luis Echeverría, but President López Obrador did not name him in the proceedings. Those that were named, however, are accused of being involved in “privatizations rife with cronyism, spiraling violence, and an increasing concentration of wealth,” writes The Guardian.

Nevertheless, none of the five former presidents named in the referendum have any open criminal cases against them. Rather, this referendum would simply allow for the possibility that they – and future presidents – be investigated and prosecuted for alleged crimes committed in office. Article 108 of the Mexican Constitution protects sitting presidents from being charged while serving, unless the wrongdoings pertain to treason and serious crimes against the common good (“por traición a la patria y delitos graves del orden común”). President López Obrador’s referendum would simply open the door for action to be taken after the president leaves office.

The Supreme Court’s Involvement

In September 2020, President López Obrador presented the referendum along with 2.5 million signatures in support to Congress. Mexico’s National Election Institute is currently verifying the signatures on the petition to ensure the validity of the registered voters. They have a 30-day window allotted from the time the document was submitted to complete their check.

The Supreme Court holds a virtual hearing on October 1, 2020. Photo: JusticiaTV, Vivo.

In the meantime, the referendum proceeded to the Supreme Court in early October, which ruled in a vote of 6 to 5 that the referendum was constitutional and could proceed. Notably, however, the Court modified the verbiage in an 8 to 3 vote to read that investigations could be brought against “political actors,” not “ex-presidents. The judges voted to “neutralize and simplify” the wording, writes Animal Político. The language specifically changed from President López Obrador’s version, which read:

“Está de acuerdo o no con que las autoridades competentes con apego a las leyes y procedimientos aplicables, investiguen y en su caso sancionen la presunta comisión de delitos por parte de los expresidentes Carlos Salinas, Ernesto Zedillo, Vicente Fox, Felipe Calderón y Enrique Peña Nieto, antes, durante y después de sus respectivas gestiones.”

The version approved by the SCJN now reads:

“Estás de acuerdo o no en que se lleven a cabo las acciones pertinentes con apego al marco constitucional y legal para emprender un proceso de esclarecimiento de las decisiones políticas tomadas en los años pasados por los actores políticos encaminado a garantizar la justicia y los derechos de las posibles víctimas”

The final step in the referendum’s approval process will be held in June 2021 when the plebiscite, as it is technically called, will be put before the public for a vote. This will coincide with the midterm congressional elections. Writes The Guardian, President López Obrador “wants ‘the people’ to give the green light to any legal proceedings against the country’s former presidents.”

AMLO’s Progress on Corruption

President López Obrador made combatting and uprooting corruption in Mexico one of his major political platforms and election promises. His first year in office was rather quiet in terms of concrete action against corruption. In December 2019, however, one of the first big cases of corruption was unveiled with the arrest and extradition of former Secretary of Public Security Genaro García Luna in December 2019. García Luna faces four counts of conspiracy to traffic cocaine and making false statements, charges that he pleaded not guilty to in October 2020.

Then, in July 2020, two more high-profile cases of corruption came to fruition. This includes a case of corruption, embezzlement, and financial irregularities against the former governor of the State of Chihuahua, César Duarte. Additionally, the former CEO of Petróleos Mexicanos (PEMEX), Emilio Lozoya, was also extradited to Mexico from Spain to face similar charges of corruption, tax fraud, bribery, and money laundering.

In September 2020, another case broke involving seven government officials who are accused of accepting bribes from federal police officers. The accusations allege that more than 2.5 million pesos were illegally diverted from federal funds through money laundering between 2013 and 2017.

Then, on October 16, 2020, Mexican were again reminded of the systemic corruption ingrained in their government when the former head of the Secretary of Defense (Secretaría de la Defensa Nacional, SEDENA), Salvador Cienfuegos Zepeda, was arrested in Los Angeles. He faces charges in Mexico of ties to organized crime and drug trafficking. Read more about that story here.

Sources:

“Former Mexican Secretary of Public Security arrested in Texas.” Justice in Mexico. December 19, 2019.

“López Obrador administration secures two high-profile cases of corruption.” Justice in Mexico. July 14, 2020.

Agren, David. “Mexico’s Amlo proposes referendum on prosecuting country’s ex-presidents.” The Guardian. September 15, 2020.

Barajas, Abel. “Piden amparo siete exfuncionarios por desvíos en Policía Federal.” El Diaro. September 21, 2020.

“El Senado envía al INE 2 solicitudes de consulta ciudadana para poder enjuiciar a expresidentes.” Sin Embargo. September 22, 2020.

“Corte aprueba consulta ciudadana pero saca a expresidentes de la boleta.” Animal Político. October 1, 2020.

Marín, Carlos. “Fallo y reacción incomprensibles.” Milenio. October 5, 2020.

Durán, Raúl. “Juez Cogan suspende audiencia de García Luna por ruido de reporteros mexicanos.” Debate. October 7, 2020.

“Mexico’s ex-security chief pleads not guilty to drug charges.” The Associated Press. October 7, 2020.

“¿Avalarán mexicanos propuesta de AMLO para enjuiciar expresidentes?” El Nuevo Siglo. October 10, 2020.

McDonnell, Patrick J. “Mexico stunned by L.A. arrest of former defense chief allegedly on drug cartel’s payroll.” Los Angeles Times. October 16, 2020.

“Former Mexican Defense Minister Salvador Cienfuegos Zepeda Arrested by U.S. Officials.” Justice in Mexico. October 19, 2020.

Femicides hit record high as protests continue

Protestors in the famed National Palace in Mexico City during a demonstration in August to support calls for justice, accountability, and protections for women. Photo: Edgard Garrido, Reuters.

08/31/20 (written by kheinle) — Femicides continue to increase in Mexico, registering their highest monthly total on record. According to data from Mexico’s National Public Security System (Sistema Nacional de Seguridad Pública, SNSP), 101 cases were reported in June. This brought the total for the first six months of the year to 566. This comes on the heels of a 130% increase in cases of femicides documented from 2015 to 2019.

Mexico has long grappled with the problem of targeted killings of women. Nearly half (45%) of all women in Mexico reported being victims of violence at the hands of their partner, according to a 2018 survey by Mexico’s National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía e Informática, INEGI). More recently, another 18% specified that they were victims of physical abuse. Since the pandemic began in March 2020, the National Network of Shelters, a group that supports at risk women and children, reported an 80% increase in calls and a 50% increase in the number of women and children to their shelters.

The Government’s Mixed Response

With the rise in femicide cases, there has been increased attention from national and international critics imploring the Mexican government to step up its efforts. However, the reaction from President Andrés Manuel López Obrador and his administration is mixed.

The Right to Demonstrate

On the one hand, the administration is at least superficially backing women’s rights and the public’s constitutional right to protest in support of protections for women. For example, following several demonstrations in Mexico City and León, Guanajuato in August, the president used his platform to denounce efforts to silence the public. He vocally supported the protestors’ right to protest, but urged them to do so peacefully. “We have to respect the right to dissent and the freedom to protest, to respect and to be tolerant, but more than anything to respect [the right],” he said. “There should not have to be repression.” [Author’s translation]. He then stressed upon demonstrators to protest and gather non-violently, drawing on non-violent icons like Gandhi and Martin Luther King, Jr. to drive home his point.

A protestor in Mexico City.
Photo: Pedro Pardo, AFP / Getty Images.

An Insufficient Response

Yet President López Obrador has also come under fire for what protestors have long argued has been his insufficient response to the inequities that women face. In 2020, there have been numerous public protests denouncing the government’s ineffective and inadequate response to femicides. Critics argue that the president is dismissive of both the femicides and protests that have ensued this past year. He often undermines the severity of the issue, attributing the violence to a loss of values and morality, notes media reports. In fact, he recently claimed that “Mexican women have never been as protected as now,” a point against which demonstrators continue to push back.

Reports also show the López Obrador administration proposing to cut funding to women’s shelters in July of this year, the same shelters that support the women facing femicide, domestic violence, and other targeted violence. As The Guardian reports, in early July, “the government approved a 65% budget cut for the federal women’s institute, and the president has also proposed to withdraw state funding for women’s shelters operated by NGOs, suggesting that women fleeing violence could instead be given a cash payment.”

Additional Resources

Justice in Mexico has looked extensively at femicides in Mexico, most recently as part of its publication, “Organized Crime and Violence in Mexico: Special Report 2020.” This also includes an analysis on the topic of international conventions to which Mexico is a signatory that are in place to protect women. For a breakdown of the legal context of femicide – what it is and what it is not – check out this post. For an overview on the civil unrest and protests in support of women’s rights and safety, there are also several write ups from March and July of this year. Finally, Justice in Mexico looked at the disproportionate dangers women face during the ongoing global pandemic, resulting in a rise in cases of domestic violence resulting from the “Stay Home” initiative.

We will continue to monitor and analyze the trends relating to femicide, its impact on women, and the society’s response. 

Sources:

“Women Voice Ire, Fear as Femicides Continue to Rise in Mexico,” Justice in Mexico, March 10, 2020.”

Gatitos Contra la Desigualdad, “Feminicidio: una pandemia invisible,” April 24, 2020.

Oscar Lopez, “Mexico City mayor promises to eradicate violence against women,” Reuters, July 9, 2020.

David Agren, “Femicides rise in Mexico as president cuts budgets of women’s shelters,” The Guardian, July 22, 2020.

Laura Calderón et al, “Organized Crime and Violence in Mexico: Special Report 2020,” Justice in Mexico, July 30, 2020.

“Mujeres y policías chocan en Ciudad de México en una marcha contra el machismo,” La Oferta, August 16, 2020.

“Resultan lesionadas tres personas en marcha feminista de la CDMX,” El Universal, August 16, 2020.

Pedro Villa y Caña, “Pide AMLO respetar derecho a manifestaciones de mujeres en León,” El Universal, August 24, 2020.

“Jessica, Marcela, Danna y Fernanda, 4 feminicidios que sacuden a México,” El Universal, August 27, 2020.

“La niña también traía tatuajes por todos lados”, dice fiscal de BC sobre feminicidio de Danna,” Animal Político, August 27, 2020.

López Obrador administration secures two high-profile cases of corruption

07/14/20 (written by kheinle) – In the first week of July, the López Obrador administration netted two high-profile cases of corruption. One case includes the former governor of Chihuahua, César Duarte. The other involves the former CEO of Petróleos Mexicanos (Pemex). Both suspects will be extradited back to Mexico where they face charges of corruption, among other counts.

Ex-Governor Duarte

Former Governor César Duarte. Photo: Wikimedia Commons.

Former Governor Duarte was arrested in Miami, Florida on Wednesday, July 8. The Mexican government sought his extradition on corruption charges stemming from an audit of the Duarte administration’s finances. The audit led officials to question “the possible diversion of the equivalent of about $320 million [USD] in government funds in 2016, when Duarte was governor,” writes The Associated Press. According to official documents, there was “significant irregularities” in the administration’s spending. Along with the help of some of his staff, Duarte “embezzled state funds for the benefit of himself and his associates,” the court filings read. He also faces charges of illegal campaign financing. He served as governor of Chihuahua from 2010 to 2016.

Chihuahua Judge María Alejandra Ramos Durán ordered Duarte’s arrest in October 2019 to face said charges. Previous requests had also been made, the first one coming in March 2017 from Chihuahua’s District Attorney. Animal Político writes that since the initial request, Duarte was considered a fugitive and placed on Interpol’s radar. At that time, Duarte was already residing in the United States, where he had swiftly relocated in November 2016 following his time in office. He then proceeded to overstay his temporary six-month visa in the United States. According to Chihuahua Governor Javier Corral Jurado, in the past five years, Duarte amassed more than 50 properties in Florida, New Mexico, and Texas, among others.

The U.S. Justice Department and U.S. Marshals led the effort to capture Duarte. Following the arrest, Santiago Nieto, the director of Mexico’s Treasury’s Financial Intelligence Unit (Unidad de Inteligencia Financiera, UFI), commented, “No one is above the law.” Duarte was arraigned in U.S. court on July 10.

Former Head of PEMEX

One week prior to Governor Duarte’s arrest, Spain approved the extradition of Emilio Lozoya. the former CEO of Petróleos Mexicanos (PEMEX). Lozoya ran Pemez – Mexico’s state-owned petroleum company – from 2012 to 2016. The suit against Lozoya, which was opened in May 2019, was the first high-profile case of corruption that President Andrés Manuel López Obrador launched after taking office six-months prior. Spanish officials arrested Lozoya in southern Spain in February 2020. 

Former Pemex CEO Emilio Lozoya and then Governor of the State of México Enrique Peña Nieto at the World Economic Forum on Latin America in 2010. Photo: Flickr.

The former CEO faces charges of corruption, tax fraud, bribery, and money laundering. Some of his alleged crimes tie in with the corruption scandal that unfolded with Brazilian construction company Odebrecht. According to the Associated Press, “The court documents say Oderbrecht allegedly offered [Lozoya] $6 million [USD] in bribes to get a contract for renovating an old oil refinery. The Brazilian firm allegedly wound up paying him $5 million.” However, the amount received may be significantly higher, according to conflicting media reports. Some sources say that Lozoya “allegedly took more than $10 [million] in bribes from Odebrecht starting in March 2012.” There are also allegations that Lozoya participated in bribery and money laundering with a Mexican fertilizer plant that Pemex purchased at a rate higher than market value.

Although he continues to deny wrongdoing, Lozoya did agree to cooperate with Mexican officials in the investigation. This does not come as a surprise to some, notesThe Associated Press. “…Many in Mexico had expected Lozoya might implicate others in the former ruling Institutional Revolutionary Party, the PRI, perhaps including former [P]resident Enrique Peña Nieto…” Lozoya had a close working relationship with President Peña Nieto (2012-2018), who himself had faced serious criticism for his administration’s fledgling efforts to curtail corruption.

Capacity to Combat Corruption (CCC) Index 2020

Duarte’s and Lozoya’s arrests come on the heels of a report co-published in June by the Americas Society / Council of the Americas and the consultancy firm, Control Risks. The report, “The Capacity to Combat Corruption (CCC) Index 2020,” looks at Latin American countries’ capacity and capability to ‘detect, punish, and prevent corruption.’” The authors criticize President López Obrador for failing combat corruption despite campaign promises to do so. Read more about that report and its critical findings here.

Still, the recent arrests and agreed upon extraditions in July 2020 are two important victories for the López Obrador administration.

Sources:

Harrup, Anthony and Juan Montes. “Mexican Investigators File Corruption Charges Against Pemex Ex-CEO.” The Wall Street Journal. May 27, 2019.

“Efforts to Combat Corruption in Mexico Exemplify the Depth of the Problem.” Justice in Mexico. June 11, 2019.

Simon, Roberto and Geert Aalbers. “The Capacity to Combat Corruption (CCC) Index 2020.” Americas Socity / Council of the Americas and Control Risks. June 8, 2020.

“Corruption in Mexico Persists Despite Campaign Promises.” Justice in Mexico. June 24, 2020.

“Extreme corruption on charge sheet of Mexico’s ex-oil chief.” The Associated Press. July 6, 2020.

“Spain court approves extradition of Mexico’s former oil chief.” Al Jazeera. July 6, 2020.

“Ex-Mexico governor arrested in Miami on extradition request.” The Associated Press. July 8, 2020.

“César Duarte acumuló 50 propiedades en tres estados de EU, indica Corral.” Animal Político. July 9, 2020.

“César Duarte comparece mañana a través de video en Miami.” El Universal. July 9, 2020.

Corruption in Mexico Persists Despite Campaign Promises

President López Obrador speaks at the conclusion of the “March Rally in Defense of Oil” in Mexico City in 2013.
Photo: Wikimedia Commons.

06/24/20 (written by kheinle) – A new report finds that Mexico is faring no better in combatting corruption in 2020 than it did in 2019. The report, “The Capacity to Combat Corruption (CCC) Index 2020,” looks at Latin American countries’ capacity and capability to ‘detect, punish, and prevent corruption.’ It does so against the backdrop of the coronavirus pandemic, noting that “in this environment of emergency spending, relaxed controls, and remote working, the risk of corruption and mismanagement of funds has increased.”  Roberto Simon, Senior Director of Policy at the Americas Society / Council of the Americas based in New York, and Geert Aalbers, a partner at Control Risks consultancy organization out of London, co-authored the report that published on June 8, 2020.

Corruption at the National and Regional Levels

Of the 15 Latin American countries included in the Capacity to Combat Corruption index, Mexico ranks in the center in the eighth position with an overall score of 4.55 out of 10.00, just slightly slower than its 2019 score of 4.65. Uruguay ranked highest on the list with the most effective means to combat corruption with a score of 7.78. Continuing to face a humanitarian, political, and economic crisis, Venezuela ranked lowest on the list with a 1.52. The scores are based on 14 indicators (e.g., independence of judicial institutions, strength of investigate journalism) and three sub-categories (legal capacity; democracy and political institutions; and civil society, media, and the private sector). Data is collected from a range of international and national sources, including the World Bank and UNESCO, and from surveys conducted by the report’s co-author, Control Risks.

Looking at the three sub-categories, Mexico ranked eighth region-wide in legal capacity with a score of 4.15 out of 10.00. It also ranked eighth in democracy and political institutions (4.55 of 10.00), and sixth in civil society, media, and the private sector (6.24 of 10.00).

AMLO’s Campaign to Combat Corruption

When looking at levels of corruption since 2019, the report summarizes that “not much has changed for Mexico. In fact,” it continues, “the country has stagnated and maintains a poor ability to detect, punish, and prevent corruption.” This highlights the failure of the López Obrador Administration to adequately address corruption despite campaign promises to do so. “One of the most important [factors that explains Mexico’s paralysis] is having not yet advanced long-term institutional reform.” The authors call out several specific concerns.

First, President López Obrador has largely bypassed or “ignored” the checks put in place by the National Anticorruption System (Sistema Nacional Anticorrupción, SNA). Second, the president has increased the use of public funds on massive infrastructure projects and on combatting the coronavirus. For its part, the COVID-19 pandemic exacerbates Mexico’s already fraught struggles to combat corruption with the government’s largely unchecked spending amidst real-time, emergency, public health responses. “This combination will only increase the risk of more corruption,” cautions the report.

Former Mexican President Enrique Peña Nieto signs into law the National Anticorruption System in July 2016. Photo: Flickr, Presidencia de la República Mexicana.

Third, the president has continued to undermine and diminish the role of nongovernmental organizations and civil society – a sector that had grown more active in recent years in combatting corruption and calling attention to the need for reform. Finally, the nation’s Financial Intelligence Unit (Unidad de Inteligencia Financiera, UFI) has “drastically expanded its activities” in bringing potential cases of corruption against institutions, which ironically has reduced the independence and efficiency of the very anti-corruption agencies that it monitors, writes El Universal. When comparing such independent variables at the regional level, “Mexico appears to be ranked significantly below other countries like Peru, Colombia, and Brazil, and more closely to Guatemala and the Dominican Republic.”

Public Perception and High-Profile Cases

Corruption in Mexico is nothing new. According to Transparency International’s Global Corruption Barometer 2019, 44% of Mexicans interviewed in 2019 thought corruption had increased in the previous 12 months. An additional 34% of respondents had paid a bribe in the previous 12 months, a 10% decline from 2017. When asked if they believe most or all people involved in certain institutions are corrupt, 69% of respondents said police are, 58% said government officials are, and 65% said members of Congress are.  

Still, the López Obrador Administration has made some noteworthy investigations into high profile cases of corruption. This includes against the former Secretary of Public Security (Secretaría de Seguridad Pública, SSP), the former CEO of Petróleos Mexicanos (PEMEX), the former head of Altos Hornos de México, and more than a dozen sitting judges and magistrates, including a Supreme Court Justice. Despite these advances, such cases of high-ranking officials and the general presence of corruption throughout Mexico’s government demonstrate just how pervasive and rooted the problem is.

Sources:

“Efforts to Combat Corruption in Mexico Exemplify the Depth of the Problem.” Justice in Mexico. June 11, 2019.

“Global Corruption Barometer: Latin America & The Caribbean 2019: Citizens’ Views and Experiences of Corruption.” Transparency International. September 2019.

Website. “Global Corruption Barometer: Latin America and the Caribbean: Mexico.” Transparency International. September 2019.

“Former Mexican Secretary of Public Security arrested in Texas.” Justice in Mexico. December 19, 2019.

“México sigue reprobado en lucha anticorrupción, según Índice de Capacidad para Combatir la Corrupción 2020.” El Universal. June 8, 2020.

“The 2020 Capacity to Combat Corruption Index.” Americas Society / Council of the Americas. June 8, 2020.

Simon, Roberto and Geert Aalbers. “The Capacity to Combat Corruption (CCC) Index 2020.” Americas Society / Council of the Americas and Control Risks. June 8, 2020.

Bugarin, Inder. “Con la 4T, ven estancado combate a la corrupción en México.” El Universal. June 10, 2020.

“The 2020 Capacity to Combat Corruption (CCC) Index.” Americas Quarterly. Last accessed June 21, 2020.

AMLO’s Decree Further Militarizes the Public Security Strategy

AMLO rides in ceremony for National Guard inauguration
President Andrés Manuel López Obrador at the inauguration of the National Guard in 2019. Photo: Cuartoscuro.

06/12/2020 (written by kheinle) – President Andrés Manuel López Obrador took steps to further institutionalize the military in addressing public safety. On May 11, the president signed an executive decree that expands the armed forces’ involvement in internal affairs nationwide until March 2024 or until the National Guard can assume the responsibilities.

The decree is officially published as, “AGREEMENT that makes the Armed Forces permanently available to fulfill public security duties in an extraordinary, regulated, fiscally managed, subordinate, and complementary manner.” Additional responsibilities include supporting investigations, “detaining suspects, securing crime scenes, and carrying out arrest warrants,” writes the Washington Office on Latin America (WOLA). Despite assuming more domestic duties, however, the decree does not expand oversight on the military. Soldiers will continue to be held to their own internal controls instead of being accountable to civilian institutions.

Why the Increase in Military Presence?

The military is being called into action to curb the continuing rise in crime and violence, which is currently at an all-time high. Mexico’s most violent year on record was 2019 with 35,588 homicides, according to the National System of Public Security (Sistema Nacional de Seguridad Pública, SNSP). This year is on track to be even higher. There were also more homicides in March 2020 than any other month under the López Obrador Administration (2,616 cases of intentional homicide and 3,000 victims), prompting the president to act.

President López Obrador assigned the National Guard to temper migration flows at the country’s northern and southern borders. Photo: Notimex.

The military’s presence will complement the work of the National Guard, which has arguably not evolved into the force that the president had hoped since it launched in July 2019. President López Obrador created the unit, which now has more than 100,000 troops enlisted, to combat the country’s ongoing challenges with organized crime and violence. Yet the Guard’s responsibilities in public security have adapted considerably since the outset. During their first year on the ground, National Guard troops were largely charged with aiding Mexico’s response to migration influxes at the country’s northern and southern borders and more recently with supporting efforts to curb the COVID-19 pandemic. Duncan Wood, director of the Mexico Institute at the Woodrow Wilson Center, commented, “The fact is the National Guard is simply an insufficient response to the violence in Mexico. This was always going to be the case,” he continued, “but with all of the extra responsibilities the Guard took on related to forced migration, there are extreme shortages in the workforce.

The president’s newly signed decree hopes to address the rise in violence by bringing in the military to alleviate some of the responsibility of the National Guard until that force is fully capable of handling the task.   

Human Rights Concerns

The military’s presence in domestic affairs continues to raise red flags given the institution’s record with violating human rights. Said Santiago Aguirre, the director of the Miguel Agustín Pro Juárez Human Rights Center in Mexico City, “In effect, the army and navy are going to be handling police duties until 2024. [Both] have a long history of not being accountable, especially in cases of serious human rights violations.”

Photo: Guardia Nacional.

Concern over the National Guard’s responsibility in violating human rights also persists. The Guard was created as an institution with more accountability to civilian authority. When Congress approved the force in 2019, it instituted constitutional changes that established human rights protocols and protections overseeing the unit. Nevertheless, the National Guard is arguably a militarized force, much to the concern of human rights organizations.  

Maureen Meyer of the Washington Office on Latin America highlights several ways in which this is so. First, over 75% of the National Guard is composed of soldiers, according to a Mexican government report. This is likely impacted by the fact that National Guard recruitment centers are all located on military bases. Second, the leader of the National Guard has roots in the military as a former member of the armed forces and as a retired general. Finally, the National Guard’s funding and equipment comes from the military.

In her article, Meyer recognizes that the National Guard does indeed have fewer cases of human rights violations documented against it as compared to the military, but it still has some. “Between July and November 2019, the CNDH [National Human Rights Commission, Comisión Nacional de Derechos Humanos] reported receiving 32 complaints of human rights violations committed by members of the National Guard, including accusations of migrant abuse, torture, and arbitrary detention,” she wrote. Such complaints have continued into the new year.

With a more militarized National Guard and the president’s decree to put the military back on the streets, it will be important to monitor potential rises in human rights violations.

Sources:

Daly, Catherine et al. “Armed with Impunity: Curbing Military Human Rights Abuses in Mexico.” Justice in Mexico. July 2012.

“AMLO deploys National Guard amidst controversy.” Justice in Mexico. July 24, 2019.

Gobierno de México. “Informe de seguridad, Guardia Nacional y combate a la delincuencia organizada.” YouTube. April 24, 2020.

Agren, David. “López Obrador accused of militarizing Mexico with new security decree.” The Guardian. May 11, 2020.

Diario Oficial de la Federación. “ACUERDO por el que se dispone de la Fuerza Armada permanente para llevar a cabo tareas de seguridad pública de manera extraordinaria, regulada, fiscalizada, subordinada y complementaria.” Secretaría de Gobernación. May 11, 2020.

Rivers, Matt and Jackie Castillo. “Andrés Manuel López Obrador ordena que los militares vuelvan a las calles para combatir la creciente violencia.” CNN Español. May 12, 2020.

Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública. “Incidencia delictiva.” Goberino de México. May 20, 2020.

“Versión estenográfica de la conferencia de prensa matutina del presidente Andrés Manuel López Obrador.” Sitio Oficial de Andrés Manuel López Obrador. May 20, 2020.

Meyer, Maureen. “One Year After National Guard’s Creation, Mexico is Far from Demilitarizing Public Security.” Washington Office on Latin America. May 26, 2020.

Centro Nacional de Información. “Incidencia Delictiva del Fuero Común 2020.” Secretaría de Seguridad y Protección Ciudadana, Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública. May 2020.

Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública. “Víctimas y unidades robabas, nueva metodología.” Gobierno de México. Last accessed June 12, 2020.