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Mexico - October 2024

Constitutional amendment places National Guard under Ministry of Defence control

On 1 October, constitutional amendments that place the National Guard (GN) under the control of the Ministry of National Defence entered into force. The amendments also establish that the GN, which is a public security force that coordinates with state and municipal authorities, can participate in the investigation of crimes and that its members (military personnel with police training) can be subjects of military jurisdiction. The Federal Congress passed the amendments, which were quickly ratified by most state-level legislatures. In 2023, the Supreme Court invalidated legislation that aimed to transfer control of the GN from the Ministry of Public Security to the Defence Ministry. Experts have consistently warned about the risks of assigning permanent public security tasks to the Ministry of Defence, and have noted that the amendments defy longstanding recommendations by international human rights bodies to curtail militarization. 

Sources: Diario Oficial de la Federación, Milenio, OHCHR, International IDEA

Primary categories and factors
Info
Rule of Law -1 Rule of Law  (-1)
Predictable Enforcement
Secondary categories and factors
Info
Rule of Law -1 Rule of Law
Personal Integrity and Security

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