Inter-American Commission of Human Rights urges Mexico to take measures against the militarization of public safety

14-09-2022

Patricio Trincado Vera

International Justice and Human Rights Researcher

Global Human Rights Defence

This 9th of September, the Inter-American Commission on Human Rights expressed its concerns regarding the new regulation of the Mexican National Guard (Guardia Nacional) to the National Defense Secretary (SEDENA). According to the Commision, these provisions contradict the international commitments of the Mexican state with respect to the need for demilitarisation of public safety in the Latinamerican country.  

The new modifications introduced by the Senate on the 9th of September, among other things, assign the operative and administrative control of the National Guard to the SEDENA. These provisions also seek to ‘facilitate’ the collaboration between the National Guard and the Armed Force in public safety issues. They also establish that the military personnel that take part in the National Guard tasks continue to be under military jurisdiction. 

The Inter-American Commission considers that every public safety policy must entail an organisation that is independent from the Armed Forces, with a civil police structure that can effectively prevent crimes, protect civilians, and respect human rights. These aims are essentially different from the Armed Forces, who are in charge of the defence of national sovereignty. According to Inter-American standards, public safety must be enforced by civilian police bodies. In Alvarado Espinoza et al v. Mexico, the Inter-American Court stated that Armed Forces can only participate under extraordinary circumstances. 

According to what the Commission has observed, these last modifications to the National Guard has consolidated the military nature of this institution. According to the Annual Report 202, the Commission warned that Mexico is yet to comply with its demilitarisation obligation. Militarisation poses several risks for the protection of human rights. The Commission also recommends Mexico to preserve the exceptionality of military jurisdiction. In that sense, the Commission urges Mexico to reconsider these new legal modification in order to fully comply with its Inter-American obligations. 

Sources and Further Reading:

Inter-American Commission of Human Rights (2022, September 9). CIDH: urge que México adopte una política de seguridad ciudadana que responda a las obligaciones internacionales en derechos humanos. Inter-American Commission of Human Rights Press releases. Retrieved September 14, 2022, from http://www.oas.org/es/CIDH/jsForm/?File=/es/cidh/prensa/comunicados/2022/201.asp