Mexico: UN experts concerned over upcoming constitutional reform proposal implying greater role of Armed Forces in public security

GENEVA  - UN experts* said today they were concerned that a move to place Mexico’s National Guard under Ministry of National Defence control could increase the risk of human rights abuses, including torture, arbitrary detention, enforced disappearances and extrajudicial executions.

"We are alarmed that, if the constitutional reform proposal is approved, it would permanently assign public security functions to the Armed Forces. The potential impact of this modification on the increase of enforced disappearances and impunity is extremely worrying," the experts said.

The constitutional reform proposal was approved by the Chamber of Deputies on 19 September and is scheduled to be put to a vote in the Senate this week.

For several years, the experts have warned that Mexico has been progressively increasing the role of the Armed Forces in its internal security model, through public policies and different legislative and constitutional reform initiatives.

"We recognise the security challenges faced by Mexico and call for the measures implemented to address them to be in accordance with its international human rights obligations," the experts said.

"We are further concerned that Armed Forces officials have been singled out in the past for alleged human rights violations. These allegations must be investigated, the perpetrators brought to justice."

The constitutional reform proposal would subject members of the National Guard to military jurisdiction and elevate to constitutional rank the National Guard's power to participate in criminal investigation activities. It would also expand the Armed Forces' functions in the country's public life, beyond those strictly related to military discipline.

"If adopted, Mexico would contravene numerous recommendations made by United Nations Treaty Bodies and Special Procedures which, since 1999, have pointed out the need to ensure that public security tasks are carried out by civilian security forces, guaranteeing that the participation of the Armed Forces in these tasks is strictly extraordinary, complementary, subordinate to civilian authority and supervised,” the experts said.

"In addition, Mexico should ensure the restrictive and exceptional scope of military jurisdiction to prevent the commission serious human rights violations, such as torture, arbitrary detention, extrajudicial executions and enforced disappearance".

The National Guard should continue to depend on civilian institutions, and it is necessary to strengthen its capabilities from a citizen security paradigm, as well as to strengthen accountability mechanisms to guarantee its effectiveness, the experts said.

“It is also important to generate the conditions for a reflective dialogue to analyse and discuss the actions to be taken to advance a plan for the gradual withdrawal of the Armed Forces from public security tasks.’’

The experts are in contact with the authorities in this regard and express to the Government their willingness to provide cooperation and technical assistance, with a view to ensuring that the human rights of victims are respected, and that any case of enforced disappearance is investigated in accordance with international human rights law.