GUARDIA NACIONAL

PRESENTATION CREATED BY:

LAURA ESCOBAR HERNANDEZ
PRESENTATION

• HELLO, MY NAME IS LAURA ESCOBAR HERNANDEZ AND I’M GOING TO TALK

ABOUT GUARDIA NACIONAL AND HOW IT WAS CREATED.
GUARDIA NACIONAL

• THE GUARDIA NACIONAL IS AN INSTITUTION WITCH FUNCTION IS PROVIDE

SEGURITY TO ALL THE COUNTRY.
• IT WAS CREATED TO CONTROL THE VIOLENCE IN THE REPUBLIC, CAUSE OF
ORGANIZED CRIME AND THE LAST GOUVERMENTS.
HOW IT WAS CREATED?

• IN 2018, MEMBERS OF PAIRLAMENT PRESENTED A DOCUMENT TO MODIFY

THE LAW ABOUT SECURITY AND PROMOTED THE CREATITON OF THE
GUARDIA NACIONAL.
• AFTER THE PROCESES TO CREATE A NEW LAW IN SECURITY, HOW IT WAS
ESTABLISHED IN ARTICULE 71 OF THE CONSTITUCIÓN POLÍTICA DE LOS
ESTADOS UNIDOS MEXICANOS, THE LAW CONTIUED THE PROCESS AND I WAS
PUBLISH ON MAY 2019.
GUARDIA NACIONAL, UNCONSTITUTIONAL?

• THE CONSULTATIVE PLENARY SESSION OF THE COMISION NACIONAL DE LOS

DERECHOS HUMANOS (CNDH) CONSIDERED THAT THE GUARDIA NACIONAL
AND THE STATEMENTS MADE BY ANDRÉS MANUEL LÓPEZ OBRADOR THIS
VIOLATES THE PRINCIPLES, RECOMMENDATIONS AND CRITERIA OF
INTERNATIONAL RULES, THUS EMPHASIZING THE NEED TO STRENGTHEN
CIVIL INSTITUTIONS AND REDUCE THE PARTICIPATION OF ELEMENTS OF THE
ARMED FORCES IN THIS TYPE OF ACTION. THE CNDH WARNED THAT DESPITE
SEPARATING THE GUARDIA NACIONAL FROM THE ARMED FORCES, THEY
WILL BE COORDINATED BY MILITARY PERSONNEL, IMPLICITLY
SUBORDINATING THE CIVIL AUTHORITIES TO THE MANDATES AND ORDERS
OF THE ARMY.
GUARDIA NACIONAL, UNCONSTITUTIONAL?

• IT IS DICTATED THAT IT IS UNCONSTITUTIONAL SINCE IT IS EVIDENCED BY PRESIDENT

ANDRÉS MANUEL LÓPEZ OBRADOR, MODIFIED AND REFORMED SEVERAL OF THE ARTICLES
OF THE CONSTITUCION POLITICA DE LOS ESTADOS UNIDOS MEXICANOS FOR THE CREATION
OF THIS INSTITUTION OF MILITARIZED ESSENCE, IN ADDITION TO VIOLATING THE
CONSTITUTION, IT IS ALSO CONTRARY TO THE RULINGS OF THE SUPREMA CORTE DE
JUSTICIAR DE LA NACION (SCJN) AND THE CORTE INTERAMERICANA DE DERECHOS
HUMANOS, IN TURN, TAKING AWAY CAPACITY AND SPACE FROM ALREADY CONSOLIDATED
ELEMENTS SUCH AS MUNICIPAL, STATE, FEDERAL, AND MINISTERIAL POLICE. THUS, IN SUCH
A WAY THAT THE LIMITS OF THE CONSTITUTION WERE EXCEEDED. THE GUARDIA NACIONAL
IS STILL IN A PERIOD OF CONFORMATION, ITS VALIDITY CONDITIONS SO THAT THE ARMED
FORCES CAN PARTICIPATE IN INTERNAL SECURITY TASKS IN PEACETIME
PROPOSAL:

• A PLAN MUST BE CREATED THAT GUARANTEES THE COMMITMENT TO RESPECT THE RIGHTS
AND BASIC FREEDOMS OF PEOPLE BASED ON A COMPREHENSIVE AND REASONED STRATEGY,
WHICH SHOULD SERVE TO ERADICATE DEFICIENCIES, AS WELL AS PROMOTE THE
DEVELOPMENT AND STRENGTHENING OF THE POLICE AND CIVIL INSTITUTIONS. , FEDERAL,
LOCAL AND MUNICIPAL IN MATTERS OF PUBLIC SAFETY. IT MUST BE EMPHASIZED THAT THE
PRESENCE OF THE ARMED FORCES HAS NOT BEEN SUFFICIENT TO PREVENT OR ATTEND TO THE
THOUSANDS OF CASES OF HOMICIDES AND MISSING PERSONS THAT OCCUR DAILY IN OUR
COUNTRY, IN ADDITION THIS ACT OF THE MILITARIZED INTERVENTION HAS CAUSED IN MANY
CASES THE VIOLATION OF HUMAN RIGHTS AS IT HAPPENED, IN THE WAR AGAINST DRUG
TRAFFICKING, DURING THE ADMINISTRATION OF THE EX-PRESIDENT FELIPE CALDERÓN
HINOJOSA, THE MEXICAN STATE WAS A DAILY PITCHED BATTLE BETWEEN CIVILIANS,
ELEMENTS OF PUBLIC SECURITY AND DRUG TRAFFICKING.
IN CONCLUSION

• TAKING INTO ACCOUNT THE CONTRIBUTIONS OF THE COMISION NACIONAL

DE LOS DERECHOS HUMANOS (CNDH), ON THE GUARDIA NACIOANL, ITS
INTEGRATION AS A NEW CORPORATION CONTRAVENES THE PROVISIONS OF
THE CONSTITUTION, WHICH IS OUR SUPREME LAW AND NO ONE IS ABOVE OF
IT.
• IT MUST BE TAKEN INTO ACCOUNT THAT NATIONAL SECURITY MUST BE
ATENDED WITH A CIVILIAN AND NON-MILITARIZED ELEMENT, SINCE IN THIS
WAY IT VIOLATES SOCIETY IN GENERAL, BEING SUBJECT TO A
STRATEGICALLY MILITARY ORDER, AND IN TURN THE HUMAN RIGHTS OF
EACH ONE OF THEM.
IN CONCLUSION

• ALTHOUGH ITS MAIN OBJECTIVE OF THE CREATION OF THE GUARDIA

NACIONAL IS TO SAFEGUARD THE LIFE, RIGHTS OF THE PEOPLE AND
COMBAT THE INSECURITY OF MEXICAN CITIZENS, ITS MILITARY TRAINING
SHOWS ABUSES IN ITS DEPLOYMENT, WE HAVE AN EXAMPLE AND A
CURRENT ISSUE, MEXICO HAS BEEN IT HAS BECOME THE PATH FOR
MIGRANTS FROM SOUTH AMERICAN COUNTRIES, THE COUNTRY BECAME
THE WAY IN HUMAN CARAVANS TO REACH THE UNITED STATES, PREVIOUSLY
THERE HAS BEEN A CONFRONTATION BETWEEN THE GUARDIA NACIONAL
AND MIGRANTS, WHERE THESE ELEMENTS OF THIS NEW CORPORATION
ABUSE THEIR POWER AND VIOLATE THEIR RIGHTS. HUMANS, EXERTING
ABUSE OF FORCE AND THEIR POWER.
IN CONCLUSION

• AS A CIVILIAN, IT CAUSES CONFLICT FOR ME THAT ONE OF THE POSITIONS

BEFORE ANDRÉS MANUEL LÓPEZ OBRADOR WAS PRESIDENT, WAS TO
WITHDRAW THE MILITARY FROM THE STREETS, BUT ALREADY IN THE
PRESIDENCY HE PROPOSED THE CREATION OF A GUARDIA NACIONAL AND
THIS SEARCH TO REPLACE THE FEDERAL POLICE AND WILL BE IN CHARGE
OF CRIME PREVENTION AND CRIME FIGHTING, PRESERVE PUBLIC PEACE.
THIS ESSENTIALLY MILITARIZED CORPORATION CANNOT BE IN CHARGE OF
NATIONAL SECURITY IN PEACETIME. THE HISTORY OF MEXICO REMINDS US
THAT THE MILITARIZATION OF OUR COUNTRY IS NOT THE BEST OPTION, THIS
IS NOT THE SOLUTION TO THE PROBLEMS WE HAVE AS A SOCIETY.
THANK YOU FOR YOUR ATTENTION!