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 Editorials | September 2005 
Might a Mexican National Guard Be an Answer?
 Barnard R. Thompson - mexidata.com
Mexican President Vicente Fox delivered his State of the Nation Address before Congress on September 1, a speech that seemed at times more like a summary of Mexico-according-to-Fox than reality. Even so, with respect to rampant crime and violence in parts of the country, and certain shortcomings in law and order, Fox was candid.
“The main function of the state is to provide protection for society,” the President said after presumptive descriptions of political, economic and social accomplishments since he took office. Continuing with respect to this challenge, Fox said in the annual address:
“The lack of safety in the streets is what most concerns people — it is the problem that has posed the greatest difficulties for the federal government, the state and municipal governments, and the branches of the Union.
”It is not one of yesterday’s problems, or one that can be solved in a day. Putting an end to crime requires our total commitment,” Fox insisted.
Adding that social tranquility must be guaranteed, Fox said that Mexico’s “current legal framework must be reviewed and adjusted. We must redesign our institutions so that they are able to combat crime more effectively.”
“Safety in the streets also requires the commitment of all members of society in respecting and obeying the law…. The federal government is just a part of the State, and the lack of safety in the streets is a state problem that requires the commitment of all branches and orders of government, as well as society,” he declared.
In early 2004 one of Mexico’s true visionaries passed away. Norberto Corella Gil Samaniego spent most of his life in the northwestern states of Sonora and Baja California, excepting his bohemian period in Germany and spells in Mexico City. He was a successful businessman, a lifelong champion of true democracy for Mexico, a member of the National Action Party, and during his political career he served in both houses of the Mexican Congress.
In the late 1990s, then Senator Corella was one of the spearheads in a movement to establish a National Guard in Mexico’s 31 states and the Federal District. The Mexican Constitution provides for the National Guard, and based on that constitutional forethought and rising crime — especially that connected with the U.S.-Mexico drug trade and violence perpetrated by callous cartel leaders and their hired guns, Corella believed the time had come for civilian police forces to be augmented with national guard troops under proper command and coordination.
The Mexican Constitution, in Article 35 lists prerogatives of citizens, among which point IV authorizes them to “bear arms in the Army or National Guard in defense of the Republic and its institutions, under the provisions prescribed by law.”
Article 73, point XV, grants Congress the power to “prescribe regulations for the purpose of organizing, arming and instructing the National Guard, reserving for the citizens establishing it the appointment of their respective commanders and officers, and to the States the power to train them according to the discipline prescribed by said regulations.”
Conferred upon the Mexican Senate, in Article 76, item IV, are the exclusive powers to “give its consent for the President of the Republic to order the National Guard out of its respective States, assessing the needed force.”
While a Mexican National Guard might seem like but another paramilitary troop, if established with the proper checks and balances, equipment and training, and with reliable state and federal controls and oversight, this could help to augment civil authorities and local police when needed, and to end violence and breakdowns in public order.
Without complicating matters with Posse Comitatus, Martial law or exceptional circumstances giving presidents the authority to use the active duty military to restore social order, and considering the Mexican Constitution, a National Guard could function similar to the example seen in the tragedy and turmoil of New Orleans.
While there is an active duty military presence, the U.S. armed forces are not in charge in New Orleans and other areas ravaged by Hurricane Katrina. Civil government and law enforcement officials are in charge, with support from area residents who are National Guard members deployed under the command and control of state governors.
On September 13 and 14 the Mexican Chamber of Deputies will host talks on the proposed creation of a National Security Institute, an agency designed to coordinate crime fighting and prevention efforts. But will there be someone present like Norberto Corella, to give forward-looking advice on possibilities such as a National Guard that just might help?
Barnard Thompson, a consultant, is also editor of MexiData.info. He can be reached via email at mexidata@ix.netcom.com. |
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