- The president announced the enactment of the Internal Security Law.
- I am aware that this law is especially sensitive for the public life of the country. I will therefore not issue a declaration of Internal Security Protection in the terms of this Law, until the Supreme Court of Justice of the Nation decides on its constitutionality, he said.
- The Law makes it clear that at no time are the local authorities exempted from fulfilling their responsibilities. It also obliges local authorities to undertake a program to strengthen institutional capacities, which will make it possible to put an end to the subsidiaries from federal authorities.
- The challenges facing our country in this matter are very great and do not allow us to stop, make mistakes or fail, he said.
- The president closed the 36th Session of the National Public Security Council.
The Supreme Court of Justice of the Nation will be the constitutionally legitimized arbitrator to make a final decision on the Internal Security Law, said President Enrique Peña Nieto, within the framework of the 43rd Session of the National Council of Public Security.
Announcing the enactment of the Internal Security Law, President Enrique Peña Nieto welcomed, “The analysis the Supreme Court of Justice of the Nation will conduct on this Law”.
He said that during the discussion and approval of this Law by Congress, various civil society organizations, human rights groups and academics said that, in their opinion, the content of the Law is unconstitutional.
“As we know, it is up to our highest Court to decide when a norm adheres to the Constitution and International Treaties on human rights. In keeping with our legal framework, the Supreme Court can only issue a verdict on a law once it has been passed,” he explained.
He said that, “This does not mean that there will be no intervention by the Federation in matters of public security to provide assistance to the states that need it now.”
He also stated, “I am aware that this law is especially sensitive for the public life of the country. I will therefore not issue a declaration of Internal Security Protection in the terms of this Law, until the Supreme Court of Justice of the Nation decides on its constitutionality”.
The Law makes it clear that at no time are local authorities exempted from fulfilling their responsibilities.
At the event, held at the Treasury Hall of the National Palace, the president declared that “The spirit of the Law provides legal certainty for the actions of the Armed Forces regarding the preservation of internal security, while setting limits on their discretionary use”.
"The Internal Security Law makes it clear that at no time are local authorities exempted from discharging their responsibilities. It also obliges local authorities to undertake a program to strengthen institutional capacities, which will make it possible to put an end to the subsidiaries from federal authorities.
President Peña Nieto said that, “One of the legislative issues pending had been to regulate the intervention of our military and naval personnel in the fight against criminal organizations”.
At the time, he said, “The Supreme Court of Justice of the Nation decided that our Armed Forces can act in tasks of public security, to assist the civil authorities, and in internal security tasks under the command of the president”.
He explained that, “The possibility of intervening in internal security has been provided for in Fraction VI of Article 89 of the Constitution, since 1917”.
”However, until today, this has had to be exercised without the support of a regulatory law. The absence of secondary legislation has resulted in uncertainty both for members of the Armed Forces, who participate in security tasks, and for citizens themselves”. He declared that in order to overcome this legal vacuum, Congress sent him the Decree issuing the Internal Security Law.
ACHIEVING LASTING SECURITY REQUIRES THE FIRM, COMMITTED AND JOINTLY RESPONSIBLE WORK OF THE FEDERAL, STATE AND MUNICIPAL AUTHORITIES
The president declared that this Law, “Also creates an awareness of the urgent need for state and municipal authorities to strengthen their institutional capacities to protect the population from the threat of crime”.
“It also reminds us of the need to define another issue that has long been postponed: whether we should continue with over 1,800 municipal police or, as I suggested to Congress over three years ago, build 32 professional, reliable and effective state police forces”:
He said that, “Achieving lasting security requires the firm, committed, jointly responsible work of the federal, state and municipal authorities. This is what our Constitution mandates, what society demands and what the current circumstances call for”.
The challenges facing our country in this matter are very great and do not allow us to stop, make mistakes or fail, he said.
The president urged the governors and the Mayor of Mexico City to continue strengthening institutional capacities in the fight against crime.
The president said that, “Mexico needs well trained and equipped, solid and effective local police forces to guarantee the security of the population.
“It is only by working together with commitment, perseverance and long-term vision that we will achieve the Mexico at peace we all long for,” he said.
He mentioned that one of the issues on which the National Council of Public Security has focused its efforts, “Is on trying to overcome the institutional weakness of local security corporations”.
"We have taken important decisions to standardize the processes of evaluation, professionalization and performance of the police forces. For example, in the previous session the implementation of the optimal police function model was approved, which will allow us to improve the performance of our security forces and deliver better results to the population,” he added.
"We all know the magnitude of the challenge we face. Despite the great national effort made, the truth is that many states have not yet managed to develop solid, reliable and effective corporations, and approximately 600 municipalities do not have their own police force,” he said.
“This institutional weakness has been exploited by criminal organizations to increase their criminal activity in some areas, and sometimes to try to take control of those territories,” he said.
He said that, “In order to deal with this threat, for more than a decade the Mexican State has been forced to employ the Armed Forces in a subsidiary and temporary manner in public security tasks”.
"The Army, the Air Force and the Navy of Mexico have come to the support of the federal states out of necessity, they have gone out into the streets because the local police forces had been overwhelmed by the criminal phenomenon. Their deployment in various states is not intended to replace, but rather to complement the capabilities of local civilian security bodies,” he said.
“In all cases, their action is in response to the request of the state governments. It would have been irresponsible to leave the civilian population to its fate given the wave of crime. Soldiers, pilots, marines and federal police who have come to the support of the states that have requested it, have earned the recognition, respect and gratitude of the people who they have helped,” he said.
IN THE GOVERNMENT, DECISIONS HAVE BEEN MADE AND STEPS TAKEN TO STRENGTHEN INSTITUTIONS, THE ONLY WAY TO BUILD A SAFER MEXICO: OSORIO CHONG
Secretary of the Interior Miguel Ángel Osorio Chong explained that in response to various factors that affect the urgent situation in the country, today this Council will incorporate a key set of proposals into the National Security Policy. First, it proposed the adoption of a set of measures to prevent and address the violence caused by the use of firearms, in coordination with local authorities and civil society.
He recalled that, “As part of this effort, during the previous session, the governors agreed to ask the Chamber of Deputies to approve the amendments to the Federal Law on Firearms and Explosives, approved by the Senate from the beginning of this year, designed to toughen the penalties in the event of illegal possession of firearms”.
Secondly, he proposed, “A package of measures for the prevention and fight against gender violence. This includes an agreement to investigate the intentional killings of women under feminicide protocols, which will help to guarantee more effective justice in this type of crime, and an agreement so that the 38 Justice Centers for Women currently operating in 26 states will certify the quality of their services and protocols for the care of women who have been mistreated or hurt”.
Thirdly, he proposed the creation of a program for the consolidation of the National 911 Emergency Call Service.
He added that, “In keeping with an agreement approved by this Council, over the next few days, the diagnoses of the institutional development of state police forces will be published. He said that, “Beyond having a new normative framework in terms of security, it is essential that the states fully assume, as soon as possible, their constitutional responsibility in the matters of security currently undertaken, with dedication and patriotism, by the Armed Forces and the Federal Police.
Osorio Chong declared that in 2012, President Peña Nieto, “Issued instructions to design a security policy with a state rather than a government perspective. We have made progress in that direction, giving national priority to the prevention and fight against crime, designing and implementing long-term measures,” and focusing on the construction of institutions rather than improvised or false solutions.
He said that, “Today, Mexicans can rest assured that the government has made decisions and taken steps in the route of strengthening institutions, which is the only route towards the construction of a safer Mexico”.
THE INTERNAL SECURITY LAW HAS GIVEN THE ARMED FORCES THE LEGAL HANDLE THEY WERE LOOKING FOR, WHICH WAS NECESSARY FOR THEIR WORK: ORLANDO CAMACHO, PERMANENT CIVIL SOCIETY GUEST OF CNSP
Orlando Camacho Nacenta, permanent civil society guest to the National Council of Public Security (CNSP), called for the continued, “Strengthening and dignifying of our Armed Forces, equipping them with legal instruments, as the Internal Security Law has done, and giving timely follow-up, ensuring that the conditions are met so that civilian forces can take control of security in the states”.
“We are aware of the urgent need to reform the General Law of the National Public Security System so that each federal state, with full responsibility, undertakes, without further delay and with the greatest dedication, the necessary actions to provide its states with effective, efficient police that offer security, tranquility and peace to their residents,” he added.
He said that, “This is undoubtedly one of the great pending tasks for governors, so that, with the Law of Internal Security, they concentrate on drawing up and putting into practice a proper strategy in this matter”.
He said that, “There has also been an urgent need to provide a legal framework for the Armed Forces, not just now as a result of the Internal Security Law, but for over 10 years, they have been on the streets and in communities without a normative basis. This Law has given them the legal basis they sought, which was necessary for their work”.
IT IS ESSENTIAL TO SUPPORT THE INTERNAL SECURITY LAW, WITH CHECKS AND BALANCES AND DEMOCRATIC REGULATION: MARIO ARROYO JUÁREZ, PERMANENT CIVIL SOCIETY GUEST AT CNSP
Mario Arroyo Juárez, permanent civil society guest at CNSP, declared: “For me, asking for the army to be taken off the streets is a false argument. We need the Army in the streets, in the mountains, in the air space, in the maritime space, we need the Federal Forces, because we are losing the Nation”.
It is essential, he said, “To support the Interior Security Law, with checks and balances and democratic regulation. Each of the actors will be responsible for its enactment, solving constitutional controversies, and reaching judicial definitions. Everyone must assume their responsibility, which we cannot bargain over. These are mechanisms we have acquired through a democratic system we must strengthen and defend,” he said.
“I suggest we look to the government and society together to build, from this National Public Security Commission, the creation of a State Commission, which in a set time frame, establishes the route for a new constitutional project of security and justice, and also includes the defense component, so that we are a worthy country, where we can live without fear, with quality of life and developing our full potential,” he concluded.
Participants at the 43rd Session of the National Public Security Council, moderated by Álvaro Vizcaíno Zamora, Executive Secretary of the National Public Security System, included Mexico City Mayor, Miguel Ángel Mancera Espinosa, and the governors of the State of Mexico, Alfredo del Mazo Maza; Guanajuato, Miguel Márquez Márquez, and Puebla, José Antonio Gali Fayad.
The following resolutions were passed at the 43rd Session of the National Public Security Council:
- Implement actions to prevent and address the violence caused by the use of weapons, in coordination with the competent authorities of the three levels of government and civil society, according to the following lines of action:
1.-Strengthen security measures and protection of firearms in weapons warehouses by the public security institutions of the states and municipalities, established in the official collective licenses and the applicable regulations.
2.-Strengthen the guns-for-cash campaign, in coordination with the competent authorities and through the allocation of the resources of the states and municipalities, federal resources and the resources assigned to civil society institutions.
3.-To promote, in coordination with the competent authorities, the agreements, commitments and international instruments related to the prevention of firearms trafficking.
4.-Disseminate, verify and perform operations to monitor compliance with the Official Mexican Standard, which regulates weapons, gun replicas and war toys.
5.- Carry out educational campaigns to encourage society to reduce the possession, carrying and use of firearms of any kind.
6.-Establish guidelines for a better analysis and exploitation of criminal information in the databases in order to be able to register projectiles, ammunition shells and firearms.
7.-Request that the Chamber of Deputies analyze and resolve the bill to reform the Federal Law on Firearms and Explosives related to the stiffening of sentences, already approved by the Senate.
- It was agreed that the Attorney General and the Attorney General's Offices in the 32 states should begin the investigation of all the intentional, violent deaths of women under feminicide protocols.
- It was agreed that the Justice Centers for Women in the states should be certified or recertified every two years. This should be done on the basis of the 48 indicators of the Institutional Integrity System and according to the call issued annually by the National Commission to Prevent and Eradicate Violence against Women, in coordination with the Executive Secretariat.
- The Program for the Consolidation of the National 911 Emergency Call Service was approved, which must be implemented by the authorities responsible for the service in the states and municipalities in keeping with the following lines of action.
- It was agreed that the competent authorities of the three levels of government should establish the necessary coordination mechanisms to implement the actions established by law regarding the forced disappearance of persons, disappearances committed by individuals and the National Search System for Persons.
- The Secretariat of the Interior was instructed, through the Sub-secretariat of Prevention and Citizen Participation, in coordination with the Executive Secretariat of the National Public Security System and the competent authorities, to draw up the National Model of Therapeutic Justice for its implementation in the stages of procedure and criminal execution, both in the Federation and the states, through their prosecutors’ offices, in order to prevent the use of psychoactive substances as a factor that increases the likelihood that people develop violent or criminal behavior.
- Due to the autonomy acquired by the general prosecutors' offices in various states, the National Public Security Council urged them to establish agreements or coordination agreements within the framework of their state councils or counterparts, to define goals according to the strategic axes and programs with national priority, approved by this National Council of Public Security with the purpose of agreeing the resources of the Contribution Fund for Public Security in the states and Mexico City.
- The technical standard of the Control, Command, Communications and Computing Centers was approved, and the Executive Secretariat of the National Public Security System was instructed to prepare guidelines for its implementation, to take the necessary steps to turn it into a Mexican official standard and to design the model and institutional framework for the centers to certify their fulfillment based on the criteria and terms established for this purpose by the Executive Secretariat.
- It was agreed that the Attorney General's Office, in coordination with the Executive Secretariat of the National Public Security System, should develop a national research project in the Criminal Justice System, that will include the initial and complementary investigation phases, the contents of the investigation and registration file, in order to measure the incidence of crime.
- The National Confidence Control Assessment Model submitted by the Executive Secretariat of the National Public Security System was approved and instructions were issued to implement it in 2018.
- The creation of five Regional Academic Councils was approved, in accordance with the alignments issued by the Executive Secretariat for this purpose.
- Lastly, the Office of the National Security Commissioner was instructed, in coordination with the Executive Secretariat, the Office of the Attorney General of the Republic and the competent authorities of the states and municipalities, to prepare the National Protocol for the Legitimate Use of Force.