Mexico - October 2024

On 1 October, constitutional amendments that place the National Guard (GN) under the control of the Ministry of National Defence entered into force. The amendments also establish that the GN, which is a public security force that coordinates with state and municipal authorities, can participate in the investigation of crimes and that its members (military personnel with police training) can be subjects of military jurisdiction. The Federal Congress passed the amendments, which were quickly ratified by most state-level legislatures. In 2023, the Supreme Court invalidated legislation that aimed to transfer control of the GN from the Ministry of Public Security to the Defence Ministry. Experts have consistently warned about the risks of assigning permanent public security tasks to the Ministry of Defence, and have noted that the amendments defy longstanding recommendations by international human rights bodies to curtail militarization. 

Sources: Diario Oficial de la Federación, Milenio, OHCHR, International IDEA

On 30 October, the Federal Congress passed changes to the constitution to bar any judicial review of constitutional amendments. The constitutionally-required majority of state congresses that ratified the amendments was reached on 31 October. The package of amendments, known as the ‘constitutional supremacy’ reform, explicitly states that constitutional controversies and actions of unconstitutionality (which are processes through which general norms can be challenged before the Supreme Court), and the amparo trial (claim for constitutional protection) cannot proceed against constitutional amendments. The reform includes a transition clause stating that any pending litigation should be solved according to the terms of the amendments. According to President Claudia Sheinbaum, the amendments enshrine in the constitution aspects that already existed in law. Critics denounced the process for how it was fast tracked and expressed concern that ‘constitutional supremacy’ will severely limit people’s ability to defend their rights in the courts.   

Sources: Diario Oficial de la Federacion, CNN, El Universal