The Secretariat of National Defense (Sedena) has drafted initiatives to reform at least 10 laws, three regulations, and the Mexican Constitution.
In most of these cases, the projects are sent to the Legal Department of the Federal Executive (CJEF) to be presented to the Legislative Power in the name of President Andrés Manuel López Obrador.
With the proposed modifications, Sedena seeks to strengthen its capacities to carry out work to protect the National Air Space; modify the legal framework for the operation of Olmeca-Maya-Mexica company and open the possibility of creating firms in the railway and airport fields, such as the new public airline.
In addition, it has sought to have operational and administrative control of the National Guard, and the elements of this organization have the jurisdiction of war.
The Sedena has drawn up proposals to modify laws of the National Guard, Airports, Civil Aviation, the Organic of the Federal Public Administration, that of the Railway Service, Promotions and Rewards of the Army, among others. It also proposes the creation of new regulations, such as the Law on Surveillance and Protection of Air Space.
The information was found in the emails sent and received by the Sedena Legal Affairs Unit, hacked by the Guacamaya group.
In one email, there is an exchange of draft laws that receive technical opinions from other agencies, such as the Ministry of Finance, Communications and Transportation, the Interior, the Economy, Foreign Affairs, and the National Guard.
The Legal Unit works hand in hand with the Legal Department of the Presidency, an instance currently headed by María Estela Ríos González and which has been in charge of reviewing and approving Sedena’s initiatives.
In at least six projects of initiatives prepared by the Army, it can be read that the authorship of the initiative is attributed to President Andrés Manuel López Obrador. In other cases, the proposals are channeled through legislators from the Morena political party, founded by the President of Mexico.
An email dated January 12, 2021, sent to the Legal Department of the Presidency, reveals the strategy used so that the initiatives are presented through a “legislator related to the government.”
The Sedena has drafted proposals to modify laws of the National Guard, Airports, and Civil Aviation, among others.
“Requesting support so that the initiative projects to reform the Organic Law of the Mexican Army and Air Force and the Law of Promotions and Rewards of the Mexican Army and Air Force are promoted through a legislator related to the federal government”, it is indicated in an email sent by the head of the Sedena Legislative Processes Section.
In August of last year, the Sedena Legal Affairs Unit asked the CJEF to be informed of the status of the reform project to the Law of the National Guard and the Constitution, which establish that the corporation is assigned to the Sedena.
In June 2022, the Sedena sought a reform of the Constitution to formalize the transfer of the National Guard to the Sedena, they suggested that the proposal be presented by the President.
Finally, it was decided to reform the secondary laws.
In a review of the Parliamentary Gazettes of the Senate and the Chamber of Deputies and in the Official Gazette of the Federation, it was confirmed that, to date, Sedena has obtained the approval of various reforms to the Law of the Social Security Institute for the Armed Forces, Law of Promotions and Rewards of the Army, Organic Law of the Federal Public Administration and the Law of the GN.
In addition, on July 27, 2022, PT legislator Miguel Ángel Lucero Olivas presented an initiative to issue the new National Airspace Surveillance and Protection Law, very similar to the proposal drafted by the National Defense.
The Armed Forces have also issued technical opinions and rejected projects prepared by legislators from Morena and the PT. For example, in a document dated June 24, 2020, Sedena rejects an initiative to reform the Federal Law on Firearms and Explosives presented by deputy Dionicia Vázquez García, from the PT, with which she intended to recognize the social, and cultural relevance, and economy of pyrotechnics in Mexico.
“It is considered unfeasible since the current legislation contemplates the regulation of artifices”, details the “institutional position” of the Army.
In another document dated July 11, 2022, Sedena disapproves an initiative to reform the General Law on Forced Disappearance of Persons that sought to expand the instances where the National Search Commission can consult information to locate a disappeared person.
“The initiative is considered unfeasible due to the following: in the event that any of the authorities mentioned in the law itself requires information from a military installation, they are empowered through the Public Ministry, in order to order the investigative acts that it deems pertinent. ”, details in one of three paragraphs. The communication on these initiatives took place between the Government and Sedena.
The military also sent their approval to the reforms to the internal regulations of the National Customs Agency of Mexico (ANAM). “This Unit of Legal Affairs of the Sedena does not make any observations regarding the reform of the ANAM Internal Regulations, since its content is adjusted to the results of the meetings that were held for its preparation,” says an email to Lenia Batres Guadarrama, Deputy Counselor for Legislation and Regulatory Studies of the CJEF.
The Secretariat of National Defense (Sedena) has drafted initiatives to reform at least 10 laws, three regulations, and the Mexican Constitution.
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