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

On 15 September, a constitutional reform affecting the judiciary was enacted. The reform introduces the election by popular vote of all federal judges, including Supreme Court justices, Electoral Tribunal magistrates, and state judges. It also changes the Supreme Court’s organization and creates a Judicial Discipline Tribunal and an administrative organ of the judiciary that will replace the Judiciary Council (currently in charge of discipline and administration of the federal judiciary). The practice of ‘faceless judges’ may be introduced for cases related to organized crime. Experience and eligibility requirements have been relaxed and the length of tenure and remuneration amended. The introduction of these elections will be phased, beginning in 2025. Proponents of the reform argue it will address judicial corruption and nepotism and say that the prohibition of public or private funds for campaigns will ensure the integrity of the process. Legislation regarding what campaigns will consist of is still pending. Critics say it risks judicial independence, politicization of justice and further influence of organized crime in the justice system.

Sources:  Diario Oficial de la Federación, Milenio, Special Rapporteur on the Independence of Judges and Lawyers, France 24

Over 500 Mexican nationals from the southern state of Chiapas have fled to neighboring Guatemala, escaping a surge in violence resulting from organized crime and feuding cartels. The UN High Commissioner for Refugees has provided humanitarian assistance and coordinated shelter for the fleeing Mexican families. Mexican officials have stated they are working to ensure the safe return of people to Chiapas. However, reports of alarming rates of intentional homicide indicate that in the first four months of 2024, over 400 people were killed. In May alone, the homicide rate was 152 per cent higher than that for May of 2023.

Sources: El Economista, Associated Press, BBC

On 2 June, more than 20,000 public officials were chosen in general elections (including members of federal and local legislatures, governors, mayors and council members). Claudia Sheinbaum Pardo was elected as Mexico’s first woman president, with 59.4 per cent of votes. Sheinbaum ran as candidate for the “Sigamos Haciendo Historia” coalition, which includes the ruling party, Morena. Voter turnout was 60.9 per cent (a slight decrease from the previous general election). Gender-parity in candidacies and in access to political participation is protected in the constitution. In 2019, “Parity in everything” was adopted as a permanent principle for all branches of government. Gender parity is expected in the elected membership of both chambers of Congress.

In Congress, the Morena party and allies obtained a clear advantage over other political parties and are expected to attain a supermajority that could facilitate the adoption of constitutional reforms. International observers, including the Organization of American States, acknowledged that the elections had taken place without significant incidents, but expressed concern over the levels of political violence, and the impact of such violence in deterring citizen participation. 

Sources: Instituto Nacional Electoral, OAS, Milenio, Gobierno de Mexico

On 8 June, a ban of so-called conversion therapies regarding sexual orientation and gender identity entered into force. The changes to the Federal Criminal Code and the General Health Law entail the criminalization of any kind of treatment or therapy intended to supress or annul a person’s sexual orientation, gender identity or expression. Such conduct is punished with imprisonment of between two and six years, while aggravating circumstances are considered when treatments are used against children, older persons or persons with disabilities.

Sources: Infobae, El Pais

On 2 June, voters elected Mexico’s first woman president, Claudia Sheinbaum Pardo, of the “Seguimos Haciendo Historia” coalition. Sheinbaum’s election follows a series of ground-breaking legal and constitutional amendments to transition from a gender-quotas system to “parity in everything” as a permanent and guiding principle for all branches of government. During the 2024 general elections, this principle was applied to the designation of candidacies, such as congress members and gubernatorial races. In both chambers of Congress, women’s representation is expected to be 50 per cent.

Security, on the other hand, was a persistent challenge during the electoral process, which according to analysts was the most violent in Mexico’s history. Dozens of candidates, aspiring candidates, politicians and aides were killed, and many more were subjected to intimidation. In several states, such as the southern state of Chiapas, hundreds of candidates withdrew from races, citing security concerns.

Sources: Instituto Nacional Electoral, El Pais, CNN, Infobae