On 15 January, the Federal Judiciary’s Electoral Tribunal (TEPJF) upheld the National Electoral Institute’s (INE) decision to exclude Mexicans living abroad from this year’s first ever judicial elections in the country (to take place in June). Although the TEPJF rejected INE’s argument that it was prevented from including migrants in the absence of specific legislation that expressly recognized their rights to vote in judicial elections, it upheld INE’s decision on other grounds. The TEPJF recognized the right of Mexican migrants to vote for members of the Supreme Court, the TEPJF and of the Tribunal of Judicial Discipline, however it reasoned that it is materially impossible to guarantee such rights for the upcoming elections. It decided that the short time-frame to organize these elections, along with the limited budget and resources, would prevent the electoral management body from implementing any modality for voting from abroad. 

Sources: TEPJF, La Jornada, Proceso, Milenio, International IDEA

On 21 December, a series of constitutional amendments backed by the executive entered into force abolishing seven autonomous bodies, including the National Institute for Transparency, Access to Information and Personal Data Protection. The other autonomous institutions had mandates related to evaluation of social development policy, economic competition, telecommunications, education, and energy and hydrocarbon regulation. According to the ruling coalition in Congress and government officials, the amendments aim to simplify bureaucracy, cut costs and corruption; the functions of these bodies will now be distributed and carried out by other ministries and government institutions. Critics and opposition politicians have denounced the amendments, arguing they weaken checks on government, the accountability of public officials, and people’s access to information and privacy rights.

Sources: Diario Oficial de la Federación, El Financiero, El Universal, Reuters   

On 15 November, executive-initiated constitutional amendments on gender equality were promulgated and entered into force the following day. The amendments include an acknowledgment of the State’s duty to ensure substantive gender equality, the inclusion of a gender perspective in public security, the creation of specialized prosecutors’ offices on gender-based violence at the state-level, as well as the implementation of the principle of gender parity in the appointment of heads of ministries at the state-level. Notably, the amendments establish the prohibition of a gender pay-gap. Congress will have to pass implementing legislation or amend existing laws to guarantee the newly codified rights and obligations within 90 days.

Sources: Presidencia de la República, Diario Oficial de la Federación

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