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

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.

Update: On 5 November, the Supreme Court deliberated on constitutional challenges brought by political parties and minority members of a local congress against the judicial reform. The justices considered a draft ruling that would have invalidated the introduction of elections for federal and local judges but maintained them for Supreme Court justices and electoral magistrates. Although most Supreme Court justices voted in support of that draft ruling, the Court fell short of the 8 votes needed in actions of unconstitutionality (a specific process used to challenge the constitutionality of general norms) to invalidate the provisions disputed as unconstitutional.

Sources: Diario Oficial de la Federación, Milenio (1), Special Rapporteur on the Independence of Judges and Lawyers, France 24, Suprema Corte de Justicia de la Nacion, Milenio (2) 

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