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Mexico
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Mexico exhibits mid-range performance across all categories of the Global State of Democracy framework, with relative stronger performance in Representation and credible elections. In the past five years, Mexico has seen advances in Absence of Corruption. Security and human rights crises in the country have contributed to its position among the bottom 25 per cent of countries in the world with regard to Access to Justice and Personal Integrity and Security. Mexico’s economy is heavily reliant on industrial activities including the oil and energy sectors, manufacturing, services, and agriculture, with significant trade carried out with the United States and an important influx of remittances. Although among the 15 largest global economies, poverty rates are high, affecting nearly half of the population. Structural injustices prevail, due to high inequality, low social mobility, and informal labour markets that exclude the poor from basic legal protections and services.
An ethnically diverse country, Mexico’s population consists predominantly of Mexican Mestizo, with Indigenous, white, and Afro-Mexican minorities. Economic reforms introduced in the 1980s and 1990s generated growth and improved income distribution. However, the benefits of economic and social modernization have been unevenly shared across racial lines, and biases have been documented in the allocation of public resources, politics and the labour market. An urban-rural divide also characterizes the country, with more than 60 per cent of the poor population living in rural areas, most of whom are dependent upon subsistence agriculture.
A serious downturn in domestic security has been observed in recent years as drug-related violence expands at alarming rates and in new social, political and economic areas. Corruption has allowed organized criminal groups to operate, wield influence in the political system, and violently meddle in elections. The security strategy to counter organized crime has also exacerbated human rights violations and affected socio-economic development in the country. The prevalence of poverty, growing violence, femicide and other forms of gender-based violence, and illicit networks’ increased control of the country’s territory, local economies, and political system contribute to Mexico’s chronic governance challenges.
Beginning in 1929, Mexico had 71 years of single-party government under the Institutional Revolutionary Party (PRI). Since the early nineties, Mexico’s political institutions have facilitated democratic alternations of power through elections. However, fundamental divides and structural problems have eroded satisfaction with political representation, culminating in a victory for the Morena party in 2018. While public belief in the new administration’s dedication to improving the condition of marginalized Mexicans made it popular, the government has recently been questioned for targeting individuals and organizations who voice criticism. Concerning authoritarian tendencies have been observed through continuous attacks on media and opposition as well as on autonomous institutions, including an antitrust watchdog, open data portals, election oversight bodies, and regulatory agencies. Critics say that these are efforts to erode democratic checks on executive authority. The government argues that proposed reforms, are designed to save money and address corruption.
Looking ahead, it will be important to watch Rights, particularly Personal Integrity and Security and Freedom of Expression. Enforced disappearances, and frequent murders of journalists and human rights activists have made Mexico the deadliest country for journalists outside a conflict zone. Further, it will be critical to watch the content of future law initiatives and decisions regarding autonomous agencies and institutions and if the legal protections of freedom of expression are adequately enforced with regard to critical voices in the media, academia and civil society.
https://www.idea.int/democracytracker/
April 2024
Congress passes controversial reforms
In the last days of the legislature’s current ordinary session, Congress passed two controversial legal reforms. First, a reform to the Amparo Law will limit the effects of judgements in an amparo proceeding (judicial appeal for constitutional protection) to the claimant in the litigation. This will deprive others in similar situations to the claimant from the benefits of a ruling. Opposition members consider the reform to have weakened access to justice and see it as part of a strategy to keep federal courts from pausing the President’s priority infrastructure projects, which have been challenged as unconstitutional. Second, a reform to the Amnesty Law will empower the president to directly grant amnesty in certain cases, bypassing the procedure established in the law that ordinarily includes a judicial decision.
Opposition in Congress has vowed to challenge these reforms before the Supreme Court.
Sources: CNN, Chamber of Deputies, El Pais
February 2024
President presents constitutional reform proposals
On 5 February, President López Obrador presented 18 constitutional and two legal reform proposals encompassing social issues such as pensions, welfare programs, and minimum wage, and those focusing on institutional reforms. The latter propose changes within the judicial and electoral systems, the restructuring and streamlining of autonomous institutions and the role of the National Guard. Some controversial proposals include the appointment of members of the National Electoral Institute (INE), the Electoral Tribunal and justices of the Supreme Court through popular vote, the reduction in the number of congress members, and a new electoral reform that aims to reduce costs and the expenditure of political parties, among other issues.
Critics and opposition have expressed concern about their potential impact on the impartiality and independence of certain institutions, and on ensuring a level playing field for the 2 June elections. Though some of the reforms currently lack sufficient support to pass in Congress, at least prior to the elections, their debate in the following weeks and months may shape the electoral race.
Sources: Andres Manuel Lopez Obrador, El País, Gobierno de Mexico, Financial Times, DW
Surge in political violence raises concerns during electoral process
Throughout January and February, there has been a significant increase in political violence in Mexico, raising concerns about the impact of violence on the electoral processes underway, as the 2 June elections approach. Particularly troubling have been the killings of aspiring candidates for local offices. According to Data Cívica, the number of victims of political violence surged by 235.7 per cent from 2018 to 2023. Integralia has reported 32 victims in 2024, including aspiring candidates (eight, since the electoral process started) and current and former public officials killed. As the campaign season kicks off on 1 March, concerns are mounting over the potential rise in political violence, as criminal organizations seek to influence results.
Sources: El Pais, Insight Crime, Aristegi Noticias, Integralia
Data leaks and privacy breaches exacerbate concerns over journalists’ safety
Concerns over the safety of journalists and press freedom in Mexico increased following reports of data leaks and the disclosure of a journalist's personal phone number during a presidential daily press briefing.
Experts and organizations, such as the Committee to Protect Journalists, called on the government to ensure compliance with privacy laws while handling personal information, after a government database of over 300 journalists who had applied for press credentials was leaked, including their personal identification numbers and addresses.
Journalists doubled down on this demand after the executive’s accusations of media bias and unprofessional behaviour for publishing allegations regarding irregular campaign financing against people close to him without evidence, in exchanges that were criticized by media professionals as antagonizing and harmful in a country where journalists are victims of reprisals and violent attacks.
Sources: The New York Times, Animal Politico, CNN, Reuters, Axios, Associated Press, CPJ
December 2023
Change in Electoral Tribunal’s leadership raises concerns
In December, Reyes Rodríguez Mondragón resigned as President of the Federal Judiciary’s Electoral Tribunal (TEPJF, Tribunal Electoral del Poder Judicial de la Federación), a significant development just six months before the country's largest electoral process (in terms of number of offices for election). After the tenure of two of its seven magistrates expired and due to an impasse in the Senate that has prevented the designation of replacements, the TEPJF’s High Chamber has been functioning with only five members since November. Of these, three magistrates expressed their loss of trust in the leadership of former President Rodríguez Mondragón and publicly called on him to resign. Reports indicate that the three magistrates were unhappy with how the Tribunal’s internal administration was being handled. Allegations in the media of external political pressures were denied by the former President, Justice Mónica Soto Fregoso was subsequently voted in as the new president of the Tribunal and started her tenure in January 2024.
Experts had expressed their concern, calling on the three magistrates to privilege the TEPJF’s stability. Some stressed that this situation seriously impacts public trust in the electoral justice system, particularly given the opacity of the allegations made against the former President.
Sources: El Pais (1), Infobae, El Pais (2), Forbes Mexico, El Universal
President appoints new Supreme Court justice
On 14 December, Mexico's President López Obrador appointed Lenia Batres Guadarrama, as a new justice of the Supreme Court (SCJN), to fill the vacancy left by Arturo Zaldivar, who resigned last November. Pursuant to Article 96 of the Constitution, President López Obrador made the appointment after the Senate twice rejected the shortlist of nominees he proposed (two shortlists were proposed in total), which included Batres Guadarrama and others deemed close allies of the President. Concerns have been raised about her impartiality due to her strong connections with the President and the ruling party. She has previously served in López Obrador’s presidential and mayoral administrations. This marks the fifth justice appointment since the current administration came into power in 2018, but it is the first direct appointment by the president. López Obrador has expressed his intention to amend the constitution to allow citizens to elect Supreme Court justices and other judges directly.
October 2023
Judicial budget reform sparks protests
On 18 October, the Mexican Congress approved a modification to Article 224 of the Organic Law of the Federal Judicial Power (PJF) concerning trust funds. The revision significantly reduces the budget available to the PJF, eliminating 13 of 14 trust funds and banning the creation of new ones. The reform was approved by the Senate on 24 October, and President López Obrador enacted it on 28 October.
This action impacts Mexico’s Supreme Court, the Federal Judicial Oversight Body, and the Federal Electoral Tribunal, and is a part of President López Obrador's wider campaign against corruption and government overspending. The resources from the dissolved trust funds are expected to be redirected to the Federal Treasury, supporting social programs pursuant to the National Development Plan. However, the budget cuts have ignited debate and triggered protests due to concerns that they may compromise the independence of the judiciary and impact the rights of judicial employees. Despite President López Obrador's assurances that lower-ranking court workers will not be impacted by these changes, members of the judiciary and critics consider such workers will be affected the most. Several protests by employees of the PJF resulted in the temporary suspension of some judicial work and services. At the same time, criticism about the potential weakening of the judiciary, through budget cuts, persists. Critics argue that the reform could disrupt the balance of power, undermining the judiciary's ability to act as a check on executive power.
Sources: Cámara de Diputados, El País (1), Infobae, Senado de la República, El País (2), Stanford Law School, Expansión Politica
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