Mexico
Mexico exhibits mid-range performance in three out of four categories of democracy, and low range performance in Rule of Law. Since 2018, it has experienced declines in Effective Parliament, Freedom of the Press and Judicial Independence. Mexico’s economy relies heavily on industrial activities, including the oil and energy sectors, manufacturing, services, and agriculture. It has significant trade with the United States and relies on an important influx of remittances.
An ethnically diverse country, Mexico’s population consists predominantly of Mexican Mestizo, with Indigenous, White, and Afro-Mexican minorities. Although among the 15 largest global economies, poverty rates are high, affecting over 36 per cent of the population. High inequality, low social mobility, and informal labour markets that exclude the poor from basic legal protections and services have a differentiated impact according to race. Indigenous peoples continue to face structural discrimination, evidenced in high poverty rates, challenges to access employment opportunities, and lack of access to intercultural public services, including health. Free, prior and informed consent is not consistently ensured in the adoption of policy, legislation and in the approval of development projects that impact their communities.
Women’s political participation has been enabled through ground-breaking reforms establishing gender parity as a permanent fixture in all branches of government, and Mexicans elected the country’s first woman president in 2024. However, despite a strong institutional and legal framework to ensure women’s rights, gender-based violence and femicide levels remain concerning.
The last two decades have seen a serious downturn in domestic security as drug-related violence expands. Corruption has allowed organized criminal groups to operate, wield political influence and violently meddle in elections. Illicit networks’ increased control of the country’s territory, local economies, and political system contribute to Mexico’s chronic governance challenges, which the government has attempted to contain by addressing the root causes of crime and through the establishment of a National Guard in 2019. There has also been increased militarization of public security, a policy criticised for its impact on human rights.
Beginning in 1929, Mexico was home to 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, and in 2000 the first president from a different party was elected. After two terms of centre-right leaders and a brief return of PRI to power, dissatisfaction with political representation contributed to the establishment and 2018 victory of the Morena party, whose platform has emphasized the improvement of the condition of marginalized Mexicans, making it immensely popular. In this context, anti-corruption and austerity measures have been prioritized by officials as means towards reducing inequality. At the same time, however, government criticism of the media and opposition, and censure of and attempts to reform the judiciary and autonomous institutions, including electoral bodies, have been characterised by critics as part of an effort to erode democratic checks on executive authority. The government argues that proposed reforms are designed to address corruption and enhance austerity.
Looking ahead, Rule of Law and Judicial Independence will be key, as a constitutional reform initiative to massively overhaul the Judiciary is being considered. Further, it will be important to continue following performance on Rights, Freedom of the Press, and Personal Integrity and Security, given the country’s levels of violence, including against journalists. Performance in Absence of Corruption will also be a key indicator of the success of recent anti-corruption efforts.
Last Updated: June 2024
https://www.idea.int/democracytracker/
September 2024
Judicial reform ushers in new era of popularly elected judges
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
July 2024
Mexicans flee to Guatemala due to surge in violence
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
June 2024
Mexico holds general elections
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
Ban on conversion therapy enters into force
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.
Mexico elects its first woman president amid security challenges
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
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
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