Mexico
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.
Monthly Event Reports
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.
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.
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.
September 2023 | Supreme Court ruling decriminalises abortion at the federal level
On 6 September 2023, the Supreme Court determined that provisions of the federal criminal code that establish the prohibition of abortion are unconstitutional as they are contrary to women’s right to choose and people’s ability to conceive. The Court reasoned that the provisions in question violated the rights to free personal development, reproductive autonomy, health, equality and non-discrimination. It further characterized the criminalisation of abortion as an act of gender-based violence and discrimination. On previous occasions, the Court had ruled on the unconstitutionality of the criminalisation of abortion in local criminal codes. The case was brought to the Court’s attention by a civil society organization. As an effect of the ruling, the Court ordered Congress to derogate the provisions that criminalise voluntary abortion (either self-procured or consented to and practised by a medical professional or midwife).
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