IACHR expresses concerns over judiciary reform in Mexico and warns of threats to judicial independence, access to justice, and rule of law

September 12, 2024

Washington, D.C. — The Inter-American Commission on Human Rights (IACHR) expresses grave concern regarding the approval of Mexico's proposed constitutional reform of the judiciary, warning of its potential impacts on the right to access to justice, guarantees of judicial independence, and the rule of law.

The IACHR recognizes the importance of a reform that strengthens the judicial system in Mexico, and has been closely monitoring the judicial reform process, which was sent by the Executive to the Congress of the Union on February 5 and approved by the Chamber of Deputies on September 3 and subsequently by the Senate of the Republic on September 11. The reform is part of a broader package of constitutional amendments currently being debated in the legislature.

The IACHR has received extensive information from civil society organizations, experts, and members of the judiciary concerning the possible repercussions of this reform on Mexico's international commitments to upholding judicial independence, ensuring access to justice, and maintaining the rule of law.

According to publicly available information, the reform includes the cessation of the terms of office for all judicial authorities in Mexico to be implemented in phases between 2025 and 2027, with the aim of transitioning to popular elections for judges, magistrates, and ministers in the country. Likewise, the IACHR's attention was drawn to the fact that the hasty nature of the profound modifications could have negative consequences for the guarantees of suitability and meritocratic access to the judicial career. Critics have pointed out that the reform is not based on a thorough assessment of the real challenges in access to justice in the country. It also fails to account for the presence of organized crime in several regions of Mexico and how this might influence the proposed electoral processes.

The IACHR acknowledges ongoing challenges related to access to justice in Mexico, such as high levels of impunity and corruption, as noted in its recent annual reports. However, it stresses that reforms of this magnitude must be conducted through a broad, informed, and participatory dialogue, and that institutional mechanisms for citizen participation must be used in good faith to ensure that any changes strengthen respect and protection for human rights. In any case, a comprehensive reform of the judicial system should also encompass other key institutions responsible for the administration of justice, such as the Attorney General's Office, and the public prosecutor's office and the public defender's office in each state.

Among other questioned issues, the IACHR has learned of the inclusion in the constitutional reform of measures to preserve the identity of judges in cases related to organized crime, known by the Inter-American system as "faceless" judges, a practice deemed incompatible with the American Convention on Human Rights by the bodies of the Inter-American system. Other concerns have been raised regarding the creation of a new Judicial Disciplinary Court, which may threaten judicial independence, and the lack of due process guarantees in the disciplinary system.

Despite reports from the State regarding national dialogues aimed at ensuring public participation in the reform that took place between February 21 and April 18, 2024, the IACHR notes that the speed of the legislative process has hindered meaningful engagement with a sector of the citizenry, as evidenced by the public protests of recent weeks. Equally troubling is the public use of dismissive language by some authorities backing the reform toward judges who have expressed dissenting views.

In Guarantees for the Independence of Justice Operators, the IACHR emphasized that appropriate appointment and selection processes are essential for safeguarding judicial independence. The report also underscored the importance of nondiscriminatory selection procedures that establish clear criteria rooted in professional competence, merit, and appropriate legal qualifications. These should be carried out through transparent public selection processes that prioritize gender equality and lead to appropriate, predefined terms of office. Similarly, the selection process for judicial disciplinary authorities must include guarantees of independence.

The UN Special Rapporteur on the Independence of Judges and Lawyers has also expressed concern over the reform's incompatibility with international human rights obligations. She noted that the reform implies that political considerations could take precedence over objective merits in judicial appointments, highlighting risks to the stability of these and the administrative and disciplinary autonomy of the judiciary.

The IACHR urges Mexican authorities to ensure that judicial reforms align with the American Convention on Human Rights and inter-American standards on judicial independence and access to justice. Reforms should also address the public need for effective, timely justice without discrimination. In response to the current public protests and tension around the reform, the IACHR calls for genuine dialogue mechanisms that guarantee the participation of all stakeholders.

The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote the observance and defense of human rights in the region and acts as a consultative body to the OAS in this area. The IACHR is composed of seven independent members who are elected by the OAS General Assembly in their personal capacity and do not represent their countries of origin or residence.  

No. 213/24

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