Quality of Democracy
#37Key Findings
Struggling to contain corrosive organized-crime influences, Mexico falls into the bottom ranks internationally (rank 37) with regard to democracy quality. Its score in this area has declined by 0.8 points relative to 2014.
Elections are highly regulated, but crime-group activities, including the murder of candidates, undermine electoral integrity. Rampant violence against journalists makes reporting on corruption and collusion dangerous. The government has introduced participatory democracy measures.
The homicide rate has risen to its highest level ever. Given this escalating violence, it has been impossible to hold security forces to account for human rights abuses. Femicide is an increasingly serious problem. However, gender quotas have substantially improved the political representation of women.
Widespread impunity for corruption and homicides undermines the rule of law. A judicial reform has solidified court authority at the federal level, but the government has been accused of seeking to undermine judicial independence. Corruption is a serious problem in politics, the judiciary and the police, but a new law has ended impunity for presidents.
Elections are highly regulated, but crime-group activities, including the murder of candidates, undermine electoral integrity. Rampant violence against journalists makes reporting on corruption and collusion dangerous. The government has introduced participatory democracy measures.
The homicide rate has risen to its highest level ever. Given this escalating violence, it has been impossible to hold security forces to account for human rights abuses. Femicide is an increasingly serious problem. However, gender quotas have substantially improved the political representation of women.
Widespread impunity for corruption and homicides undermines the rule of law. A judicial reform has solidified court authority at the federal level, but the government has been accused of seeking to undermine judicial independence. Corruption is a serious problem in politics, the judiciary and the police, but a new law has ended impunity for presidents.
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How fair are procedures for registering candidates and parties?
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Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against.
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A few restrictions on election procedures discriminate against a small number of candidates and parties.
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Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties.
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Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating.
The electoral process is supervised by an autonomous agency, the Instituto Nacional Electoral (INE), following a constitutional reform in 2014 and the creation in 1990 of the Instituto Federal Electoral. INE is responsible for the registration of parties, candidates and voters, and for administering elections.
While in principle the process for registering political parties is open and transparent, high registration requirements as well as a bureaucratic and lengthy registration process create a strong status quo bias. To meet the requirements for registering a new national political party, organizations must demonstrate a minimum of 3,000 members, representation in at least 20 of the 32 states, and a minimum of 300 members in at least 200 electoral districts. Historically, the high barriers for party formation have served to discourage new and small political groups from challenging the established parties.
In September 2020, an attempt to register Mexico Libre, a new party created by former President Felipe Calderón and his wife, Margarita Zavala, was rejected by the INE national electoral institute. Zavala claimed that the government put pressure on INE to make this decision so as to avoid competition.
Since 2015, independent candidates have been allowed to run for office in national elections but the requirements for participating are high. To appear on the ballot, independent presidential candidates must collect more than 850,000 signatures nationally and obtain the support of at least 1% of registered voters in 17 states. In the 2018 elections, 48 independent candidates announced their candidacy for the presidency, but only two, Margarita Zavala and Jaime Rodríguez Calderón, managed to fulfill the requirements. After Zavala withdrew in May 2018, Rodríguez Calderón was the only independent candidate left, receiving 5.23% of votes in the presidential elections. María de Jesús Patricio Martínez – an independent candidate who was supported by indigenous groups and the Zapatista movement, but who failed to fulfill the criteria – criticized the process for being unfairly biased against the poor.
Close linkages between some candidates and organized crime, especially at the subnational level, as well as violence and corruption continue to undermine the integrity of the political system and the electoral process. The midterm elections in 2021 are considered to have been some of the most violent polls in recent Mexican history. Dozens of candidates of all political parties were killed during the campaign. Estimated numbers range from 34 to 140, with the killings usually linked to organized crime. Under the current government, this structural challenge is unlikely to change.
Citations:
Harbers, Imke and Matthew C. Ingram “On the engineerability of political parties: evidence from Mexico.” In:, I. van Biezen, and H. M. ten Napel. Regulating political parties: European democracies in comparative perspective (2014): 253-277.
While in principle the process for registering political parties is open and transparent, high registration requirements as well as a bureaucratic and lengthy registration process create a strong status quo bias. To meet the requirements for registering a new national political party, organizations must demonstrate a minimum of 3,000 members, representation in at least 20 of the 32 states, and a minimum of 300 members in at least 200 electoral districts. Historically, the high barriers for party formation have served to discourage new and small political groups from challenging the established parties.
In September 2020, an attempt to register Mexico Libre, a new party created by former President Felipe Calderón and his wife, Margarita Zavala, was rejected by the INE national electoral institute. Zavala claimed that the government put pressure on INE to make this decision so as to avoid competition.
Since 2015, independent candidates have been allowed to run for office in national elections but the requirements for participating are high. To appear on the ballot, independent presidential candidates must collect more than 850,000 signatures nationally and obtain the support of at least 1% of registered voters in 17 states. In the 2018 elections, 48 independent candidates announced their candidacy for the presidency, but only two, Margarita Zavala and Jaime Rodríguez Calderón, managed to fulfill the requirements. After Zavala withdrew in May 2018, Rodríguez Calderón was the only independent candidate left, receiving 5.23% of votes in the presidential elections. María de Jesús Patricio Martínez – an independent candidate who was supported by indigenous groups and the Zapatista movement, but who failed to fulfill the criteria – criticized the process for being unfairly biased against the poor.
Close linkages between some candidates and organized crime, especially at the subnational level, as well as violence and corruption continue to undermine the integrity of the political system and the electoral process. The midterm elections in 2021 are considered to have been some of the most violent polls in recent Mexican history. Dozens of candidates of all political parties were killed during the campaign. Estimated numbers range from 34 to 140, with the killings usually linked to organized crime. Under the current government, this structural challenge is unlikely to change.
Citations:
Harbers, Imke and Matthew C. Ingram “On the engineerability of political parties: evidence from Mexico.” In:, I. van Biezen, and H. M. ten Napel. Regulating political parties: European democracies in comparative perspective (2014): 253-277.
To what extent do candidates and parties have fair access to the media and other means of communication?
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All candidates and parties have equal opportunities of access to the media and other means of communication. All major media outlets provide a fair and balanced coverage of the range of different political positions.
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Candidates and parties have largely equal opportunities of access to the media and other means of communication. The major media outlets provide a fair and balanced coverage of different political positions.
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Candidates and parties often do not have equal opportunities of access to the media and other means of communication. While the major media outlets represent a partisan political bias, the media system as a whole provides fair coverage of different political positions.
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Candidates and parties lack equal opportunities of access to the media and other means of communications. The major media outlets are biased in favor of certain political groups or views and discriminate against others.
The electoral process in Mexico is subject to a comparatively high degree of regulation. During the transition to democracy during the 1990s, electoral laws were revised to ensure more equitable conditions for the main political parties.
Currently, all registered political parties are eligible for public financing, the volume of which corresponds to their electoral strength. There are restrictions on the amount of money parties are allowed to raise and spend. Media access during the official campaign period is regulated to ensure a measure of equality. Nevertheless, outside the tightly regulated political campaigns, news coverage is often heavily biased in favor of incumbents. Presidents as well as governors spend exorbitant sums on advertising and pro-government propaganda. Since news outlets rely on this income for their financial survival, they can often scarcely afford to criticize sitting administrations. The Peña Nieto administration has taken this long-standing practice to new levels. According to a report compiled by the think tank Fundar based on government data, his administration spent nearly $2 on advertising in the past five years, substantially more than any previous administrations.
Broadcasting networks and newspapers depend on that money, the big television networks Televisa and Azteca receive around 10% of their advertisement revenue from the federal government.
President Andrés Manuel López Obrador, who was often challenged by the mainstream media before becoming president, relies strongly on the use of social media and a daily press conference that is broadcast live on YouTube. This approach enables the president to circumvent the traditional media, avoid immediate press criticism and promote his agenda. The oligopolized traditional media market has declined in political influence.
Citations:
New York Times (25 Dec 2017) “Using Billions in Government Cash, Mexico Controls News Media.”
Currently, all registered political parties are eligible for public financing, the volume of which corresponds to their electoral strength. There are restrictions on the amount of money parties are allowed to raise and spend. Media access during the official campaign period is regulated to ensure a measure of equality. Nevertheless, outside the tightly regulated political campaigns, news coverage is often heavily biased in favor of incumbents. Presidents as well as governors spend exorbitant sums on advertising and pro-government propaganda. Since news outlets rely on this income for their financial survival, they can often scarcely afford to criticize sitting administrations. The Peña Nieto administration has taken this long-standing practice to new levels. According to a report compiled by the think tank Fundar based on government data, his administration spent nearly $2 on advertising in the past five years, substantially more than any previous administrations.
Broadcasting networks and newspapers depend on that money, the big television networks Televisa and Azteca receive around 10% of their advertisement revenue from the federal government.
President Andrés Manuel López Obrador, who was often challenged by the mainstream media before becoming president, relies strongly on the use of social media and a daily press conference that is broadcast live on YouTube. This approach enables the president to circumvent the traditional media, avoid immediate press criticism and promote his agenda. The oligopolized traditional media market has declined in political influence.
Citations:
New York Times (25 Dec 2017) “Using Billions in Government Cash, Mexico Controls News Media.”
To what extent do all citizens have the opportunity to exercise their right of participation in national elections?
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All adult citizens can participate in national elections. All eligible voters are registered if they wish to be. There are no discriminations observable in the exercise of the right to vote. There are no disincentives to voting.
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The procedures for the registration of voters and voting are for the most part effective, impartial and nondiscriminatory. Citizens can appeal to courts if they feel being discriminated. Disincentives to voting generally do not constitute genuine obstacles.
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While the procedures for the registration of voters and voting are de jure non-discriminatory, isolated cases of discrimination occur in practice. For some citizens, disincentives to voting constitute significant obstacles.
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The procedures for the registration of voters or voting have systemic discriminatory effects. De facto, a substantial number of adult citizens are excluded from national elections.
Political liberties are guaranteed by law, and public debate and electoral competition are meaningful. If political rights are violated, citizens have access to electoral courts which are generally professional and effective. The National Electoral Institute (INE) is an independent body responsible for the administration of elections.
Mexico has had universal suffrage since 1953 and male suffrage since 1917. Legally, Mexico by and large conforms to the standards of electoral democracies, especially on the national level. The organization and administration of elections is managed professionally by the National Electoral Institute (INE). In recent years, INE oversight over state-level electoral institutions has increased. There is also a system of electoral courts (TEPJF), which are generally more professional and independent than the criminal courts. Citizens and party members can appeal to these courts if their political or electoral rights are violated. President López Obrador frequently criticizes INE, charging that the INE and its predecessor were unfair to him in the 2006 and 2012 presidential elections, and asserts that both INE and the electoral court (TEPJF) have become too large and powerful. Opposition parties accuse the government of animosity due to the fact that INE has fined MORENA several times for various violations of electoral rules. The government wants to replace INE and TEPJF, but lacks a sufficiently large majority in Congress to be able to effect such a change.
Voters have to register through INE to receive a voter identification card. The same electoral register is used for federal and state or local elections. This may serve to discourage marginalized and less educated citizens from voting.
A total of 89,978,701 people, approximately 72.7% of the Mexican population, applied for the required ID in 2018.
Mexicans living abroad (about 10% of the population) are allowed to vote for the president, but turnout is extremely low, in part due to the difficult registration process. More than 11 million Mexicans live abroad, but only 100,000 participated in the 2018 elections.
In general, Mexican elections are considered mostly free and fair. Complaints concern vote-buying and some minor problems, such as the theft of ballot boxes by armed groups. A major problem is violence. During the midterm elections in 2021, dozens of candidates were killed. Most of the candidates are presumed to have been murdered by organized criminal gangs.
Citations:
Miranda, Fernando (28 de junio de 2018). «Acaban campañas con récord en el nivel de violencia». El Universal.
Mexico has had universal suffrage since 1953 and male suffrage since 1917. Legally, Mexico by and large conforms to the standards of electoral democracies, especially on the national level. The organization and administration of elections is managed professionally by the National Electoral Institute (INE). In recent years, INE oversight over state-level electoral institutions has increased. There is also a system of electoral courts (TEPJF), which are generally more professional and independent than the criminal courts. Citizens and party members can appeal to these courts if their political or electoral rights are violated. President López Obrador frequently criticizes INE, charging that the INE and its predecessor were unfair to him in the 2006 and 2012 presidential elections, and asserts that both INE and the electoral court (TEPJF) have become too large and powerful. Opposition parties accuse the government of animosity due to the fact that INE has fined MORENA several times for various violations of electoral rules. The government wants to replace INE and TEPJF, but lacks a sufficiently large majority in Congress to be able to effect such a change.
Voters have to register through INE to receive a voter identification card. The same electoral register is used for federal and state or local elections. This may serve to discourage marginalized and less educated citizens from voting.
A total of 89,978,701 people, approximately 72.7% of the Mexican population, applied for the required ID in 2018.
Mexicans living abroad (about 10% of the population) are allowed to vote for the president, but turnout is extremely low, in part due to the difficult registration process. More than 11 million Mexicans live abroad, but only 100,000 participated in the 2018 elections.
In general, Mexican elections are considered mostly free and fair. Complaints concern vote-buying and some minor problems, such as the theft of ballot boxes by armed groups. A major problem is violence. During the midterm elections in 2021, dozens of candidates were killed. Most of the candidates are presumed to have been murdered by organized criminal gangs.
Citations:
Miranda, Fernando (28 de junio de 2018). «Acaban campañas con récord en el nivel de violencia». El Universal.
To what extent is private and public party financing and electoral campaign financing transparent, effectively monitored and in case of infringement of rules subject to proportionate and dissuasive sanction?
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The state enforces that donations to political parties are made public and provides for independent monitoring to that respect. Effective measures to prevent evasion are effectively in place and infringements subject to effective, proportionate and dissuasive sanctions.
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The state enforces that donations to political parties are made public and provides for independent monitoring. Although infringements are subject to proportionate sanctions, some, although few, loopholes and options for circumvention still exist.
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The state provides that donations to political parties shall be published. Party financing is subject to some degree of independent monitoring but monitoring either proves regularly ineffective or proportionate sanctions in case of infringement do not follow.
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The rules for party and campaign financing do not effectively enforce the obligation to make the donations public. Party and campaign financing is neither monitored independently nor, in case of infringements, subject to proportionate sanctions.
Mexico’s elections are highly regulated by the state. This reflects a history of electoral fraud and rigged elections which resulted in distrust between parties and a desire to formalize rules. The National Electoral Institute (INE) is in charge of monitoring party compliance with electoral rules and regulations. It is also responsible for administering and auditing the public funding of parties.
By international comparison, public funding of political parties in Mexico is extremely generous. Political parties are mostly financed by the state and there are restrictions on the amount of fundraising permitted. INE also coordinates campaign advertisements for parties. Electoral expenditures have been similarly controlled. INE can and does impose significant sanctions on political parties if they fail to comply with funding rules. However, oversight is incomplete and INE audits have revealed illegal undisclosed funding to parties.
While INE’s bureaucracy is by and large efficient and impartial, the weak rule of law and ineffective criminal courts undermine the integrity of elections. According to media reports concerning illegal campaign financing, for every peso spent legally, an estimated MXN 15 was spent illegally. Funds are often misused for vote-buying. Although Mexico has made progress in the area of money laundering, illicit money by organized crime is a serious problem, in the field of campaign financing as elsewhere. As previous examples of party financing scandals have shown (e.g., PRI MONEXGATE 2000, PAN AMIGOS DE FOX 2000 and PEMEXGATE 2012), instances of illegal campaign financing have been proven and sanctioned years later, but without any major effects. This reveals the increasing weakness of this core state function regarding electoral procedures and campaign financing, a vital task in a democratic polity.
Citations:
https://www.bbc.co.uk/news/world-latin-america-44884993
By international comparison, public funding of political parties in Mexico is extremely generous. Political parties are mostly financed by the state and there are restrictions on the amount of fundraising permitted. INE also coordinates campaign advertisements for parties. Electoral expenditures have been similarly controlled. INE can and does impose significant sanctions on political parties if they fail to comply with funding rules. However, oversight is incomplete and INE audits have revealed illegal undisclosed funding to parties.
While INE’s bureaucracy is by and large efficient and impartial, the weak rule of law and ineffective criminal courts undermine the integrity of elections. According to media reports concerning illegal campaign financing, for every peso spent legally, an estimated MXN 15 was spent illegally. Funds are often misused for vote-buying. Although Mexico has made progress in the area of money laundering, illicit money by organized crime is a serious problem, in the field of campaign financing as elsewhere. As previous examples of party financing scandals have shown (e.g., PRI MONEXGATE 2000, PAN AMIGOS DE FOX 2000 and PEMEXGATE 2012), instances of illegal campaign financing have been proven and sanctioned years later, but without any major effects. This reveals the increasing weakness of this core state function regarding electoral procedures and campaign financing, a vital task in a democratic polity.
Citations:
https://www.bbc.co.uk/news/world-latin-america-44884993
Do citizens have the opportunity to take binding political decisions when they want to do so?
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Citizens have the effective opportunity to actively propose and take binding decisions on issues of importance to them through popular initiatives and referendums. The set of eligible issues is extensive, and includes national, regional, and local issues.
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Citizens have the effective opportunity to take binding decisions on issues of importance to them through either popular initiatives or referendums. The set of eligible issues covers at least two levels of government.
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Citizens have the effective opportunity to vote on issues of importance to them through a legally binding measure. The set of eligible issues is limited to one level of government.
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Citizens have no effective opportunity to vote on issues of importance to them through a legally binding measure.
There are no provisions for legally binding referendums or popular initiatives at the federal level in Mexico so far. Though, in October 2019, the Mexican Senate approved a constitutional change giving citizens the possibility to vote in a recall referendum. This could result in a president and provincial governors being recalled after half a term. The House of Deputies, in which MORENA holds a clear majority, still has to approve the new regulation. In general, Mexican citizens are more likely to influence public policy through demonstrations or legal action than through popular decision-making.
President López Obrador’s government has introduced measures of direct participation, advocating participatory democracy. In August 2021, the first official national referendum took place. Mexicans were asked to decide whether previous presidents should be investigated for suspected corruption, but voter turnout was very low, with only 7.11% of voters participating. The opposition criticized the referendum as an attempt by the president to distract the public from the shortcomings of his own government. Another referendum, a recall referendum for the president, was scheduled for March 2022. Although the measures so far are of disputable importance, the invention of participatory democracy in Mexico has enhanced citizens’ role making binding decisions.
President López Obrador’s government has introduced measures of direct participation, advocating participatory democracy. In August 2021, the first official national referendum took place. Mexicans were asked to decide whether previous presidents should be investigated for suspected corruption, but voter turnout was very low, with only 7.11% of voters participating. The opposition criticized the referendum as an attempt by the president to distract the public from the shortcomings of his own government. Another referendum, a recall referendum for the president, was scheduled for March 2022. Although the measures so far are of disputable importance, the invention of participatory democracy in Mexico has enhanced citizens’ role making binding decisions.
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To what extent are the media independent from government?
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Public and private media are independent from government influence; their independence is institutionally protected and fully respected by the incumbent government.
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The incumbent government largely respects the independence of media. However, there are occasional attempts to exert influence.
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The incumbent government seeks to ensure its political objectives indirectly by influencing the personnel policies, organizational framework or financial resources of public media, and/or the licensing regime/market access for private media.
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Major media outlets are frequently influenced by the incumbent government promoting its partisan political objectives. To ensure pro-government media reporting, governmental actors exert direct political pressure and violate existing rules of media regulation or change them to benefit their interests.
Officially, freedom of expression is protected and the media is independent from the government.
While media freedom is not severely restricted by the government, substantial restrictions exist on what news outlets can cover without fear of reprisal. Topics such as corruption or collusion between organized crime and public officials are particularly dangerous territory. According to data from the Committee to Protect Journalists, Mexico has become the world’s most deadly country for journalists. According to The Guardian, nine journalists were killed in 2021, and eight in 2020 eight. Other sources mention 14 journalists killed in 2020. Since 2000, at least 138 journalists have been killed, and 24 have disappeared. These dangers particularly affect journalists working for subnational news outlets as well as those who report critically on corruption and linkages between politicians and organized crime. The federal government fails to act decisively to protect journalists. When journalists are murdered, there is broad impunity for their killers. Thus, even though press freedom is codified in national laws, in practice there are substantial restrictions on press freedom. Mexico was ranked at 143rd place out of 180 countries in the Press Freedom Index 2021.
Citations:
Reporter ohne Grenzen: https://www.reporter-ohne-grenzen.de/mexiko/
THE GUARDIAN: Two more Mexican journalists killed as reporters condemn worsening violence, 1.11.2021
Articulo 19: https://articulo19.org/periodistasasesinados/
While media freedom is not severely restricted by the government, substantial restrictions exist on what news outlets can cover without fear of reprisal. Topics such as corruption or collusion between organized crime and public officials are particularly dangerous territory. According to data from the Committee to Protect Journalists, Mexico has become the world’s most deadly country for journalists. According to The Guardian, nine journalists were killed in 2021, and eight in 2020 eight. Other sources mention 14 journalists killed in 2020. Since 2000, at least 138 journalists have been killed, and 24 have disappeared. These dangers particularly affect journalists working for subnational news outlets as well as those who report critically on corruption and linkages between politicians and organized crime. The federal government fails to act decisively to protect journalists. When journalists are murdered, there is broad impunity for their killers. Thus, even though press freedom is codified in national laws, in practice there are substantial restrictions on press freedom. Mexico was ranked at 143rd place out of 180 countries in the Press Freedom Index 2021.
Citations:
Reporter ohne Grenzen: https://www.reporter-ohne-grenzen.de/mexiko/
THE GUARDIAN: Two more Mexican journalists killed as reporters condemn worsening violence, 1.11.2021
Articulo 19: https://articulo19.org/periodistasasesinados/
To what extent are the media characterized by an ownership structure that ensures a pluralism of opinions?
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Diversified ownership structures characterize both the electronic and print media market, providing a well-balanced pluralism of opinions. Effective anti-monopoly policies and impartial, open public media guarantee a pluralism of opinions.
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Diversified ownership structures prevail in the electronic and print media market. Public media compensate for deficiencies or biases in private media reporting by representing a wider range of opinions.
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Oligopolistic ownership structures characterize either the electronic or the print media market. Important opinions are represented but there are no or only weak institutional guarantees against the predominance of certain opinions.
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Oligopolistic ownership structures characterize both the electronic and the print media market. Few companies dominate the media, most programs are biased, and there is evidence that certain opinions are not published or are marginalized.
The Mexican media is much more diversified and politically pluralist than it was a generation ago, but ownership is still highly concentrated. Despite Peña Nieto’s telecommunication reform, broadcasting continues to be characterized by oligopolistic ownership. Two corporations, Televisa and TV Azteca, dominate more than 90% of the TV market. Regulators, like the Federal Telecommunications Institute (IFT), are essentially toothless.
To what extent can citizens obtain official information?
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Legal regulations guarantee free and easy access to official information, contain few, reasonable restrictions, and there are effective mechanisms of appeal and oversight enabling citizens to access information.
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Access to official information is regulated by law. Most restrictions are justified, but access is sometimes complicated by bureaucratic procedures. Existing appeal and oversight mechanisms permit citizens to enforce their right of access.
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Access to official information is partially regulated by law, but complicated by bureaucratic procedures and some poorly justified restrictions. Existing appeal and oversight mechanisms are often ineffective.
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Access to official information is not regulated by law; there are many restrictions of access, bureaucratic procedures and no or ineffective mechanisms of enforcement.
Mexico’s freedom of information act became law in 2002. The law was the first in Latin America to impose obligations on the state to publicly share information and increase the level of political transparency. INAI (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) is an autonomous body, which aims to promote government transparency, monitor developments in open government and access to information, and settle disputes between citizens and government bodies over freedom of information requests. Mexico’s freedom of information act has proved to be a considerable success in increasing publicly available information. Scholars, journalists and bureaucrats have all made use of its provisions and a lot of new information has come to light.
Despite the progressive spirit of the law, however, the extent to which it is obeyed and enforced varies considerably. Powerful public and private actors can delay and obscure access to information, despite formal transparency laws. As is often the case in Mexico, there is a gap between theory and practice. In general, the situation did not change substantially during the observation period in 2020 and 2021.
Citations:
AMLO creates super-commission to investigate missing 43 of Ayotzinapa, December 4, 2018, https://mexiconewsdaily.com/news/commission-to-investigate-ayotzinapa/
Despite the progressive spirit of the law, however, the extent to which it is obeyed and enforced varies considerably. Powerful public and private actors can delay and obscure access to information, despite formal transparency laws. As is often the case in Mexico, there is a gap between theory and practice. In general, the situation did not change substantially during the observation period in 2020 and 2021.
Citations:
AMLO creates super-commission to investigate missing 43 of Ayotzinapa, December 4, 2018, https://mexiconewsdaily.com/news/commission-to-investigate-ayotzinapa/
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To what extent does the state respect and protect civil rights and how effectively are citizens protected by courts against infringements of their rights?
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All state institutions respect and effectively protect civil rights. Citizens are effectively protected by courts against infringements of their rights. Infringements present an extreme exception.
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The state respects and protects rights, with few infringements. Courts provide protection.
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Despite formal protection, frequent infringements of civil rights occur and court protection often proves ineffective.
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State institutions respect civil rights only formally, and civil rights are frequently violated. Court protection is not effective.
In principle, Mexico guarantees most civil rights via its legal and constitutional systems. Nevertheless, access to the court system and protection against violations are both highly unequal. Overall, the rule of law is weak, and there is widespread impunity the rule, which undermines the effectiveness of formally guaranteed rights.
The tension between formal rights and effective guarantees plays out especially forcefully in the field of security. Since 2006, more than 250,000 men and women have been killed in the “war on drugs.” In 2019, the homicide rate reached an average of 94 murders per day. The government has lost control of many parts of Mexico.
The Mexican military and other security forces are notorious for violating human rights, and the courts do not provide adequate protection to citizens victimized by the military or police. Since the beginning of the drug war in 2006, Mexico’s Human Rights Commission has received more than 10,000 complaints of abuse by the military. Federal prosecutors have opened more than 9,000 investigations, without a single conviction. By mid-2019, around 40,000 people are reported to have disappeared.
The security situation has deteriorated persistently over the course of President López Obrador’s term, with the number of homicides increasing to its highest level since the state began keeping systematic records on crime and violence. Against the background of escalating violence, it has generally been impossible to effectively hold the security forces to account for abuses. Human Rights Watch has spoken of a “human rights catastrophe” inherited by President López Obrador when he started his term. Despite the promise to solve the violence problem, the government is continuing to lose the battle against the cartels.
Citations:
https://www.hrw.org/americas/mexico
https://www.hrw.org/news/2018/10/29/mexico-torture-and-historical-truth
https://www.elconfidencial.com/mundo/2019-06-25/mexico-desaparecidos_2087378/
The tension between formal rights and effective guarantees plays out especially forcefully in the field of security. Since 2006, more than 250,000 men and women have been killed in the “war on drugs.” In 2019, the homicide rate reached an average of 94 murders per day. The government has lost control of many parts of Mexico.
The Mexican military and other security forces are notorious for violating human rights, and the courts do not provide adequate protection to citizens victimized by the military or police. Since the beginning of the drug war in 2006, Mexico’s Human Rights Commission has received more than 10,000 complaints of abuse by the military. Federal prosecutors have opened more than 9,000 investigations, without a single conviction. By mid-2019, around 40,000 people are reported to have disappeared.
The security situation has deteriorated persistently over the course of President López Obrador’s term, with the number of homicides increasing to its highest level since the state began keeping systematic records on crime and violence. Against the background of escalating violence, it has generally been impossible to effectively hold the security forces to account for abuses. Human Rights Watch has spoken of a “human rights catastrophe” inherited by President López Obrador when he started his term. Despite the promise to solve the violence problem, the government is continuing to lose the battle against the cartels.
Citations:
https://www.hrw.org/americas/mexico
https://www.hrw.org/news/2018/10/29/mexico-torture-and-historical-truth
https://www.elconfidencial.com/mundo/2019-06-25/mexico-desaparecidos_2087378/
To what extent does the state concede and protect political liberties?
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All state institutions concede and effectively protect political liberties.
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All state institutions for the most part concede and protect political liberties. There are only few infringements.
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4
3
State institutions concede political liberties but infringements occur regularly in practice.
2
1
1
Political liberties are unsatisfactory codified and frequently violated.
In many parts of the country, high levels of criminal violence undermine democracy. Public officials, especially at the local level, are frequently kidnapped, harassed and even murdered, while the murderers, usually linked to organized crime, enjoy impunity. While the lack of credible and capable legal investigations in such cases makes it impossible to know the true extent of the problem, there is considerable evidence that authorities are not merely inept. Rather, they are sometimes complicit in violating citizens’ political liberties. The justice system has proven to be particularly ineffective in prosecuting powerful rights violators. For years,impunity for corruption-related crimes has been around 97-98%, and high-level politicians are rarely sentenced or impeached.
Citations:
Schedler, A. (2014). The criminal subversion of Mexican democracy. Journal of Democracy, 25(1), 5-18.
http://www.latinobarometro.org/lat.jsp
Citations:
Schedler, A. (2014). The criminal subversion of Mexican democracy. Journal of Democracy, 25(1), 5-18.
http://www.latinobarometro.org/lat.jsp
How effectively does the state protect against different forms of discrimination?
10
9
9
State institutions effectively protect against and actively prevent discrimination. Cases of discrimination are extremely rare.
8
7
6
7
6
State anti-discrimination protections are moderately successful. Few cases of discrimination are observed.
5
4
3
4
3
State anti-discrimination efforts show limited success. Many cases of discrimination can be observed.
2
1
1
The state does not offer effective protection against discrimination. Discrimination is widespread in the public sector and in society.
While there is a societal norm against overt racial discrimination, there is a significant correlation between race and class. Light-skinned Mexicans are over-represented among the wealthy and powerful. Data from the Latin American Public Opinion Project shows that they have significantly higher educational attainment and more material wealth. Social discrimination varies by region and setting. In urban centers, there is growing awareness around issues of gender and sexuality. The local constitution adopted by the Mexico City constituent assembly includes a number of liberal and progressive provisions. Nevertheless, more traditional gender roles and the political and social marginalization of women continue to be the norm, particularly in rural and less affluent areas.
Worth mentioning are the gender quotas for parties and elections that were included in the 2014 constitutional reform. Women now hold 50% of seats in Congress. In this respect, Mexico is a leading country in the OECD and the world. Claudia Sheinbaum (MORENA) is the first woman to govern the city of Mexico. Sheinbaum has also declared her intention to run for president as the successor of President López Obrador.
A crucial problem in gender discrimination are femicides. Between 2015 and June 2019, more than 3,000 women were murdered in Mexico. An average of 10.5 women are killed every day, with a total of 1,932 such victims in 2019. In the last four years, femicides have risen by 111%. The courts are increasingly assertive in taking up cases of gender equality and LGBTQ+ and transgender rights. In the 2021 midterm elections, the first transgender person was been elected to Congress. Additionally, in several states, abortion rights have been liberalized after court rulings.
However, while there is increasing awareness of gender and LGBTQ+ rights, the attention paid to indigenous rights and other forms of social stigmatization is more limited, although there is a history of autonomy for indigenous communities. As is often the case in Mexico, there is a considerable gap between formal rights and their effective guarantee and enforcement.
Citations:
Human Rights Watch (2018). “Mexico Ruling Backs Same-Sex Couple.” https://www.hrw.org/news/2018/11/01/mexico-ruling-backs-same-sex-couple
Human Rights Watch (2018). “Mexico Transgender Ruling a Beacon for Change.” https://www.hrw.org/news/2018/10/29/mexico-transgender-ruling-beacon-change
Zizumbo-Colunga, D. and Iván Flores Martínez (2017). “Is Mexico a Post-Racial Country? Inequality and Skin Tone across the Americas.” AmericasBarometer: Topical Brief #31, (https://www.vanderbilt.edu/lapop/insights/ITB031en.pdf).
https://www.dw.com/de/gegen-den-strom-frauenmorde-in-mexiko-werden-mehr-und-brutaler/a-50084080
Worth mentioning are the gender quotas for parties and elections that were included in the 2014 constitutional reform. Women now hold 50% of seats in Congress. In this respect, Mexico is a leading country in the OECD and the world. Claudia Sheinbaum (MORENA) is the first woman to govern the city of Mexico. Sheinbaum has also declared her intention to run for president as the successor of President López Obrador.
A crucial problem in gender discrimination are femicides. Between 2015 and June 2019, more than 3,000 women were murdered in Mexico. An average of 10.5 women are killed every day, with a total of 1,932 such victims in 2019. In the last four years, femicides have risen by 111%. The courts are increasingly assertive in taking up cases of gender equality and LGBTQ+ and transgender rights. In the 2021 midterm elections, the first transgender person was been elected to Congress. Additionally, in several states, abortion rights have been liberalized after court rulings.
However, while there is increasing awareness of gender and LGBTQ+ rights, the attention paid to indigenous rights and other forms of social stigmatization is more limited, although there is a history of autonomy for indigenous communities. As is often the case in Mexico, there is a considerable gap between formal rights and their effective guarantee and enforcement.
Citations:
Human Rights Watch (2018). “Mexico Ruling Backs Same-Sex Couple.” https://www.hrw.org/news/2018/11/01/mexico-ruling-backs-same-sex-couple
Human Rights Watch (2018). “Mexico Transgender Ruling a Beacon for Change.” https://www.hrw.org/news/2018/10/29/mexico-transgender-ruling-beacon-change
Zizumbo-Colunga, D. and Iván Flores Martínez (2017). “Is Mexico a Post-Racial Country? Inequality and Skin Tone across the Americas.” AmericasBarometer: Topical Brief #31, (https://www.vanderbilt.edu/lapop/insights/ITB031en.pdf).
https://www.dw.com/de/gegen-den-strom-frauenmorde-in-mexiko-werden-mehr-und-brutaler/a-50084080
Graph View
To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty?
10
9
9
Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty.
8
7
6
7
6
Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration.
5
4
3
4
3
Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory.
2
1
1
Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other.
Legal certainty is formally guaranteed by the Mexican constitution. With the government of López Obrador holding a majority in Congress, legal procedures are formally well-respected. De facto, rule of law continues to be characterized by an ineffective judicial system. Violence and crime, corruption and impunity undermine the rule of law.
In corruption-related crimes impunity reaches 98% and in homicides 97%. Beyond the problem of corruption, the rule of law in Mexico has been seriously hampered by the increasing violence associated with the war on drugs. Criminal courts lack transparency, which further undermines trust and confidence in the judicial system. Overall, the system is particularly ineffective when it comes to prosecuting powerful individuals, such as former public officials. In this context, and also due to the security crisis, existing legal regulations often do not effectively constrain government and administration.
Judicial reforms have been a key focus for the López Obrador government. Several have been undertaken so far, and more have been announced. Am important reform in December 2020 gave the Consejo de la Judicatura Federal (CJF) more power.
In other areas of the law, for instance in the realm of business and the broader economy, the situation regarding legal certainty is much less dire.
In corruption-related crimes impunity reaches 98% and in homicides 97%. Beyond the problem of corruption, the rule of law in Mexico has been seriously hampered by the increasing violence associated with the war on drugs. Criminal courts lack transparency, which further undermines trust and confidence in the judicial system. Overall, the system is particularly ineffective when it comes to prosecuting powerful individuals, such as former public officials. In this context, and also due to the security crisis, existing legal regulations often do not effectively constrain government and administration.
Judicial reforms have been a key focus for the López Obrador government. Several have been undertaken so far, and more have been announced. Am important reform in December 2020 gave the Consejo de la Judicatura Federal (CJF) more power.
In other areas of the law, for instance in the realm of business and the broader economy, the situation regarding legal certainty is much less dire.
To what extent do independent courts control whether government and administration act in conformity with the law?
10
9
9
Independent courts effectively review executive action and ensure that the government and administration act in conformity with the law.
8
7
6
7
6
Independent courts usually manage to control whether the government and administration act in conformity with the law.
5
4
3
4
3
Courts are independent, but often fail to ensure legal compliance.
2
1
1
Courts are biased for or against the incumbent government and lack effective control.
The Supreme Court, having for years acted as a servant of the executive, has become substantially more independent since the transition to democracy in the 1990s. Court decisions are less independent at the lower level, particularly at the state and local level. At the local level, corruption and lack of training for court officials are other shortcomings. These problems are of particular concern because the vast majority of crimes fall under the purview of local authorities. There is widespread impunity and effective prosecution is the exception, rather than the rule.
Mexico is in the process of reforming the justice system from a paper-based inquisitorial system to a U.S.-style adversarial system with oral trials. Implementation of the new system will most likely take a generation since it involves the retraining of law enforcement and officers of the court. So far, law enforcement has often relied on forced confessions, rather than physical evidence, to ensure the conviction of suspects. To make the new system work, the investigative and evidence-gathering capacity of the police will have to be significantly strengthened.
The government of López Obrador has initiated a judicial sector reform, with more than 50 new laws. This includes the creation of a unit in the Sectretariá de Gobernación to promote the reform of criminal law.
Overall, the courts do a poor job of enforcing compliance with the law, especially when confronted with powerful or wealthy individuals. Concern is growing that the government will undermine judicial independence. In general, mistrust in the judicial system is widespread, 68% of Mexicans think judges are corrupt and 45% do not trust them.
Judicial reform is a key element of President López Obrador’s agenda. However, the opposition usually criticizes all efforts as a strategy to undermine judicial independence. Critics from the opposition claim that judicial independence has been undermined, since the power of the chief justice, Arturo Zaldívar, has been increased considerably, and Zaldívar is seen as an ally of President López Obrador.
Citations:
EFE México (2018). Sistema penal acusatorio en México, avance histórico frenado por corrupción. https://www.efe.com/efe/usa/mexico/sistema-penal-acusatorio-en-mexico-avance-historico-frenado-por-corrupcion/50000100-3498116
Mexico Evalua 2019: Diagnostico inaugural, https://www.mexicoevalua.org/diagnostico-inaugural/
Mexico is in the process of reforming the justice system from a paper-based inquisitorial system to a U.S.-style adversarial system with oral trials. Implementation of the new system will most likely take a generation since it involves the retraining of law enforcement and officers of the court. So far, law enforcement has often relied on forced confessions, rather than physical evidence, to ensure the conviction of suspects. To make the new system work, the investigative and evidence-gathering capacity of the police will have to be significantly strengthened.
The government of López Obrador has initiated a judicial sector reform, with more than 50 new laws. This includes the creation of a unit in the Sectretariá de Gobernación to promote the reform of criminal law.
Overall, the courts do a poor job of enforcing compliance with the law, especially when confronted with powerful or wealthy individuals. Concern is growing that the government will undermine judicial independence. In general, mistrust in the judicial system is widespread, 68% of Mexicans think judges are corrupt and 45% do not trust them.
Judicial reform is a key element of President López Obrador’s agenda. However, the opposition usually criticizes all efforts as a strategy to undermine judicial independence. Critics from the opposition claim that judicial independence has been undermined, since the power of the chief justice, Arturo Zaldívar, has been increased considerably, and Zaldívar is seen as an ally of President López Obrador.
Citations:
EFE México (2018). Sistema penal acusatorio en México, avance histórico frenado por corrupción. https://www.efe.com/efe/usa/mexico/sistema-penal-acusatorio-en-mexico-avance-historico-frenado-por-corrupcion/50000100-3498116
Mexico Evalua 2019: Diagnostico inaugural, https://www.mexicoevalua.org/diagnostico-inaugural/
To what extent does the process of appointing (supreme or constitutional court) justices guarantee the independence of the judiciary?
10
9
9
Justices are appointed in a cooperative appointment process with special majority requirements.
8
7
6
7
6
Justices are exclusively appointed by different bodies with special majority requirements or in a cooperative selection process without special majority requirements.
5
4
3
4
3
Justices are exclusively appointed by different bodies without special majority requirements.
2
1
1
All judges are appointed exclusively by a single body irrespective of other institutions.
Mexican Supreme Court justices are nominated by the executive and approved by a two-thirds majority in the Senate. However, if no candidate achieves a majority, the president can appoint a justice without Senate approval. The system of federal electoral courts is generally respected and more independent and professional than the criminal courts. The situation is worse in lower courts, as judges are implicated in corruption or clientelist networks.
With the support of a majority in Congress, President López Obrador has to date been able to appoint four justices out of 11 justices in total. The opposition has criticized all the appointments, arguing that the candidates were loyal allies of the president, and that this would undermine judicial independence. The four justices appointed by President López Obrador indeed hold veto power, since repealing laws and resolving matters of constitutionality require a supermajority of eight justices.
Citations:
DW 2018. México: “El sistema anticorrupción está entrampado.” https://www.dw.com/es/méxico-el-sistema-anticorrupción-está-entrampado/a-42567912
Mexico Evalua 2019: Diagnostico inaugural, https://www.mexicoevalua.org/diagnostico-inaugural/
Latin News 2019: Weekly Report – 10 October 2019 (WR-19-40), MEXICO: Judicial autonomy under threat?
With the support of a majority in Congress, President López Obrador has to date been able to appoint four justices out of 11 justices in total. The opposition has criticized all the appointments, arguing that the candidates were loyal allies of the president, and that this would undermine judicial independence. The four justices appointed by President López Obrador indeed hold veto power, since repealing laws and resolving matters of constitutionality require a supermajority of eight justices.
Citations:
DW 2018. México: “El sistema anticorrupción está entrampado.” https://www.dw.com/es/méxico-el-sistema-anticorrupción-está-entrampado/a-42567912
Mexico Evalua 2019: Diagnostico inaugural, https://www.mexicoevalua.org/diagnostico-inaugural/
Latin News 2019: Weekly Report – 10 October 2019 (WR-19-40), MEXICO: Judicial autonomy under threat?
To what extent are public officeholders prevented from abusing their position for private interests?
10
9
9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
8
7
6
7
6
Most integrity mechanisms function effectively and provide disincentives for public officeholders willing to abuse their positions.
5
4
3
4
3
Some integrity mechanisms function, but do not effectively prevent public officeholders from abusing their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Corruption is widespread in Mexican politics, the judiciary and the police. Anti-corruption efforts so far have failed. During his presidential campaign, AMLO promised to prioritize the fight against corruption. So far, it is unclear how that could happen. According to Transparency Mexico, the president is widely considered to be honest by the public, while a majority of 61% of Mexicans believe he is doing a good job in fighting corruption.
Corruption was a key topic in the 2018 elections following widespread corruption scandals that are shaken the political arena. At the same time, efforts to implement the National Anti-Corruption System (SNA), which had been signed into law by President Nieto in 2016, floundered. At the subnational level, not even half of Mexico’s states have approved the required secondary legislation to implement the SNA.
According to a May 2017 study by Corparmex, the Mexican confederation of business owners, corruption costs Mexico around 10% of its GDP.
The AMLO administration has intensified the fight against corruption. Nonetheless, the SPA, which is filled with MORENA allies, features only one position that has been subject to a proper nomination process: the head of the Special Prosecutor’s Office for Combating Corruption. The SNA is currently developing an inclusive consultative process involving citizens, institutions, businesses, academia and subnational governments to improve national anti-corruption policies. A national SNA digital platform will provide information and improve coordination. In addition, the government has further integrated corruption into the criminal law system, increasing punishments and detention while awaiting trial. The Unidad de Inteligencia Financiera (UIF), a government agency focused on detecting and preventing financial crimes, has been the central actor in fighting corruption to date. High-ranking politicians, like the former Pemex CEO Lozoya or the head of Pemex’s workers’ union, are the target of corruption charges related to the Odebrecht corruption scandal in Latin America.
The end of impunity for presidents, a law passed by Congress in December 2020, represents a step forward in the fight against corruption.
Citations:
Latin American Regional Report: Mexico & NAFTA (August 2017) “Anti-corruption reform fails to convince.”
Transparencia Mexicana 2019: Barómetro Global de la Corrupción, https://www.tm.org.mx/barometro-al-2019/
Corruption was a key topic in the 2018 elections following widespread corruption scandals that are shaken the political arena. At the same time, efforts to implement the National Anti-Corruption System (SNA), which had been signed into law by President Nieto in 2016, floundered. At the subnational level, not even half of Mexico’s states have approved the required secondary legislation to implement the SNA.
According to a May 2017 study by Corparmex, the Mexican confederation of business owners, corruption costs Mexico around 10% of its GDP.
The AMLO administration has intensified the fight against corruption. Nonetheless, the SPA, which is filled with MORENA allies, features only one position that has been subject to a proper nomination process: the head of the Special Prosecutor’s Office for Combating Corruption. The SNA is currently developing an inclusive consultative process involving citizens, institutions, businesses, academia and subnational governments to improve national anti-corruption policies. A national SNA digital platform will provide information and improve coordination. In addition, the government has further integrated corruption into the criminal law system, increasing punishments and detention while awaiting trial. The Unidad de Inteligencia Financiera (UIF), a government agency focused on detecting and preventing financial crimes, has been the central actor in fighting corruption to date. High-ranking politicians, like the former Pemex CEO Lozoya or the head of Pemex’s workers’ union, are the target of corruption charges related to the Odebrecht corruption scandal in Latin America.
The end of impunity for presidents, a law passed by Congress in December 2020, represents a step forward in the fight against corruption.
Citations:
Latin American Regional Report: Mexico & NAFTA (August 2017) “Anti-corruption reform fails to convince.”
Transparencia Mexicana 2019: Barómetro Global de la Corrupción, https://www.tm.org.mx/barometro-al-2019/