The Fort Worth Press - Why is Mexico's judicial reform plan so controversial?

USD -
AED 3.672955
AFN 68.291665
ALL 93.057229
AMD 389.770539
ANG 1.808359
AOA 911.999876
ARS 998.532199
AUD 1.54988
AWG 1.795
AZN 1.697017
BAM 1.855228
BBD 2.025868
BDT 119.90021
BGN 1.854597
BHD 0.376917
BIF 2963.296747
BMD 1
BND 1.345185
BOB 6.933055
BRL 5.813402
BSD 1.003315
BTN 84.297531
BWP 13.716757
BYN 3.283486
BYR 19600
BZD 2.022453
CAD 1.41015
CDF 2864.999832
CHF 0.887035
CLF 0.035506
CLP 979.710204
CNY 7.242501
CNH 7.24807
COP 4425.67
CRC 510.64839
CUC 1
CUP 26.5
CVE 104.59491
CZK 23.979009
DJF 178.66544
DKK 7.071903
DOP 60.456292
DZD 133.656995
EGP 49.400102
ERN 15
ETB 121.511455
EUR 0.948115
FJD 2.278498
FKP 0.789317
GBP 0.7925
GEL 2.735008
GGP 0.789317
GHS 16.027888
GIP 0.789317
GMD 70.999942
GNF 8646.941079
GTQ 7.74893
GYD 209.812896
HKD 7.78432
HNL 25.339847
HRK 7.133259
HTG 131.909727
HUF 388.409844
IDR 15864.8
ILS 3.7345
IMP 0.789317
INR 84.398896
IQD 1314.3429
IRR 42092.499948
ISK 137.560342
JEP 0.789317
JMD 159.351136
JOD 0.709104
JPY 154.813499
KES 129.502457
KGS 86.496346
KHR 4053.579729
KMF 466.574992
KPW 899.999621
KRW 1396.584777
KWD 0.30762
KYD 0.836179
KZT 498.615064
LAK 22046.736197
LBP 89848.180874
LKR 293.122747
LRD 184.608672
LSL 18.253487
LTL 2.95274
LVL 0.60489
LYD 4.900375
MAD 10.002609
MDL 18.230627
MGA 4667.201055
MKD 58.334202
MMK 3247.960992
MNT 3397.999946
MOP 8.045323
MRU 40.054641
MUR 47.050159
MVR 15.450295
MWK 1739.868711
MXN 20.40985
MYR 4.481992
MZN 63.875304
NAD 18.253747
NGN 1697.505277
NIO 36.921442
NOK 11.126745
NPR 134.880831
NZD 1.71176
OMR 0.385024
PAB 1.003296
PEN 3.808919
PGK 4.034511
PHP 58.657018
PKR 278.580996
PLN 4.113058
PYG 7828.648128
QAR 3.65762
RON 4.7186
RSD 110.926003
RUB 99.874552
RWF 1378.077124
SAR 3.753439
SBD 8.390419
SCR 13.687135
SDG 601.499395
SEK 11.001835
SGD 1.34441
SHP 0.789317
SLE 22.600451
SLL 20969.504736
SOS 573.447802
SRD 35.315501
STD 20697.981008
SVC 8.779169
SYP 2512.529858
SZL 18.247358
THB 34.857985
TJS 10.695389
TMT 3.51
TND 3.165498
TOP 2.342101
TRY 34.505085
TTD 6.812749
TWD 32.542499
TZS 2659.999793
UAH 41.44503
UGX 3682.325879
UYU 43.055121
UZS 12842.792233
VES 45.738084
VND 25412.5
VUV 118.722009
WST 2.791591
XAF 622.255635
XAG 0.032646
XAU 0.000387
XCD 2.70255
XDR 0.755845
XOF 622.229073
XPF 113.127366
YER 249.874973
ZAR 18.15195
ZMK 9001.200406
ZMW 27.546563
ZWL 321.999592
  • RBGPF

    61.8400

    61.84

    +100%

  • NGG

    0.3800

    62.75

    +0.61%

  • RELX

    -1.5000

    44.45

    -3.37%

  • BTI

    0.9000

    36.39

    +2.47%

  • VOD

    0.0900

    8.77

    +1.03%

  • AZN

    -1.8100

    63.23

    -2.86%

  • GSK

    -0.6509

    33.35

    -1.95%

  • RIO

    0.5500

    60.98

    +0.9%

  • RYCEF

    0.0400

    6.82

    +0.59%

  • CMSC

    0.0200

    24.57

    +0.08%

  • SCS

    -0.0400

    13.23

    -0.3%

  • BP

    -0.0700

    28.98

    -0.24%

  • BCC

    -0.2600

    140.09

    -0.19%

  • BCE

    -0.0200

    26.82

    -0.07%

  • JRI

    0.0235

    13.1

    +0.18%

  • CMSD

    0.0822

    24.44

    +0.34%

Why is Mexico's judicial reform plan so controversial?
Why is Mexico's judicial reform plan so controversial? / Photo: © AFP/File

Why is Mexico's judicial reform plan so controversial?

Judicial reforms championed by Mexico's outgoing president, Andres Manuel Lopez Obrador, and supported by his incoming successor have sparked diplomatic tensions with the United States and upset financial markets.

Text size:

Here are the key points of the proposals, which will be debated in the ruling-party-dominated Congress, due to convene on Sunday:

- What's the plan? -

Lopez Obrador wants Supreme Court and other judges and magistrates to be elected by popular vote, arguing that the judiciary now serves the interests of the political and economic elite.

Candidates would be proposed by the executive, legislative and judicial branches of government.

At present, Supreme Court justices are nominated by the president and ratified by the Senate.

Judges and magistrates are appointed by the Federal Judicial Council, an administrative body.

The proposals, which are supported by president-elect Claudia Sheinbaum, who will take office on October 1, would reduce the number of Supreme Court judges from 11 to nine.

Their terms of office would be shortened from 15 years to 12.

A new body would be formed to supervise judges, in a country where the rate of impunity -- of being able to avoid accountability for crimes -- stands at 99 percent, according to the non-governmental organization Impunidad Cero.

The system would have similarities to that of Bolivia, where members of the high courts are elected by popular vote.

Some states in the United States use elections to select judges. In Switzerland, judges are chosen by voters at the local level.

- Why the controversy? -

Opposition politicians, judges and judicial employees say that the reforms would politicize the justice system and compromise the separation of powers between the branches of government.

Margaret Satterthwaite, United Nations special rapporteur on the independence of judges and lawyers, has also voiced "deep concerns" about the plan's "broad implications for judicial independence across Mexico."

"I urge the authorities to carefully reconsider the proposal, giving appropriate weight to the human rights guarantee of judicial independence," she wrote on social media platform X.

Human Rights Watch urged lawmakers to reject what it called the "dangerous proposals," saying they would "seriously undermine judicial independence and contravene international human rights standards."

The New York-based rights group expressed concern that the reforms would also eliminate restrictions on the military carrying out civilian law enforcement.

"Given Mexico's long history of serious human rights violations and official cover-ups, legislators should be taking steps to strengthen human rights protections, not weaken them," it said.

- What's the diplomatic fallout? -

US Ambassador to Mexico Ken Salazar has warned that the changes would "threaten" a trade relationship between the neighboring countries that "relies on investors' confidence in Mexico's legal framework."

The reforms could pose "a major risk to the functioning of Mexico's democracy," he told journalists.

In particular, they could "make it easier for cartels and other bad actors to take advantage of politically motivated and inexperienced judges," Salazar said.

Canada, also a member of the major free trade partnership with the United States and Mexico, has for its part said investors are worried.

"They want stability, they want a judicial system that works if there are problems," Canadian Ambassador Graeme Clark said.

In response, Lopez Obrador announced a "pause" in relations with the US and Canadian embassies, criticizing the ambassadors' statements as "interventionist."

- Why are markets nervous? -

Several investment firms have warned that curbing the independence of the judiciary would affect the resolution of conflicts between the government and the private sector.

The changes would "lead to heightened uncertainty" about the legal operating environment, British consultancy firm Capital Economics wrote in a note to clients.

"The politicization of the justice system could raise concerns about whether disputes between businesses and the government would be resolved in an impartial manner," it said.

Since Sheinbaum, a close ally of Lopez Obrador, won a landslide election victory June 2, the Mexican peso has fallen by around 16 percent against the dollar.

The drop reflects "concerns about the country's economic stability... and also the perception of risk that foreign investors are beginning to attribute to Mexico," Ramse Gutierrez, co-director of investments at asset manager Franklin Templeton, told AFP.

L.Coleman--TFWP