The International Commission of Jurists (ICJ) today called on the Mexican Senate to reject the judicial reform bill currently before it, and on the parliament and incoming government to promptly act to revise the proposed reform process to bring it into line with the principles of the rule of law and the independence of the judiciary.
This draft bill, first proposed by the current president, Andres Manuel Lopez Obrador in February 2024, is aimed at changing the structure and functioning of the judicial system, both at the federal and local level. It was approved in the Deputy Chamber of the Parliament on 4 September.
The ICJ considers that if approved and put into effect, the reform would serve to seriously undermine judicial independence in a variety of ways, as well as carry adverse effects on the fair administration of justice in the country.
“The bill to reform the judiciary poses a serious threat to democracy and the rule of law in Mexico, since, as stated in the Inter-American Democratic Charter, the judicial independence is an essential element of a representative democracy”, said Santiago A. Canton, ICJ Secretary General.
“The proposed changes would not only undermine that independence, but would also significantly impair the protection of human rights in Mexico,” added Canton.
The UN Special Rapporteur on the Independence of Judges and Lawyers has voiced similar concerns.
Key elements of the reform include:
- Modification of the selection procedure for all judges in the country, including the Justices of the Supreme Court and the Federal Electoral Tribunal, by introducing an election through popular vote with a pre-selection procedure that would involve the Executive, Legislative and Supreme Court;
- Lowering the qualification criteria to become a judge in all instances of the judiciary;
- Dismissal of all judges in the federal judiciary, including the Ministers of the Supreme Court of Justice, thereby eliminating their security of tenure and forcing them to run for office under the complex new arrangements if they would want to continue being judges;
- Providing for the possibly of using anonymous “faceless judges” which violates Article 8(1) of the American Convention on Human Rights as held by the Inter-American Court of Human Rights;
- Eliminating the Federal Judicial Council in favour of a new administration body and a Judicial Disciplinary Court which could carry out disciplinary proceedings against judges on broad grounds of discretionary interpretation and that would be subjected to electoral vote as well.
These changes would bring an extraordinary level of political influence into the process of judicial appointments and judicial administration. They would also risk a diminution in the quality and integration in the administration of justice throughout Mexico.
The ICJ understands that some reforms are needed to the existing judicial system, but any reforms must remain true to core rule of law principles.
Read the press release in Spanish: MEXICO Press Release_Spanish