IBA voices ‘great concern’ over Mexico’s ‘far-reaching’ judicial reform proposals

IBA president Almudena Arpón de Mendívil Aldama says the plans would likely impact judicial independence

Mexico’s outgoing president Andrés Manuel López Obrador Octavio Hoyos / Shutterstock.com

Judicial reform proposals being pushed through by outgoing Mexican president Andrés Manuel López Obrador are far-reaching and raise serious concerns about the judiciary’s independence, warns the International Bar Association.

The proposed reforms include plans for a popular vote to elect judges and magistrates, impose term limits, reduce the qualifications needed to become a judge, and create a judicial disciplinary court that would also be elected by popular vote. It would potentially result in thousands of existing judges losing their jobs.

The plans have been roundly criticised by the Mexican Bar Association, the Stanford Rule of Law Impact Lab, the Rule of Law Programme of the Inter-American Dialogue, the General Council of Mexican Lawyers, the International Association of Lawyers, the New York Bar Association and many others.

Speaking ahead of the IBA’s annual conference, taking place in Mexico later this month, IBA president Almudena Arpón de Mendívil Aldama said that while the IBA supports judiciary branch reviews when they seek to improve operations, access to justice and independence, these proposals would likely negatively impact the latter.

She said: “The IBA makes this position clear through its Rule of Law Resolution. The judicial branch’s independence is the cornerstone of the rule of law, which guarantees the protection of fundamental rights and the proper functioning of democracy.

“The ‘Judicial Reform’ should not risk the essential mission of an independent judiciary, namely the fundamental right of all persons to receive an independent, professional and fair administration of justice, which is recognised by the Mexican Constitution.”

De Mendívil Aldama added the speed at which the outgoing president is seeking to push through the reforms is also concerning.

She said: “The IBA strongly recommends that the ‘Judicial Reform’ be considered in light of Mexicans’ fundamental right to independent justice and compliance with international standards. This would ensure that the judicial branch has the best, completely independent professionals for the benefit of Mexican society.”

Mexico’s lower house of Congress approved the reforms on Wednesday (4 September) by a vote of 359-135, Reuters reported. The lower house will be able to propose changes to specific articles of the reform before it is passed to the Senate for further debate, Reuters said.

Judges and judicial workers have been on strike over the reforms since last month and on Tuesday, the country’s Supreme Court justices voted 8-3 to join the strike.

López Obrador, or AMLO as he is better known, is set to leave office later this month when his six year term comes to an end. He will be replaced on 1 October by Claudia Sheinbaum, who was elected in June as Mexico’s first woman president. She has backed AMLO’s initiative, which he claims will reduce corruption in the judiciary.

Last month Mexico paused relations with the US Embassy following criticism by US ambassador Ken Salazar over the proposals. Salazar said the planned changes are a major risk to the functioning of Mexico’s democracy and could threaten the country’s trade relationship with the US.

Email your news and story ideas to: [email protected]

Top