IBA President statement
Mexican President Andrés Manuel López Obrador has presented a legislative initiative entitled 'Judicial Reform'. The proposal is far-reaching and includes the election by popular vote of ministers of the Supreme Court of Justice of the Nation, federal judges and magistrates in addition to the reduction of their terms of office, the linking of their salaries to those of the executive branch and the creation of a judicial disciplinary court elected by popular vote.
The proposed changes raise serious concerns as they will likely affect the independence of Mexico's judicial branch, as highlighted by both national and international organisations, including 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 (Union International d'Avocats or UIA), the New York Bar Association and the Cyrus Vance Center for International Justice, among others.
The International Bar Association (IBA) supports reviews of the judiciary branch when they involve operational improvements, access to justice and, most importantly, independence. 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.
This same fundamental right is included in the main international treaties for the protection of human rights, such as the Universal Declaration of Human Rights and the American Convention on Human Rights, which apply to Mexico. The Mexican Constitution leaves no room for doubt about recognising the highest hierarchy in the Mexican legal order to the human rights rules recognised in international treaties, thus strengthening the protection of rights in light of international human rights law.
In addition to protecting fundamental rights and compliance with international standards, the consequences of the failure of the judicial branch's independence and, therefore, of the rule of law should also be considered. The rule of law promotes sustainable economic growth, and a country like Mexico, currently ranked 12th in the world economic ranking by GDP according to International Monetary Fund (IMF) data, should not jeopardise sustainable growth which is so beneficial to Mexican society.
The timing of the 'Judicial Reform' is worrisome, considering the doubts it generates about any potential benefits. Such far-reaching and concerning proposals require an even more careful study of their potential impact on an independent, professional and fair judicial branch. There is too much at stake for Mexico and Latin America. There is no rush.
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.
Almudena Arpón de Mendívil Aldama
IBA President 2023-2024
Notes
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