The right-wing Mexican opposition has vowed to continue trying to repeal the Judicial Reform approved and signed into law a few days ago in Mexico. According to spokespersons of the right-wing National Action Party (PAN), a set of legal actions will be presented in the next coming days to archive the modifications to the constitution that the Judicial Reform entails.
In an interview offered to CNN, Noemí Luna, legislative coordinator of the PAN, announced that it is still waiting for the verdict of the Supreme Court of Justice of Mexico that will be offered by this institution before an Amparo action that her party will present for considering that the Judicial Reform is unconstitutional because the Indigenous peoples were not consulted on it: “[According to Mexican laws], a reform of this magnitude had an obligation to consult the municipalities where there are Indigenous populations and this was not done.”
In addition, Luna clarified that they are going to present a challenge to the legislative process: “We must remember that the opinion was presented in the 65th legislative period and approved in the 66th legislative period. In other words, the right of the legislators themselves to know in depth the issue in question was violated because 399 deputies of the new legislative period were not part of the previous period. To these criticisms are added those of former right-wing President Ernesto Zedillo, who said that the Judicial Reform “destroys the judicial power and with it, they will bury democracy and what is left of its fragile rule of law.”
For his part, AMLO said that PAN militants have every right to file as many complaints or challenges as they consider necessary, although according to him there is no reason to believe that the Judicial Reform is unconstitutional. According to the President, what underlies these attempts to repeal the Judicial Reform is an absolute defense of the powers that be in Mexico, which had managed to erect a political-judicial structure that allowed them to control the judicial and political system in an almost complete manner.
In the same morning press conference, the Executive’s communication team affirmed that the established legal mechanisms were respected throughout the judicial reform process. Furthermore, it was assured that contrary to what former President Zedillo claimed, the Reform strengthens democracy by allowing the popular vote to designate who will be its judges.
Another Reform approved
Another victory scored by AMLO’s government before the end of his term is the unanimous approval (492 votes in favor, 0 abstentions, and 0 votes against) in the Senate of the Constitutional Reform on the Rights of Indigenous and Afro-Mexican Peoples, which seeks, according to the Executive, “to settle the historical debt owed in Mexico and give them recognition as subjects of public, collective and individual law.”
In this way, it is intended to recognize Indigenous and Afro-Mexican peoples and communities as subjects of public law, their self-determination, and political autonomy at different institutional levels. It also recognizes the importance of the country’s Indigenous women, children, and adolescents, as well as the territories these peoples occupy. In other words, Indigenous and Afro-Mexican peoples are holders of a collective heritage of their own.
A very important issue is the Reform’s recognition of Indigenous normative systems, which, nevertheless, must be harmoniously integrated into the national legal system. Among these mechanisms are the free, prior, and informed consultation of the political processes that affect these territories. According to Jugo Aguilar Ortiz, general coordinator of Indigenous Rights of the National Institute of Indigenous Peoples (INPI), the Reform obliges the Mexican State to adapt its normative framework to international advances and the Reform.
This coming week, the reform will head to the Senate for approval.
