Mexican president introduces controversial law to elect all judges

Mexico City (AFP) – President Andrés Manuel Lopez Obrador signed a law Sunday that heralds controversial reforms to the judicial system, making Mexico the only country in the world where all judges are elected by popular vote.

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The outgoing left-wing politician advocated for constitutional changes he said were needed to clean up the “rotten” judiciary, which serves the interests of the political and economic elite.

Critics fear that elected judges could be influenced by politics and are vulnerable to pressure from powerful drug cartels that regularly use bribery and intimidation to influence officials.

Lopez Obrador signed the decree in a video posted on social media, calling it a “historic day.”

He was joined by President-elect Claudia Sheinbaum, his staunch ally, who will replace him on October 1 after a landslide election victory that gave the governing coalition large majorities in both houses of Congress.

“We need justice for all, we want there to be no corruption in the judiciary and for judges, magistrates and judges to literally apply the principle that there is nothing outside the law and no one is above the law,” Lopez Obrador said.

“It was said that we lived in a democracy, but no, it was an oligarchy that had the power. They were the ones at the top, a minority that had a semblance of democracy,” he added.

Since taking office in 2018, Lopez Obrador has frequently spoken out strongly about the judiciary, particularly the Supreme Court, which has hampered some of his policies in areas such as energy and security.

The judicial reforms have led to diplomatic tensions with key trading partners the United States and Canada, angered investors and sparked opposition protests.

Mexico's outgoing President Andrés Manuel Lopez Obrador wants judges to be elected by popular vote
Mexico’s outgoing President Andrés Manuel Lopez Obrador wants judges to be elected by popular vote © Yuri CORTEZ / AFP/File

Last week, lawmakers had to suspend their debate and move to another location after protesters stormed the Senate.

Opponents say the reforms, which would require even Supreme Court and other high court judges to run for office in 2025 or 2027, undermine democratic checks and balances.

“There is no other country where there is a mass election of all judges,” Margaret Satterthwaite, UN special rapporteur on the independence of judges and lawyers, told AFP ahead of the law’s passage.

“Without strong safeguards against infiltration by organised crime (into the judicial selection process), an electoral system can become vulnerable to such powerful forces,” she said.

The United States, Mexico’s top trading partner, has warned that the reforms threaten a relationship that depends on investor confidence in Mexico’s legal framework.

The changes could pose a “grave risk” to Mexico’s democracy and allow criminals to “exploit politically motivated and inexperienced judges,” U.S. Ambassador Ken Salazar said last month.

Human Rights Watch has called on lawmakers to reject the “dangerous proposals,” which it said would “seriously undermine the independence of the judiciary and violate international human rights standards.”

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