Duncan Wood, president and CEO of the Pacific Council on International Policy, speaks at a a Global Trade Conference co-hosted by the Rio Grande Valley Partnership and Texas Regional Bank. It was held at the Harlingen Convention Center on Sept. 12. (Photo credit: Rio Grande Valley Partnership)
HARLINGEN, Texas – Weakening the independence of Mexican judges will have a negative impact on the review process for the United States-Mexico-Canada Agreement that takes place in 2026.
This is the view of Duncan Wood, president and CEO of the Pacific Council on International Policy.
Mexico is in the process of completely overhauling its judicial branch, with 18 articles of the country’s constitution being amended. One of the amendments will require an election by popular vote of Justices of the Supreme Court, Magistrates of the Electoral Tribunal of the Judicial Branch of the Federation, Circuit Magistrates and Federal District Judges.
Wood says that under the changes, the Mexican Congress will choose which candidates are added to the ballot for voters to choose from. So, he says, the process will become highly politicized.
“Put this now in the context of a review process for the USMCA agreement that is going to take place in 2026. The legal defenses for investors are being stripped away, and they were part of the process of negotiation for the USMCA,” Wood said.
“We’re going to have a much more difficult review process in 2026 and the potential for really politicizing that process here in the United States. I’m deeply worried about what’s taking place this week.”
Wood made his remarks at a Global Trade Conference co-hosted by the Rio Grande Valley Partnership and Texas Regional Bank that was held at the Harlingen Convention Center on Sept. 12.
In his speech, Wood said Mexico’s judicial system reform “may not seem that terrible” to many in the audience.
“It essentially calls for the election of judges, and in many parts of the United States, not all, or even a majority, judges are elected. But there are requirements for them to be qualified. There are requirements for them to show that they are honest, well-trained people with a legal background. Sadly, those requirements are pretty lax in Mexico,” Wood said.
“Most importantly, the judges will be chosen. The candidates to be judges will be chosen by the Congress, and so whoever controls the Congress will put their candidates forward. And then those candidates will be voted on by the public.
“So, it’s not a free and open election for judges. They will be the ruling party’s candidates for judges. You have a politicization of the judicial system, which, in my opinion and that of many, many analysts, is quite dangerous.”
Wood said there is also the prospect of organized crime getting involved.
“We also have a very real risk that we will see even further influence by organized crime on those judges and justices. And it’s not just judges at the local level. It’s judges at the state level, at the federal level, and the Supreme Court itself.”
Wood said it is the changes impacting the Supreme Court where the danger really lies.
“Let’s face it, Mexico’s justice system has not traditionally been the best in the world,” he said.
“Let’s not lie to ourselves and say the Mexican court system was perfect. But now you’re creating a new problem rather than fixing the old problem. The corruption is still going to be there, the lack of training, the fact that now you’ve got politicization and even greater influence by organized crime.”
Wood said organized crime has become “more and more invested in elections” in Mexico over the years. “It’s a major problem,” he said.
The person behind the judicial system reforms is Mexico’s president, Andrés Manuel López Obrador, Wood opined.
“So why did AMLO do this? Well, he did it because he has a real problem with the Mexico Supreme Court, which, during his six years, stood up to him. On several occasions (the court) said, ‘No, Mr. President, you cannot do that. That’s unconstitutional.’ So, he says, ‘Fine, I’ll change the constitution, and I’ll change the constitution to get rid of you guys’.”
Wood said 7,000 Mexican judges will be up for election over the next year.
“All of those judges who are there right now will have to defend their own job – if they get the chance. So, we’re going to see an even greater weakening of this institution, which I think is a terrible, terrible loss.”
Wood pointed out that when the Mexican Constitution was written in 1917 its framers rejected the idea of elected judges. “They called elective judges an inexplicable aberration. They believed that elected judges lead corruption. Andrés Manuel has gone completely against the historical legacy that he talks about all the time and says that he’s following.”
Wood said that an independent judiciary in Mexico became super important in the 1980s and 1990s. He said that was because Mexico’s Supreme Court “became a defender of investor rights, providing them with legal certainty that they wouldn’t have otherwise. And this is why it matters for us today.”
Wood said senior figures in the United States have publicly voiced concerns about the judicial system changes happening in Mexico. He said these include Ken Salazar, the U.S. Ambassador to Mexico, and Brian Nichols, the Assistant Secretary of State for Western Hemisphere Affairs. He said a group of U.S. Representatives have also signed a letter saying, “we are deeply concerned about the impact of this.”
Wood said he agreed with their analysis. “I’m deeply worried about what’s taking place this week,” he said.
Editor’s Note: Rio Grande Guardian Editor Steve Taylor contributed to this story from McAllen, Texas.
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Publish date : 2024-09-21 01:11:00
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