Section II. Status of Government Respect for Religious Freedom
The constitution states all persons have the right to follow or adopt the religion of their choosing, or not to follow a religion. This freedom includes the right to participate individually or collectively, both in public and in private, in ceremonies, devotions, and acts of worship if they do not constitute an offense otherwise prohibited by law. Article 40 of the constitution declares the country a secular state. Secularism is mentioned in three other articles, including one dedicated to education. Philosophical freedoms of conscience and religion receive equal treatment by the state. Congress may not dictate laws that establish or prohibit any religion. Religious acts of public worship should be held in places of worship. Individuals who conduct religious ceremonies outside of places of worship, which requires a permit, are subject to regulatory law. Active clergy may not hold public office, advocate partisan political views, support political candidates, or publicly oppose the laws or institutions of the state.
To establish a religious association, applicants must certify the church or other religious group observes, practices, propagates, or instructs a religious doctrine or body of religious beliefs; has conducted religious activities in the country for at least five years; has established domicile in the country; and shows sufficient assets to achieve its purpose. Registered associations may freely organize their internal structures and adopt bylaws or rules pertaining to their governance and operations, including the training and appointment of their clergy. They may engage in public worship and celebrate acts for the fulfillment of the association’s purpose lawfully and without profit. They may propagate their doctrine in accordance with applicable regulations and participate in the creation, management, maintenance, and operation of private welfare, educational, and health institutions, provided the institutions are not for profit.
Religious groups are not required to register with DGAR to operate. Registration is required to negotiate contracts, purchase or rent land, apply for official building permits, receive tax exemptions, or hold religious meetings outside of customary places of worship. A religious group registering for the first time may not register online; its representatives must register in person. Religious groups must apply for permits to construct new buildings or convert existing buildings into places of worship. Any religious building constructed after January 27, 1992, is the property of the religious group that built it and is subject to relevant taxes. All religious buildings erected before then are considered part of the national patrimony and owned by the state.
Religious associations must notify the government of their intention to hold a religious meeting outside their licensed place or places of worship. Religious associations may not hold political meetings of any kind or own or operate radio or television stations. Government permission is required for commercial radio or television to transmit religious programming.
The federal government coordinates religious affairs through SEGOB. Within SEGOB, DGAR promotes religious tolerance, conducts conflict mediation, and investigates cases of religious intolerance. If a party presents a dispute based on allegations of religious intolerance, DGAR may mediate a solution. Each of the 32 states has offices responsible for religious affairs. The National Council to Prevent Discrimination (CONAPRED) is an autonomous federal agency responsible for ensuring nondiscrimination and equal opportunity, including for minority religious groups.
The law provides that prisoners receive dignified and equal treatment from prison staff without distinction based on religious preferences.
The constitution requires that public education be secular and not include religious doctrine. Religious groups may operate private schools that teach religion and hold religious ceremonies at their schools. Private schools affiliated with a religious group are open to all students regardless of their religious beliefs. Students in private schools are exempt from participating in religious courses and activities if the students are not affiliated with the school’s religious group. Homeschooling is allowed at the secondary level after completion of schooling at an accredited primary school.
A visa category exists for foreign clergy and religious associates to obtain a temporary resident visa or visitor visa without permission to perform paid religious activities.
The constitution recognizes the right of indigenous communities to autonomy and codifies their right to use their own legal systems for the resolution of conflicts within their communities, while respecting human rights as defined in the constitution and the international treaties to which the country is a signatory. The constitution also protects the right of indigenous leaders to practice their own “uses and customs.” This right of self-governance for indigenous communities sometimes conflicts with other rights provided by the constitution, including freedom of religion, for members of those communities.
The country is a party to the International Covenant on Civil and Political Rights (ICCPR). It claims both an interpretative statement and a reservation relating to freedom of religion in the covenant. Article 18 of the ICCPR states that countries may limit religious freedom only when it is “necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.” The country’s interpretative statement states that religious acts must be performed in places of worship unless granted prior permission and that the education of religious ministers is not officially recognized.
DGAR continued to work with state and local officials to mediate conflicts involving religious intolerance. DGAR investigated four cases related to religious freedom at the federal level during the year, compared with seven in 2019. The cases were in the states of Morelos, Chiapas, and Guerrero. Most of these cases involved religious minorities who stated members of the majority religious community where they lived had deprived them of their rights and basic services, including water and electricity. At year’s end, no updates were available on the cases. According to DGAR, most incidents of religious discrimination should have been filed with the state government because the federal government did not hold jurisdiction. Some NGOs stated municipal and state officials mediated disputes between religious groups, but government officials said this was not official practice. NGOs noted municipal and state officials frequently sided with local leaders at the expense of minority religions. Some groups also said officials rarely pursued legal punishments against offending local leaders, preferring instead to reach informal mediated solutions. According to CSW, informal mediated solutions rarely led to change in the status quo and favored the majority religious group.
During the year, CONAPRED did not receive any complaints of religious discrimination, compared with four in 2019. According to some sources, cases of religious discrimination were often not reported due to lack of awareness of the filing process.
As of September, DGAR listed 9,558 registered religious associations, including an additional 94 groups registered in December 2019. According to DGAR, it did not register any new religious associations during the year due to COVID-19. Registered groups included 9,515 Christian, 12 Buddhist, 10 Jewish, three Islamic, two Hindu, and two International Society for Krishna Consciousness groups as well as 14 new religious expression groups. According to DGAR, new religious expressions groups are philosophical or spiritual communities that might be born of new beliefs or be part of a broader religion; they are on the periphery of traditional religions.
According to media reports, on May 24, the indigenous community of San Jose Puerto Rico, Huixtan, in the state of Chiapas, expelled six evangelical Protestant families. The families said local community authorities arrested and jailed them for not practicing Catholicism. Following their arrests and release, the families abandoned their homes, belongings, and animals.
According to CSW, as of August, community members continued farming in their attempt to appropriate the land of one of four evangelical Protestant families forcibly displaced by community members of Cuamontax, in the state of Hidalgo, in July 2019. On June 15, the UN Special Rapporteur on Freedom of Religion or Belief made an inquiry of the government; on August 12, officials of the Mexican Permanent Mission to the United Nations acknowledged receipt of the inquiry and said they would relay it to relevant offices. As of year’s end, the government had not provided a substantive response.
NGOs and some religious organizations continued to state that several rural and indigenous communities expected residents, regardless of their faith, to participate in and fund traditional community religious gatherings and in some cases, to adhere to the majority religion. According to CSW’s 2020 report, some Protestant minority families from indigenous communities were denied access to crucial utilities, such as water and electricity, and some children were not allowed to attend local schools because their families did not adhere to the majority religion. In the state of Chiapas, 12 Protestants who were detained and then released in 2019 remained without access to water after declining to participate in Catholic festivities.
In July, the SCJN issued a ruling guaranteeing reintegration and protection for a group of indigenous Jehovah’s Witnesses in Tuxpan de Bolanos, in the state of Jalisco. In 2017, community members expelled the Jehovah’s Witnesses for refusing to participate in Catholic community activities. The court decided the affected parties should reintegrate into the territory of their communities and ordered state authorities to guarantee their security. The court also ruled the Jehovah’s Witnesses should be relocated to a different part of the territory and their prior community could continue to deny their “rights and obligations” as community members “as they no longer share an essential element, their religion.” The court ruling restored the Jehovah’s Witnesses’ access to housing and their personal belongings in the territory as well as the ability to make a living. The court also ruled the Jehovah’s Witnesses should be relocated to a different plot of land within the territory because the indigenous community was allowed to exclude the Jehovah’s Witnesses from the rights and obligations they would enjoy as full community members. According to CSW, the SCJN’s ruling was the first to provide protection for indigenous persons whose rights were reportedly abused through an indigenous community’s legally protected “uses and customs.”
According to DGAR, the federal government continued to promote dialogue with religious actors with the goal of ensuring the exercise of religious freedom and resolving conflicts involving religious intolerance. In September 2019, SEGOB launched the National Strategy for the Promotion of Respect and Tolerance of Religious Diversity: We Create Peace. DGAR advanced the three main pillars of the strategy: dialogue, dissemination, and training to promote religious freedom. Through outreach, DGAR encouraged state and municipal directors to act as auxiliaries of DGAR and assist in resolving religious intolerance issues immediately to protect the human rights of minority religious group members. According to Jorge Lee Galindo, deputy director general in SEGOB’s Religious Issues Office, DGAR trained government employees and religious leaders on DGAR’s paperwork process during the year so they could access the services DGAR offers at the municipal and state levels.
Religions for Inclusion, a government-run interfaith working group, held several meetings to discuss gender-based violence, generalized violence, efforts to search for the disappeared, and COVID-19. The group regularly discussed their experiences with religious intolerance or discrimination. CONAPRED established Religions for Inclusion to create institutional dialogue to deepen its understanding of other faiths, build common ground, and coordinate collective action on issues involving shared social concerns. Members of the group included leaders of the Protestant, evangelical Christian, Roman Catholic, Church of Jesus Christ, LLDM, Old Catholic Church (Veterocatolica), Jewish, Muslim, Sikh, Baha’i, Buddhist, and Church of Scientology communities.