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Mexico

Executive Summary

Mexico is a multiparty federal republic with an elected president and bicameral legislature. Andres Manuel Lopez Obrador of the MORENA party coalition won the presidential election in generally free and fair multiparty elections in 2018. In the June midterm elections, citizens voted for all members of the Chamber of Deputies, 15 governors, state legislators, and mayors across the country. The elections were generally free and fair.

The National Guard and state and municipal police are responsible for enforcing the law and maintaining order. The National Guard, which began operations in 2019, is a civilian institution reporting to the Secretariat of Public Security and Civil Protection. In 2019 the Federal Police was disbanded, and in May 2020 all remaining assets and personnel transferred to the National Guard. A 2019 constitutional amendment grants the president the authority to use the armed forces to protect internal and national security through 2024. Most National Guard personnel are seconded from the army and navy and have the option to return to their services after five years. State preventive police report to state governors, while municipal police report to mayors. The Secretariat of National Defense and Secretariat of the Navy also play a role in domestic security, particularly in combating organized criminal groups. The National Migration Institute, under the authority of the Interior Secretariat, is responsible for enforcing migration law. Although authorities generally maintained effective control over the security forces, there were instances in which security force elements acted independently of civilian control. There were credible reports that members of security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by police, military, and other governmental officials; forced disappearance by government agents; torture and degrading treatment by security forces; harsh and life-threatening prison conditions; arbitrary arrest or detention; restrictions on free expression and media, including violence against journalists; acts of corruption; insufficient investigation of and accountability for gender-based violence, including but not limited to domestic and intimate partner violence; crimes involving violence or threats of violence targeting persons with disabilities; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons.

Impunity and extremely low rates of prosecution remained a problem for all crimes, including human rights abuses and corruption. There were reports some government agents were complicit with international organized criminal gangs, and prosecution and conviction rates were low for these abuses.

Organized criminal elements, including local and transnational gangs, and narcotics traffickers, were significant perpetrators of violent crimes and committed acts of homicide, torture, kidnapping, extortion, human trafficking, bribery, intimidation, and other threats, resulting in high levels of violence and exploitation, particularly targeting vulnerable groups. The government investigated and prosecuted some of these crimes, but the vast majority remained uninvestigated and unprosecuted.

Section 2. Respect for Civil Liberties

a. Freedom of Expression, Including for Members of the Press and Other Media

The law provides for freedom of expression, including for members of the press and other media, and the government generally respected this right. Most newspapers, television stations, and radio stations were privately owned. The government had minimal presence in the ownership of news media but remained a significant source of advertising revenue for many media organizations, which at times influenced coverage. Media monopolies, especially in small markets, at times constrained freedom of expression.

Freedom of Expression for Members of the Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction but often self-censored due to fear of reprisal. Journalists could criticize the government and discuss matters of general interest with no restrictions. Politicians publicly discredited and criticized such journalists, however.

On August 7, several journalist organizations, including the Puebla Network of Journalists, National Network of Journalists, Communication, and Information on Women, and International Network of Journalists with a Gender Vision, issued a statement denouncing increased levels of violence against female journalists in Puebla from security forces and criminal organizations. The group reported 16 acts of aggression against female journalists between January and July and called on the Puebla governor to guarantee the adoption of public policies to respect, protect, and guarantee the exercise of journalism.

Violence and Harassment: Journalists were killed or subjected to physical and cyberattacks, harassment, and intimidation (especially by state agents and transnational criminal organizations) in response to their reporting. This limited media’s ability to investigate and report, since many of the reporters who were killed covered crime, corruption, and local politics. High levels of impunity, including for killings or attacks on journalists, resulted in self-censorship and reduced freedom of expression and the press.

According to NGO Article 19, lethal attacks occurred against journalists in Sonora, including the killings of Benjamin Morales on May 3 and Ricardo Lopez Dominguez on July 22 and the disappearance of Jorge Molontzin on March 16.

The Interior Secretariat registered 224 verbal and physical attacks against journalists in 2020 and a total of 1,052 between 2015 and 2020, 41 percent of which the secretariat attributed to public servants. The most common aggressions were intimidation and harassment, followed by threats and physical attacks, according to civil society groups. In the first six months of the year, Article 19 registered 362 attacks against journalists and accused public officials of committing 134 of them.

Between 2017 and August the Office of the Special Prosecutor for Crimes against Journalists, a unit in the Prosecutor General’s Office, charged 136 public servants for crimes against journalists. For example, the office issued three arrest warrants in the case of the August 2020 killing of Juan Nelcio Espinosa, an independent journalist in Piedras Negras, Coahuila, who died while in police custody. The investigation continued as of August 30.

Censorship or Content Restrictions: Human rights groups reported that some state and local governments censored media. Journalists reported altering their coverage due to a lack of protection from the government, attacks against members of media and newsrooms, and threats or retributions against their families, among other reasons. There were reports of journalists practicing self-censorship due to threats from criminal groups and government officials.

Freedom of expression advocacy groups reported the government, despite reductions in its advertising budgets, continued to have a strong financial impact and influence on the largest media companies. According to advocacy groups, no information was available concerning the criteria through which the government chooses media outlets for public advertising.

Libel/Slander Laws: There are no federal criminal laws against defamation, libel, or slander; however, eight states have criminal laws on these acts. In Baja California Sur, Guanajuato, Michoacan, Nayarit, Nuevo Leon, and Yucatan, the crimes of defamation and libel are prosecuted, with penalties ranging from three days to five years in prison and fines for committing defamation or slander, both considered “crimes against honor.” Slander is punishable under the criminal laws of the states of Campeche, Nuevo Leon, Sonora, Yucatan, and Zacatecas, with sentences ranging from three months to six years in prison and fines. Five states have laws that restrict the publishing of political caricatures or “memes.” These laws were seldom applied.

In addition to criminal libel and defamation laws, civil law defines “moral damage” as similar to defamation concerning harm to a person’s “feelings, affections, beliefs, dignity, honor, reputation, and privacy,” according to the NGO Committee to Protect Journalists. A 2016 ruling by the Supreme Court removed the cap on fines for moral damages, leaving journalists vulnerable to exorbitant fines. In 2019 a Mexico City court ordered academic Sergio Aguayo, a columnist of the daily newspaper Reforma, to pay a fine of 10 million pesos ($530,000) in moral damages to former Coahuila governor Humberto Moreira. In July 2020 the Supreme Court agreed to analyze the case but as of August 23 had not issued a ruling.

According to civil society, libel and defamation proceedings tripled from 11 cases in 2019 to 33 cases in 2020. The Puebla state government sued the news outlet E-Consulta seven times due to its reporting.

Nongovernmental Impact: Organized criminal groups exercised a grave influence over media outlets and reporters, threatening individuals who published critical views of crime groups. Concerns persisted regarding organized criminal groups’ use of physical violence in retaliation for information posted online, which exposed journalists, bloggers, and social media users to the same level of violence faced by traditional journalists. For example, journalists in Nogales, Sonora, said they were aware of unspoken red lines in covering organized crime and that crossing lines, such as mentioning the name of an alleged assailant, could result in personal harm.

The government’s National Protection Mechanism to Protect Journalists and Human Rights Defenders provided panic buttons, bodyguards, and temporary relocation to journalists and human rights defenders. According to the Interior Secretariat, between 2018 and July assailants killed seven journalists and two defenders under protection of the mechanism.

On June 17, while journalist Gustavo Sanchez Cabrera was riding his motorcycle, two unidentified individuals in a car crashed into him, exited the car, and fatally shot him. Sanchez was a reporter for Facebook-based Panorama Pacifico and was in the protection mechanism after suffering an attempt on his life in July 2020. According to civil society, the protections the mechanism provided after the attempt to his life were lacking. As of August 27, there were no updates in this investigation.

On August 8, self-proclaimed members of Cartel Jalisco New Generation released a video showing a group of armed men threatening to kill journalist Azucena Uresti for reporting on self-defense groups fighting the cartel in Michoacan. As of August 18, authorities had not confirmed whether the threatening video was genuine. President Lopez Obrador condemned the threats, and the Interior Secretariat confirmed that authorities would grant Uresti protection measures.

The threat against journalists by organized crime was particularly high in the state of Guerrero. Journalists in Iguala, Guerrero, received anonymous messages through social networks, such as Facebook and WhatsApp, threatening them and their families, according to civil society. Following the August 2020 killing of Pablo Morrugares, El Diario de Iguala newspaper published a note blaming organized crime and Governor Hector Astudillo Flores’ administration for violence against journalists and impunity. In August 2020 attackers fired multiple shots at the building housing the printing facilities of El Diario de Iguala.

In June a federal judge sentenced Juan Francisco Picos Barrueto to 32 years in prison for the 2017 murder of journalist Javier Valdez Cardenas. Also in June a federal judge sentenced the former mayor of Chinipas, Chihuahua, Hugo Amed Schultz Alcaraz, to eight years in prison for his role in the 2017 murder of Miroslava Breach, a prominent La Jornada newspaper correspondent who reported on organized crime and corruption. In August 2020 a federal judge sentenced Juan Carlos “El Larry” Moreno Ochoa to 50 years in prison for killing Breach.

Internet Freedom

The government did not restrict or disrupt access to the internet or block or filter online content. Freedom House’s 2021 Freedom on the Net report categorized the country’s internet as partly free, noting concerns regarding online manipulation tactics, potential for politicized content removals, high levels of violence against digital reporters, and investigations surrounding abusive surveillance practices.

In June the Federal Telecommunications Institute, an autonomous agency created to increase the transparency of media regulation, released internet neutrality guidelines for internet service providers. The guidelines allow internet service providers to deny access to certain applications, content, and services based on commercial criteria, in breach of their obligations to protect neutrality. Some public officials blocked critical journalists and media from following their social media accounts.

According to Google Report, Google received 24 requests from authorities in 2020 to remove content – 13 from police, eight from government officials, and three from unspecified sources. The most common reason to remove content was defamation, followed by privacy and security. Google received more removal requests from government agents in 2020 than in any other year except 2014. Digital media journalists covering stories such as crime, corruption, and human rights violations experienced physical violence and online abuse. Online discrimination, harassment, and threats were problems particularly for women journalists and politicians, as well as any individuals and organizations advocating for women’s rights.

NGOs alleged that provisions in laws threatened the privacy of internet users by forcing telecommunication companies to retain data for two years, providing real-time geolocation data to police, and allowing authorities to obtain metadata from private communications companies without a court order. While the Supreme Court upheld the provisions, it noted the need for authorities to obtain a judicial warrant to access user metadata.

Twitter users posted threats against journalists. Journalists who asked difficult questions of government officials during press engagements received attacks via Twitter. Tweets disseminated their identities and their media outlets and also made veiled threats.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights, with some exceptions. There were reports of security forces using excessive force against demonstrators. Twelve states have laws restricting public demonstrations. Government failures to investigate and prosecute attacks on protesters and human rights defenders resulted in impunity for these crimes, consistent with high impunity rates for all crimes. NGOs reported that acts of excessive use of force and arbitrary detention occurred against female protesters, especially those protesting gender-based violence.

In May in Chicoloapan, state of Mexico, municipal police beat and detained supporters of feminist groups as they led a protest against gender-based violence and political parties. Municipal police arrested eight women and one man, later releasing all detainees.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Federal law criminalizes the rape of men and women, including spousal rape, and conviction carries penalties of up to 20 years’ imprisonment. Spousal rape is criminalized in 26 of the 32 states. Between January and June, state authorities opened 10,458 new rape investigations. There were high rates of impunity for these crimes, consistent with high impunity rates for all crimes.

Federal law prohibits domestic violence and stipulates penalties for conviction of between six months’ and four years’ imprisonment. Of the 32 states, 29 stipulate similar penalties, although sentences were often more lenient. Federal law criminalizes spousal abuse. State and municipal laws addressing domestic violence largely failed to meet the required federal standards and often were unenforced. In June the government amended the General Law on Women’s Access to a Life Free of Violence to include media and digital violence as a form of violence against women.

According to the National Institute of Statistics and Geography (INEGI) 2016 survey, 18 percent of women ages 15 and older reported having experienced physical violence at the hands of their current or most recent partner, and 6.5 percent reported having experienced sexual violence. The increase in domestic violence cases that began during the start of the COVID-19 pandemic continued. The Executive Secretariat of the National Public Security System reported 23,907 domestic violence cases in May, an all-time monthly record. Between January and June, state authorities opened 129,020 new domestic violence investigations.

In March authorities in Mexico City opened an investigation based on allegations of rape against Andres Roemer, a prominent writer, producer, consular officer, and former UNESCO goodwill ambassador. Since 2019 more than 60 women accused Roemer of sexual abuse, assault, and rape. In July the Mexico City Prosecutor General’s Office issued the fourth arrest warrant for Roemer. Authorities were attempting to extradite Roemer from Israel.

The Executive Secretariat of the National Public Security System reported more than 1,889 killings of women, including 672 femicides, from January to September. September had the highest incident rate, with an average of 84 women killed in each month. The 911 hotline received 139,554 calls reporting incidents of violence against women from January to June, an increase of 6 percent over the same months in 2020. The 27,751 calls to the hotline in May were the most since the creation of the hotline. Calls included reports of relationship aggression, sexual assault, sexual harassment, rape, and intrafamily violence. The National Shelter Network reported that the network assisted 12,000 women and children between January and August.

Femicide is a federal offense punishable by 40 to 70 years in prison. It is also a criminal offense in all states. The law describes femicide as a gender-based murder under any of the following seven circumstances: signs of sexual violence, previous violence, emotional connection to the perpetrator, previous threats, harassment history, victim held incommunicado prior to deprivation of life, or victim’s body exposure in a public place. According to National Security Secretariat statistics, between January and June, state-level prosecutors and attorneys general opened 495 femicide investigations throughout the country, exceeding the 477 state-level femicide investigations opened in the first half of 2020 (statistics from state-level reports often conflated femicides with all killings of women).

The National Commission to Prevent and Eradicate Violence against Women is responsible for leading government programs to combat domestic violence. Reforms to the Prosecutor General’s Office split the Office for Combating Violence Against Women and the Trafficking in Persons offices in an effort to elevate these issues by giving each its own special prosecutor general. Between January and June, the commission registered that 115,534 women received attention in Justice Centers for Women throughout the country, a 19 percent increase over the same period in 2020.

In addition to shelters, women’s justice centers provided services including legal, psychological, and protective; however, the number of cases far surpassed institutional capacity. According to multiple NGOs, due to COVID-19’s impact on the economy, funding sources for women’s shelters, including for indigenous women, were insufficient. Federal government funding for women’s shelters for the year was the same as in 2020. Federal funding assisted the operation of more than 69 shelters, external attention centers, emergency houses, and transition houses. NGOs operated 85 percent of the facilities, and government organizations operated the remaining 15 percent.

Sexual Harassment: Federal law prohibits sexual harassment and provides for fines from 250 to 5,000 times the minimum daily wage, but the law was not effectively enforced. Of the 32 states, 24 criminalize sexual harassment, and all states have provisions for punishment when the perpetrator is in a position of power. According to the National Women’s Institute, the federal institution charged with directing national policy on equal opportunity for men and women, sexual harassment in the workplace was a significant problem.

On February 6, the federal Law Against Digital Harassment took effect. The law criminalizes sharing, distributing, and publishing intimate sexual content (including photographs, audio, and videos) featuring individuals who have not explicitly given their consent, with penalties of up to six years in prison. Women’s rights activists supported the law as critical to combat the increasingly prevalent problem of online sexual harassment. In April authorities arrested and prosecuted Alexis Rafael Valadez Vazquez under the new law for publishing intimate photographs of women online, without their consent, to extort them.

Reproductive Rights: There were no confirmed reports of coerced abortion or involuntary sterilization on the part of government authorities.

Federal authorities supported access to contraceptive methods, but states’ efforts varied widely. Barriers to accessing contraceptives stemmed from lack of knowledge, poverty, lack of access to health services, and sexual violence from family members, strangers, or friends. An Institute for Health Metrics and Evaluation study on the use of contraceptives in Chiapas (the poorest state) found that older women were less likely to use family planning methods (13 percent of women ages 35 and older, versus 18 percent of women ages 20-34), while 23 percent of indigenous women opposed birth control for religious, cultural, or social reasons. The National Population Council estimated that in 2020 and 2021, a total of 1,172,000 women had limited access to contraceptives due to COVID-19. The National Population Council reported that in 2020 there were 373,661 pregnancies in women younger than age 19 (30 percent above 2019), of which 8,876 were in girls ages 14 or younger. The states with the most teenage pregnancies were Chiapas, Coahuila, and Guerrero, and Tabasco. Sometimes family members arranged marriages for girls younger than 18. INEGI found that 53 percent of women of reproductive age used modern contraception in 2018 (the most recent study).

By law government health providers are obliged to offer sexual and reproductive emergency health services for survivors of sexual violence within 120 hours of the sexual assault. Emergency contraception was available, including for survivors of sexual assault. Nevertheless, women nationwide faced obstacles to accessing emergency services due to health providers’ personal objections to emergency contraception or misunderstanding of their legal obligations to provide services.

Factors associated with maternal deaths included parents with lower levels of education, poor hospital infrastructure and human capacity, and lack of access to maternity care, especially for pregnant women living in rural areas. Southern states reported the lowest access to skilled health care during pregnancy due to geographic, financial, and cultural barriers. In rural areas in 2019, the cause of most maternal deaths was obstetric hemorrhage.

Discrimination: The law provides women the same legal status and rights as men and “equal pay for equal work performed in equal jobs, hours of work, and conditions of efficiency.” The law establishes penalties for discrimination based on gender, race, ethnicity, color, religion, language, pregnancy, political belief, or any other nature that violates human dignity. The government did not enforce the law effectively. Women tended to earn substantially less than men did for the same work. Women were more likely to experience discrimination in wages, working hours, and benefits.

According to the Organization for Economic Cooperation and Development, the median salary for full-time female employees was 19 percent less than that of full-time male employees. Only 7.5 percent of the members of the executive boards of publicly traded domestic companies were female, and men held 64 percent of managerial positions throughout the country. According to INEGI’s 2016 National Survey on the Dynamics of Household Relationships, 22 percent of working women reported experiencing labor discrimination within the previous 12 months.

Systemic Racial or Ethnic Violence and Discrimination

The constitution prohibits discrimination based on ethnicity, and a federal law prohibits all forms of discrimination. Nonetheless, discrimination was common against racial and ethnic minorities, including Black, Afro-Mexican, and indigenous groups. All states have additional laws against discrimination. In 2019 legislators passed a constitutional reform recognizing Afro-Mexicans as an ethnic group.

INEGI reported that 2 percent of the population (2.5 million) self-identified as Afro-Mexican. The National Council to Prevent Discrimination’s 2017 national survey on discrimination found 58 percent of Afro-Mexicans and 65 percent of indigenous persons considered their rights were respected “little or not at all.” The survey also reported 22 percent of persons said they would not share a household with an Afro-Mexican. The survey also reported that persons with darker skin completed 6.5 years of schooling, while those with white skin completed 10 years. A report from the Black Alliance for Just Immigration found black migrants faced widespread racial discrimination from individuals and authorities, particularly in accessing employment and services. Black migrants reported migration authorities detained Black migrants for longer periods than other migrants.

Persons with Disabilities

Federal law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not effectively enforce the law. The law requires the Secretariat of Health to promote the creation of long-term institutions for persons with disabilities in distress, and the Secretariat of Social Development must establish specialized institutions to care for, protect, and house poor, neglected, or marginalized persons with disabilities. NGOs reported authorities had not implemented programs for community integration. Public buildings and facilities often did not comply with the law requiring access for persons with disabilities.

In 2019 the federal government introduced pensions for persons with disabilities in a state of poverty. In May 2020 a constitutional amendment established the disability pension as a constitutional right, prioritizing children, indigenous, and Afro-Mexican persons with disabilities younger than age 64 who lived in poverty. The pension was 2,550 pesos ($125) every two months. In August the federal government signed a public-private partnership agreement with the Teleton Institute for it to provide rehabilitation services to 20,000 pension-receiving children.

The education system provided education for students with disabilities nationwide. Nevertheless, only 2 percent of schoolteachers in the country were trained to teach children with disabilities, according to the civil society organization Yo Tambien. with disabilities attended school at a lower rate than those without disabilities. Enrollment of children with disabilities decreased by 40 percent during the COVID-19 pandemic, according to Yo Tambien.

Abuses occurred in institutions and care facilities housing persons with mental disabilities, including those for children. Abuses of persons with disabilities included the use of physical and chemical restraints; physical and sexual abuse; human trafficking, including forced labor; disappearance; and the illegal adoption of institutionalized children. They were vulnerable to abuse from staff members, other patients, or guests at facilities where there was inadequate supervision. Documentation supporting a person’s identity and origin was lacking. Access to justice was limited. NGOs reported no changes in the mental health system to create community services or any efforts by authorities to have independent experts monitor human rights abuses in psychiatric institutions.

Institutionalized persons with disabilities often lacked adequate medical care and rehabilitation services, privacy, and clothing; they often ate, slept, and bathed in unhygienic conditions. For example, Felipe Orozco, hospitalized multiple times for mental disabilities, reported that mental health professionals from a psychiatric hospital in Puebla shackled him naked with a padlock during the nights for two and one-half weeks. As a result he was forced to urinate and defecate in his bed, according to Human Rights Watch.

Voting centers for federal elections were generally accessible for persons with disabilities, and ballots were available with a braille overlay for federal elections in Mexico City, but these services were inconsistently available for local elections elsewhere in the country.

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