Note: This report was updated 4/07/17; see Appendix F: Errata for more information.
Mexico, which has 32 states, is a multiparty federal republic with an elected president and bicameral legislature. In 2012 President Enrique Pena Nieto of the Institutional Revolutionary Party (PRI) won election to a single six-year term in elections observers considered free and fair. Citizens elected members of the Senate in 2012 and members of the Chamber of Deputies in 2015. Observers considered the June gubernatorial elections free and fair.
Civilian authorities generally maintained effective control over the security forces.
The most significant human rights-related problems included involvement by police and military in serious abuses, such as unlawful killings, torture, and disappearances. Impunity and corruption in the law enforcement and justice system remained serious problems. Organized criminal groups killed, kidnapped, extorted, and intimidated citizens, migrants, journalists, and human rights defenders.
The following additional problems persisted: poor prison conditions; arbitrary arrests and detentions; intimidation and violence against human rights defenders and journalists; violence against migrants; violence against women; domestic violence; abuse of persons with disabilities; threats and violence against some members of the indigenous population; threats against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; trafficking in persons; and child labor, including forced labor by children.
Impunity for human rights abuses remained a problem throughout the country with extremely low rates of prosecution for all forms of crimes.
Section 3. Freedom to Participate in the Political Process
The law provides citizens the ability to choose their government through free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot to assure the free expression of the will of the people.
Elections and Political Participation
Recent Elections: Observers considered the June gubernatorial races in 12 states and local races in 13 states and the 2011 and 2015 legislative and 2012 presidential elections to be free and fair.
Participation of Women and Minorities: A 2014 constitutional reform requires parties to select equal numbers of women and men to run for seats in the Senate, the Chamber of Deputies, and state congresses. The law also requires that each candidate’s substitute be of the same gender as the candidate to prevent instances of women gaining office and then stepping down so a male substitute can take the position, previously a common practice. Women held approximately 36 percent of Senate seats and 32 percent of federal deputy seats.
No laws limit the participation of women and members of minorities in the process and women and minorities did so. There were no established quotas for increased participation of indigenous groups in the legislative body, and no reliable statistics were available regarding minority participation in government. The law provides for the right of indigenous people to elect representatives to local office according to “uses and customs” law rather than federal and state electoral law.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for conviction of official corruption, but the government did not enforce the law effectively. There were numerous reports of government corruption during the year. Corruption at the most basic level involved paying bribes for routine services or in lieu of fines to administrative officials and security forces. More sophisticated and less apparent forms of corruption included overpaying for goods and services to provide payment to elected officials and political parties.
By law all applicants for federal law enforcement jobs (and other sensitive positions) must pass a vetting process upon entry into service and every two years thereafter throughout their careers. According to SEGOB and the National Center of Certification and Accreditation, most active police officers at the national, state, and municipal level underwent at least initial vetting. The press and NGOs reported that police who failed vetting remained on duty. The CNDH reported that police, particularly at the state and local level, were involved in kidnapping, extortion, and providing protection for, or acting directly on behalf of, organized crime and drug traffickers.
During the year the government adopted a new National Anticorruption System that gives autonomy to federal administrative courts to investigate and sanction administrative acts of corruption, establishes harsher penalties for corrupt government officials, provides the Superior Audit Office (ASF) with real-time auditing authority, and establishes an oversight commission with civil society participation. Observers hailed the legislation as a major achievement in the fight against corruption, although some NGOs criticized the provision that allows public servants to opt out of declaring assets.
Corruption: In October the PGR indicted and issued an arrest warrant for the governor of Veracruz who went into hiding. In midyear the ASF filed criminal charges with the Attorney General’s Office against 14 state governments for misappropriation of billions of dollars in federal funds. The ASF also investigated several state governors, including the former governors of Chihuahua, Quintana Roo, Sonora, and Nuevo Leon. The investigations continued at year’s end.
Financial Disclosure: In July the Congress passed a law requiring all federal and state-level appointed or elected officials to provide income and asset disclosure, statements of any potential conflicts of interests, and tax returns, though it is possible to opt-out of making the information available to the public. The Ministry of Public Administration monitors disclosures with support from each agency. Regulations require disclosures at the beginning and end of employment, and also require yearly updates. The law requires declarations be made publicly available unless the official petitions for a waiver to keep them private. Criminal or administrative sanctions apply for abuses. Opposition political parties petitioned the Supreme Court in midyear to overturn the section of the law that would allow officials a waiver to keep the disclosures private.
Public Access to Information: A 2015 law grants free public access to government information at the state and federal levels. Authorities implemented the law effectively at the federal level and continued to work on harmonizing state-level laws for implementation in the states. The law includes exceptions to disclosure of government information, including for information that may compromise national security, affect the conduct of foreign relations, harm the country’s financial stability, endanger another person’s life, or for information relating to pending law enforcement investigations. The law also limits disclosure of personal information to third parties.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were mostly cooperative and responsive to their views, and the president or cabinet officials met with human rights organizations such as the Office of the UN High Commissioner for Human Rights, the IACHR, and the CNDH. Some NGOs alleged that individuals who organized campaigns to discredit human rights defenders sometimes acted with tacit support from officials in government.
Government Human Rights Bodies: The CNDH is a semiautonomous federal agency created by the government and funded by the legislature to monitor and act on human rights violations and abuses. It may call on government authorities to impose administrative sanctions or pursue criminal charges against officials, but it is not authorized to impose penalties or legal sanctions. Whenever the relevant authority accepts a CNDH recommendation, the CNDH is required to follow up with the authority to verify that it is carrying out the recommendation. The CNDH sends a request to the authority asking for evidence of its compliance and includes this follow-up information in its annual report. When authorities fail to accept a recommendation, the CNDH makes that failure known publicly and may exercise its power to call before the Senate government authorities who refuse to accept or enforce its recommendations.
All of the country’s 32 states have their own human rights commission. The legislatures fund state-level commissions and instruct them to be autonomous. The state commissions did not have the same reporting requirements, making nationwide statistics difficult to compile and compare. The CNDH can take cases from state-level commissions if it receives a complaint the commission has not adequately investigated.