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. 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. CONAPRED is an autonomous federal agency responsible for ensuring nondiscrimination and equal opportunity, including for minority religious groups.
The law provides prisoners 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 seven cases related to religious freedom at the federal level during the year, compared with 11 in 2018. Most of these cases involved religious minorities, generally families, 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, all of the cases were pending; three were from Hidalgo State, one from Guerrero State, one from Puebla State, one from Chiapas State, and one from Mexico State. According to DGAR, most incidents of religious discrimination should have been filed with the state government because the federal government did not have jurisdiction. Municipal and state officials commonly mediated disputes between religious groups. Some groups again 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. For example, Protestants in the community of Cuamontax, Hidalgo State, signed a conflict resolution agreement in February mandating their participation in, and financial contribution to, Catholic festivals. The groups continued to report there were insufficient resources devoted to federal and state agencies that work on religious freedom.
According to press reports, local authorities expelled an indigenous family of 10 from their village of Tajlovijho, Chiapas State, in August after the family converted to evangelical Protestantism.
Representatives from federal, state, and municipal governments worked with members of an indigenous community in Altamirano, Chiapas State, to resolve a conflict that began in 2018 between community members and evangelical Protestant families, who were expelled from the village for practicing a religion other than Catholicism. Under terms of a signed agreement, members of the displaced families returned but lived isolated from the main community.
In April CSW published follow-up reporting on a case that began in 2012 in the community of Yashtinin, San Cristobal de las Casas, Chiapas State. In 2012 village authorities detained 16 individuals and then expelled them from the community for converting from Catholicism to evangelical Protestantism. By 2015, 28 families had been forced to leave Yashtinin for their religious beliefs. During the year, CSW representatives met with some of the displaced persons and found that although authorities were notified of the situation and promised recourse, the individuals still were not allowed to return.
As of November 7, there were 9,464 religious associations registered by DGAR, compared with 9,416 in 2018, an increase of 48. Registered groups included 9,421 Christian (an increase of 315 from 2018), 12 Buddhist, 10 Jewish, three Islamic, two Hindu, and two International Society for Krishna Consciousness groups. Baha’is and Ahmadi Muslims remained unregistered. According to DGAR, 182 new religious associations were registered during the year, of which 28 were Catholic and 154 representing other groups, primarily evangelical Pentecostals. The total number of associations was only 48 higher than 2018 because some previously registered groups removed themselves.
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 adhere to the majority religion. Local authorities detained 12 evangelical Christians in April in the community of Chiquinivalvo, located in the municipality of Zinacantan, Chiapas State, for refusing to participate in a Catholic celebration. Authorities released the detainees after federal government intervention with the Zinacantan City Council. When the detainees returned home following their release, local authorities had disconnected their water and electricity.
According to DGAR, the federal government continued to promote dialogue with religious actors with the stated goal of ensuring the exercise of religious freedom and resolving conflicts involving religious intolerance. On September 20, SEGOB launched the “National Strategy for the Promotion of Respect and Tolerance of Religious Diversity: We Create Peace.” Government officials emphasized the separation of church and state would not be impacted by the new strategy. According to Jorge Lee Galindo, deputy director general in SEGOB’s Religious Issues Office, the strategy was a concerted effort by elements of the government to work together to promote religious freedom. It comprises three pillars focused on raising awareness about the country’s religious diversity; improving dialogue among religious groups; and creating networks at the state and municipal levels dedicated to religious freedom. Actions included convening roundtables and workshops and implementing courses for state-level officials and elementary school students about religious freedom issues.
In May the Commission for Human Rights in Mexico City held the “First Gathering for Cultural Diversity,” which focused on religious diversity. Present at the event were representatives from CONAPRED, the federal Council to Prevent and Eliminate Discrimination in Mexico City, and the federal Department of Education. During the event, CONAPRED President Alexandra Haas Pacuic acknowledged religious minorities in the country faced prejudice and barriers, including at institutional levels. She also identified religion as one of the main causes of discrimination in the country, particularly in public settings, public transportation, school, and work. Haas Pacuic further noted discrimination based on religion often intersected with other forms of discrimination, including racial and ethnic, and that religious disputes were also commonly related to disputes over natural resources or political issues. Representatives from Anglican, Baptist, Buddhist, Hindu, Jewish, Lutheran, Muslim, and Sikh religious groups participated in the meeting.