Mexico became the first country in the world to enable voters to elect judges at all levels on Wednesday, after demonstrators invaded the upper chamber and halted debate on the issue.
Outgoing President Andrés Manuel López Obrador had fiercely lobbied for the reform, accusing the current judicial system of favoring the political and economic elite.
The change passed with 86 votes in favor and 41 against, achieving the two-thirds majority required to amend the constitution in an upper chamber dominated by the ruling Morena party and its supporters.
The debate over the reform triggered enormous rallies, diplomatic tensions, and investment fears.
Senate leader Gerardo Fernández Noroña called a pause after protesters invaded the upper house and chanted, “The judiciary will not fall.”
Lawmakers were forced to go to a previous Senate building, where they resumed their debate while demonstrators outside chanted, “Mr. Senator, stop the dictator!”
Obrador, who sought ratification for the law before being replaced by his close associate Claudia Sheinbaum on October 1, said that the demonstrators were defending the interests of the political establishment.
“What worries those who oppose this reform the most is that they will lose their privileges because the judiciary serves the powerful, serving white-collar crime,” the leftist leader said at a press conference.
‘Demolition of the Judiciary’
Opponents, including court staff and law students, have protested the idea, which would elect Supreme Court and other high-level judges, as well as local justices, through public voting.
Around 1,600 judges would have to run for election in 2025 or 2027.
“This does not exist in any other country,” stated Margaret Satterthwaite, the United Nations Special Rapporteur on the Independence of Judges and Lawyers.
“In some countries, such as the US, some state judges are elected, and in others, such as Bolivia, high-level judges are elected,” she told the news agency AFP.
Mexico’s reforms put it “in a unique position in terms of its method of judicial selection,” Satterthwaite said before of the vote.
‘Dangerous Proposals’
The United States, Mexico’s largest economic partner, has warned that the revisions might jeopardize the relationship, which is based on investor faith in Mexico’s legal system.
The revisions might pose “a major risk” to Mexican democracy, allowing criminals to use “politically motivated and inexperienced judges,” US Ambassador Ken Salazar said last month.
According to financial market analysts, investor concerns over the reforms have led to the Mexican peso’s steep loss in value, which has reached a two-year low against the dollar.
Satterthwaite has also expressed “deep concerns” about the proposal, defining access to an independent and impartial judiciary as “a human right essential for protecting rights and checking power abuses.”
“Without strong safeguards to prevent the infiltration of organised crime into the judicial selection process, an election system may become vulnerable to such powerful forces,” she advised.
Human Rights Watch has urged lawmakers to reject the “dangerous proposals,” claiming that they would “significantly undermine judicial independence and violate international human rights standards.”
