Mexican Democracy Depends on Judicial Reform

Despite promising reforms, Mexican citizens are plagued by crime and are losing interest in democracy. The Mexican government must prioritize judicial reform if it hopes to curb crime and re-gain public trust.
While policymakers and scholars rightly praise the Mexican government’s recent efforts at economic reform, the lack of sufficient judicial reform at the national and state levels threatens the country’s entire democratic foundation. Without an overhaul of the judicial system, Mexican citizens will find their country’s progress slowed, or worse, reversed.Insufficient judicial reform is of concern not just to the Mexican people. A stable and democratic Mexico is in the economic and national security interests of the United States due to the two countries’ strong economic relations and shared border. Additionally, prospects for Mexico’s future as a leader in Latin America are tied to its success in combating violence. With Brazil struggling to maintain a high level of economic growth, a Mexican decline could leave Latin America without respectable global leadership.Today, the picture provided is of a hopeful Mexico, now one of the most globalized economies in the world. Foreign direct investment in 2013 has soared, and the country’s trade as a percentage of GDP is 65 percent, compared to 32 percent in the United States and 25 percent in Brazil. President Enrique Peña Nieto has pushed reforms past deep-seated interests in labor, education, television, and telecoms through the Pact for Mexico, a coalition of the Institutional Revolutionary Party (PRI) and opposition parties.Positive developments have also occurred in the political sphere. The 70-year “perfect dictatorship” of the PRI is over, and the country has developed a competitive multi-party system. Likely due to concerns over waning economic growth and continuing drug violence, in 2012 voters handed power back to a reformed PRI under President Peña Nieto. Checks and balances have been instituted, and the PRI only holds a plurality, not a majority, so coalitions are necessary to pass legislation. With the implementation of substantial political and economic reforms, it would seem Mexico’s democracy is here to stay. However, scholars continue to recognize the dysfunction of Mexico’s judicial system.The importance and magnitude of judicial reforms should not be understated. Mexico has one of the worst crime rates in the Western Hemisphere, with over 40 percent of citizens saying that they or a family member has been the victim of a crime in the last year. Too many crimes go unpunished, and sentence enforcement is inconsistent, largely stemming from corruption and inefficiency. This violence threatens democracy by undermining free speech, security, and the rule of law.Also concerning for Mexican democracy is that the population is not convinced the government is successfully combating the problem. A Pew Research Center study found that just 37 percent of Mexican citizens say the campaign against drug trafficking is making progress, 10 percent fewer than last year. A lack of public trust aggravates the problem as violence goes unreported and the cycle repeats itself. Additionally, calls for stronger leadership may increase, which could lead to a restoration of the authoritarian rule of the past. In the most recent Latinobarómetro attitudes survey, only 49 percent of Mexicans agree that “democracy is the best form of government,” compared to an average of 61 percent across Latin America.In order to combat corruption, mechanisms such as autonomous internal investigative units should be put in place in order to hold police personnel accountable. In addition, the ban on the reelection of officials should be eliminated. This ban creates politicians focused on pleasing party leaders in order to solidify future careers rather than on doing what is best for the population. Officials facing reelection would be more apt to take steps toward reducing corruption by implementing accountability measures, investing in new courtrooms, and revising criminal procedure codes. Equally important, the federal government should provide assistance and guidance to state efforts so effective reforms are not limited to the national level.Finally, citizens must be reassured of their government’s commitment to reform so they will be more confident that reported crimes will be properly addressed. The government has focused its message on the success of economic endeavors while drawing attention away from the crime rate. President Peña Nieto should demonstrate his commitment to curbing violence by addressing the government’s failures in this area. Without improved prioritization, citizens’ faith in the judicial system and in democracy will continue to decline.The current criminal justice system is a debilitating authoritarian legacy of Mexico’s past that must be fundamentally reformed before democracy can be fully consolidated. Steps must be taken to strengthen the judiciary and increase judicial independence in order to lower the crime rate, decrease impunity, and improve public trust before the violence becomes intolerable and the citizens decide that democracy is no longer the best option.

Photo courtesy of Jess Loughborough via Flickr.