The proposed reform of the Amparo law would prohibit judges from protecting the rights of entire communities from possible arbitrary federal laws, allowing only complainants to reap the benefits of court decisions. Critics argue that this provision constitutes an abuse of power.
With 69 votes in favor and 42 against, the Mexican Senate on April 17 voted to reform the Amparo law, a judicial action that guarantees the protection of individuals from acts of the authorities that infringe on their human rights. The reform seeks to prevent judges from granting broad social protections to the community, as judicial decisions would only affect plaintiffs who go to court.
A vital tool for protecting human rights
In 2015, under the previous government of Enrique Peña Nieto, the Amparo law was used to protect the interests of 10 children who brought forward a case to the judge about the destruction of natural wildlife in Tajamar, south of Cancún. The National Fund for the Promotion of Tourism had been trying to clear 20 hectares of mangrove and jungle to use for commercial development, but the judge was able to prevent them.
The judge granted protection to the children protesting but also expanded the decision to protect the entire community from abuses of power by the local authorities.
However, if the new reform of the Recurso de amparo (“appeal for protection”) is enacted, this type of judicial activism will no longer be possible. Judges will not be able to expand judicial decisions to affect more than just the complainant, meaning that only those who can afford a lawyer to fight unconstitutional acts of authority will be protected.
Unable to contest higher authorities, the rest of the community in future cases could be automatically stripped of their rights.
What does this mean for human rights in Mexico?
The amparo action serves a dual purpose as it is used to protect the constitution as well as citizens’ rights in Mexico, the country that inspired the Amparo in many other Spanish-speaking countries.
Human rights organizations and opposition parties in Mexico describe the move to limit its use as a step backward, arguing that it will further imbalance the distribution of power in the countries and restrict individuals’ ability to challenge abuses of power.
Senator Gina Andrea Cruz Blackledge of the National Action Party (PAN), highlighted the opposition’s reaction in the Senate, stating that they are presenting an action of unconstitutionality against this reform. “This action leaves the most vulnerable sectors in a situation of total defenselessness,” she said.
Not only does the Amparo action prevent oversteps in authority from the federal government, but it also guarantees protection from municipal and state authorities. The reform, however, has opened the door to impunity and abuse of power, according to the senator.
A “Fourth Transformation” in which direction?
The president of Mexico, Andrés Manuel López Obrador — known simply by his initials, AMLO — won in a landslide election in 2018, attracting voters with his social democratic and progressive stances, committed to redistributing wealth and wiping out corruption.
But instead of being a progressive move, the decision to reform the Amparo, a crucial instrument in the protection of individual human rights, has been criticized as AMLO’s personal “revenge” against judges who have hindered the implementation of his major public works and legal reforms.
According to majority legislators, the aim of the reform is to guarantee “unrestricted respect to the separation of powers.” Proponents of the legal change from AMLO’s MORENA party referenced cases where judges opposed controversial works such as the Mayan Train, a 1,554-kilometer intercity railway that cuts through the jungle in Southeast Mexico, or reforms such as the Electrical Industry Law.
In fact, many of the President’s policies in his attempt to implement his “Fourth Transformation” — a commitment to eradicating abuses of privileges and radically transforming the country for the better — have been controversial.
But despite the confusing and contradictory transformations the President may undertake, his popularity remains undeniable. With an approval rating of 69%, AMLO ranks higher than his four predecessors.