Mexico's Senate OKs controversial judicial overhaul after protesters storm chamber

2024-09-11

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MEXICO CITY —Mexico's Senate voted early Wednesday to overhaul the country's judiciary, clearing the biggest hurdle for a controversial constitutional revision that will make all judges stand for election, a change that critics fear will politicize the judicial branch and threaten Mexico's democracy.

The approval came in two votes after hundreds of protesters pushed their way into the Senate on Tuesday, interrupting the session after it appeared that Morena, the governing party of outgoing President Andrés Manuel López Obrador, had lined up the necessary votes to pass the proposal.

Judicial employees and law students had protested for weeks, saying the plan, under which all judges would be elected, could threaten judicial independence and undermine the system of checks and balances.

The legislation sailed through the lower chamber, where Morena and its allies hold a supermajority, last week. Approval by the Senate posed the biggest obstacle and required defections from opposition parties.

Both of the Senate votes were 86-41. The chamber erupted into cheers and chants of "Yes, we could!"

The legislation must now be ratified by the legislatures of at least 17 of Mexico's 32 states. The governing party is believed to have the necessary support after major gains in recent elections. Oaxaca's legislature became the first to ratify it just hours after the Senate's approval.

President-elect Claudia Sheinbaum, who takes office October 1, congratulated lawmakers on passing the overhaul.

The election of judges "will strengthen the delivery of justice in our country," Sheinbaum wrote on the social media platform X. "The regime of corruption and privileges each day is being left farther in the past and a true democracy and true rule of law are being built."

López Obrador acknowledged Wednesday that many are against the plan, but said that "it's incredibly important to put an end to corruption and impunity. We're going to make a lot of progress when the people can freely elect judges, magistrates and ministers."

Some experts and observers, however, have suggested that the overhaul could have the opposite effect, and allow corrupt individuals and criminals to have more sway over the justice system.

On Tuesday evening, just hours after the governing party appeared to have wrangled the votes it needed, protesters with pipes and chains broke into the Senate chamber.

The protesters said lawmakers were not listening to their demands.

"The judiciary isn't going to fall," yelled the protesters, waving Mexican flags and signs opposing the overhaul. They were joined by a number of opposition senators as they chanted in the chamber. Others outside roared when newscasters announced the Senate was taking a recess.

Among them was Alejandro Navarrete, a 30-year-old judicial worker who said he and his colleagues, "knowing the danger the reform represents," came to call on the Senate to strike down the proposal.

"They have decided to sell out the nation and sell out for political capital they were offered. We felt obligated to enter the Senate," he said, carrying a Mexican flag. "Our intention is not violent, we didn't intend to hurt them, but we intend to make it clear that the Mexican people won't allow them to lead us into a dictatorship."

López Obrador, a populist long averse to independent regulatory bodies who has ignored courts and attacked judges, says the plan would crack down on corruption by making it easier to punish judges. Critics say it would handicap the judiciary, stack courts with judges favoring the president's party, allow anyone with a law degree to become a judge and even make it easier for politicians and criminals to influence courts.

It has spooked investors and prompted U.S. Ambassador Ken Salazar to call it a risk to democracy and an economic threat.