The Rule of Law in Mexico and the Mérida Initiative

The Rule of Law in Mexico and the Mérida Initiative

March 23, 2015
The Rule of Law in Mexico and the Mérida Initiative
Background
Enrique Peña Nieto proposed 10 actions to improve the
Mexico, a top U.S. trade partner and political ally, has
rule of law. One of those actions was the mando único
struggled to address violence and human rights abuses
(unified command), a constitutional reform that would
perpetrated by criminal groups and corrupt officials.
remove the command of police forces from municipalities
Mexico’s problems have been exacerbated by the weakness
and place it at the state level. This plan aims to reduce
of many of its criminal justice institutions. Homicides have
police corruption and improve coordination with federal
decreased from record levels recorded in 2011, but
forces. However, some experts question the notion that state
kidnappings, disappearances, and extrajudicial killings
forces are any less corrupt and maintain that this change
persist. On average, more than 90% of reported crimes in
will not prevent abuses or strengthen accountability. No
Mexico go unpunished. Recent cases have drawn attention
constitutional reform has been passed; however, several
to the particular problem of impunity for human rights
states have begun implementation of that police model.
abuses. Reducing impunity in Mexico is a key goal of
Little progress has been made on the other proposals, such
efforts under the Mérida Initiative, a bilateral initiative for
as establishing a national emergency hotline.
which Congress has appropriated close to $2.4 billion.
President Peña Nieto also replaced Attorney General
In October 2014, Mexico’s National Human Rights
Jesus Murillo Karam with former Senator Arely Gomez
Commission (CNDH) issued a report concluding that at
in February 2015. Attorney General Gomez has stated that
least 12 people had been killed execution-style by the
there are still pending issues in the Iguala case and is
Mexican military in Tlatlaya, Mexico on July 1, 2014.
working with experts from the Inter-American Commission
The military originally claimed that the victims were
on Human Rights (IAHCR) on the investigation. IAHCR
criminals killed in a confrontation with soldiers. This case
also intends to help the Mexican government develop
has resulted in criticism of not only the military and state
search plans for missing persons and improve services for
prosecutors but federal prosecutors who originally failed to
victims’ families.
investigate these allegations of extrajudicial killings. The
CNDH also documented claims of torture of two witnesses
In February 2015, the Chamber of Deputies passed
to the killings by the military and prosecutors from the state
several constitutional changes to create an anti-
of Mexico. A December 2014 report by the U.N. Special
corruption system, but Senate approval of the system is
Rapporteur on Torture revealed that the use of torture is
pending. The reform creates special courts to hear cases of
“generalized” in Mexico and has been used to coerce
corruption and an independent federal audit office for
confessions. Seven soldiers and one lieutenant have since
administrative offenses. That office and a special prosecutor
been arrested for their involvement.
can investigate members of government and independent
contractors.
The still unresolved case of 43 missing students who
disappeared in Iguala, Guerrero, in September 2014 has
also drawn attention to the issues of extrajudicial killings,
According to the World Economic Forum, corruption
enforced disappearances, and impunity. The disappearance
costs up to 9% of Mexico’s GDP every year.
and likely killing of the students—which involved the local
police, the Iguala mayor, and his wife—galvanized large

protests in Mexico and around the world against corruption
Judicial Reform. As per constitutional reforms enacted in
and impunity. The U.N. Committee on Enforced
2008, Mexico has until June 2016 to move from a closed-
Disappearances released a report in February 2015 stating
door judicial system based on written arguments presented
that enforced disappearances such as these are common in
to a judge to an adversarial public trial system with oral
Mexico and have at times involved authorities. It also
identified the “near inexistence” of convictions for such
arguments and the presumption of innocence. These
changes aim to make Mexico’s system more transparent
disappearances.
and impartial. Through alternative dispute resolution, the
system can also become more flexible and efficient,
ensuring that trials are reserved for serious crimes. With
According to figures released by Mexico’s attorney
only four states fully operating under the new system
general’s office in January 2015, more than 23,270
and 24 partially operating under the new system,
people have disappeared in Mexico since 2007.
significant work remains to be done.

The Mérida Initiative
Mexico’s Rule of Law Reforms
The Obama Administration considers its relationship
In response to criticisms of his handling of these
with Mexico to be among its most important. The
incidents, in November 2014, Mexican President
development and implementation of the Mérida Initiative
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The Rule of Law in Mexico and the Mérida Initiative
has resulted in a significant increase in U.S.-Mexican
bar associations to modify curricula and technical standards
security and rule of law (ROL) cooperation.
to be consistent with the new system.
Human Rights. USAID has provided some $5 million for
prevention, protection, prosecution, and advocacy efforts,
particularly for journalists and human rights defenders. The
agency is working with the Mexican government to
strengthen its Protection Mechanism for Journalists and
Human Rights Defenders, which has been criticized as
weak and insufficient. USAID also works with civil society
on issues such as the prevention of torture.
Congressional Concerns
Congress has expressed ongoing concerns about human
rights conditions and the rule of law in Mexico. Congress
has continued monitoring adherence to vetting
requirements, conditioned U.S. assistance to the Mexican
military and police on compliance with certain human
rights standards, and provided funding to support human
rights training for security forces and to protect groups

vulnerable to human rights abuses. Congress has also
periodically withheld aid pending concerns about human
Most ROL programs have been implemented by the State
rights. The Obama Administration has requested $119
Department, along with the U.S. Agency for International
million for the Mérida Initiative for FY2016. As Congress
Development (USAID). The Department of Justice’s (DOJ)
considers that request and oversees the Mérida Initiative,
Office of Overseas Prosecutorial Development, Assistance
questions for oversight might include:
and Training (OPDAT) and International Criminal
Investigative Assistance Training Program are also
 How is Mexico complying with the human rights
supporting Mexico’s transition to a new justice system.
conditions on Mérida Initiative funds that prohibit
torture and require action to find missing persons?
Police Training. The State Department has supported

police training at both the federal and state levels. Capacity
Should additional conditions be added?
building for law enforcement has been provided in a wide
 Federal police have been vetted and trained by the State
range of basic and specialized topics such officer safety,
Department yet continue to have problems with
crime scene preservation, investigation techniques, and
corruption. How can Mérida aid be used to strengthen
intelligence-gathering. The State Department is also
ongoing internal and external accountability
supporting Mexican efforts to professionalize law
mechanisms for federal, state, and municipal police?
enforcement by improving police recruitment, training, and

professional career path development. DOJ has provided
How are OPDAT and USAID coordinating and
training to agents of the PGR’s Criminal Investigations
measuring the effectiveness of their training programs?
Agency to better prepare them for their role in carrying out
 Is U.S. training reaching all of the actors that need to be
investigations in an accusatorial system.
trained in order for the new oral system to function
(such as forensic experts, defense attorneys, and
Judicial Sector Training (Federal and State). OPDAT
judges)?
efforts have focused on preparing prosecutors, judges, and

other justice sector actors for the new accusatorial system.
Are USAID’s human rights programs effective? If so,
Specialized training programs in anti-money laundering,
should they receive additional funding?
trafficking in persons, and anti-kidnapping within the new
For more information, see CRS Report R41349, U.S.-
system are also being developed. The State Department is
Mexican Security Cooperation: The Mérida Initiative and
also providing equipment and technical assistance to
Beyond.
prepare courtrooms in a number of states to host oral trials.
Ingrid Schulz, Research Associate, contributed to this
USAID has invested an estimated $76 million in assistance
product.
of judicial reform implementation at both the federal and
state levels. This assistance includes promotion of increased
Clare Ribando Seelke, Specialist in Latin American
prosecutorial efficiency, strengthened analytical and quality
control capacity of justice sector institutions, and increased
Affairs
access to justice and improved victim’s assistance. USAID
IF10160
also supports training for private lawyers, professors, and

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The Rule of Law in Mexico and the Mérida Initiative

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