This report explores the factors underlying religious freedom violations in certain regions of Mexico. These include historical relations between Catholics and Protestants, and an entrenched culture of impunity.
The Mexican constitution guarantees freedom of religion or belief to all its citizens, and Article 2 of the Law on Religious Associations and Public Worship, adopted in 1992 and amended in 2011, clearly lays out the rights and protections associated with freedom of religion or belief. Mexico is party to a number of international agreements including the San Jose Pact, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
However, in practice religious freedom violations are a common and widespread occurrence in certain regions. While the country has a highly religious population, Mexico has historically had a complicated relationship with religion, and both Roman Catholics and Protestants have suffered severe persecution over the course of the country’s history. According to the National Commission for Human Rights (CNDH), the number of religious freedom violations has risen significantly in recent years.1 Studies by the National Council for the Prevention of Discrimination (CONAPRED) show that religious discrimination remains a serious and pervasive problem in many parts of the country, with the potential to worsen in the face of government inaction.
Although root causes vary, the most important is an entrenched culture of impunity. An extremely strict interpretation of the concept of separation of church and state means that the Mexican state is averse to involving itself in ‘religious affairs’, and reluctant to prosecute those responsible for criminal acts linked to religious freedom violations. The end result is that the government fails to actively protect the individual’s right to religious freedom.
The state’s reluctance to defend religious freedom proactively is in some parts of the country compounded by the Law of Uses and Customs, which gives significant autonomy to indigenous communities. While this is meant to be exercised in line with human rights guarantees laid out in the Mexican constitution, in practice this is not enforced. Many local leaders in communities functioning under the Law of Uses and Customs mandate community uniformity in terms of religious practice and belief, compelling members of the community to participate in the religious activities of the majority or face punishment. Violations range in severity, but in the absence of government intervention and because of a failure to hold the perpetrators to account, they all too often escalate to the point of destruction of property, arbitrary detention, violence and forced displacement.
All state and federal governments have a designated office to deal with religious affairs, and it is the responsibility of these offices, particularly on the state level, to address violations of religious freedom and actively mediate a solution to religious conflicts. In reality the officials are often poorly resourced and usually lack expertise and training in human rights, including religious freedom. This severely limits their ability to address these situations effectively. The fact that the religious affairs office is a political appointment, responding to the governor of the relevant state – rather than an integrated office within the permanent state civil service – means that the activities of the office are often heavily influenced by political interests, compounding the problem. Most religious affairs officials appear to view their responsibility as primarily to contain cases of religious freedom violations or to make them ‘disappear’, and bring numbers down, rather than to ensure that religious freedom is protected.
Finally, increased general violence in Mexico due to the activity of different illegal groups involved in drugs, arms and human trafficking, and extortion rackets, has had a chilling impact on religious freedom. The illegal groups see churches as an attractive target for extortion and fronts for money laundering, and their leaders as threats to their influence and aims. Some groups have incorporated religious beliefs into their identity and aggressively attempted to promote them, bringing them into direct conflict with mainstream religious leaders. In 2014 Mexico officially became the most dangerous country in the world for Roman Catholic leaders, with more priests and lay leaders killed there than any other country.2 While not as well documented, non-Roman Catholic religious leaders face the same threats. A significant number of religious leaders have been killed or kidnapped; though precise figures are difficult to obtain because of witnesses’ fear of retaliation by those responsible, and because of fear of repercussions for the wider religious body if it is perceived to be speaking out.
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