Violations of freedom of religion or belief, ranging from moderate to severe, are regular occurrences in some parts of Mexico. This is mostly due to the governments reluctance to involve itself in religious disputes or situations of religious intolerance, even when these result in violations of fundamental human rights protected in the Mexican Constitution. The majority of these types of violations which range in severity, from school exclusion to acts of violence and forced displacement, occur in five states in Mexico, all of which have significant indigenous populations. In a separate issue, the number of violations of freedom of religion or belief, specifically threats against and attacks on religious leaders by criminal networks, has risen in recent years across the country.
State of freedom of religion or belief
The Mexican Constitution guarantees freedom of religion or belief to all its citizens. However, in practice religious liberty violations are a relatively common occurrence, especially in certain regions. Although root causes vary, many violations occur without challenge because of reluctance on the part of the state to involve itself in ‘religious affairs’. Despite a highly religious population, Mexico has historically had a complicated relationship with religion and religious institutions. Both Roman Catholics and Protestants have suffered severe persecution over the course of the country’s history. The government’s adherence to an extremely strict interpretation of the concept of a separation of church and state has at times led the government to distance itself from anything involving religion or religious groups, to the extent of failing to protect the individual’s right to religious freedom.
The state’s reluctance to take strong steps to defend freedom of religion or belief is compounded by the Law of Uses and Customs in some parts of the country. This parallel legal system gives significant autonomy to indigenous communities. While autonomy is meant to be exercised in line with human rights guarantees laid out in the Mexican Constitution, in practice this does not always occur. Local leaders often try to enforce community uniformity in terms of religious practice and belief, compelling members of the community to participate in religious activities, usually Roman Catholic or a syncretistic blend of Catholic and pre-Columbian beliefs, 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, forced displacement and violence.
Freedom of religion or belief in 2013
According to local media in the state of Oaxaca, a Protestant indigenous pastor was imprisoned in July after complaining publicly about the lack of religious freedom in his community to the state officials and to the press. Vicente Aragón Hernández, leader of the Getsemaní Church in San Juan Ozolotepec was arbitrarily detained by municipal authorities for 24 hours, who reportedly warned him against speaking out again about violations of freedom of religion or belief in the area. In May 2013, the chair of the Religious Affairs Committee in the legislature of another state, Chiapas, affirmed publicly that there are 22 cases of religious intolerance in the state. Marco Antonio Cancino González, told the media that the violations of freedom of religion or belief had resulted in the forced displacement of dozens of families who are living in worrying conditions.
Fleeing persecution
The state of Oaxaca has one of the highest numbers of internally displaced people (IDPs) in the country. Localised religious intolerance is one of the principal reasons for the high rate of displacement. Unfortunately, there has been little government response to address the violations of freedom of religion or belief that are responsible for the displacement. Victims are often left vulnerable to further human rights violations. Last year, five women, all IDPs, travelled to a larger town to protest and request government help after they and their children were violently thrown out of their homes at 4am by police in Valle del Rio San Pedro, San Juan Copala. The five women are part of an IDP settlement of 66 Protestant women and children who were forcibly displaced from different communities in San Juan Copala in 2008 and, at the time of the police action, were living together in extreme poverty in Valle del Rio San Pedro. The members of the group, which includes children and elderly women, were all originally expelled from their communities because of their religious faith and, in the absence of any state action to protect their security, have been unable to return.
CSW’s work in Mexico
CSW has been working with local advocacy groups since 2010 on the issue of violations of freedom of religion or belief in Mexico. Our local partners regularly provide legal support and advice to victims of violations of freedom of religion or belief. In coordination with the local partners, CSW carries out regular fact-finding and advocacy assignments. During these assignments, CSW travels to the areas of the country where incidents of violations of freedom of religion or belief are highest, to meet with victims of these violations as well as with government officials responsible for protecting their rights.
One of the most serious obstacles to progress in the area of freedom of religion or belief in Mexico is a lack of awareness of the problem, both nationally and internationally. CSW is working to address this by producing detailed information in the form of reports on violations of freedom of religion or belief, and distributing these reports, along with recommendations to the Mexican government, to policy makers and other figures of influence in and outside the country. A second challenge is a lack of understanding and resources in some local and state governments to enable them to protect freedom of religion or belief more proactively. CSW is working with our local partner organisation to develop training and informational resources to help them better uphold this fundamental right.
Timeline
1810: Catholic priest, Father Manuel Hidalgo, calls for independence from Spain and a rebellion begins. Father Hidalgo is captured and killed in 1811
1821: The Treaty of Cordoba is signed, the beginning of Mexico’s independence
1824: The new Constitution of Mexico states that the country will perpetually be a Roman Catholic Country and prohibits any other religion. Persecution of non-Catholics is widespread and harsh
1875: Seven men singing in the choir in a Presbyterian church in Acapulco, Guerrero, are stabbed to death and nineteen others are severely injured when a group of militant Catholics enter the church armed with machetes
1917: A new constitution is enacted after years of civil unrest and political instability. The 1917 Constitution puts in place severe restrictions on freedom of religion or belief, particularly targeting the Catholic Church. Property belonging to religious organisations is turned over to the state and foreign born priests are expelled
1924: Severe persecution of Catholics begins under the government of Plutarco Elias Calles. More than forty Catholic priests are believed to have been killed over the next few years
1940: Persecution wanes under President Manuel Avila Camacho, however, legal restrictions on freedom of religion or belief remain in place. Properties remain in the possession of the state
1970s: The rapid growth of Protestant Christianity in some regions of Mexico leads to tensions and severe acts of violence
1981: Two Pentecostal Christians are lynched in San Felipe del Progreso, Mexico State
1992: President Carlos Salinas leads efforts to amend the Constitution to remove most restrictions on freedom of religion or belief
1997: A paramilitary group opens fire on a prayer vigil in a Catholic Church in Acteal, Chiapas, killing 45 worshippers, the majority of whom were women and children
Fast facts
- President: Enrique Peña Nieto
- Capital: Mexico City
- Population: approximately 116 million
- Language: Spanish; 68 officially recognised indigenous languages
- Religion: Roman Catholic (80%); Protestant (8%)