Christian Solidarity Worldwide (CSW) is a human rights organisation specialising in the right to freedom of religion or belief (FoRB). CSW monitors the FoRB situation in Mexico, raises awareness of human rights concerns and advocates for the full protection of these rights.
This submission seeks to draw attention to concerns over the protection of the right to FoRB in the country, and analyses the progress made by the government of Mexico in implementing the recommendations it accepted during its third Universal Periodic Review (UPR) in November 2018.
International and domestic legal frameworks
Mexico’s constitution commits to protecting and promoting the full right to FoRB (Article 1, Article 2, Article 24), is a member of the Organization of American States and has ratified a number of international treaties, including the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child, and the International Covenant on Economic, Social and Cultural rights (ICESCR).
However, despite these safeguards, cases of gender discrimination and violations of fundamental human rights, including FoRB, occur frequently in areas where the Law of Uses and Customs is applied.
Mexico’s Law of Uses and Customs allows indigenous communities to govern themselves according to traditional laws and customs. The law is meant to be exercised in line with the individual rights guaranteed in the constitution, but in practice the government at both the state and federal level does little to enforce it. As a result, the rights of religious minorities are routinely violated, with little or no response from either the state or federal government. A culture of impunity has become entrenched in around 14 states, and especially in Chiapas, Guerrero, Hidalgo, Oaxaca and Puebla. In these states the majority religious group often believes it is their right to enforce religious belief and practice.
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