Mexico Country Report

Executive Summary

The Mexican constitution guarantees freedom of religion or belief to all its citizens, and Mexico is party to a number of international agreements including the American Convention on Human Rights (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 occurrence in certain regions; according to the National Commission for Human Rights (NCHR), the number of these violations has risen significantly in recent years. During a recent visit to Mexico, officials at the National Council for the Prevention of Discrimination (CONAPRED) told CSW that religious discrimination remains a serious and pervasive problem across the country, with the potential to worsen in the face of government inaction. Although root causes vary, many violations occur with impunity because of reluctance on the part of the state to involve itself in “religious affairs‟ or to prosecute those responsible for criminal acts linked to religious freedom violations.

While the country has a highly religious population, Mexico has historically had a complicated relationship with “religion‟. Both Roman Catholics and Protestants have suffered severe persecution over the course of the country’s history. More recently, 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. This strict distance between state and religion has frequently extended to failing to protect actively 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 does not always occur. Local leaders try to enforce community uniformity in terms of religious belief and practice, 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, forced displacement and violence.

All state and federal governments have a designated office to deal with religious affairs and it is the responsibility of these offices, particularly at the state level, to address violations of religious freedom and to mediate a solution actively. In reality, these officials are often poorly resourced and lack training in the subject, which severely limits their ability to address these situations effectively. The problem is compounded by the fact that the religious affairs office is a political appointment, responding to the governor of the relevant state, and not an integrated office within the permanent state civil service, so the activities of the office are often heavily influenced by political interests.

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. Over the past few years the number of religious leaders under threat, including Catholic priests and Protestant pastors, has skyrocketed. Sadly, a significant number have been killed or kidnapped, though precise figures are difficult to obtain because of witnesses‟ fear of retaliation by those responsible.

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