| Last updated: 08 September 2012 |
Introduction |
The Mexican Political Constitution defines the country as a federal, representative democratic republic made up of 31 states and a Federal District (the capital), the seat of the Federations powers. The Federal Executive is exercised simultaneously by the President, who is the head of State, and the government. The president names the titles of the secretaries of State who are members of the presidential cabinet. The presidential term lasts for six years and re-election is not permitted by the Constitution. There is no vice-president and in the event that a president of the Republic is unable to complete their term, the interim presidency is awarded to the person elected by Congress or the Permanent Commission.
From 1st December 2006, Felipe Caldern Hinojosa has exercised the role of president. (National Action Party, PAN, right wing) and the next presidential elections will take place on 1st July 2012. The legislature is made up of the Senate and the Chamber of Deputies. The Lower Chamber is made up of 300 deputies elected by majority and 200 by proportional representation. There are 131 female deputies, representing 26.2%. The Senate is made up of 128 senators, three for each federal entity in addition to 32 seats which are determined by proportional representation. In the Upper Chamber there are 25 women which represent 19.5% of the total. Seven political parties are recognised by the Federal Electoral Institute (IFE), although parties may lose registered status if they obtain less than 2% of votes cast in the elections.
The main opposition party is the Institutional Revolutionary Party (PRI) which governed Mexico for 71 years. Elections are scheduled for 2010 and 2011 in the federal entities. In spite of the measures adopted in recent years to ensure the transparency of elections, there continue to be serious doubts regarding the full impartiality of the authorities, and cases of fraud, vote buying, exerting pressure on the electorate and the manipulation of results continue to be reported. The judiciary rests in the Supreme Court and in specialised courts. The Supreme Court is made up of 11 ministers elected by the Congress of the Union and the position of minister of the Supreme Court is held for 15 years.
The constitution and law prohibit discrimination on the grounds of race, gender, disability or religion although in practice, serious cases of human rights violations continue to be verified in indigenous communities, among migrants and women and children. Since President Caldern ordered the Army to participate in the fight against drug trafficking, accusations have been made regarding numerous violations of human rights violations, torture and killings by the security forces. Human Rights Watch has condemned these events in a number of reports and requested for the law to be applied with transparency and equality.
Following the November 2009 ruling by the Inter-American Court of Human Rights urging the Mexican government to end military jurisdiction in cases of Human Rights violations, President Caldern submitted a bill to Congress on 18th October 2010 entrusting the civil authorities with the investigation and judgement of three types of human rights violations (forced disappearances, rape and torture). However, other serious violations committed by the military, such as extra-judicial killings and cruel and inhumane treatment continue to be investigated by the military justice system, which does not provide victims with access to independent and impartial justice. Some victims and relatives of victims who have suffered abuse at the hands of the military have been subject to threats when they have attempted to assert their rights.
Kidnapping has become a serious problem, with thousands of occurrences being recorded every year. In a number of cases, these have involved express kidnappings where people are kidnapped for a number of hours and are forced to hand over money withdrawn from ATM machines.
Corruption continues to be reported at all levels of government and impunity remains a problem. A 2010 report by Transparency International highlighted that Mexico, with a score of 3.6 out of 10 (with 10 being the least corrupt), has remained 72nd in the 180 countries included in its Corruption Perceptions Index for the third year. The data shows that the population view the police as the most corrupt authorities, followed by political parties in second place, Congress in third and the legal system in fourth. Although Mexico was one of the first Latin American states to ratify international anti-corruption agreements and one of the pioneers in systems providing access to public information, two realities continue to exist. In some institutions or local governments, for example, old practices such as nepotism or vote buying remain and as an example of the illegal provision of permits, it is worth remembering the ABC Day Care fire in Hemosillo, Sonora, in which 49 children and 75 other victims were wounded.
The law expressly recognises the right to freedom of expression and the press, however in practice numerous journalists have been threatened with slander and defamation claims for criticising influential people. In particular, drug trafficking has cost the lives of a number of informants carrying out investigations into activities and relationships involving politicians, the military and the authorities. Journalists recognise the problem of self-censorship. In August 2010, Dr Catalina Botero Marino, the Special Rapporteur for Freedom of Expression of the Inter-American Commission for Human Rights, and Dr Frank La Rue, UN Special Rapporteur on Freedom of Opinion and Expression, made a joint visit to Mexico. In their preliminary report, the rapporteurs noted that in spite of the progress made in terms of legislative material, fully exercising freedom of expression in Mexico comes up against serious and wide-ranging obstacles, among which should be mentioned assassinations of journalists and other serious acts of violence against those who distribute information, ideas and opinions, with widespread impunity in such cases. The Rapporteurs also expressed concern at the validity of regulations which allow the application of penal sanctions for exercising the right to freedom of expression, both at a federal level and in a number of important federal entities. Similarly, the Rapporteurs considered that the vigour, diversity and plurality of democratic debate are seriously limited due to, among other reasons, the high concentration in the ownership and control of the media, the absence of a clear, sound and fair legal framework in terms of assigning these frequencies, the lack of alternative communications media and the lack of advertising regulation. Finally, the Rapporteurs expressed concern over of an emerging trend in which access to public information is restricted.
Mexico is a source, transit and destination country for the trafficking of people for sexual exploitation. Reports indicate that heads of the police, immigration and customs are often involved in people trafficking.
The phenomenon of widespread violence suffered by the country in recent years cannot be explained without mentioning the serious effect of the North American Free Trade Agreement (NAFTA) with the USA has had on the countrys economy. One of the primary consequences, from which the country has not yet recovered, was the serious crisis in the Mexican countryside triggered by trade regulations. Thousands of small and medium productive entities faced ruin as a result of competition from products from the USA significantly undercutting Mexican farmers, with the consequent effect of expelling them from their lands and accelerating the phenomenon of migration towards the cities and the North, causing a rise in poverty throughout numerous layers of the population. Another notable consequence is the increased availability of land for the cultivation of drugs. Finally, regarding the aforementioned war between cartels for control of the border with the USA, to a certain extent, drug traffickers in Mexico have replaced those from Colombia in terms of the volumes of production and exportation of drugs to the North and Europe.
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Education Rights
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According to the 2010 Education at a Glance report by the OECD , the country has designated 5.7% of its national income to education. Investment in education is today more important than ever in order to respond to the demographic and technological changes affecting the labour markets. 2010 Indicators show that in Mexico the current economic crisis is felt most strongly among young people with low levels of education, causing an increase of around 5% in unemployment between 2008 and 2009 for those who have not completed secondary school. The situation for young people aged between 15 and 19 who are outside of the education system is even more concerning, since almost 45% were unemployed in 2008. In contrast, those with higher education qualifications fared much better although unemployment for this group of the population experienced a slight increase of under 2%. Additionally, almost 75% of students with a higher education qualification found a qualified job in the initial years of their entry to the labour market. However, regardless of the level of education, pay for females remains below that of men for equal or equivalent work. The gender pay gap is not closing fast enough, in spite of the increase in schooling and the clear educational success of girls and young females.
Parents are legally responsible for their childrens attendance during the 9 years of compulsory education. 91% of children from the age of 6 to 14 attend school, but only 70% complete the 9 years of compulsory education. The UN Committee on the Rights of the Child noted with concern that despite some increase in social expenditure over the last decades, budget allocations for children remained low and insufficient, in particular for social expenditure, including health and education. The Committee continues to be highly concerned about reports of cases of cruel and degrading treatment, in particular against street children, migrants and children who are the victims of sexual exploitation and child labour. According to data from UNICEF, more than half of the children in Mexico find themselves in a situation of hereditary poverty (62.2%) and one in four (28%) do not have sufficient funds to meet their food requirements.
Drug trafficking and its devastating consequences are present in many aspects of the everyday lives of the Mexican people. Unfortunately children do not remain on the margin of the problems caused by confrontations between the government and the drug cartels and the war that takes place between them. Mexican children have confronted environmental, health and service problems for a long time, however in recent years, the consequences of the proliferation of drug trafficking have become a major issue. The damage is more apparent among children from poorer backgrounds, above all those who live in border cities with high levels of violence, such as Ciudad Jurez, Tijuana, etc. It is calculated that between 2007 and 2010, around 7,000 children have been directly affected by violence linked to drug trafficking. Other serious consequences are school leavers and direct involvement in criminal activities, such as sicarios (hit men) or mules (those who transport drugs within the country or over the US border). Many children perceive drug traffickers as role models since they have money, cars, and weapons and appear to be untouchable.
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Early Childhood Education (ECE)
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A two year programme begins at the age of 4. At this level 9% of education is private and the Net Enrolment Rate (NER) is 87%. 163,282 teachers work at this level and the pupil/teacher ratio (PTR) is 22:1.
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Primary Education
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Education is compulsory from the age of 6 to 15 and primary school begins at the age of 6 and lasts for 6 years. At this level 8% of education is private and the NER is 98% (49% female). Of students who enrol in Grade 1, 91% continue to the last grade of primary school and 5% of students repeat grades. 557,278 teachers (63% female) work at this level and the PTR is 28:1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at the age of 12 and lasts for 6 years. At this level 16% of education is private. 18% of students in lower secondary and 11% in upper secondary study in technical vocational programmes. The NER is 73% and 2% of students repeat grades. There are 594,388 secondary teachers, 360,544 (48% female) in lower secondary and 233,844 (41% female) in upper secondary. The PTR is 19:1 in lower secondary and 14:1 in upper secondary.
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Tertiary/Higher Education
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2,705,190 students (50% female) study in tertiary institutions, with a Gross Enrolment Rate of 28%. At this level 33% of education is private. 1,892 international students are studying in Mexico, with 850 from North America and Western Europe and the rest of unspecified origin. Meanwhile, 21,661 Mexican students study abroad, mainly in the USA (13,329), the UK (1,973), France (1,452), Germany (977) and Spain (937).
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Children with Special Needs
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The law prohibits the discrimination in education or other public services against people with a physical or mental disability although compliance with these provisions is partial and insufficient. Only 25% of people with a mental illness receive treatment and less than 10% of schools are accessible to disabled children. A high proportion of the disabled population are unemployed.
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Refugee Children
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Mexico has a long-standing tradition of receiving political refugees, from which Spain and Southern American countries benefited during the Franco regime and the military regimes in Chile, Argentina, El Salvador, Nicaragua, Guatamala, etc. However this policy has begun to change negatively in recent years. Migration legislation continues to be a thorny issue, which complicates the processing of documents for those who opt to stay in Mexico.
In addition to this, Central American migrants passing through Mexico with the intention of arriving in the USA have suffered harassment, violence and expulsion. The Northern border which is shared with the USA (3,500 km) is one of the most active areas on the planet in terms of migration. In recent years, border violence has increased exponentially, especially on account of the struggle between the drug cartels attempting to control the passage of narcotics to the North. This has had a serious affect on migrants in terms of living, staying and transiting.
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Minorities and Indigenous Peoples
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In spite of legislation which recognises and protects the rights of Indigenous Communities, in practice they remain outside the political and economic mainstream and are subject to discrimination, repression and marginalisation, with little opportunity to participate in decisions affecting their lands, traditions and natural resources. Unfair legal proceedings continue, particularly in cases where there is interest in exploiting the natural resources of their lands.
Spanish is the dominant language in education, although the Indigenous Education Authority of the Secretary of Public Education is responsible for applying provision regulating education in the languages of indigenous people (including Nahuatl, Mayan and Zapotec). Many children from indigenous communities begin their education in their mother tongue and then go on to receive a bilingual education. However, resources for infrastructure, materials, initial and in-service training programmes for indigenous teachers, as well as salaries and benefits, continue to be insufficient.
The UN Committee on the Rights of the Child has reiterated its demands for the Mexican government to intensify its efforts to prevent and eradicate all types of discrimination against indigenous children. Adolescent indigenous children in Mexico are the group with the largest shortages and the lowest degree of respect for their basic rights.
Some resources are assigned for the development of curricula, teaching materials and textbooks in the indigenous language and Spanish to support schools which admit indigenous pupils. There is also evidence of experiments with audiovisual technology for the professional development of teachers and the improvement of school infrastructure. Distance learning at a secondary level and bilingual education for indigenous students are said to improve student attainment and lower repetition and failure rates.
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Academic Freedom
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Respect for academic freedom is recognised as a goal by universities in Mexico, although differences are observed depending on the type of university. Public universities allow a greater degree of freedom. Universities which are financed by religious and commercial entities impose teaching limitations in accordance with their interests.
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Gender Equality
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In its Global Gender Gap Report, the World Economic Forum ranked the country 98th out of 134 in terms of opportunities for women. Women have the same legal rights and obligations as men, and legislation establishes the requirement for equal pay for work of the same value. However, in practice women earn less than their male counterparts, and the pay difference can be as high as 50% for certain occupations and/or professions. Some employers require women to undergo pregnancy tests to avoid having to provide maternity benefits. The law stipulates 12 weeks of paid maternity leave and where the employee does not have access to Social Security, the company is required to cover the cost of this benefit in full.
The rate of illiteracy among women (over the age of 15) is 8.5%, while among men it is 5.4%. The level of the participation of women in the formal labour market is 46.3%, compared with 84.6% for men . Domestic violence is a frequent reality although it is rarely reported and with scarce results.
Femicides in Ciudad Jurez (Chihuahua State): figures from womens Human Rights organisations speak of around 1,100 women murdered in 15 years. The majority of these are extremely young women who work in the maquiladoras (cross-border assembly points) located on the US border. There is evidence that a number of these killings have occurred following attempts by the women to form unions, although this is not the only source of gender-based violence on the border.
In December 2009, the Inter-American Court of Human Rights issued a ruling on Mexico holding it responsible for the Campo Algodonero case, involving the lives of three girls who were murdered and the safety, life and liberty of the women. The sentence is important as it is the first to be pronounced based specifically on the human rights of women and on a case which uses International Law. The Mexican state was sentenced for failing to prevent, investigate or act swiftly to eradicate violence against women in Ciudad Jurez. At the time of writing, the Mexican government has yet to comply fully with the sentence.
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Child Labour
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The minimum working age is 14 and children aged 14 to 16 can work with parental permission and under specific restrictions. 16% of children between the ages of 5 and 14 are reported to work. Forced or compulsory labour is prohibited although lax enforcement results in serious child labour abuses. UNICEF notes that, in spite of the progress made in recent years, child labour remains a serious problem in Mexico.
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Trade Union Rights
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Workers have the right to form and join trade unions. Unionisation is most common in the public sector, chiefly because an exclusion clause in the Federal Labour Law requires workers be covered by the public service union. Union ballots continue to lack transparency, with workers casting their vote in front of the union leadership and/or management. Reports indicate that this has resulted in the intimidation of workers. The first state-ordered secret ballot election has taken place in the presence of international observers. Collective bargaining is permitted, although only 7% of workers are covered by collective bargaining agreements. The right to strike is regulated although in practice there are strong limitations. Education International has repeatedly requested the Mexican President to intervene in order to facilitate negotiation in the conflict between the government and teachers, particularly in the state of Oaxaca, where they have been victims of persecution and police brutality. There are also reports of repeated delays in the payment of teachers salaries. Forced or compulsory labour is prohibited although cases are reported where migrant workers and children have been victimised. The law establishes a working week of six, eight-hour days.
In April/May 2010, the International Tribunal on Freedom of Association met in Mexico City, with the participation of organisations such as FNV (Holland), the ITF, the FITIM and the AFL-CIO Solidarity Centre. The tribunal passed a ruling of condemnation based on international human rights laws, international labour rights and Mexican labour rights. The ruling condemned the politicians of the Mexican state for serious and repeated breaches of Conventions 87 and 98 of the International Labour Organisation and attacks on fundamental labour rights, the right to life, physical integrity, arbitrary deprivation of freedom, defamation, discrimination, sexual harassment, the use of blacklists and violence in the workplace. In Mexico there is an independent union movement with a long democratic history, which is consistently attacked by all elements of economic and state power, and which has fought to replace the official unions in the workplace which are attached to power and captive the service of managerial interests.
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