Mexico Monitor Report

Overall Score: 4

Mexico has been known as an inclusive and multicultural nation since the early days of the Mexican Revolution. Constitutional reforms, affirmative action policies and the discourses of political parties all speak to the value of recognizing Mexico’s diverse peoples. However, the continued subjugation of Indigenous, Afro-descendant and migrant populations reveals an implementation gap where these treaties and national policies do not result in better outcomes for these populations. In fact, significant poverty rates and wealth gaps, organized crime and violence from state and non-state actors continue to worsen across the country, severely impacting all three groups.

The Global Pluralism Monitor: Mexico report examines the unequal experiences of Indigenous, Afro-descendant and migrant populations in Mexico, focusing on structural racial and ethnic discrimination in Mexico’s courts, economies and in daily social life. Afro-descendant and migrant populations share experiences of anti-Black racism and invisibilization, which add layers to their journey of belonging in Mexico. The Global Pluralism Monitor: Mexico report explores the dynamics of and among these groups and their collective and distinct journeys to recognition.

1. International Commitments

Average Score: 9

Indigenous people(s) | Score: 9

Afro-descendant communities | Score: 9

Migrant communities | Score: 9

Mexico has a strong tradition of international co-operation. Between 1930 and 2022, it signed 255 agreements recognizing diverse human rights directly or indirectly related to Indigenous peoples, Afro-Mexicans and migrants. Within the UN system, Mexico has ratified all nine human rights conventions and seven of the nine optional protocols, with no reservations expressed. It is also part of the UN’s Permanent Forum on Indigenous People and of the Global Compound for Migration of the International Organization for Migration. At a regional level, it is part of the Inter- American Human Rights System and the 1984 Cartagena Declaration on Refugees. The legal framework for Afro-Mexicans is more diffuse, as none of the treaties ratified by Mexico explicitly recognize African descendant people as subjects of international law. Nevertheless, Mexico is part of two non-binding instruments which address the identity and collective rights of African descendant diaspora: the Santiago Declaration and Action Plan, signed in 2000; and the Durban Declaration and Programme of Action, signed in 2001. Mexico has also ratified the Inter-American Convention Against All Forms of Discrimination and Intolerance and it has acceded to the Inter-American Convention Against Racism, Racial Discrimination and Related Forms of Intolerance.

Mexico is actively engaged with all UN monitoring mechanisms. In the last Universal Periodic Review, Mexico received 264 recommendations, accepting 262 of them. As of June 2022, there have been 24 country visits from the UN’s Special Rapporteurs including two regarding migrants, two for Indigenous peoples and one for violence against women. There has not yet been a country visit from the Working Group of Experts on People of African Descent. Mexico is also one of seven countries participating in the Comprehensive Regional Protection and Solutions Framework, a mechanism to support states to comply with their international commitments.

Although Mexico played a leading role in the elaboration of the UN’s Universal Declaration on the Rights of Indigenous Peoples (2007), the country continues to fall short in terms of guaranteeing Indigenous peoples’ collective rights to self-determination and autonomy; the regulation of communal and collective land tenure; free, prior and informed consent; electoral political representation and the cancellation of invasive energy projects in Indigenous territories. UN Special Rapporteurs on the Rights of Indigenous Peoples have made two visits to Mexico. The report on the second Special Rapporteur’s 2017 visit observed a growing implementation gap regarding Mexico’s international commitments, particularly due to the development model promoted by the energy reform and problems of violence, insecurity, poverty, marginalization and structural discrimination, which continue to affect Indigenous territories and peoples significantly and negatively. A Constitutional reform to recognize Indigenous peoples as collective subjects of rights has yet to be approved.

Mexico is one of 16 countries that have ratified the Protocol of San Salvador (PSS), an additional instrument to the American Convention on Human Rights (American Convention) for ensuring economic, social and cultural rights, which requires parties to submit annual reports to evaluate progress. In parallel, Mexico developed the National System for the Evaluation of the Level of Compliance with Human Rights (Sistema Nacional de Evaluación del Nivel de Cumplimiento de los Derechos Humanos), a user-friendly platform of indicators to measure the progress in economic, social and cultural rights. The data is submitted by diverse governmental agencies and constitutes the basis for the PSS Reports.

Since Mexico accepted the jurisdiction of the Inter-American Court of Human Rights (IACtHR) in December 1998, the country has been condemned in 10 contentious cases. Some of these judgements have been of great importance for the protection of human rights, including not only individual but also political and collective reparation measures. For example, the 2008 González et al. case (Campo Algodonero vs. Mexico) and the 2010 judgements in the cases of Fernández Ortega et al. vs. Mexico and Rosendo Cantú et al. vs. Mexico, referring to the rape of Indigenous women by members of the Mexican army committed in the state of Guerrero. The sentences issued by the IACtHR have allowed victims to obtain a degree of justice and reparations, and have motivated national reforms related to political rights, sexual violence against women, military jurisdiction and the role of the army in public security.

Even though Mexico has ratified all the relevant treaties and engages with monitoring mechanisms, major violations of treaty provisions continue to be reported.

An Independent National Monitoring Mechanism for the Convention on the Rights of Persons with Disabilities (Mecanismo Independiente de Monitoreo Nacional, MIMN) exists, which is part of the National Human Rights Commission (Comisión Nacional de los Derechos Humanos, CNDH). Despite Mexico being one of the pioneering countries in the creation of the Convention, reports have evidenced the lack of policies to comply with its obligations. As a result, people with disabilities, especially Indigenous women and children, are among the most vulnerable populations.

Even though Mexico has ratified all the relevant treaties and engages with monitoring mechanisms, major violations of treaty provisions continue to be reported. In its annual report on the state parties’ compliance with recommendations, the Inter-American Commission on Human Rights (IACHR) highlighted that the Mexican state failed to provide information from the justice system in response to the increasing cases of forced disappearances and homicides without due investigation and the ongoing insecurity affecting historically discriminated groups. It concluded that the main challenges to comply with the American Convention persisted, particularly related to gender equality and violence against women, the protection of human rights defenders and access to justice for victims. In this sense, it stressed the urgency to close the gap between Mexico’s regulatory framework and the actual circumstances experienced by many inhabitants when they seek prompt and effective justice.

2. National Commitments

Average Score: 5

Indigenous people(s) | Score: 5

Afro-descendant communities | Score: 5

Migrant communities | Score: 5

One of the most important legal instruments for the protection of the rights of Indigenous peoples, Afro-Mexicans and migrants is the 2011 human rights reform to the Constitution, which placed international human rights treaties at a constitutional level. This means that any law or act of authority not aligned with Mexico’s international obligations is unconstitutional and can be challenged through the domestic courts by means of the writ of amparo. The reform also incorporated the “pro-persona” principle in the interpretation of law, so if there is any conflict between norms, authorities are forced to apply those which guarantee a broader protection of rights. Nevertheless, as the IACHR has pointed out, access to justice and judicial remedy remain some of the biggest challenges in Mexico. Hence, in practice, this legal commitment has not resulted in more effective rights protection.

Nonetheless, the pro-persona principle and human rights perspective have infused progressive changes in legal frameworks, such as the Federal Law to Prevent and Eliminate Discrimination (modified in 2014), which mandated the creation of a National Council to Prevent Discrimination (Consejo Nacional para Prevenir La Discriminación, CONAPRED) and a national planning strategy for public administration. The law mandates public servants to provide equal access and treatment for all Mexican citizens, irrespective of gender, class, ethnicity, religion and race.

The Constitution has declared that the Nation is “one and indivisible” with a multicultural composition “based originally on its Indigenous people” and, through a recent addition, also Afro-Mexican communities.

Since 1992, the Constitution has declared that the Nation is “one and indivisible” with a multicultural composition “based originally on its Indigenous people” and, through a recent addition, also Afro-Mexican communities. It refers to these groups as “subjects of public interest,” with the state obligated to protect their languages, customs, natural resources and forms of social organization. The Constitution affirms that Indigenous and Afro-Mexican peoples have the right to decide their own internal organization structures and take part in the institutional decisions affecting them but leaves it up to state governments to determine the legal and normative frameworks to concretely empower and recognize expressions of autonomy and self-government. The disparity in the recognition of Indigenous rights at the subnational level is substantial: for example, Oaxaca state has approved electoral laws whereby Indigenous communities can elect their municipal authorities through customary law, whereas Guerrero state criminalizes the security and justice structures created by the Indigenous and Afro-descendant peoples of the mountain and coastal region.

An important process to mention for its relevance in this section on the national commitment to the recognition of Indigenous peoples’ rights to self-determination is the reform of Mexico City’s Constitution (2017), as well as the creation of the Secretariat of Indigenous Peoples and Neighborhoods and Indigenous Residents (Secretaría de Pueblos y Barrios Originarios y Residentes Indígenas, SEPI). These two developments are the result of a long process of public debate and state consultation with Indigenous organizations and citizens of the Valley of Mexico with the aim of recognizing the original Indigenous territories and peoples of today’s city that was re-founded by Spanish settlers in the fifteenth century and urbanized in the modern era. Mexico City was founded on the pre-Hispanic city of Tenochtitlán and the Indigenous peoples of the Anáhuac Valley. The original inhabitants have been displaced over several centuries, and there are still territorial communities that have their own forms of self-government, hold traditional festivities annually and are active guardians of forest and water resources. In addition, there is an important community of Indigenous migrants from all over the country who make up a significant Indigenous diaspora population. The Constitution of Mexico City recognizes the plurilingual and pluricultural composition of the Anahuac Valley, and it establishes various mechanisms and instruments to recognize the spatial location of Indigenous communities and neighbourhoods. It should be noted that the current initiative to consolidate an official registration of the Indigenous peoples in the Anahuac Valley is not a pioneer effort. There is a previous register/census register dating back to 2011 that recognized 139 native peoples and 58 original neighbourhoods.

The Constitution of Mexico City recognizes the plurilingual and pluricultural composition of the Anahuac Valley.

As a result of decades of struggle by different Indigenous and Afro-Mexican movements, the federal government started a consultation process with these communities in 2019 to reform the Constitution and to recognize these groups as collective rights-holders with the power to autonomously make decisions about their territories, natural resources and overall development. The proposed constitutional reform initiative was delivered to the president on September 30th, 2021, and has yet to be discussed by Congress.

Other important initiatives include the federal government’s consultation process through the National Institute for Indigenous Peoples (Instituto Nacional de los Pueblos Indígenas, INPI) with Indigenous territorial authorities in the North of the country to design Justice Plans and Integral Development Plans. This initiative is meant to respond to the justice claims and social and economic development needs of the Yaqui, Seri, Mayo, Wixárika, Odami and Raràmuri Indigenous peoples, whose communities crosscut the states of Jalisco, Nayarit and Durango. The plans have a presidential mandate and a federal budget and seek to harmonize and integrate federal, state and municipal institutions to address issues such as access to water for irrigation, drinking water, land tenure regularization and access to health care, education and justice. In addition, the CNDH launched a series of measures in response to the UN’s proclamation of the International Decade for People of African Descent (2015–24), including the publication of historical research on Afro-Mexicans and the incorporation of self-recognition as Afro-Mexicans into the national census (2015 and 2020).

Regarding the legal framework on migration, Mexican law incorporates the broader definition of “refugee” found in the 1984 Cartagena Declaration, including gender as one of the causes of persecution in the definition of a refugee. If an individual does not qualify for refugee status under this extended definition, the Mexican Commission for Refugee Assistance (Comisión Mexicana de Ayuda a Refugiados, COMAR) may grant complementary protection, preventing—in theory—cases of possible returns of individuals to a country where their life would be in danger. Regarding migrants in general, the law establishes that migrants have the right to access health care and education services regardless of their migration status. The priorities reported by Mexico before the UN High Commissioner for Refugees are related to strengthening access to education for refugees and first-level health care for refugee women. However, the migratory legal order continues to focus on control of migration flows with no significant progress to date to promote a legislative agenda either at federal or state levels to mainstream migrants’ access to work, health care, identity documents and housing.

3. Inclusive Citizenship

Average Score: 5

Indigenous people(s) | Score: 5

Afro-descendant communities | Score: 5

Migrant communities | Score: 5

Mexican citizenship is obtained in two ways: by birth or by naturalization. According to Article 34 of the Constitution, Mexican citizens are persons born in Mexican territory or are children of Mexican parents. Foreigners residing in Mexico may apply for naturalization. Marriage to Mexican nationals contributes to the process of naturalization. Except for refugees, all applicants must present an officially translated and stamped birth certificate, and a clean criminal record in Mexico. The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families has stressed that this requirement often represents a barrier for accessing nationality, particularly in the case of Mexican-descendant migrants. If not seeking naturalization, foreigners residing in Mexico must apply for a work or study visa. Since 1998, Mexico’s nationality law allows Mexican nationals to have dual nationality.

The immigration authorities distinguish between three types of non-Mexican residents in the country: foreigners (residing temporarily or permanently), migrants (in transit to another country) and asylum seekers. The Constitution establishes that both Mexicans and foreigners shall enjoy the protection of their human rights. However, in the current context of globalization, due to its location and borders, Mexico has become a reference point for the transit of migrants worldwide. Irregular or undocumented migration is intrinsically linked to situations of abuse, risk and mistreatment, which occur due to inaction or omission on the part of state authorities.

[Afro-Mexicans] are second-class citizens who suffer violence, discrimination and stigmatization.

Another kind or level of citizenship exists in Mexico which might be called “Indigenous community citizenship,” which is exercised by members of rural communities that identify themselves by birth and social and cultural affinity with a specific people and locality. Community life has rules of governance in which community members actively participate throughout their adult life fulfilling a series of obligations of service to the community. Individuals participate in these community governance regimes by assuming positions and responsibilities linked to local public administration, the organization of patron saint festivities, community security and local access to justice. The participation of the entire collective and strong, place-based affiliation generates deep bonds of belonging and identity. Communities have rules that govern the different participation of their members, distinguishing roles between men and women, young men and women, single people, professionals, widows and residents. Women play a subordinate role in this social order.

Afro-Mexican citizens share with the Indigenous population a situation of spatial discrimination and are subject to racialization and discrimination based on their physical appearance. Limited rights to free transit and mobility, as well as the hyper-sexualization of their bodies, are perhaps the most acute dimensions of discrimination expressed by inhabitants of the Costa Chica region of Guerrero and Oaxaca. Afro-Mexicans do not enjoy equal access to social services provided by the government since they are mostly located in regions that are characterized by poor governmental investment in infrastructure and social delivering services. Discrimination of all sorts impacts their quality of life. They are second-class citizens who suffer violence, discrimination and stigmatization. High rates of illiteracy and the lack of professional skills confine the majority to low-paid, manual work.

4. Policy Implementation

Average Score: 5

Indigenous people(s) | Score: 5

Afro-descendant communities | Score: 5

Migrant communities | Score: 2

The Constitution establishes that the three levels of government shall create institutions and determine policies to guarantee Indigenous peoples’ and Afro-Mexican communities’ rights and their “comprehensive development.” Such policies should be designed and operated jointly with them. INPI, with offices throughout the country, is the institution responsible for designing, coordinating, executing, monitoring and evaluating programs, projects, strategies and actions regarding Indigenous peoples and Afro-Mexican communities.

For 2022, the “Indigenous cross-cutting budget” (Presupuesto Transversal Indígena, PTI) was $6.3 billion (USD), 1.7 percent of the total Federal Expenditure Budget (Presupuesto de Egresos Federal, PEF). To fulfill its mandate, INPI was allocated $200 million (USD) (3 percent of the PTI and 0.05 percent of the PFE). Since 2017, the budget allotted to INPI has been progressively decreased by up to 60 percent. The largest percentage of the PTI was assigned to the Secretariat of Welfare (Secretaría del Bienestar), with more than $3 billion (USD) (54 percent). This resource allocation has been criticized by representatives of Indigenous movements, who claim they have been excluded from decision-making on the programs implemented by the Secretariat of Welfare. They also stress that these lack an evaluation method and that there is no evidence of their direct impact on Indigenous peoples’ rights. Similarly, a 2021 evaluation by INPI pointed out that current social assistance programs reproduce paternalistic visions of “supporting,” “benefiting” or “protecting” Indigenous and Afro-descendant communities, conceiving them as “objects’” of policies rather than subjects of rights. According to INPI, the lack of cultural relevance results in ineffective or even counterproductive public services, perpetrates a relationship of subordination, assistance and limited attention.

The lack of cultural relevance results in ineffective or even counterproductive public services, perpetrates a relationship of subordination, assistance and limited attention.

The López Obrador administration understands problems of violence and insecurity as due to the marginalization and dispossession suffered by broad social sectors of the Mexican population. Significant budget cuts to government expenses considered unnecessary have allowed the government to implement direct and emergency social assistance programs supported by federal and state government agencies related to social issues, such as INPI, the Secretariat of Social Development, CONAPRED and the National Women’s Institute (Instituto Nacional de las Mujeres, INMUJERES). There has been a concerted effort to seek better coordination of government agencies. The government has invested in infrastructure, such as hospitals, clinics, roads, schools and shelters, but it has not trained sufficient human resources (doctors, nurses, teachers, etc.). The government has sought to bypass state and municipal governments, allocating federal resources for infrastructural works directly to Indigenous communities via an exceptional mechanism: the Indigenous community tax registration. However, at the local level, corruption combined with discrimination often denies Indigenous, Afro-descendant and migrant populations effective access to health care and other services. At the federal level, government programs aimed at the Indigenous population (youth, adults and women) have been prioritized, including community and traditional health care, youth education, language recovery, support for subsistence agricultural production, productive artisan projects for women, credit access programs for Indigenous businesses, community tourism projects and actions to mitigate climate change.

The consultation forums organized by INPI on the proposed constitutional reform involved 52 meetings in the Indigenous regions of 27 states during 2019. In addition, one specific forum for Afro-Mexican people took place in Guerrero state and another with Indigenous migrants in Los Angeles, California. Across the country, 27,064 authorities and representatives of the 68 indigenous peoples and the Afro-Mexican people of Mexico were consulted.

The consultation processes covered thematic areas and the most crucial socio-political demands, fundamental rights and claims of the indigenous and afro Mexican peoples and organized movements:

1. Autonomy and self-determination;
2. Constitutional reform and the recognition of Indigenous and Afro-Mexican peoples as collective subjects of law;
3. Language, cultural heritage, traditional knowledge and collective intellectual property;
4. Access to education, health and economic development, food sovereignty and self-sufficiency;
5. Legal mechanisms against all forms of resource extractivism;
6. Women’s rights;
7. Recognition of Indigenous normative systems;
8. Biodiversity, natural resources management and environmental conservation;
9. Political representation and participation at national and local levels;
10. Migration, urban settlement and forced displacement.

The results of these consultations are reflected in a draft constitutional reform that was delivered to the president in March of 2020, but it has yet to be reviewed by the National Congress.

No comprehensive plans exist to care for the Indigenous population that works as migrant agricultural labourers. However, INPI has a support fund in cases of accidents, injuries or death during work activities. Most of the requests come from agricultural workers and their families from the mountain region of Guerrero state. INPI does not have programs to assist Indigenous migrants from Central American countries.

In early 2023, several cases of infant deaths amongst the families of Indigenous seasonal farm workers in Sinaloa came to light. These preventable deaths are the result of poor working conditions and lack of health services for the families of Indigenous workers. These cases are invisible to public opinion unless human rights organizations, such as the Tlachinollan Mountain Human Rights Center, create reports and accompany the parent’s children.

At the local level, corruption combined with discrimination often denies Indigenous, Afro-descendant and migrant populations effective access to health care and other services.

With respect to the Afro-descendant population, the government has promoted several initiatives to increase the historical and current demographic visibility of this population. Informed knowledge about their geographic location, demographic composition, employment and principal productive activities are necessary to enable specific investments to meet their demands for recognition and social development. At the national level, social programs focussed on health care, infrastructure and education indirectly benefit the Afro-Mexican population living in the municipalities and towns of the Costa Chica region of Guerrero, Oaxaca and Veracruz.

The Secretariat of the Interior (Secretaría de Gobernación, SEGOB) is the authority charged with designing, coordinating and implementing Mexico’s migration policy. However, in 2019, the president issued an executive order that shifted this responsibility to a recently created Interagency Commission for Comprehensive Assistance in Migration Matters, presided over by the Secretariat of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE). This political decision heralded a migration policy highly determined by foreign affairs, particularly with the US through the “Remain in Mexico” policy, under which the US government has returned at least 70,000 asylum seekers to Mexico to wait out the processing of their cases in the US immigration court system. The response of Mexican migratory institutions has been an enforcement-centric approach, deploying almost 30,000 soldiers alongside National Migration Institute (Instituto Nacional de Migración, INM) agents to apprehend undocumented migrants throughout Mexico. The migration budget for 2022 was $88,022,086 (USD). Around 94 percent of this amount was assigned to the INM, which is responsible for surveillance and monitoring entries and exits to the country, determining and executing deportations and assisted returns, and bringing migrants to detention centres.

Control actions are performed with the assistance of the National Guard, a militarized security force created in 2019. The use of security forces in migratory contexts contravenes Mexico’s international human rights commitments. Civil society organizations (CSOs) have documented numerous incidents of members of Mexico’s National Guard and the INM beating migrants, committing sexual assaults against women, separating families and utilizing excessive force toward migrants—including children—along Mexico’s Southern border. The López Obrador administration has been illegally expelling thousands of asylum seekers to Guatemala without due process, including many who were first expelled from the US into the custody of Mexican authorities. In 2019, President López Obrador deployed the National Guard for migration enforcement. In September 2021, National Guard troops and Mexican immigration agents violently detained a series of caravans of asylum seekers in the state of Chiapas, leaving many injured. Mexican immigration officials have refused to follow court rulings ordering them to prevent the spread of COVID-19 in immigration detention centres. Detained migrants have said they were not given masks or soap and were denied medical treatment when they had symptoms of COVID-19.

A 2021 legislative reform (which started in 2020) barred migratory authorities from keeping unaccompanied underaged migrants in detention centres. Rather, they must be transferred to social assistance centres where authorities for child protection will decide on their situation. Migratory authorities were given a six-month period to establish the appropriate procedures. Currently, there is no official information on how this is being implemented, nor what has happened with the 75,000 cases of detained children reported by SEGOB in 2021.

Mexico’s asylum system is severely overstretched. COMAR, which decides upon and grants refugee status, was assigned a $2,295,917 USD budget in 2021, representing a 2.5 percent increase from previous years. This is a disproportionately small amount, considering that in 2021 COMAR reported 131,448 applications for refugee status, the most in Mexico’s history at that time. In January 2023, COMAR reported having received 118,478 applications in 2022. Mexico’s asylum system is severely overstretched. Since 2013, the number of applications received has nearly doubled every year. The new overflow of migration in Mexico is due to several factors, but the main problem is that Mexico has stopped exercising its own migration policy and accepts US pressure to make Mexico a “safe third country” for people seeking to reach the US and apply for refugee status. Migratory flows are large and constant, and instead of facilitating the application process—which is a human right—INM authorities are warning applicants to desist and help them return to their countries of origin. Mexico is a transit country that has become a de facto “safe third country,” but in fact it is not safe for migrants. Mexico has become a systematic violator of migrants’ human rights.

5. Data Collection

Average Score: 6

Indigenous people(s) | Score: 6

Afro-descendant communities | Score: 6

Migrant communities | Score: 5

According to the Inequality Transparency Index, Mexico is the third Latin American country with the most available information regarding inequalities, after Uruguay and Colombia. The main instrument that collects data about inequality is the Population and Housing Census conducted every 10 years by INEGI. All information produced is publicly available in Spanish on government websites. Among the problems identified in this survey is the underreporting in both low-income and very high-income households. Both situations occur because people with fewer resources live in places that are very difficult to access or in territories with ongoing conflict, while, in the case of rich people, the data is incomplete because many times they do not let INEGI interviewers into their homes. In addition to the above, an important factor in influencing the lack of coverage in certain areas is that INEGI data collectors fear the risks that may occur if they enter territories and urban neighbourhoods controlled by criminal groups.

Indigenous organizations and Afro-descendant collectives have called for instruments and indicators that better reflect the multi-ethnic and multi-racial composition of the Mexican population, including the numerical weight, social needs and self-identification of ethno-linguistic and racial populations. Afro-Mexican people and communities, mainly concentrated in the states of Guerrero, Oaxaca and Veracruz, have historically been invisible in national statistics. It was not until the 2015 socio–demographic census that INEGI first included self-identity ascription as Afro-descendant. Regarding Indigenous peoples, official statistics traditionally defined the Indigenous population using criteria based on language, which many have argued underestimated this increasingly urban population. Indigenous peoples’ organizations were successful in pressuring the government to include a question based on self-identification in the 2000 Census. In that year, only half of those who identified as Indigenous actually spoke an Indigenous language, and of those who did, 84 percent also spoke Spanish. However, a common barrier is that, if the interviewed person does not speak Spanish, the interview cannot be completed. This results in the disproportionate exclusion of Indigenous women from these instruments, considering that 15 percent of women who speak an Indigenous language are monolingual, compared to 9 percent of men.

Indigenous organizations and Afro-descendant collectives have called for instruments and indicators that better reflect the multi-ethnic and multi-racial composition of the Mexican population.

The quantification of Indigenous and Afro-Mexicans as well as the spatial and geographical representation of their communities and municipalities presents numerous methodological challenges. Following her visit to Mexico, Victoria Tauli Corpuz, the UN Special Rapporteur on the rights of Indigenous Peoples (2018), pointed out that the lack of consistency in population statistics on Indigenous peoples worked to the detriment of effective public policies.

INPI has a catalog of Indigenous municipalities based on linguistic criteria establishing the percentage of native language speakers at the municipal level. This catalog is a reference that guides social services planning of various public institutions, although it fails to properly represent social dynamics of mobility, seasonal migration or intergenerational linguistic and cultural change. Besides INEGI, other public research institutions produce quantitative and qualitative information on Indigenous peoples and Afro-Mexicans, such as CONAPRED (already mentioned), the National Council of Housing and Population (Consejo Nacional de Población, CONAPO) and National Council for the Evaluation of Social Development Policies (Consejo Nacional de Evaluación de la Política de Desarrollo Social, CONEVAL). Each produces multiple documents and reports that aim to represent and measure socioeconomic indicators, poverty rates and discriminatory barriers that prevent equal access to social services. Since 2002, CONEVAL, for instance, has developed a methodology to measure extreme poverty. Based on statistical work, CONEVAL produces a highly sophisticated report on Indigenous poverty using two distinct categories: poverty and extreme poverty in relation to earnings (salaries) and access to social services and infrastructural living conditions. This report permits comparisons with the non-Indigenous population and longitudinal comparisons. According to CONEVAL the most salient indicator is that in 2018, 27.9 percent of Indigenous peoples lived in extreme poverty (3.5 million) compared to 5.3 percent of the non-Indigenous population.

Institutions such as CONAPRED conduct surveys demonstrating various indicators of discrimination experienced by Afro-Mexican peoples, as well as people with various disabilities. CONAPRED also produces information about racial, ethnic and gender discrimination in public services. Specifically, the National Survey on Discrimination (Encuesta Nacional sobre Discriminación, ENADIS) was designed to reflect the habits and daily social interactions determined and embedded by prejudice and negative stereotypes against Indigenous and Afro-Mexicans. The survey report details the challenges facing Indigenous and Afro-descendant populations, revealing a matrix of discrimination. CONAPRED, along with various academic institutions in Mexico including the National Institute of Anthropology and History, have embarked on various projects to map the presence and increase the visibility of Afro-descendant people in the country. In addition, the 2020 Census results have been used to prepare infographics of all kinds to increase the visibility of Mexico’s Afro-descendant population. According to the census, 2,576,213 people self-identified as Afro-descendants and represent 2 percent of the total population of the country. Specific municipalities within the states of Oaxaca, Guerrero, Veracruz, Estado de México and Baja California contain nearly 60 percent of the entire Afro-descendent population of the country.

The 2020 Census results have been used to prepare infographics of all kinds to increase the visibility of Mexico’s Afro-descendant population.

Regarding migration, the Population and Housing Census also asks about the country of birth and where the person lived five years ago. There is also an expanded questionnaire applied to a sample of 10 percent of all households that captures detailed information on the causes of migration, place of origin, place of destination, return, etc., with reference to the five-year period prior to the date of survey.

Internal displacement due to violence and conflict has been on the rise in Mexico, particularly in rural and Indigenous territories. Nevertheless, there is little official data to characterize this phenomenon, which hinders the creation and implementation of appropriate policies to address it. In this regard, international and local organizations have been filling the data gaps. For instance, the most recent data from the Internal Displacement Monitoring Centre indicate that, as of the end of 2022, there were 36,000 internally displaced peoples (IDPs) due to natural disasters and 386,000 related to conflict and violence in Mexico. The most recent figures from the Mexican Commission for the Defense and Promotion of Human Rights (Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, A.C., CMDPDH) indicate that, as of September 2021, at least 36,272 people were reportedly forcibly displaced from their state or Mexico entirely. These figures represent an increase of more than 400 percent compared to the same period in 2020.

SEGOB’s Unit for Migratory Policy, Registration, and Identity of Persons (Unidad de Política Migratoria, Registro e Identidad de Personas, UPMRIP) prepares a synthesis of the migration report based on the administrative records generated at the various points of entry, processing areas and immigration stations of offices in the states and the central offices of the INM, as well as the records of vehicle entry permits for Mexicans. This report includes information on all entries to Mexico by Mexicans and foreigners, their status and migratory documentation, their regular or irregular situation and devolution and repatriation rates. It contains comparative charts that show changes in migration flows of visitors soliciting refugee and humanitarian assistance (in 2020, there were 39,589; by 2022, the number had reached 136,640). Between January and September 2022, 365,661 Central Americans and 1,470,847 South Americans entered Mexican territory. During their transit through the country, many undocumented migrants are victims of crime. UPMRIP produces a special bulletin on the crimes committed against migrants. The most common crimes reported are human trafficking, forced disappearance, sexual abuse, extortion, kidnapping of minors, robbery, corruption, intimidation, fraud, homicide and neglect. In 2021, 841 complaints were presented, most in the states of Hidalgo and San Luis Potosí. From a total of 841 cases, 569 victims were adults and 272 were children and teenagers.

6. Claims-making and Contestation

Average Score: 4.5

Indigenous people(s) | Score: 5 

Afro-descendant communities | Score: 5

Migrant communities | Score: 4

The right of peaceful assembly in Mexico is formally guaranteed in the Constitution, and protests are frequent, although it is dangerous to exercise political and civic expression in some regions, with the police frequently using excessive force and detaining protesters arbitrarily. Groups opposing extractive projects in their territories and defending their natural resources, particularly Indigenous communities, face constant violence by non-state actors related to the private sector and organized crime.

Several instances of protest-related violence caused controversy in 2020. In March 2020, tens of thousands of women protested violence against women and other forms of gender discrimination in Mexico City and initiated a one-day strike. President López Obrador installed metal barricades around the National Palace—described as a “peace wall” by his spokesperson—in advance of the protests, saying he wanted to protect government property from vandalism. Police officers fired pepper spray at the protesters after they attempted to tear down the metal wall; 62 officers and 19 civilians were injured. At his daily press conference following the events, López Obrador denounced the feminist protests as being driven by conservative agitators. In November 2020, police fired live ammunition at young feminist protesters in Cancún, resulting in at least 10 injuries; the police chief and state security minister were subsequently forced out of their jobs as they had been instructed by the governor of Quintana Roo not to engage in violence against the protesters.

In recent years groups of migrants from Honduras, Guatemala, Nicaragua, Venezuela, Haiti and Cuba have organized as migrant caravans (caravanas migrantes). Caravans started gaining visibility in 2018 not only as a strategy to cross Mexico toward the US in a relatively safer manner but also to denounce the challenges migrants face and reclaim their right to mobility. Caravans travel by walking and hitchhiking, spending the night in shelters, churches, streets and town squares. While to some extent these groups have received solidarity, support and accompaniment from Mexican CSOs and citizens, they also face xenophobia and discrimination due to prejudices that label them as criminals, a threat to Mexicans’ job opportunities, etc.

In 2019, the federal government deployed the National Guard—a branch of the military—for migration enforcement. This has resulted in many cases of repression and excessive use of force. In January 2020, National Guard troops clashed violently with a caravan of migrants in the state of Chiapas. In September, immigration agents were filmed kicking and beating families in a migrant caravan. In 2021, the CNDH called on different institutions to protect the rights and safety of the caravans and, above all, “before the possibility of resorting to the use of public force to contain them.” Human rights defenders (both national and foreign), as well as academic experts in the field, play an important role in documenting violations and abuses against migrants and in supporting families affected by cases of forced disappearance and trafficking. The vulnerability of migrants in their passage across Mexico is a consequence of the lack of state commitment to the welfare of this population in transit.

In 2019, the federal government deployed the National Guard for migration enforcement. This has resulted in many cases of repression and excessive use of force.

Indigenous peoples in Mexico have long demanded recognition of their right to exist in diversity, respect for their traditional ways of life, the election of their own authorities, the integrity of their territories and resources, and the power to govern themselves through their own forms of government. The routes and strategies to demand Indigenous rights to self-determination vary across the country. In recent years, the judicialization of claims for self-government rights related to the election of authorities according to local customary law (usos y costumbres) has been the most common and successful (e.g., the cases of Ayutla de los Libres, Guerrero; Cherán, Michoacán; and Oxchuc, Chiapas). Yet, at the same time, Indigenous peoples defending their territories from extractivist and other developmental megaprojects face dangerous and deadly repression by state and non-state actors. In 2021, 54 environmental defenders were murdered, compared to 30 killings registered in 2020. More than 40 percent of these activists were Indigenous, and more than a third were forced disappearances, including at least eight members of the Yaqui Indigenous community in Sonora who had been fighting via protests and legal resources against an aqueduct that threatened access to water on their land.

Afro-Mexican rights organizations have also formed strategic alliances with organized collectives of Indigenous women to increase the participation of Indigenous and Afro-descendant women within formal politics.

Local and regional organizations pushing for Afro-descendant recognition and anti-racism initiatives have gradually scaled up their advocacy capacity, achieving changes in national perceptions of the Afro presence in the country’s history and contemporary economic and cultural life. National institutions, such as INMUJERES, the Human Rights Commission of the Federal District, the Senate and political parties, such as the National Regeneration Movement (Movimiento Regeneración Nacional, MORENA), have increasingly pointed to the need to combat racial discrimination. Afro-Mexican rights organizations have also formed strategic alliances with organized collectives of Indigenous women to increase the participation of Indigenous and Afro-descendant women within formal politics through quotas, affirmative action and different mechanisms of support, and to highlight the different forms of violence and discrimination they suffer. In addition, in March 2023, the Electoral Institute of Citizen Participation of Guerrero recognized Electoral District No. 15 (Florencio Villarreal) as Afro-Mexican because of the well-organized advocacy and community work in favour of an electoral reconfiguration that truly reflects the socio–cultural demography of the district. District No. 15 includes 67 percent of Afro inhabitants, living in seven municipalities.

7. Political Parties

Average Score: 3

Indigenous people(s) | Score: 3

Afro-descendant communities | Score: 3

Migrant communities | Score: 3

Mexico’s federal electoral districts are the 300 territorial units into which Mexico is divided for the purpose of elections. In 2017, the National Electoral Institute (Instituto Nacional Electoral, INE) established 28 electoral districts marked and recognized as Indigenous, meaning the majority of the population of those districts are Indigenous citizens. To facilitate the election process of Indigenous representatives, the political parties by law must include candidates that meet the identity requirement. Control over the filter of representation is in the hands of the political parties, as they draw up the list of candidates according to their own criteria of ideological affiliation, rather than rigorous selection for truly pluralistic ethno-cultural representation. Therefore, from 2015 to date, no more than 14 seats have been held by Indigenous peoples, which represents only 2.8 percent of the total number of seats. This contrasts with the population that identifies itself as Indigenous in the country, since according to data from the Intercensal Survey referred to above, there are 25,694,928 people who self-identify as such, which represents 21.5 percent of the total population.

After 71 years of Institutional Revolutionary Party (Partido Revolucionario Institucional, PRI) rule, Mexico moved to formal democracy and alternation of power in the early 1990s. The PRI has long recruited peasant and worker leaders for its party cadres. Deploying a very clientelist culture, the PRI honed its capacity to extend its influence and party structure to all levels of organization in society. It can be argued that these practices were aimed at co-opting local politicians and leaders from disadvantaged social classes to work for the benefit of the national party. This clientelist culture prevails today under different guises. A clientelist political culture persists across all the political parties. Currently, there are seven political parties with official registration: the National Action Party (Partido Acción Nacional, PAN), PRI, Party of the Democratic Revolution (Partido de la Revolución Democrática, PRD), Labor Party (Partido del Trabajo, PT), the Ecologist Green Party of Mexico (Partido Verde Ecologista de México, Green Party), the Citizens’ Movement (Movimiento Ciudadano) and MORENA.

A clientelist political culture persists across all the political parties.

MORENA is the current party of government. At the national level, López Obrador holds executive power. At the regional level, there are 20 states with elected governors from MORENA, six from PAN, two from PRI and one from the Green Party. After the national presidency, the second most important federal district is Mexico City, the capital of the country. In 2018, Claudia Sheinbaum was elected Head of Government of Mexico City, and she is a MORENA militant. Under her tenure, important legal advancements have taken place, such as those mentioned in the previous section recognizing national commitments to Indigenous peoples’ rights (the progressive Constitution that recognized the historical pluricultural composition—Indigenous and Afro-descendants—of Mexico City’s populations) and same sex marriage for the LGBTQ+ community.

Despite the positive aspects of the MORENA administration and its progressive legal reforms, its partisan use of resources and instruments of public administration negatively affect the right of local communities to self-determination and self-government. Through the Secretariat of Indigenous Peoples and Neighborhoods and Indigenous Residents (Secretaría de Pueblos y Barrios Originarios y Residentes Indígenas, SEPI), a registration system is being implemented to recognize “the Status of Indigenous Peoples” for the demarcation of territories, communities and neighbourhoods in Mexico City. This process of certification is legally binding and has judicial implications that are controlled by the government. As of August 2023, only 48 of the over 150 Indigenous communities identified in Mexico have won their registration. External observers are concerned that the implementation of native status recognition by Mexico City’s government is a strategy to favour the certification of those community organizations aligned with MORENA’s partisan structures. Furthermore, independent and autonomous communal councils of government, such as the one that led the organizing process of San Andrés Totoltepec, are constantly under attack and harassment from MORENA partisans. Everything seems to indicate that the SEPI authorities aim to create parallel territorial representatives politically aligned with MORENA’s ideology and government action plans.

PAN has historically been linked to the Catholic church and business sector interests. It is the second most influential political force in Mexico, and the only main party openly opposing LGBTQ+ rights and sexual and reproductive rights. Hence, states governed by PAN have pushed back efforts to advance social demands regarding access to abortion and same-sex marriage. Many public figures and authorities in this party have been denounced by state and non-state actors for LGBTQ+–phobic speech and acts. PAN is also against the decriminalization of drug consumption.

Political parties forming the opposition coalition (PRI, PAN and PRD) have criticized López Obrador’s government for its lack of action against femicides, abuse against migrants, the construction of megaprojects in Indigenous territories and the militarization of public security. However, there is little active and genuine engagement of political parties with civil society on these issues. In general, the main political parties’ discourses recognize and support Mexico’s intercultural identity, particularly in relation to Indigenous peoples and Afro-Mexican communities. Even right-wing parties, such as PAN, have a narrative of “being empathic” with Indigenous peoples to help them achieve better life conditions. This is rarely translated into action. For instance, one of the current government’s main campaign promises was the constitutional reform to recognize autonomy of Indigenous people and Afro-Mexican communities as collective subjects of rights, but the bill has been stuck in the legislature since 2019 without having been discussed. At the subnational level, representatives of Indigenous organizations have denounced increasing budget cuts and insufficient funds for programs focussed on these population groups.

The main political parties’ discourses recognize and support Mexico’s intercultural identity, particularly in relation to Indigenous peoples and Afro-Mexican communities.

Regarding migrants, the president’s discourse has focussed not only on recognizing the right of people to pursue a better quality of life but also on the need for an organized and regulated flow of migration. Official discourses present the detention of migrants as a humanitarian policy to avoid their life being put in danger due to irregular migration. At a subnational level, political parties’ discourses generally avoid strong statements on the situation of migrant people in Mexico.

8. News Media

Average Score: 2

A. Representation | Score: 2

Ethno-Religious | Score: 2

Class | Score: 2

Transnational Migration | Score: 2

B. Prominence of Pluralistic Actors | Score: 2.5

Ethno-Religious | Score: 3

Class | Score: 2

Transnational Migration | Score: 2

The Federal Telecommunications and Broadcasting Law states that “in the provision of such services, discrimination based on ethnic or national origin, gender, age, disabilities, social status, health condition, religion, opinions, sexual preferences, marital status or any other that violates human dignity and has the purpose of nullifying or undermining rights and liberties of a person is prohibited.” Yet, a CONAPRED publication confirmed that, in recent years, xenophobic and hate speech has been reproduced in the media, on social networks and via other communication outlets, especially against migrants from Guatemala, El Salvador, Honduras, Haiti, Cuba, Venezuela, Colombia and some African and Asian countries. Such discourses are based on negative stereotypes and biases about their national origin, culture, ethnicity, immigration status and even health condition (as seen in the resurgence of anti-Asian sentiments at the outset of the COVID-19 pandemic).

National television, radio and the written press are currently polarized for or against the government of Manuel López Obrador. National television stations, such as Televisa and TV Azteca, as well as national newspapers, such as El Universal, Milenio and Reforma, are generally critical of the government. The government presents itself as favouring the working class and disadvantaged social sectors and denounces criticism as classist and in some cases racist.

More broadly, corporate media tend to transmit problematic socio–racial stereotypes. White phenotypes dominate amongst soap opera actors and TV presenters. The media’s whitening of Mexican-ness is the product of premeditated racial bias. The diversity of faces and bodies that characterizes Mexican society is not represented in the mainstream media. According to CONAPRED, despite progress in recent years, most advertising agencies use strategic stereotypes and aspirational models that fail to represent diversity. Hence, advertising in Mexico is an “endless parade of tall and thin people with light skin and brown hair, promoting all kinds of products to a very diverse population in which brown skin, dark hair and medium height predominate.” Advertising practices exclude at least 30 percent of the country’s population, most of whom live in economic poverty, and many of whom are Indigenous and Afro-descendant peoples. When they are represented, it is often through stereotypes and using condescending and paternalistic tropes. In other words, this sector is usually “used” rather than included.

As explained by Ariadna Solis, media in general, and especially Mexican films, tend to depict Indigenous peoples in a negative and stereotypical light, showing them, for instance, as ignorant, superstitious and living in poverty. In contrast, people of mestizo background  (people of mixed ancestry) or white people are usually shown as modern, intelligent and seeking the good of everyone. These portrayals contribute to perpetuating racism against Indigenous peoples by conveying the idea that they are inferior to other groups. These negative depictions have a particular impact on Indigenous women, who may be perceived as uneducated, backward and lacking agency, which can limit their opportunities and contribute to their exclusion from mainstream society. For instance, the India María films, which began in the 1960s, have impacted how Indigenous women are imagined today. The character depicts a migrant woman from an indistinct Indigenous community constantly emphasizing her naive, poor and ridiculed Spanish language skills and ignorance, which make her a target of abuse and discrimination.

Media in general, and especially Mexican films, tend to depict Indigenous peoples in a negative and stereotypical light, showing them, for instance, as ignorant, superstitious and living in poverty.

By contrast, alternative media, such as Facebook and local radio, have given space to a great diversity of creative production, whether for the teaching of Indigenous languages or the teaching and mobilization of Indigenous poetry, art and film. Indigenous actors play an important role in articulating an open and thoughtful critique of racism in Mexico and the role of the media in reproducing whiteness as a racial and cultural ideal. Much remains to be done with respect to the representation of Afro-Mexicanity. Organizations and activists, such as the photographer Hugo Arellanes Antonio, founder of the Huella Negra collective, play an important role by representing the beauty of Afro-Mexicans in their diversity.

The UN Committee on the Elimination of Racial Discrimination stressed in 2019 that the migratory phenomenon of the caravans (which are mainly comprised of Venezuelans, Hondurans, Salvadorans and Guatemalans) had increased discriminatory discourses, racial hatred and xenophobia against migrants. At the same time, alternative and regional media in all parts of the republic, particularly in regions of migratory flows or contexts of extreme violence in the Southeast, Southwest, Northeast and Northwest of Mexico (such as Chiapas Paralelo, Amapola Periodismo, Periodismo a Pie, Pie de Página, Animal Político and La Jornada del Campo), play a very important role in the dignified representation of Haitian and Central American migrants, reporting and documenting complex events, such as the migrant caravans; the camps where migrants await resolution of their asylum requests; and migrants’ contribution to the local economy in cities, such as Tapachula or Monterrey.

9. Civil Societies

Average Score: 8

Indigenous people(s) | Score: 9

Afro-descendant communities | Score: 9

Migrant communities | Score: 7

Mexico has an enormous diversity of civil society and social movements working in human rights monitoring and advocacy. In recent years civic organizations, including Tlachinollan, Miguel Agustin Pro, FUNDAR: Center of Analysis and Research (Centro de Análisis e Investigación A.C., FUNDAR) and Civic Date (Data Cívica), have turned to documenting and supporting collectives of victims of forced disappearance, femicides and internal displacement. Several organizations have emerged in recent years to accompany the families of the disappeared in their search for their loved ones, including collectives based in Central American countries whose family members disappeared when transiting across Mexico in the hope of reaching the US.

A wide range of organizations work on issues of Indigenous peoples’ economic empowerment, cultural recovery, rights education, leadership training and strategic litigation to accompany processes of territorial defence and opposition to extractivism. The human rights non-governmental organization (NGO) Tlachinollan, located in a subregion of the state of Guerrero affected by high levels of marginalization and poverty, has led the legal defence for the 43 Indigenous students disappeared from the teacher-training school in Ayotzinapa in 2014, a case which achieved global notoriety. Together with civic associations, such as FUNDAR, Tlachinollan has provided legal and moral accompaniment for the disappeared students’ families. Tlachinollan has also been central in denouncing the conditions of exploitation and poverty experienced in the Northeast of the country by Indigenous migrant farm workers from Guerrero state.

Mexico has an enormous diversity of civil society and social movements working in human rights monitoring and advocacy.

Organized social movements of Indigenous men and women under the umbrella of the National Indigenous Congress continue to place Indigenous rights issues on the national electoral agenda. Adopting an intersectional perspective on political and gender rights, organizations such as the National Political Assembly of Indigenous Women (Asamblea Nacional Política de Mujeres Indígenas), the Afro-Mexican Women on the Move Collective (Colectiva de Mujeres Afromexicanas en Movimiento, MUAFRO) and the Simone de Beauvoir Leadership Institute, A. C. (Instituto de Liderazgo Simone de Beauvoir, A.C.) have supported organizational processes amongst Indigenous and Afro-Mexican women, as well as racism awareness training. Indigenous women organize to demand the recognition of their specific rights, or to fight institutional racism in the health and justice sectors. Civil society organizations (CSOs), such as the Support and Training Center for Domestic Employees, A. C. (Centro de Apoyo y Capacitación para las Empleadas del Hogar, A. C.), defend the labour rights of Indigenous domestic workers.

The rights agenda for the Afro-Mexican population includes identity awareness and self-recognition, cultural recovery and the development of an agenda for advocacy and visibility. While some groups aim to generate protocols for state authorities in cases of femicides of Afro-Mexican women, other organizations, such as AfroCaracolas, work to promote community self-ascription as Afro-Mexican as part of the struggle for greater local political autonomy.

Human rights organizations provide vital humanitarian and medical assistance to the migrant population who remain in Mexico while their claims for asylum in the US are processed, or who are deported to Mexico even if they are from a third country. A huge number of migrant shelters supported by NGOs, civil society associations, the Catholic Church and other religious denominations offer health and humanitarian assistance to the population in transit: for example, Albergue Belén in Tapachula, Chiapas; Hogar de la Misericordia in Arriaga, Chiapas; Albergue Hermanos en el Camino in Ixtepec, Oaxaca; La Casa de la Caridad Hogar Migrante in San Luis Potosí, San Luis Potosí; La Casa Belén Posada Migrante in Saltillo, Coahuila; and the Instituto Madre Asunta in Tijuana, Baja California.

Human rights organizations and social movements continue to exercise a prominent role in advancing policies to address the ongoing human rights’ crises in the country, defend diversity and demand institutional accountability.

Religious associations are some of the most influential actors in Mexican civil society. There are 9,610 registered places of worship of Catholic and Christian/Evangelical denominations and sects throughout the country. And, according to the last national census, 77.7 percent of the population recognizes themselves as Catholic (97,864,218) and 11.2 percent as Christian Evangelical or Protestant (14,095,307). Religious institutions are the leading voices against sexual and reproductive rights and LGBTQ+ rights in Mexico. Exclusionary discourses and civic mobilizations have usually appeared or increased in reaction to progressive policies or legal reforms, such as the Supreme Court’s decriminalization of abortion and legalization of same-sex marriage in 2021. Anti-abortion groups, including the Mexican Episcopate, defend “life from conception” and attribute human rights violations, such as femicide and violence against women to the “disintegration of traditional families,” supposedly fuelled by access to abortion and same sex marriage.

Despite the exacerbation of anti-rights discourse in civil society, and the hostility of the López Obrador administration to the critical voices of organized civil society human rights organizations and social movements continue to exercise a prominent role in advancing policies to address the ongoing human rights’ crises in the country, defend diversity and demand institutional accountability. They insist that discrimination and inequality are at the core of the injustices and the violence afflicting Mexican society.

10. Private Sector

Average Score: 3

Indigenous people(s) | Score: 4

Afro-descendant communities | Score: 4

Migrant communities | Score: 2

Mexican and foreign corporations are required by Mexican law to implement affirmative action measures to foster a work culture of respect and dignified treatment, as well as inclusion of women and men seeking equal opportunity in managerial and executive positions. Legal provisions exist stating that sexual harassment, mistreatment in the workplace and racial/ethnic discrimination should not be tolerated. The adoption of measures and codes of conduct to pluralize the working environment, the personnel hired and, in general, to ensure respect and non-discrimination, is highly uneven across and within different economic sectors. Mexico adheres to the Standard 025 for Equality and Non-Discrimination, a voluntary mechanism to certify both public and private centres of work that practice affirmative action. Although more have recently sought certification, only 460 private companies and civic associations are certified among the 1.9 million companies and businesses that exist in the country. A study conducted by Mercer in Mexico showed that, while 72 percent of companies say they have a commitment to gender diversity and inclusion, only 40 percent actually have a strategy for achieving it. The study also revealed that 77 percent of companies claim to have equal gender pay, yet only 66 percent had actually done any systematic research on the income gap between women and men.

The adoption of measures and codes of conduct to pluralize the working environment, the personnel hired and, in general, to ensure respect and non-discrimination, is highly uneven across and within different economic sectors.

The lack of real commitment displayed by the private sector contributes to the exclusion of women in general and Indigenous, Afro-Mexican and migrant women, in particular. Women’s labour force participation in Mexico is among the lowest in Latin America and the second lowest in the Organisation for Economic Co-operation and Development. Women who manage to be hired have to work in precarious conditions, with low incomes, most of them without social security, a stable contract, union organization and benefits. According to the most recent data, 35.3 percent of the economically active employed population between 15 and 59 years of age is concentrated in the category of unskilled manual labour activities, such as service jobs, auxiliary activities and agricultural work. In the case of self-identified Indigenous peoples, this number rises to 47.12 percent, 59.8 percent for those that speak an Indigenous language and 38 percent for Afro-Mexicans. In addition, the informality of recruitment practices in Mexico means that workers, particularly women workers, are liable to be deceived about salaries and working conditions.

Data on labour conditions of migrant persons is scarce. But CSOs such as FUNDAR have decried that agricultural workers, who number around 2.5 million and are mainly Indigenous and migrant people, live in overcrowded and undignified spaces that represent a risk to their safety and that of their families. In the case of migrant women, the main employment sectors are domestic work, agriculture, street vending and sex work. In the case of domestic work, for instance, 93.5 percent of women employed speak one or more Indigenous language as their first language, which further contributes to the discrimination in recruitment and in the workplace. According to the International Labour Organization (ILO), employers tend to prefer girls and young women aged 12 to 25, since it is “easier” to train them to meet the demands of the head of the household. In each of the sectors mentioned above, recruitment practices are characterized by the existence of informal networks through which migrant women obtain information about employment opportunities, including the figure of the intermediary between the employer and Indigenous migrant workers (enganchador). Intermediaries may be involved in abusive practices, such as withholding identification documents, labour exploitation and forced labour.

11. Political 

Average Score: 5

Indigenous people(s) | Score: 6

Afro-descendant communities | Score: 5

Migrant communities | Score: 4

Afro-Mexicans constitute two percent of the population and Indigenous Mexicans 12 percent, but both groups are underrepresented in the legislature. In 2017, INE reissued an electoral reform to make the registration of Indigenous candidates mandatory in 13 electoral districts with 60 percent or more Indigenous population. Complementing this agreement, to avoid the simulation of compliance with this ordinance the Electoral Tribunal of the Federal Judiciary issued a provision obligating parties to register only those candidates whose self-ascription as Indigenous is endorsed by a competent community authority. In 2020, the INE’s General Council increased the number of electoral districts in which parties or coalitions must nominate people who can prove their Indigenous affiliation from 13 to 21. Thanks to this measure, the number of Indigenous constituency deputies in the National Congress rose to 30, although there is evidence that some candidates falsified their proof of their Indigeneity.

The recognition of Afro-descendants has been much more recent. Legal recognition occurred first through state-level constitutional reforms (in Oaxaca in 2013, Guerrero in 2014, and in Veracruz and Mexico City in 2017) and then in the national Constitution in 2019. Affirmative actions for Afro-descendant representation and participation in electoral politics are very recent. In 2020, the INE mandated for the first time that 1 percent of the candidacies for the 300 national districts must be Afro-descendant (3 candidates of the 300 that each political party fielded for the 2021 mid-term elections). Some analysts viewed 1 percent as insufficient, given that INEGI’s 2015 Intercensal Survey and the 2020 Census put the Afro-Mexican population at over 2 percent of the national total.

Most political parties are reluctant to include Indigenous and Afro-descendant candidates in their slates, especially if they have no track record of party militancy.

For the 2021 elections, INE’s General Council stipulated the inclusion of Indigenous candidates in 21 districts (11 of them women), three formulas and one plurinominal candidacy of Afro Mexican communities, two formulas and one plurinominal candidacy from the LGBTQ+ community, and six formulas and two plurinominal candidacies for people with disabilities. In addition, the stipulation of gender parity meant that, for the first time ever, 250 of the 500 legislative seats were occupied by women. Nevertheless, some parties showed little meaningful commitment to substantive affirmative action. There were many reports of candidates falsely presenting themselves as part of an Indigenous community or claiming to have a disability only because they use reading glasses or take medication for hypertension. For instance, in order to meet gender parity requirements, 18 candidates from the Force for Mexico party in Tlaxcala state registered as trans women, despite having a public background as cisgender men.

Most political parties are reluctant to include Indigenous and Afro-descendant candidates in their slates, especially if they have no track record of party militancy: only eight Indigenous deputies were elected between 1991 and 2012. In 2003, the 300 federal uninominal districts were redistricted in such a way that 28 Indigenous districts were created in localities with 40 percent or more of Indigenous population. Yet, this failed to improve Indigenous representation, in part because there was no obligation for political parties to nominate Indigenous candidates. Since the reform of Oaxaca’s Constitution in 1995, a national trend has emerged towards Indigenous regions selecting their municipal representatives through their own forms of law (usos y costumbres), and in recent years, this has been increasingly endorsed by the Electoral Tribunal of the Federal Judiciary. However, this recognition affects only a small percentage of the country’s Indigenous peoples and does not guarantee that political parties will not continue to try and influence community politics.

12. Economic

Average Score: 3

Indigenous people(s) | Score: 3

Afro-descendant communities | Score: 4

Migrant communities | Score: 2

This section seeks to reflect the most important trends in the economic sphere that refer to Indigenous, Afro-descendant and migrant peoples. The Indigenous population (23.2 million) lives in all states of the republic. According to CONEVAL’s 2019 report on Indigenous poverty, 71.9 percent of the Indigenous population has an income below the poverty line. In small rural localities and municipalities of 2,500 inhabitants or less, which are densely populated by Indigenous language speakers in the states of Guerrero, Oaxaca, Chiapas, Puebla, Veracruz, San Luis Potosí, Durango and the State of Mexico, extreme poverty rates soar to 78.7 percent. According to a study conducted by Oxfam and based on the CONEVAL data, while 38 percent of Indigenous language speakers live in extreme poverty, the percentage of the total population living in extreme poverty is less than 10 percent. This means that the extreme poverty rate for Indigenous language speakers is almost four times as high as the rate for the general population. Indigenous poverty is a consequence of historical, structural and social discrimination; labour exploitation; and chronically low wages. The rural Indigenous population is mainly engaged in production and service activities, including agricultural work for self-subsistence and as agro-industrial workers; forestry activities; artisanal fishing; handicraft production; and work in the construction industry, transportation and tourism. In addition, a significant number of Indigenous professionals work in rural education in multi-grade primary schools and in teacher-training colleges for secondary education.

Indigenous poverty is a consequence of historical, structural and social discrimination; labour exploitation; and chronically low wages.

For more than four decades, small-scale rural agriculture has suffered a process of decapitalization due to the liberalization of the agricultural market. Market liberalization and government support have benefitted agro-industrial companies and have negatively affected peasant agriculture and rural family subsistence. Rural Indigenous families must supplement their incomes by migrating to work as temporary agricultural workers in other states of the country, primarily Chihuahua, Zacatecas, Sinaloa, Michoácan and Baja California. For example, the mountain region of Guerrero expels some 15,000 temporary agricultural workers, including adults, women and children (amongst that number is over 5,000 children between the ages of 1 and 12 years old). According to research by FUNDAR, 8.5 million people (including entire families) work to produce food for national and export consumption, most working in the fields without a formal contract, social security or labour benefits, and often for below the rural minimum wage of $160 MXN pesos per day.

Another important trend relates to Indigenous and rural migration to the US. In states such as Oaxaca and Zacatecas, male migration to the North has affected the socio¬–demographic composition of families, turning many rural localities into places inhabited by women, the elderly and children. Within families, male agricultural production activities have been substituted by petty commerce, services and handicraft production carried out mostly by women. Unequal access to paid employment is heavily based on gender roles: over a third of women between the ages of 15 and 59 in Mexico are engaged in unpaid work at home (36.4 percent). This situation is even more common among women who speak an Indigenous language (46.4 percent) and who are Indigenous (39.8 percent). Women shoulder the burden of family care and household economic management. Recent ethnographic studies indicate that government resources to the countryside are no longer channeled to productive projects but rather to scholarships and numerous assistance programs. The 2020 Census confirms a gradual reduction of the agricultural sector from 15.8 percent of the gross domestic product in 2006 to 10.7 percent in 2020. On the other hand, the service sector increased from 53.4 percent in 2006 to 63.1 percent in 2020.

The economic inequality suffered by Indigenous peoples is compounded by different forms of territorial dispossession, extractive investment, and forced displacement that undermine their communities and their material basis of subsistence. Investment in productive projects and concessions from extractive companies (e.g., mining, forestry, agro-industrial and wind energy) are mostly carried out without processes that meet international standards of free, prior and informed consent. The presence of extractive projects often involves harassment and violence against locals who attempt to oppose them, causing forced displacement of families and the selective assassination of leaders. According to data from the CMDPDH, between 2020 and 2021, the number of people displaced by violence in the country quadrupled from 9,740 to 44,869.

For Indigenous and Afro-descendant populations, full equality and equal access to resources and respect for their human rights is not a reality.

Official sources of information on the Afro-descendant population regarding human development indices, poverty and employment are extremely recent. The 2020 Census registered some 2.5 million Afro-descendants, with data collection instruments that improved on those used in the 2015 Intercensal Survey. Data on the economic activities of this population is still being collected by INEGI, but the CONAPRED-INEGI 2017 Sociodemographic Data on the Afro descendant Population in Mexico publication (Datos Sociodemograficos de la población afrodescendiente en Mexico) detailed socio–economic indicators and productive profiles of the Afro-descendant population in municipalities and localities where they constituted 10 percent or more of the total—some 100 municipalities located in five states: Oaxaca, Guerrero, Veracruz, the State of México and Baja California Sur. Within these localities the Afro-descendant population is concentrated in agricultural, livestock, forestry, hunting and fishing activities. The proportion of Afro-descendants earning more than three times the minimum wage is half that of the national percentage (15.2 versus 30.4 percent, respectively). Organizations defending the labour rights of Afro-Mexican and Indigenous women in domestic and cleaning services focus on the migratory flows of women to tourist areas to work in cleaning and food preparation. These tertiary sector jobs were strongly and negatively affected by the COVID-19 pandemic.

For Indigenous and Afro-descendant populations, full equality and equal access to resources and respect for their human rights is not a reality. Racial and ethnic discrimination and spatial segregation play an important role in denying resources, opportunities and access to the enjoyment of a dignified life free of violence. Access to health, education, free transit, healthy recreation, decent work, an unpolluted environment and social peace is not available to everyone. Indigenous and Afro-Mexicans are, in effect, second-class citizens.

Central American and Mexican migrants attempting to enter the US face numerous obstacles. In addition to US immigration policies aimed at blocking and discouraging asylum applications, migrant transit has become a lucrative business for organized crime. As a result, undocumented migrants face high economic costs and very severe humanitarian risks. Seven-out-of-ten migrants paid an average of $10,000 to reach the US. The cost can vary from $4,500 to $15,000 USD. Migrants who cannot afford to pay higher costs have to run greater risks along the way. According to the UN Office on Drugs and Crime, 90 percent of the migration coming from Mexico is through irregular crossings facilitated by smugglers and drug cartels. Some 56.6 percent of the smugglers’ profits come from Central American families, revealing the great economic and social cost to undocumented migrants for their decision to reach the US by land and the immense profitability of this illegal business. Applicants for refugee status in Mexico must remain in the entity where they are processing their petition. This is generally at the COMAR headquarters in Tapachula, Chiapas, where they wait for several months with no possibility of moving to another place with more job opportunities. People from Belize and Guatemala can apply for a Border Worker Visitor Card (Tarjeta Migratoria de Trabajador Fronterizo, TVTF), but they often do not do so due to lack of information and the costs involved. For nationals of El Salvador and Honduras, who cannot apply for the TVTF, it is even more difficult to enter the Mexican labour market.

13. Social 

Average Score: 4

Indigenous people(s) | Score: 5

Afro-descendant communities | Score: 5

Migrant communities | Score: 2

Social inequalities intersect in context-specific ways, giving a differentiated account of the experience of poverty and discrimination of Indigenous, Afro-descendant and migrant populations. More data on social indicators exists for Indigenous peoples than for Afro-descendants or migrants.

In 2002, CONEVAL developed a methodology to measure poverty in the country, dedicating a special section to the Indigenous experience of socio–economic deprivation with reference to the national average by combining the following factors: current per capita income, educational indicators, access to health services, access to social security, housing quality and access to basic services in housing, access to food and the degree of accessibility to paved roads. These factors combined indicate that seven-out-of-every-ten Indigenous language speakers live in poverty. Those who live in small towns (2,500 inhabitants or less) in remote areas where there is a lack of communication, transportation, roads, medical centres and schools suffer the greatest material and social deprivation, with 78 percent living in extreme poverty. Poverty and extreme poverty are a direct consequence of government failure to meet infrastructure and service requirements for this population.

The high rates of maternal and infant mortality in states with significant Indigenous populations, such as Oaxaca, Guerrero and Chiapas, are symptomatic of the state’s neglect of this population. In addition to the discriminatory and racist treatment that Indigenous women receive in hospitals and health centres, in the 100 most marginalized municipalities of the country, which have a predominantly Indigenous population, the risk of maternal death is three times higher than in the rest of the country. In municipalities with 70 percent or more Indigenous language speakers, maternal death rates stand at 85 per 100,000 births, compared to a rate of 37.1 per 100,000 births in municipalities with less than 40 percent Indigenous speakers. Faced with such indicators, in 2013, INPI implemented a special program for maternal and child health care in Indigenous areas called Indigenous Women’s Houses (Casas de Mujeres Indígenas, CAMI). The CAMIs have transformed into state-funded civil organizations run by Indigenous women who attend to the maternal health and violence prevention needs of women of the same ethnolinguistic origin, aiming to guarantee them support in their own language. There are currently over 30 CAMIs in different states of the country. Each defines its mode of organization and operation, but they share a commitment to Indigenous women’s rights.

The Afro-descendant population in the Costa Chica region of Guerrero and Oaxaca has high fertility rates, high illiteracy rates in the adult population and high rates of internal migration to gain access to education.

The Afro-descendant population in the Costa Chica region of Guerrero and Oaxaca has high fertility rates, high illiteracy rates in the adult population and high rates of internal migration to gain access to education. According to data collected by CONAPRED, CNDH and INEGI, in the 100 municipalities where Afro-descendant peoples and communities represent at least 10 percent of the population, about one-in-six Afro-descendant people (15.7 percent) is illiterate; that is almost three times the rate at the national level (5.5 percent). Illiteracy among the elderly increases with age and is always higher among women: among the population aged 60 to 74, it reaches 18.9 percent in women compared to 12 percent in men; in the population aged 75 and over, it reaches 32.2 percent in women compared to 23.9 percent in men.

In Mexico City, some 160,440 people recognize themselves as Afro-Mexicans. According to the 2022 ENADIS survey, 35.6 percent of Afro-Mexicans aged 12 and older have experienced some type of racial, labour or sexual orientation discrimination. Gender inequality is even more pronounced among the Afro-descendant population, since 70.3 percent of women perform household chores, while only 8.5 percent of men participate in this type of activity. Similarly, only 15.1 percent of Afro-descendant women study, compared to 34.8 percent of men. Also, 32.8 percent of Afro-descendant women reported having suffered some act of discrimination and do not have access to basic rights, such as education, health or work.

Data on the social indicators of the migrant population is scant. Between January and September 2022, 12,247 accompanied and 825 unaccompanied migrant children and adolescents requested refugee status. Most of these children enter the country without a visa and must wait for months in processing centres (mainly in Tapachula, Chiapas) for their documents to be regularized. The Danish Refugee Council conducts regular surveys of migrants in Tapachula, asking about access to work, housing and services. Seventy-five percent of the 438 families they surveyed for their January 2022 report said no one in their family had worked in the past three months. Eighty-one percent said their children were not enrolled in schools, as they did not intend to stay in Tapachula. Approximately half said they could not afford to buy medicines, and 40 percent said they did not know how to access medical treatment. Although, in theory, COMAR provides a temporary national ID number for asylum seekers to access public health services and work, about 70 percent of those surveyed said they did not have one.

14. Cultural

Average Score: 3.5

Indigenous people(s) | Score: 4

Afro-descendant communities | Score: 4

Migrant communities | Score: 3

Structural forms of discrimination and cultural intolerance force Indigenous communities to adopt the cultural expressions and practices of the hegemonic culture. According to the ENADIS survey in 2017, the Indigenous population aged 12 and over reported feeling a lack of respect for their traditions, uses and customs (9.9 percent); being discriminated against for the way they dress (32.7 percent); for the way they speak (35.9 percent); and their religious beliefs (38.9 percent), as well as for their Indigenous identity (40.3 percent). The culture of contemporary Indigenous peoples is composed of many elements, some visible and others less so. Many Indigenous cultural products, such as handicrafts or textiles, are commonly commercialized by non-Indigenous third parties who often fail to pay fair prices to the artisans. In addition, Indigenous designs in textiles and handicrafts have been stolen by foreign commercial brands. For example, the Mixe people of the community of Santa María Tlahuitoltepec, Oaxaca, brought a successful legal action against the French fashion designer Isabel Marant for unauthorized reproduction of their traditional textile designs. The Secretariat of Culture and INPI have supported denunciations made by artisan collectives of intellectual property theft.

Another important element in the fight against cultural discrimination is the political, educational and pedagogical work carried out by researchers and promoters of Indigenous linguistic diversity who are fighting the disappearance of Indigenous languages. Indigenous languages disappear because of systematic violence and discrimination against Indigenous peoples. First, the Mexican educational system is monolingual and insists on the adoption of Spanish as the lingua franca in all learning spaces. Second, state officials and employees in rural areas do not speak Indigenous languages, leading to multiple forms of discrimination against the Indigenous population. Third, the general population lacks a positive perception of the value of Indigenous languages. Writers, poets and advocates of linguistic rights make huge efforts to raise critical awareness of this discrimination and promote language teaching.

Afro-descendants remain socially invisible, outside the national Mexican imaginary, although this is beginning to change. The government of López Obrador has championed important initiatives such as the reform of the national Constitution that reinforces the recognition of the Afro-Mexican population and the celebration of important historical anniversaries of national leaders Vicente Guerrero and José María Morelos y Pavón, both of whom were Afro-descendants. In 2016, Mexico City was declared a site of memory of slavery in the colonial period of New Spain, with the hope that this could facilitate research and education about the contribution of Afro-descendants to Mexico’s cultural heritage and social life. The historical lack of legal recognition of Afro-Mexican people meant that these communities’ historical contributions were ignored by state institutions and the population in general, contributing to prejudices and discriminatory behaviour.

Undocumented migrants have suffered xenophobia and discrimination from the Mexican population, especially Central Americans, non-Western and non-white foreigners.

More than a culturally and linguistically differentiated ethnic group, Afro-descendant communities and Afro-Mexican city dwellers suffer discrimination based on physical appearance (skin tone, hair, corporeality) which contributes to their daily experience of racial hierarchy. Together with the racialization and discrimination of Black people, Afro men and women are often hypersexualized. The hyper-sexualization of Afro women often undermines the search for justice for victims of femicide, a concern that Afro-Mexican organizations, such as MUAFRO and AfroCaracolas, have repeatedly underscored.

Undocumented migrants have suffered xenophobia and discrimination from the Mexican population, especially Central Americans, non-Western and non-white foreigners. Mexican xenophobia manifests itself in different ways but is mostly felt through intolerance of the presence of migrants in border regions, where the state allocates resources to provide them with emergency health care, food and shelter. Social networks also contribute to intolerance and racism against the migrant population seeking refuge and/or assistance in their transit to the US.

15. Access to Justice

Average Score: 3.5

Indigenous people(s) | Score: 4

Afro-descendant communities | Score: 4

Migrant communities | Score: 3

Lack of access to justice has created a structurally embedded situation of impunity in Mexico. People seeking truth and justice are subject to threats, harassment, murder and disappearances. Many fail to report these violations to the authorities for fear of reprisals, generating a serious problem of underreporting in the official figures. Barriers in access to justice and the ineffectiveness of the justice system constitute urgent challenges.

Discrimination against Indigenous language speakers plays a central role in the state justice system where judicial operators do not speak the language of the accused or victims. This language barrier violates the human right to be judged in one’s own language. To guarantee effective access to justice and equality under the law, it is vital that Indigenous peoples have access to interpreters and legal counsel that understand their language and culture during all hearings and procedures, yet this is still not fully guaranteed. In 2018, fewer than 2,000 interpreters were accredited by the National Institute for Indigenous Languages in all of Mexico. Additionally, according to the most recent report of the Special Rapporteur on the Rights of Indigenous Peoples, following her 2018 visit to Mexico, there are only 25 bilingual public defenders in the country.

Not one local court has accessibility mechanisms in place to guarantee that Indigenous peoples can understand and read their rulings or that their rulings reach Indigenous communities.

The lack of translators and public defenders makes Indigenous women victims of violence, in particular, more vulnerable to institutional violence. This is expressed in actions and omissions such as extended waiting periods, denying these women access to public justice services and forcing them to testify in Spanish, all of which eventually leads to them being held responsible for the violence that has victimized them.

The organization EQUIS: Justice for Women (EQUIS: Justicia para las Mujeres) found that not one local court has accessibility mechanisms in place to guarantee that Indigenous peoples can understand and read their rulings or that their rulings reach Indigenous communities. Access to court rulings is necessary to detect and address racial and gender discrimination in access to justice. By contrast, Oaxaca state provides an example of best practice in Indigenous access to justice. The state’s highest court has a chamber of Indigenous justice which has collaboratively developed guidelines together with CSOs to guide judicial personnel to provide justice via an intercultural approach, respecting legal pluralism and linguistic diversity.

An important dimension of institutional racism operates in the case of Indigenous women who are criminalized because of punitive and anti-drug trafficking legislation. Several recent studies on the female population in prisons indicate that the main charge against incarcerated Indigenous women is for crimes against health, that is, for being involved in small-scale drug sales (narcomenudeo), crimes committed often due to poverty and lack of income-generating opportunities for Indigenous women. Those women imprisoned for health offenses and drug possession are the tip of the iceberg of a social problem that needs to be addressed through means other than coercive and punitive measures.

As previously mentioned, sentences issued by the IACtHR against the Mexican State since 2004 have allowed victims to obtain some measure of justice and reparation. Likewise, the sentences have motivated discussion and change at the national level in matters related to political rights, sexual violence against women, military jurisdiction and the participation of the army in citizen security.

Afro-descendant communities suffer racial injustice because of discrimination against their physical phenotype. This discrimination is expressed especially in public spaces when they use public transit and/or seek work or services. Spatial discrimination against Afro-descendant Mexicans and Afro-descendant people in general has gone unnoticed for a long time. There is an increasing awareness of this type of discriminatory practice that has been documented in films (such as La Negrada, directed by Jorge Pérez Solano). Afro-Mexicans can give plenty of testimonies about routine harassment by immigration authorities when they travel outside their communities.

Prejudice and anti-Black racism in Mexican society is arguably worse against people that are suspected to be in transit. Afro-Mexicans are often mistaken for migrants and detained, especially on public transportation routes used to travel to the north of the country. Anti-Black racism and anti-migrant discrimination is clearly intertwined in cases in which there is open discrimination against Afro-descendant communities in transit through Mexico. International NGOs have recently documented the traumatic experiences that migrants from Africa and Central America must endure in their journey through Mexico.

Prejudice and anti-black racism in Mexican society is arguably worse against people that are suspected to be in transit.

According to reports by CSOs, the number of kidnappings, forced disappearances and other types of false imprisonment of migrants remains high in Mexico. Organized criminal groups are often in collusion with government authorities. Impunity for crimes against migrants in Mexico is at alarming levels. According to official figures for the 2014–16 period, out of the 5,824 crimes against migrants reported in the states of Chiapas, Oaxaca, Tabasco, Sonora, Coahuila and at the federal level, there is evidence of only 49 sentences, leaving 99 percent of the cases and the perpetrators to continue with seeming impunity.

Mexico has drastically increased its capacity to detain and deport migrants, but it has not given the same priority to, nor treated with the same urgency, the need to develop mechanisms for investigating crimes committed against them. Reporting crimes is difficult, and effective procedures to allow migrants to denounce abuses while being held at migrant detention centres are also lacking. Many state officials in Mexico show a clear lack of will to investigate crimes committed against migrants. Authorities commonly justify the lack of results saying that if victims do not stay in the country, investigations cannot move forward. However, authorities do not adequately use the two main mechanisms available for investigating these cases: the production of evidence prior to a trial (pruebas anticipadas) and the regularization of the migration status of migrants who are victims of or witnesses to crimes.

The migrant population suffers a great deal of harassment and vulnerability as they pass through Mexico. They are extorted during their transit through the country, either by the people who offer them the service of irregular crossing from border to border, or by other actors (criminals and state officials) who intercept them on their way. Extortion, trafficking and murder are the risks that migrant women, children and minors may suffer along migratory routes. Many Central American youths disappear in the country; in some cases, their mothers come to Mexico to look for them and demand justice. The scenarios are dramatic, as in the case of the Cadereyta Jiménez Massacre that occurred in May 2012, where the torsos of 49 people (43 men and six women) were found at Kilometer 47 of the Monterrey-Reynosa highway, near Cadereyta, in the state of Nuevo Léon. To date, only 17 of the victims have been identified, nine of whom were Honduran migrants trying to reach the US. The case has been plagued by anomalies and poor investigation procedures, including the disappearance of the original investigation file. Organizations defending the migrants’ families have sought to vindicate the memory of the victims, who were depicted by the Mexican press as part of the “settling of scores” between criminal groups.

16. Intergroup Violence

Average Score: 4.5

Indigenous people(s) | Score: 5

Afro-descendant communities | Score: 5

Migrant communities | Score: 4

This descriptor has to do with local disputes and conflicts between communities, such as land disputes, as well as with criminal violence and organized crime. This violence is manifested in the ways the wealthy classes defend their property, sometimes by financing vigilantism and private security. Class prejudice against the lower classes manifests itself in the assumption that they are violent and criminal, as poverty is seen as a breeding ground for violence.

Poverty is racialized in Mexico: Indigenous and Afro-descendant communities are singled out for their skin colour and ways of life. Wealth is enclosed by fences and security systems, and luxury and entertainment spaces are jealously guarded. Spatial segregation is real in both large and small cities. The physical geographic isolation of poor areas in rural areas is also the rule.

Municipal capitals governed by mestizo authorities and economic elites who control state resources systematically marginalize the rural areas inhabited by Indigenous peoples. These spatial differences in the management of resources and power pass through the networks of influence of political parties. In the municipal universe, groups compete for the management of resources and political power. These disputes can occur not only at the time of elections but also in the routine management of federal resources. In addition, the ongoing violence and displacement in Southern Mexico because of territorial conflicts disproportionally affects Indigenous communities. This includes the violence and displacement faced by families in 22 communities identified in the municipalities of Chalchihuitán, Chenalhó and Aldama in Chiapas.

The problem of organized crime and criminal groups linked to drug cartels in rural areas affects rural communities, some of whom may be producers of illicit crops. The presence of organized criminal groups on the roads as well as the control of the mobility of the inhabitants means that Indigenous youth are harassed and recruited by criminal groups, damaging community cohesion. Women also suffer sexual harassment and violence. By contrast, some Indigenous communities have organized themselves in attempts to provide justice and security and to defend their territories against both organized crime and extractivism. Paradigmatic cases of such community self-defense initiatives include the Purépecha community of Cherán in Michoacán state and the community police in the mountain region of Guerrero.

The 2017 ENADIS survey and the Global Centre for Pluralism’s 2022 Pluralism Perceptions Survey, reveal that discrimination against Afro-Mexicans occurs at the micro-level but constitutes a significant proportion of the racial violence that occurs in Mexico. Afro-Mexicans are disproportionately singled out as undesirable for specialized jobs, customer service or rental housing. The physical appearance of Afro peoples (skin colour, hair) is subject to derision and jokes. Mexican families rarely encourage or accept interracial marriages. Between 2012 and June 2018, CONAPRED identified 29 cases as alleged acts of discrimination toward Afro-descendants. Of these, 24 complaints were against individuals, and five were claims against public officials. The low rate of complaints about discriminatory acts suggests the normalized exclusion of this sector.

Afro-Mexicans are disproportionately singled out as undesirable for specialized jobs, customer service or rental housing.

Between September 2018 and February 2023, at least 2,155 incidents of violence and discrimination committed against LGBTQ+ people were reported including 307 murders and disappearances reportedly motivated by prejudice, with a worrying number of cases that, based on the existence of preliminary evidence and the context in which they were committed, could qualify as murders due to prejudice against the gender identities and expressions of trans women, or transfemicides.

People in the context of mobility in transit through Mexico also face a situation of extreme violence. For instance, in January 2021, 19 burned bodies of people from Central America were discovered in Camargo, Tamaulipas. In this context, the National Human Rights Institutions of El Salvador, Guatemala, Honduras and Mexico and the Offices of the UNCHR of Guatemala, Honduras and Mexico pointed out that 10 years after the discovery of the clandestine graves in San Fernando, Tamaulipas, the risks faced by migrants in transit has not improved. The migrant community is also particularly affected by strong xenophobic, classist and discriminatory attitudes. The presence of migrant collectives in small cities has a significant impact on their social composition, causing stress and concern about limited resources, the occupation of space and the circulation of economies that support the migrants’ needs. Extreme violence, such as harassment, trafficking, robbery, disappearance and forced recruitment are examples of how some sectors of Mexican society persecute these communities as objects of criminal enrichment.

17. Intergroup Trust

Average Score: 3.5

Indigenous people(s) | Score: 4

Afro-descendant communities | Score: 3

Migrant communities | Score: 3

Within Mexican society, Indigenous identity has been used for purposes of constructing national imaginaries. While it is pointed to as a source of national pride, the exaltation of Mexican Indigeneity within nation-building narratives does not necessarily reflect fairer and more inclusive practices. Indigenous identity has been mythologized and commodified, at the same time as Indigenous peoples are subject to class and race discrimination and state neglect. Indeed, some of the most deeply rooted prejudices in Mexico have to do with the Indigenous population: almost four-out-of-every-10 inhabitants in Mexico (34 percent) believe that “the poverty of Indigenous peoples is due to their culture,” and 39 percent say that “poor people make little effort to get out of poverty.”

Afro-descendant peoples, communities and individuals are also subject to numerous prejudices and discriminatory attitudes. The 2018 National Survey on Discrimination conducted by CONAPRED revealed that a large part of the population in Mexico even reject the idea that there is an Afro-Mexican population in the country. According to the National Survey on Discrimination, almost a quarter of the population (21.4 percent of women and 24 percent of men) would be unwilling to rent a room to a person of African descent. Likewise, three-out-of-ten people (31.2 percent of women and 32.1 percent of men) would be displeased if a person of African descent were elected to the presidency of the republic.

Last, the results of the Centre’s 2022 Pluralism Perceptions Survey, which surveyed 1,000 Mexican respondents (coming from various regions of the country, mostly Catholics, married or in free union and with university education) show significant levels of distrust toward the migrant (immigrant) population: 14 percent do not trust them at all and 22 percent only partially. The 2017 ENADIS survey indicated that 80 percent of those surveyed believed migrants should not “practice traditions or customs different from Mexican ones.”

18. Trust in Institutions

Average Score: 2.5

Indigenous people(s) | Score: 3

Afro-descendant communities | Score: 3

Migrant communities | Score: 2

Trust in institutions by Indigenous, Afro-descendant and migrant populations is low and is in direct relation to the violence and discrimination they suffer. The National Survey on Discrimination revealed that a quarter of Afro-descendant people (26.9 percent) reported they had been denied at least one right in the last five years. Interviews conducted by EQUIS with 160 Mayan women from five municipalities in the state of Yucatán as part of the “Mayan Promoters of Justice” (Red de Promotoras Mayas de Justicia) project pointed to the widespread perception that information on individual human rights is scarce and hard to access in Indigenous communities, particularly when it comes to access to justice for women. Of the 160 women interviewed, for example, none were aware that they could seek support from the Women’s Justice Centers or the Public Defender’s Office when they experience violence, and just one woman was familiar with the judiciary and its functions.

Low trust in state institutions also reflects trends amongst the majority population: the Centre’s 2022 Pluralism Perceptions Survey of 1,000 Mexicans (coming from various regions of the country, mostly Catholics, married or in a union and with university education) revealed significant levels of distrust towards the security authorities/police (59 percent) and the justice system (49 percent). People doubted they would receive protection or support in obtaining justice, with women less optimistic than men. By contrast, the health sector enjoys 25 percent full trust and 35 percent partial trust, giving a 60 percent positive approval rating, which contrasts with 37 percent disapproval.

The “Mayan Promoters of Justice” project pointed to the widespread perception that information on individual human rights is scarce and hard to access in Indigenous communities, particularly when it comes to access to justice for women.

Migrant communities trust their own support networks first and foremost, and they are suspicious of state authorities, who often target them for extortion and other forms of violence. For example, according to reports from CSOs, on June 15, 2021, a group of individuals detained at the Siglo XXI Migration Station were taken to the courtyard, beaten and forced to lie face up with their hands on the back of their necks, a position they had to stay in from around 2 p.m. to midnight. In addition, the state authorities forbade them from closing their eyes, threatening to beat anyone who did so. According to information reported by the IACHR, the CSOs requested state protection for those individuals, which was not granted.

19. Inclusion and Acceptance

Average Score: 2.5

Indigenous people(s) | Score: 3

Afro-descendant communities | Score: 3

Migrant communities | Score: 2

The results of the Centre’s 2022 Pluralism Perceptions Survey shows a relatively positive identification of respondents with Mexico as a nation, which is possibly related to the socio–demographic makeup of the sample (1,000 respondents). Overall, Mexicans (men and women, mestizos and Indigenous) have a sense of belonging to the Mexican nation. The idea of an inclusive nation was promoted by the ideologues of the Mexican Revolution and Indigenist anthropology. Yet other trends and findings presented in this report show that Indigenous peoples belong to a nation that violates their right to speak their language, to live according to their culture and to defend their territory, and that they have low levels of trust in state institutions.

Indigenous intellectuals have insisted on the ethnocide that the educational system generates through its Hispanicization of the Indigenous student population. Racism kills languages and discriminates against the speaking communities. In 1810, 65 percent of the population spoke an Indigenous language, compared to only 6 percent today. The organized Indigenous movement, including the National Indigenous Council, the Zapatistas and the National Coordinating Committee of Indigenous Women (Coordinadora Nacional de Mujeres Indígenas, CONAMI), advocate the political inclusion of Indigenous peoples within the Mexican nation. They seek the recognition of their collective rights as Indigenous peoples and that dignity be accorded to their communities and cultures.

Trends and findings presented in this report show that Indigenous peoples belong to a nation that violates their right to speak their language, to live according to their culture and to defend their territory.

Afro-Mexican communities, long excluded from the nationalist narrative, are similarly seeking recognition and dignity.

In the case of migrants, inclusion occurs within the communities that receive them. Migrants who are passing through the country on their way to the US have a different experience than those who decide to seek refuge and settle in Mexico, a tendency that is increasing. The challenges for inclusion are great, especially for Haitians and other groups who are not Spanish-speaking or white. Of the more than 126 million people living in Mexico, migrants barely exceed 1.2 million; despite this, almost a quarter of the population believes that “when there is unemployment, foreigners should be denied work,” according to the National Survey on Discrimination.

20. Shared Sense of Ownership

Average Score: 4

Indigenous people(s) | Score: 5

Afro-descendant communities | Score: 4

Migrant communities | Score: 3

Indigenous peoples, Afro-Mexicans and migrants suffer high levels of structural exclusion and different kinds of physical and symbolic violence, impeding a greater sense of shared ownership of society.

To expand on the above statement, it is important to highlight the paradoxical mismatch between reforms to constitutional law inspired by pluralistic and multicultural perspectives (2011) and the harsh economic and social realities of Mexico. The entities of the López Obrador administration and legislative initiatives have been assertive in showing positive advances in the recognition and enhancement of the cultural and linguistic diversity of Indigenous Peoples through the implementation of state programs aimed at facilitating general knowledge of the cultural richness in the diversity of Indigenous languages. However, in everyday social interactions and at the very core of the practices of state institutions (particularly in areas such as justice, health services and education) racist and discriminatory treatment is routine and systemic.

In everyday social interactions and at the very core of the practices of state institutions, racist and discriminatory treatment is routine and systemic.

For example, arbitrary detentions are performed by police forces against individuals of rural and Indigenous communities with the purpose of extortion, forcing family members of detainees to search through their resources to pay the ransom. Legal proceedings are also conducted in Spanish, without the precaution of translating the content or implications of the legal procedures into Indigenous languages. In the best of cases, when a professional Indigenous language translator is present, their services are not remunerated financially.

Indigenous language advocates such as Yásnaya Aguilar have argued emphatically against the constant violation of the linguistic rights of Indigenous speakers, imposing the Spanish language through micro and macro power dynamics. Indigenous languages are not abstract entities that exist in a vacuum, but communication systems spoken by real people who are subject to discrimination, displacement and dispossession.

Across the country, Indigenous Peoples are organizing themselves – both in rural and urban areas – to defend their rights to self-determination and autonomy. In this sense, it can be argued that Indigenous peoples of Mexico see themselves as part of the Mexican nation, even though are not treated fairly and equally. In some ways, they recognize the Mexican state as a sovereign power with the capacity – albeit not the legitimacy – to decide over laws and policies that may be beneficial to their well-being.

The Zapatistas in the Southeast of Mexico have likewise been engaged in a long-lasting struggle to attain their autonomy within their territories and communities. They have symbolically reached out to the world and the Mexican nation to engage in a political project that is respectful of all racial/ethnic differences and livelihoods. The Zapatista narrative of nationhood is more inclusive and encompassing that official Mexican nationalism.

Indigenous peoples of Mexico see themselves as part of the Mexican nation, even though are not treated fairly and equally.

It should be a matter of great concern for policymakers and traditional authorities in Indigenous territories to be reflexive about the social and economic needs of the youth. Indigenous youth is a part of the population which has been systematically excluded from community decision-making processes. Their opportunities for education and employment are likewise poor. While their parents have often migrated to earn the means for their subsistence, young people are often left alone without any or sufficient emotional support and guidance, making them easy prey for criminal organization recruiters. Indigenous youth may not feel included or considered by all types of authority figures.

Afro-Mexican communities and individuals face a similar paradox. After having gained substantive legal and social recognition of their rightful place in the history of Mexico as a nation, this population is still struggling and striving to be recognized in dignity with full entitlement and enjoyment of their collective rights. Afro-Mexican leaders from regions such as Costa Chica of Guerrero and Oaxaca are aware of the common ground and demands that they share with Indigenous peoples. In fact, they have been actively involved in similar advocacy work and struggles. At the same time, they have been actively crafting their own demands as a people whose legacy has been neglected historically and are subjected to specific forms of discrimination. A sense of pride amongst the Afro-Mexican youth is emerging due to their organizational processes, although much has yet to be accomplished. Aspirations include obtaining higher education credentials, being able to travel and acquiring more knowledge about Black heritage in other Latin America countries.

In the national imaginary, Afro-Mexicans remain underrepresented. For instance, the latest ENADIS survey showed that 51.4 percent of the Afro-descendant population aged 12 or older agreed that in Mexico, most people consider Afro-descendant individuals to be foreigners. Meanwhile, 34.5 percent agreed that most people consider Afro-descendant individuals to be “only good for” physical labour.

A sense of pride amongst the Afro-Mexican youth is emerging due to their organizational processes, although much has yet to be accomplished.

New textbooks issued by the López Obrador government’s educational authorities contain information about Afro-Mexicans’ participation in the independence movement, as well as ethnographic descriptions of where they are located today. Afro-Mexican communities, anthropologists and Afro-descendant Mexican activists have welcomed the contents and the new pedagogical approach that underpin these educational resources. Educational resources and policies have the potential to create new narratives about the Mexican nation and its peoples, helping foster an increased sense of belonging and shared sense of ownership of society across all individuals. However, conservative and right-wing attacks against these books and education resources have shown the many challenges of advancing the implementation of changes that are pluralistic, horizontal, non-heteronormative and racially inclusive.

With reference to the migrant community, this report has signaled the difficulties, barriers, and discriminatory treatment they must endure in their migratory journey through Mexico to the United States. Migratory policies aim to control migrant flows, rather than the protection of migrants.

Mexico is not a country that promotes or embraces the inclusion of newcomers, foreigners, or racial “others,” which has presented further challenges to migrants. Mexican nationalism is an ideology cemented on ideas of the preservation of an ancient cultural heritage and inward development. The integration of the Mexican economy to the global market has deepened socio-economic inequalities across the country, deepening the perception of limited resources which are thus insufficient to share with foreigners. For instance, foreigners barely represent 1 percent of the country’s population, yet the ENADIS 2017 showed that almost 25 percent of those surveyed believed that “when there is unemployment, foreigners should be denied work.” Xenophobic sentiments and discourse, along with racism are the two major ideological components contributing to Mexican hostility to migrants. Lack of empathy, as well, may partly explain the tragic events that have occurred in migrant detention centers on both borders.

Building mutual understanding between Mexican nationals and migrants is crucial to breaking through language barriers and cultural misunderstandings.

The arduous advocacy work of human rights defenders at the borders has been key in denouncing and documenting abuses that are committed with impunity. Building mutual understanding between Mexican nationals and migrants is crucial to breaking through language barriers and cultural misunderstandings, as well as to facilitate the economic insertion of migrants as agricultural workers or any other trade that fits their abilities and contributes to the local economy. Positive and mutually beneficial actions on a small scale have the power to overcome socio-cultural animosities. In addition, the work of churches, NGOs and humanitarian agencies is beneficial in the short term, although on a larger political scale, Mexican authorities must combat human rights violations committed by migration officials and reform the entire migration disciplinary system.

Active participation in decision-making is crucial for creating a sense of belonging. However, Mexico’s regulatory framework and its implementation pose significant restraints. For example, Article 33 of the Mexican Constitution forbids foreigners from interfering in the country’s political affairs and allows the Executive office to expel them immediately. Though the definition of “interference” is extremely vague, it has led to (rare) cases of foreigners being expelled for political activism. Critics of this constitutional article have pointed out that repression stemming from the discretionary use of Article 33 is also manifested symbolically, as it has a “chilling effect” against foreigners. Additionally, several constitutional articles restrict the political rights of migrants, preventing them from voting, running for office or participating in political parties or electoral processes. While migrants can engage with Mexican civil society organizations, they are not allowed to form their own migrant organizations.

Mexico’s national commitments need to be harmonized with Mexico’s human rights obligations as stated in international treaties.

In the case of Indigenous peoples, the lack of constitutional and legal recognition as collective subjects of rights able to decide on access to and use of natural resources in their territories is one of the greatest barriers to their exercise of their right to self-determination as stated in the ILO’s Indigenous and Tribal Peoples Convention (No. 169) (including free, prior and informed consent in the implementation of developmental or extractive projects).

For Afro-Mexican peoples, legal and administrative mechanisms to ensure non-discrimination should be strengthened. For both Indigenous and Afro-Mexican people, social and economic policies should aim to reduce the situation of structural discrimination affecting them and treat them as subjects and not objects of public policies.

The human rights of all migrants and asylum seekers should be guaranteed. Policies to regulate migration should respect Mexico’s international human rights commitments and avoid militarized responses to migration. The situation of migrants should also be regulated and supervised to ensure the prevention of abusive labour practices. Transparent and fair forms of labour contracting need to be ensured so that migrants can securely access work and guarantee their labour rights. The rights of migrant children and youth should be a particular priority.

Education to facilitate intercultural and interracial understanding is necessary in Mexico. The media can play an important role in mobilizing positive representations and information that favours knowledge and comprehensive understanding of the country’s social complexity and diversity. Cultural and artistic production that is respectful and sensitive to the diverse identities of all Mexicans can also play an important and positive role.

Coordinated and synergistic efforts are needed among various actors (such as government authorities, universities, the private sector and CSOs) to generate not only more targeted and effective public policies but also to mobilize information on recurrent situations of human rights violations, and to encourage greater empathy amongst the general population. Demands for justice and truth must be resolved, not only by state institutions but also by society, which must support and protect collectives of family members who are searching for their loved ones and demanding justice and reparations.