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 Editorials | Opinions | June 2007 
Civil Liberties and War in Mexico
 John Ackerman - Guardian Unlimited
| | Mexican president Felipe Calderon is instituting crackdowns that make George Bush look like a member of the ACLU. |
Like George Bush, Mexico's Felipe Calderon came into office after a bitterly contested election. And he is using the same methods to unite his people behind him. Just as President Bush's war on terror successfully boosted his support during his early years, President Calderon is now declaring war on both crime and terror.
Calderon's war promises to be even more destructive for civil liberties. In an attempt to combat narco-violence and discourage subversive activities, he has already ordered unilateral military takeovers of seven states and disarmed local police corps. The military has begun operating random checkpoints throughout the country.
He has modified the criminal code so as to facilitate the jailing of anyone who looks to "pressure the authorities". Calderon also wants to amend the constitution to allow the attorney general to conduct wiretaps, detain suspects and conduct searches without a court order.
These initiatives go far beyond those Bush has contemplated. Bush would never think of ordering the military into California, setting up roadblocks on our national highways or amending the fourth amendment ban on "unreasonable searches and seizures". But apparently things change once we move south of the border. Here, the president feels unhindered by America's constitutional principles and supports the flagrant violation of basic civil liberties.
In his recent trip to Mexico, Bush stood up and applauded Calderon's program. The US government has recently donated a $3m communications-intercept system to Mexico. The new system will boost the government's capability to intrude on personal communications, including those involving Mexicans residing in the United States.
At present, Mexico's constitution includes clear protections for individual rights. Mexico's equivalent of the fourth amendment prohibits government officials from "bothering" citizens unless they obtain a "written order which sets out the legal grounds for the procedure".
There is only one exception. The president must gain congressional consent for a state of emergency, asserting that the country is in "grave danger". But Calderon has made no effort to involve Congress. Instead, he seems bent on riding atop the "imperial presidency" constructed by his authoritarian predecessors.
Contrary to popular belief, the Mexican presidency is not a particularly strong constitutional office. Its unilateral decree powers are extremely limited when compared to the executive office in most other Latin American countries. The presidents of Brazil, Colombia and Peru, for instance, have much more unilateral authority than does Calderon. As in the US, Mexico's founding fathers carefully designed the country's institutions so as to avoid the abuse of power by the executive branch.
But throughout most of the 20th century, generations of corrupt leaders from the ruling party systematically trampled the Mexican constitution. In clear violation of the law, the presidency became de facto the centre of all decision making. Both Congress and the judiciary were ignored, leading to the erosion of the rule of law.
With the election of Vicente Fox, his National Action Party promised to change all this. But the party's second president threatens to shatter these great expectations.
Narco-violence is a very serious problem in Mexico today, causing more than 1,000 assassinations so far this year. But the ends do not always justify the means. In fact Calderon's violation of constitutional principles has made the situation worse since it sets a dangerous example of disrespect for the rule of law. The confusion created by the widespread use of the military in civilian operations has allowed narco commandos to use military dress themselves to carry out a number of recent assassinations.
Calderon should lead by example. The fundamental rights of citizens should be restricted only in times of real emergency and with full cooperation of all three branches of government. Mexico's new president should move quickly to ask for congressional approval for his draconian strategies.
If he continues on the present path, he will be leading Mexico back at least a generation in its search for democratic stability and the rule of law. |
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