On September 1, the new Supreme Court will commence with the integration of justices whose appointment resulted from the highly controversial judicial reform and with an indigenous president of Mixtec origin, Hugo Aguilar, which in itself has raised the issue of its implications for indigenous peoples. Beyond his political statements and promises of new practices that will guarantee them access to justice in the highest body of the judiciary, it is important to address the challenge of the obviously collegial decisions that will be made in the future through the rulings they issue. Incidentally, it should be noted that the constitutional issue is much broader than that relating to indigenous peoples, and also that the Supreme Court of Justice of the Nation (SCJN), with obvious ups and downs, has resolved issues in this area over the last two decades. An interesting indicator can be found in its 2015 publication, in the context of the program surrounding the Centennial of the Political Constitution of the United Mexican States of 1917, in the book Indigenous Peoples in the 1917 Constitution: A Reassessment of the Past in the Present, which consists of academic essays from various disciplines, historians, and jurists, most of whom were invited by the SCJN.
As one of them, I participated with the text “Supreme Court of Justice and Indigenous Peoples: Trends and Challenges Facing the New Paradigm in Human Rights.”
My analysis sought to assess the constitutional legal balance of significant rulings by the Supreme Court of Justice of the Nation.
The 2011 Mexican constitutional reform of Article 1 of the Constitution favorably resolved the issue of the hierarchy of the General Constitution in matters of human rights by equating and expanding it, establishing that the interpretation of human rights norms shall be in accordance with the Constitution and with international treaties on the subject. Upon reviewing the decisions of the SCJN, we find that it has practically avoided incorporating the main international instrument in place relating to indigenous peoples, namely ILO Convention 169. Not only that, but in the evolution of its positions and approaches, it has placed an obstacle that jeopardizes this reform regarding its interpretation of the first article of the Constitution on human rights, by adding: “Understanding that when there is an explicit restriction on the exercise of fundamental rights in the federal Constitution, the constitutional norm must be followed.” This is a clear example of what should be eliminated in the new SCJN.
We already know that there is a new constitutional reform published on September 30, 2024, about which the National Institute of Indigenous Peoples has said that it already has regulatory proposals that will be consulted in forums and that are not yet formal initiatives. It should be noted that despite the changes that have been introduced, the 2001 criteria on access to the preferential use and enjoyment of natural resources “in the places inhabited and occupied by indigenous peoples” still prevail, with respect for the forms and modalities of land ownership and tenure established in the Constitution and relevant laws, as well as the rights acquired by third parties or members of the community. Will these restrictions prevail over ILO Convention 169, which regulates access to territory as a determining factor for the survival of peoples?
On the other hand, the SCJN’s lack of a position on the autonomy and self-determination of indigenous peoples has been notable.
It would be important for the Supreme Court to directly sanction the violation of the right to consultation, as it is insufficient and even incongruous, despite some progress in the rulings on the Yaquis or Cherán, that a sort of reinstatement of the procedure was decided upon, stating that the consultation should be carried out, since they were flawed from the outset and should be annulled, and consequently, the works or projects that had not been consulted on should be definitively suspended.
Today, there is a risk of state substitution in the autonomy of indigenous peoples and communities, or in other words, the continuation of integrationist guardianship by other means. It is clear that the solution does not lie solely with the judiciary, but it may be conducive to exercising real constitutional control over the decisions of the other branches of government. The central question is: how can the enforceability of peoples’ rights be achieved in contexts of economic interests, projects, and concessions that appeal to the idea of progress through national or foreign investments that lead to dispossession in the territories of indigenous peoples?
To the new Court we say: It is by your judgments you shall be known.
Original text by Magdalena Gómez published in La Jornada on August 26th, 2024.
Translation by Schools for Chiapas.
“Consecration” of Staffs of Office of the Supreme Court Justices of the Nation, is a “simulation of traditional ceremony”: Felipe Echenique
The “consecration” of staffs of office and service led by the president of the Supreme Court of Justice of the Nation (SCJN), Hugo Aguilar Ortiz, in the archaeological zone of Cuicuilco, is “an attack” on historical monuments and “a simulation of a traditional ceremony,” historian Felipe Ignacio Echenique March denounced this morning during a protest against the ceremony.
“Not all indigenous peoples use the staff of office. There are many peoples in our national territory who deserve respect, not to be objectified with a staff of office that was invented by López Obrador and that Claudia Sheinbaum has continued to use, showing no respect for the peoples,” accused the researcher from the Directorate of Historical Studies of the National Institute of Anthropology and History (INAH), referring to the ceremony organized as part of the inauguration activities for the new ministers and judges of the SCJN.
At the protest, organized by Echenique and researchers from the INAH, the historian pointed out that the SCJN ceremony also violates the agreement stating that INAH property and facilities cannot be used for purposes other than their intended purpose or nature, published in the Official Gazette of the Federation on October 31, 1977.
“How can they come today and say that they are a new power when the first thing they do is violate a 1977 presidential agreement that was achieved to ensure respect for archaeological and historical monuments and museums?” Echenique questioned on Monday morning. “We consider this an affront to the law and to the recognition of the right that all Mexicans have to be respected by those who now serve in the supposed new judicial power, that is, the judges and magistrates,” he added.
In addition to the “ritual of consecration of the staffs of office” in Cuicuilco, a “purification” ceremony was also scheduled at the SCJN facilities to swear in the new ministers at 9:30 p.m.
Original text published by Desinformémonos on September 1st, 2025.
Indigenous Peoples Present Staffs of Office to Entering Supreme Court Justices
Mexico City. At 4 p.m. sharp on Monday, the capital’s Zócalo square became the scene of an unprecedented ceremony: the presentation of staffs of office and service from the country’s indigenous and Afro-Mexican peoples to the elected justices of the Supreme Court of Justice of the Nation (SCJN). The ceremony, steeped in symbolism, took place in front of more than 1,500 attendees, with traditional music, copal smoke, and an atmosphere of solemnity.
Hugo Aguilar Ortiz, the president-elect, was the sole speaker for his colleagues, in a speech in which they assumed the role of “justices of the people,” with the clear mission of “cleaning up” the Federal Judicial Branch (PJF) of corruption and nepotism.
“We are the justices of the people, we are the justices of the people because we have fulfilled our duties and we are here by mandate of Article 39 of the federal constitution,” he said.
He also emphasized that receiving the staff of office means assuming the responsibility of speaking for those who have no voice and defending those who cannot defend themselves. He recalled that in indigenous communities, the position is not a privilege of power, but a mandate of service, trust, and protection for children, youth, adults, and the elderly. “The staff of office imposes on you the obligation to defend those who cannot defend themselves,” he said, highlighting the profound meaning of the ceremony and the commitment made to the people.
He also pointed out that the 2024 judicial reform allowed indigenous peoples to have an unprecedented presence in public life and in the Supreme Court. Without those changes, he said, it would have been unimaginable for an indigenous person to hold a position as a justice today.
He emphasized that the transformation paved the way for inclusive justice, which seeks to eradicate corruption and build a new model that is closer to the excluded. “Empowering the people liberates the people,” he said, convinced that this stage marks a historic step toward true representation and defense of indigenous peoples.
“We have a clear mandate: to clean up the judiciary of the federation and the states, to clean up the nation’s supreme court of justice. Corruption, nepotism, and dishonesty will come to an end,” he said.
The absence of the elected justice, Arístides Rodrigo Guerrero, who is recovering from a car accident on August 22, marked a significant moment in the ceremony. His staff, held by a traditional authority from Guerrero, was symbolically received by Aguilar Ortiz.
“The staff is the word, the respect, and the authority to guide with dignity,” they explained during the ritual, while asking the justices to raise their hands and turn toward the cardinal points, in gratitude to the universe and Mother Earth. Everyone participated wholeheartedly in the purification rituals, accompanied by prayers and offerings. At the end of the ceremony, the justices embraced each other individually and collectively, enveloped in the smoke of incense.
Amid applause, Lenia Batres was cheered as “the justice of the people,” and Hugo Aguilar Ortiz was repeatedly acclaimed. In a moment of great historical significance, community leaders recalled that, after 165 years, Mexico once again has an indigenous president in the Court, following Benito Juárez.
Traditional governors from different states presented the justices with the staff of office: from Oaxaca, to Hugo Aguilar Ortiz; from Sonora, to Yasmín Esquivel Mossa; from Quintana Roo, to María Estela Ríos González; from Veracruz, to Loretta Ortiz Ahlf; from Michoacán, to Giovanni Azael Figueroa Mejía; from Durango, to Irving Espinosa Betanzos; from Chiapas, to Sara Irene Herrerías Guerra; from Jalisco, to Lenia Batres Guadarrama; and from Guerrero, to Arístides Rodrigo Guerrero García.
Among the guests were federal deputies, representatives of the National Council of Indigenous and Afro-Mexican Peoples, and organizations such as the Popular Indigenous Movement of Puebla.
A video documentary about the creation of the staffs and Aguilar’s meetings with communities was screened on the Zócalo plaza. As traditional bands from Oaxaca marked the festive closing, the event went down in history as a historic chapter: the meeting between indigenous justice and the country’s highest court.
Original text by Iván Evair Saldaña, Gustavo Castillo y César Arellano published in La Jornada on September 1st, 2025.
Translated by Schools for Chiapas.