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Fast Track Energy "Reform" Pushes Mexico Closer to Authoritarianism

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Pena Nieto contributed to that distortion at the recent World Economic Forum in Davos, Switzerland. His cynicism reached new heights when he told reporters with a straight face that Mexico s reforms had been accomplished due to a ""reaffirmation of our democratic mission, being a country which every day is (becoming) more democratic-- (News ESP: Radio Formula Internacional, Enrique Pena Nieto, Davos, Swizterland, January 24, 2014)

With energy "reform" now a reality, what is the Mexican left doing to turn things around?    The schism between the two largest leftist political forces (the PRD and Morena) has undermined a common strategy.   Morena .the National Regeneration Movement, is on the verge of being recognized as a political party.  It is the brain child of Lopez Obrador who split with the PRD because of its accommodation to the PRIAN.    He believes that when the PRD became a cosigner of the Pacto por Mexico (The Pact for Mexico) in collusion with the PRI and the PAN, it gave the PRIAN the green light to push through energy privatization as well as other neo-liberal "reforms".   Even though the PRD finally withdrew from that Pacto on November 27, 2013, the damage had been done. It was too late for the privatization momentum to be rever

The PRD has revealed that it will conduct a national consultation on this issue with or without the permission of congress. Articles 35 and 39 of the 1917 Constitution give the PRD the authorization to do so.    This was in response to a statement issued by the PRI senate leadership affirming that such a consultation will not be allowed. (La Jornada, January 25, 2014, p.12)

The PT (Workers Party) has filed a petition to the Supreme Court for an injunction (amparo) to halt the implementation of the energy "reform" due to "the violations and grave irregularities" committed during the passage of this "reform" putting "Mexican sovereignty and independence at risk".   Manuel Bartlett, the PT leader in the senate, proclaimed that the reform's approval was "scandalous and shameful". (La Jornada, Ibid. p13.)

Lopez Obrador, recovered from his recent heart attack, is once again making fiery speeches against energy "reform".   He and several of his followers filed a law suit with the office of the Mexican Attorney General (Procuraduria General) against Pena Nieto for   being a "traitor" to his country.   Although Lopez Obrador admitted that he knew that no action would be taken on the suit, he felt that he owed it to the Mexican people to file the suit symbolically. (La Jornada, February 6, 2014, p.3)

Many others in opposition, however, have given up on political parties to reverse the "reforms".   As those parties squabble among themselves, concerned citizens have started looking for creative ways to accomplish this objective without party involvement.   On January 15, 2014, 23 former winners of science and arts awards filed an injunction (amparo) with the Supreme Court to halt energy "reform" implementation. Their justification for doing so was based upon the "unconstitutionality" of the process utilized to gain congressional approval.    Their petition to the Supreme Court states that this process "damaged society" and forced Mexico to retreat to the dangerous times of authoritarianism   They used a 2008 case in the State of Colima as a precedent when the Supreme Court invalidated several legislative decrees because of its failure to follow democratic procedures. (La Jornada, January 16, 2014, p.13)

One of the most creative of these citizen driven proposals was the Popular Congress (Congreso Popular) held on February 5, 2014, the 97th anniversary of the 1917 Constitution.   Those organizing this conference included approximately 100 intellectuals, artists, academics and journalists.   According to their press release:

It is the hour for society to exercise its power directly by means of coordinated, peaceful and forceful actions supported by Article 39 of the constitution.   Political groups have betrayed the Mexican people via the daily violation of that document.

...They do not represent the Mexican people.   The institutions do not assure that the law is respected.   The governments do not look out for the "common good".the hegemonic media don t inform and don to communicate to the citizens.

...(The) electoral processes are now unreliable.   The continual defrauding of the people's will  in 1988 and with special clarity in 2006 and 2012, along with the avalanche of unpopular reforms, demonstrate the sterility of the institutions now in existence.

As a result, the people no longer believe in political parties, the media, failed institutions nor in "politics as usual".   In 2013, the historical cycle of neoliberal underdevelopment hit (rock) bottom.

Due to the generalized ingovernability of the federal and local governments; Due to the collusion between organized crime and the political and economic classes; Due to the violence and wars against the popular classes and the growing impunity; Due to the open violation of our Constitution and the abdication of our sovereignty; we convoke " this Popular Congress will be called into session. (La Jornada, January 25, 2014, p.12).

Those representatives who attended that congress (this author included) had to demonstrate a firm conviction to defend both Mexico and the human and social rights guaranteed by the Constitution.   The Popular Congress voted to revoke the changes to the constitution and discussed possible peaceful civil resistance actions on March 18th, the 76th anniversary of President Lazaro Cardenas oil expropriation (Ibid.)

As encouraging as independent efforts are, and many more are likely, democracy s future in Mexico looks bleak.   The challenge of overcoming the PRIAN's all encompassing political control is daunting.   It is particularly intimidating since the biased judicial system consistently rules in favor of the PRIAN.   That is why the two initiatives which seek Supreme Court injunctions to halt "energy reform" are doomed to failure no matter how legitimate they are.   Since the Supreme Court and the government work hand in hand, it s not about to rule against it.

It is highly unlikely that a national consultation on energy "reform" will actually happen.   The two houses of the Mexican legislature are dominated by the PRIAN.   They will use that control to prevent any such initiative from ever taking place.   By the time that a national  consultation could conceivably happen, no earlier than  2015, oil privatization will have become a fait accompli

The initiative that could have the most potential is that of the People's Congress.   The first meeting on February 5th was a positive beginning.     It is hoped that subsequent meetings, particularly the one on March 18th, will receive the publicity they deserve and have more substantive results.

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I am a retired activist living in Oaxaca, Mexico. Originally from Milwaukee, Wisconsin, I became a Mexican citizen in 2008. Before retiring, I directed a study abroad program for US university students in both Mexico and Chile. I am both (more...)
 

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