AMLO proposing eliminating or modifying article 33 from the constitution, WHY?

51

President Andrés Manuel López Obrador reported that he will analyze the possibility of eliminating or modifying article 33 of the Constitution, considering that it has been used as a repressive measure against foreigners.

President López Obrador pointed out in one of his morning conferences that article 33 of the Constitution, which was written in 1857, no longer corresponded to the current context of Mexico; Therefore, he asked the Secretary of the Interior, Adán Augusto López, to analyze whether it would proceed to reform or remove it, but what does this article consist of and why does it bother the president?

In accordance with the Political Constitution of the United Mexican States, which is in force to date; Article 33 reads as follows: “The Executive of the Union, after a hearing, may expel foreign persons from the national territory based on the law, which will regulate the administrative procedure, as well as the place and time that the detention lasts. Foreigners may not in any way interfere in the political affairs of the country ”.

Article 33 of the constitution defines who is a foreign person while guaranteeing the human rights and guarantees established by the Magna Carta.

How is Mexican nationality acquired?

According to article 30 of the Constitution, Mexican nationality is acquired by birth or by naturalization: 

A) .- They are Mexican by birth:

I.- Those who are born in the territory of the Republic, regardless of the nationality of their parents.

II.- Those who are born abroad, children of Mexican parents, of a Mexican mother, or of a Mexican father;

III.- Those who are born abroad, children of Mexican parents by naturalization, of a Mexican father by naturalization, or of a Mexican mother by naturalization, and

IV.- Those born aboard Mexican vessels or aircraft, be they war or merchant.

B) .- They are Mexican by naturalization:

I.- Foreigners who obtain a naturalization letter from the Secretary of Relations.

II.- Foreign women or men who marry a Mexican man or woman, who have or establish their domicile within the national territory and comply with the other requirements established by law for this purpose.

In a reform published in the Official Gazette of the Federation (DOF) on Friday, June 10, 2011, during Felipe Calderón’s six-year term, a paragraph was added which establishes that the Executive of the Union “Secretario de Gobernacion”, after a hearing, may expel from the territory foreigners.

Article 33 says:

Art. 33.- Foreigners are those who do not possess the qualities determined in article 30 of the Constitution and will enjoy the human rights and guarantees recognized by this Constitution. The Executive of the Union, after a hearing, may expel foreign persons from the national territory based on the law, which will regulate the administrative procedure, as well as the place and time that the detention lasts. Foreigners may not in any way interfere in the political affairs of the country.

Every time in the country there are controversial situations such as the presence of groups of migrants on the border, as in the case of Haitians; or even in a matter of shows, as with the Peruvian presenter Laura Bozzo; Said article is brought up to request the president to “expel” them from the country under the powers that the Magna Carta grants only to him and Segob in 2011.

Given this, the President said “It is an article that has been in place since the Constitution of 1857 and it is already another reality and has been used as a repressive measure in other governments. His government has never applied it and we will never apply it. Here foreigners can come and demonstrate ”.

He also referred that the purposes of his administration is not censorship, nor are they authoritarian, therefore “we want to guarantee full freedoms, that is why the debate is good, that is why the best system is a democracy, the least bad as the skeptics say, it is the best there is no other system more convenient than democracy ”.

Article 33 mainly established who the foreigners were and under their quality as human beings, the human rights that were awarded to them. However, in 2011 during the term of the PAN Felipe Calderón, a paragraph was added indicating that the head of the Federal Executive (Segob) has the power to expel foreigners if deemed necessary.

Calderón rattles the cage

FOREIGNERS RIGHTS IN MEXICO

They have the right to education, health, work, access to public information and petition, freedom of association, the right to a guaranteed hearing and due process, the right to access to Justice.

Foreigners also may benefit all the civil rights of the citizen; they can exercise their industry, trade, and profession; owning, buying, and disposing of real estate; navigate rivers and coasts; freely exercise their worship; will and marry according to the laws.

Expulsion of foreigners and international law

Only when there are causes of national security, the President of the Republic or the Federal Executive (Segob) will determine the immediate expulsion.

Three weeks ago after the visit of the leader of the Spanish far-right party VOX, Santiago Abascal, President López Obrador reiterated that said article was not going to apply and was proud to declare that his administration will never do so. He also reported that if at the moment there was someone vetoed, who could not come to Mexico, the government of the Fourth Transformation would lift said vetoes.

Líder de VOX responde a AMLO: Quienes protegen narcos no impedirán nuestra  causa

“In addition, all freedoms are guaranteed so that no one says they can’t come to Mexico,” added López Obrador; and he also recalled the visit of the writer Mario Vargas Llosa; While he recalled that during Calderón’s administration, an artist who made certain statements against the PAN government was prohibited from entering.

AMLO Political Grandstanding

Mexico as a signatory American Convention on Human Rights

Considering that these principles have been enshrined in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of Rights Humans that have been reaffirmed and developed in other instruments international, both universal and regional;


Reiterating that, in accordance with the Universal Declaration of Rights Humans, only the ideal of a free human being can be realized, free from fear and misery, if conditions are created that allow each person to enjoy their economic, social, and cultural rights, as well as their civil rights and politics, and Considering that the Third Extraordinary Inter-American Conference (Buenos Aires, 1967) approved the incorporation into the Charter of the Organization of broader norms on economic, social and educational rights and resolved that an inter-American convention on human rights determine the structure, competence, and procedure of the organs in charge of that matter.

In no case may the foreigner be expelled or returned to another country, whether or not of origin, where their right to life or personal liberty is at risk of violation because of race, nationality, religion, social condition, or opinions.

ARTICLE 13. Freedom of Thought and Expression

  1. Everyone has the right to freedom of thought and expression. East right includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of borders, either orally, in writing or in printed or artistic form, or by any other procedure of his choosing.
  2. The exercise of the right provided in the preceding paragraph cannot be subject to to prior censorship but to subsequent responsibilities, which must be expressly established by law and necessary to ensure:
    a) respect for the rights or reputation of others, or
    b) the protection of national security, public order or health or morals
    public.
  1. The right of expression cannot be restricted by indirect means or means, such as the abuse of official or particular paper controls to
    newspapers, radio frequencies, or household goods and apparatus used in the dissemination of information or by any other means aimed at preventing communication and circulation of ideas and opinions.
  2. Public shows may be subject to prior censorship by law.
    with the exclusive purpose of regulating access to them for the moral protection of the
    childhood and adolescence, without prejudice to the provisions of subsection 2.
  3. Any propaganda in favor of war and all advocacy of national, racial or religious hatred that constitute incitement to violence or any other similar illegal action against any person or group of people, for any reason, including those of race, color, religion, language or
    national origin.

ARTICLE 14. Right of Rectification or Response

  1. Any person affected by inaccurate or offensive information issued in the detriment of her through legally regulated means of dissemination and that addressed to the general public, they have the right to carry out by the same dissemination of its rectification or response under the conditions established by law.
  2. In no case will the rectification or the answer exempt from the other legal responsibilities incurred.
  3. For the effective protection of honor and reputation, any publication or journalistic, film, radio or television company will have a person
    responsible that is not protected by immunities or has jurisdiction special.

  4. ARTICLE 15. Right of Assembly

  5. The right of peaceful assembly without arms is recognized.
  6. The right can only be subject to the restrictions provided by law, which are necessary in a democratic society, in the interest of national security, of public order or safety, or to protect public health or morals or the rights or freedoms of others.

ARTICLE 16. Freedom of Association

  1. All people have the right to associate freely for purposes ideological, religious, political, economic, labor, social, cultural,
    sports or of any other nature.
  2. The exercise of this right can only be subject to the restrictions provided.
    by law that are necessary in a democratic society, in the interests of the national security, public safety or order, or to protect health
    or public morals or the rights and freedoms of others.
  3. The provisions of this article do not prevent the imposition of legal restrictions, and even the deprivation of the exercise of the right of association, to the members of the armed forces and police.

“In addition, all freedoms are guaranteed so that no one says they can’t come to Mexico,” added López Obrador; and he also recalled the visit of the writer Mario Vargas Llosa; While he recalled that during Calderón’s administration, an artist who made certain statements against the PAN government was prohibited from entering.

Source: infobae.com, milenio.com, multimedios.com

Mexico Daily Post