The ABA Rule of Law Initiative (ABA ROLI) released its Mexico Human Trafficking Assessment Tool (HTAT) report in August 2009. The report provides a comprehensive assessment of Mexico’s federal and state human trafficking laws, along with a detailed analysis of steps taken to implement those laws.

In the report (available in both Spanish and English), Mexico’s efforts to prevent and combat human trafficking are analyzed for compliance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The assessment found the national legal frameworks are highly compliant with this protocol but also uncovered serious implementation deficiencies.

To encourage discussion around the report and its findings, the report was formally presented during a rollout event in Mexico City that included a panel of key government and civil society actors. The HTAT and its results were then widely discussed in the Mexican media. This coverage generated discussion about the efficacy of the country’s response to the horrific crime of trafficking, which is estimated to victimize between 20,000 and 50,000 people per year in Mexico.

ABA ROLI is supporting the implementation of a critical set of reforms that relate to the Mexican criminal justice system’s transition from an inquisitorial to an accusatorial system. Through judicial exchanges, ABA ROLI helps strengthen the Mexican judiciary’s capacity to adapt to and claim ownership of the ongoing reforms, as they aid in broadening the judiciary’s understanding through first-hand exposure to case management under the accusatorial system. Through “sister courthouse” exchanges between judges along the US-Mexico border, ABA ROLI has opened a direct channel of communication for judges in both countries. This initiative allows the two sides to interact on a more personal level, dispel long-standing misconceptions and engage in an open dialogue on best practices in judicial administration.

Previously, ABA ROLI supported the establishment of 22 mediation centers as judicial annexes throughout Mexico. 

Supporting law schools

ABA ROLI currently partners with law schools in Mexico to strengthen their capacity to train law professors and law students on the skills needed to operate under an accusatorial system.  

In addition to providing practical skills trainings, ABA ROLI conducts mock trial competitions and sponsors criminal defense clinics at local law schools for Mexican law students to practice their litigation skills, while providing access to justice for marginalized populations. During the mock trial competitions, teams of law students litigate a hypothetical case against one another in order to test their skills and practical knowledge of an accusatorial justice system in a competitive environment. ABA ROLI’s criminal defense clinics provide legal representation to indigent criminal defendants by assigning law students to serve as their advocates under the guidance of an attorney serving as clinic director. 

Moreover, ABA ROLI is implementing its Legal Education Reform Index (LERI)to assess the current status of legal education in Mexico. The findings will enable law schools, policymakers and authorities to consider appropriate legal education reforms in Mexico.

Previously, ABA ROLI supported discussions among law school leaders and reform stakeholders about law school admissions standards in order to help establish a uniform curriculum and standardized accreditation process. The proposed curriculum included courses in substantive areas of law and clinical courses covering trial advocacy, case management, negotiation, mediation and other practical skills. ABA ROLI also facilitated professional development by coordinating meetings between law school delegates from both the United States and Mexico.

Supporting bar associations

Mexico’s ongoing legal reforms also require significant repair to the country’s legal profession regime. To support reform efforts and help enhance the capacity of practicing attorneys, ABA ROLI partners with local bar associations and accreditation authorities to provide practical skills trainings to ensure that they are well-prepared to succeed under the accusatorial system.  Furthermore, by developing a continuing legal education curriculum for bar associations and drafting a model ethics code for attorneys, ABA ROLI seeks to provide centralized resources for legal professionals who must continually hone their skills in order to serve as effective advocates.

In addition, ABA ROLI is implementing its Legal Profession Reform Index (LPRI) to assess the status of the legal profession in Mexico. The LPRI, which evaluates standards of practice, professional ethics and conduct, and bar associations’ governance and independence, will inform future legal profession reform efforts.