Supreme Court ruling lets Indigenous communities speak in constitutional trials for the first time

In a historic ruling, Mexico's Supreme Court (SCJN) has opened the door for Indigenous, Afro-Mexican, and other communities to participate as interested third parties in constitutional disputes, a role previously restricted to government entities. Chief Justice Hugo Aguilar Ortiz, who is of Mixtec Indigenous origin, hailed the decision as a significant step towards correcting 200 years of exclusion and racism in the judiciary.

The case emanated from the Indigenous community of Crescencio Morales in Zitácuaro, Michoacán, who sought to join a constitutional dispute filed by the municipal government over control of the community's budget. The SCJN's five-to-four decision acknowledged the Mazahua community's right to participate in two constitutional controversies related to regulations and actions concerning a prior consultation on indigenous self-government.

An interested third party is any individual or entity with a contrary interest to that of the complainant in an amparo trial or constitutional dispute. While they are not plaintiffs or defendants and cannot initiate trials, they can join ongoing disputes when a SCJN ruling could impact their rights or interests. The SCJN based its decision on Articles 2 and 17 of the Mexican Constitution, recognizing Indigenous and Afro-Mexican peoples as subjects of public law with their legal personality and assets, and the right to access justice.

Three justices dissented, contending that the ruling constitutes an overreach of judicial power, effectively legislating beyond its scope.