Baja Sur Legal Shield Issue

**Baja California Sur Struggles with Officials Shielded by Immunity** Legal protection known as “fuero” in Baja California Sur shields public officials, hampering accountability efforts. Despite calls for its removal, Morena blocks progress.

**Officials Shielded by Immunity in Baja California Sur; Morena Blocks Efforts to Eliminate Legal Protections**

In Baja California Sur, a significant issue persists: a substantial number of public officials enjoy legal immunity, effectively making them untouchable by the justice system without prior legislative approval. This entrenched privilege, known locally as “fuero,” has drawn criticism from anti-corruption bodies, who argue that it hinders accountability and promotes impunity.

The State Anti-Corruption System has highlighted the necessity to abolish this protective layer, which shields not only high-ranking officials like governors and secretaries but extends to individuals responsible for basic public services. Lenin Ortiz Amao, head of the Fiscalía Especializada en el Combate a la Corrupción, labeled the immunity as excessive—a stumbling block in bringing corrupt officials to court.

In Baja California Sur, the governor, secretaries, general directors, legislators, judges, magistrates, judiciary councilors, prosecutors, sub-prosecutors, mayors, councilors, trustees, and even municipal delegates benefit from this immunity. Despite 17 other Mexican states having amended their constitutions to eliminate it, Baja California Sur remains an exception.

Efforts by the Citizen Participation Committee (CPC) to remove these protections have been stymied. A legislative proposal designed to abolish immunity was introduced but subsequently sidelined by the majority party, Morena, and its allies. The proposal requires a constitutional amendment to article 159 of the state’s political framework but has failed to progress due to lack of consensus among legislators.

Sergio Villarreal, a CPC member, highlighted that the measure was removed from the legislature’s agenda despite being championed by Morena’s own deputy, Guadalupe Vázquez Jacinto, following consultations with anti-corruption advocates.

Adding to the urgency, there are ongoing investigations into two local officials—Andrea Torres, a current legislator, and Ariel Castro, a legislative liaison. Accusations against them involve inappropriate financial engagements concerning municipal credit services in Los Cabos. While others linked to the case face legal proceedings, Torres and Castro remain shielded by their immunity, blocking further action.

**Second Article: Growing Support for Eliminating Legal Immunity in Baja California Sur**

Across Mexico, the movement to eliminate the legal immunity of public officials is gaining traction. Within Baja California Sur, this issue of “fuero” is in the spotlight, with key opposition parties advocating for its removal, citing the need for accountability and equality under the law.

Rigoberto Mares Aguilar, state president of the National Action Party (PAN), expressed staunch support for the initiative, emphasizing that no public servant should be above the law. He maintains that while freedom of expression for lawmakers must be preserved, this does not justify the broad protections currently in place.

The standoff between legislative consensus and anti-corruption endeavors reflects the complex political landscape, wherein the balance between safeguarding democratic freedoms and ensuring justice remains a contentious topic. The ongoing dialogue among policymakers, civic groups, and the public suggests a growing desire to reform and dismantle outdated legal privileges that hinder effective governance.