Election of Mexico's first Indigenous Supreme Court justice in 170 years raises hope and skepticism

San Francisco Chronicle​

2 days ago

MEXICO CITY (AP) — In his campaign for Mexico's Supreme Court, Hugo Aguilar sent a simple message: He would be the one to finally give Indigenous Mexicans a voice at one of the highest levels of government.
'It's our turn as Indigenous people ... to make decisions in this country,' he said in the lead up to Sunday's first judicial elections in Mexican history.
Now, the 52-year-old Aguilar, a lawyer from the Mixtec people in Mexico's southern Oaxaca state, will be the first Indigenous Supreme Court justice in nearly 170 years in the Latin American nation, according to Mexican President Claudia Sheinbaum. He could lead the high court. The last Indigenous justice to do so was Mexican hero and former President Benito Juárez, who ran the court from 1857 to 1858.
For some, Aguilar has become a symbol of hope for 23 million Indigenous people long on the forgotten fringes of Mexican society. But others fiercely criticize his past, and worry that instead of representing them, he will instead stand with the ruling party, Morena, that ushered him onto the court.
Top vote getter in controversial contest
Supporters cite Aguilar's long history of working on Indigenous rights, while critics say that more recently he's helped push the governing party's agenda, including former President Andrés Manuel López Obrador's massive infrastructure projects, at the expense of Indigenous communities. Aguilar's team said he would not comment until after official results were confirmed.
'He's not an Indigenous candidate,' said Francisco López Bárcenas, a distinguished Mixtec lawyer from the same region as Aguilar who once worked with him decades ago. He applauded the election of an Indigenous justice, but said 'He's an Indigenous man who became a candidate.'
Aguilar was elected in Mexico's first judicial election, a process that's been criticized as weakening Mexico's system of checks and balances.
López Obrador and his party overhauled the judicial system the populist leader was long at odds with. Instead of appointing judges through experience, voters elected judges to 2,600 federal, state and local positions. But the vote was marked by a very low voter turnout, about 13%.
López Obrador and his successor and protege President Claudia Sheinbaum claimed the election would cut corruption in the courts. Judges, watchdogs and political opposition called it a blatant attempt to use the party's political popularity to stack courts in their favor, and gain control of all three branches of Mexico's government.
While votes are still being counted in many races, the tally of results for nine Supreme Court justices came in first. The vast majority of the justices hold strong ties to the ruling party, handing Morena potential control over the high court. Aguilar's name was among those that appeared on pamphlets suggesting which candidates to vote for, which electoral authorities are investigating.
A focus on Indigenous rights
Aguilar scooped up more than 6 million votes, more than any other candidate, including three who currently serve on the Supreme Court. The victory opened the possibility of Aguilar not just serving on the court, but leading it.
Critics attributed his win to Mexico's highly popular president repeatedly saying she wanted an Indigenous judge on the Supreme Court in the lead up to the election. On Wednesday she said she was thrilled he was on the court.
'He is a very good lawyer,' she said. 'I have the privilege of knowing his work not just on Indigenous issues, but in general. He has wide knowledge and is a modest and simple man.'
The Supreme Court has handed down decisions that, for example, establish the right of Indigenous people to be assisted by interpreters who speak their native language and defense attorneys in any legal process. But there remain significant outstanding issues like territorial disputes in cases of mega-projects.
Aguilar began his career in Oaxaca's capital, working for SERmixe, an organization advocating for Indigenous rights as a law student in his mid-20s.
Sofía Robles, a member of the organization remembers young Aguilar being passionate, choosing to be a lawyer to advocate for Indigenous communities often living in poverty and out of reach of the law.
'He had this conviction, and there were many things he wouldn't conform with,' 63-year-old Robles said. 'From the very beginning, he knew where he came from.'
Despite coming from a humble working-class family, he would work for the organization for free after his law classes. He later worked there as a lawyer on agrarian issues for 13 years. After the Zapatista uprising in 1994, a guerrilla movement fighting for Indigenous rights in southern Mexico, Aguilar worked to carry out constitutional reforms recognizing the basic rights of Mexico's Indigenous people.
Robles said she believes he will bring that fight she saw in him to the Supreme Court.
'He gives us hope,' she said. 'Aguilar is going to be an example for future generations.'
Ties to governing party
But others like Romel González Díaz, a member of the Xpujil Indigenous Council in a Mayan community in southern Mexico, cast doubt on if Aguilar would truly act as a voice for their community.
Aguilar's work came under fire when he joined the government's National Institute of Indigenous Peoples at the beginning of López Obrador's administration in 2018. It was then that he began to work on a mega-project known as the Maya Train fiercely criticized by environmentalists, Indigenous communities and even the United Nations.
The train, which runs in a rough loop around the Yucatan peninsula, has deforested large swathes of jungle and irreversibly damaged an ancient cave system sacred to Indigenous populations there. Aguilar was tasked with investigating the potential impacts of the train, hearing the concerns of local Indigenous communities and informing them of the consequences.
That was when González Díaz met Aguilar, who arrived with a handful of government officials, who sat down for just a few hours with his small community in Xpujil, and provided sparse details about the negative parts of the project.
González Díaz's organization was among many to take legal action against the government in an attempt to block train construction for not properly studying the project's impacts.
The environmental destruction left in the project's wake is something that continues to fuel his distrust for Aguilar.
'The concern with Hugo is: Who is he going to represent?' González Díaz said. 'Is he going to represent the (Morena) party or is he going to represent the Indigenous people?'