In Mexico, both locals and foreigners frequently reference Article 33 of the constitution, which prohibits non-Mexicans from participating in internal national affairs.
This clause is often cited as if any government official or even an ordinary citizen could expel a foreigner for commenting on national political issues. The actual text states: “The president of the republic will have the power to expel from national territory any foreigner, according to the law and after a hearing. Foreigners may not in any way participate in the political affairs of the country.”
Mexico’s constitution, first written in 1857 and revised in 1917, includes protective measures against two groups considered dangerous at the time: the Roman Catholic Church and foreigners. These measures made sense historically and included further protections against potential foreign interference.
Only Mexicans by birth, not naturalized citizens, can hold certain positions such as soldiers, police officers, street sweepers, airline crew, or bartenders. These jobs were seen as critical in preventing or combating potential revolutions.
The law remains in effect today. After the Mexican Revolution in the early 1900s, Catholic clergy were stripped of their citizenship and could not vote or wear religious habits in public until 1984. The fear of these groups reversing constitutional protections led to strict regulations.
While foreign investment is welcomed in Mexico, foreign ownership of a Mexican corporation is limited to 49 percent, and companies must employ 90 percent Mexican workers. Foreigners cannot own land outright within 50 kilometers of shorelines or 100 kilometers from international borders.
The political implications of Article 33 are significant. Foreigners are often reminded, “You are a guest here. You cannot have an opinion that could be considered political.” This makes everyday life challenging for foreigners, as almost any opinion on the economy, human rights, innovation, or religion can be seen as political.
For vacationers in Cancun, this is not a concern, but for those transferred to work in Mexico for a year or two, it can be challenging. Constitutional scholars note that Article 33 refers to partisan politics, specifically participation. For example, a foreigner working actively in campaigns for a candidate or party could face consequences, including expulsion from Mexico.
Voting Rights and Article 33: A Constitutional Dilemma
With Mexicans living abroad now able to vote, a significant constitutional question arises: Can countries like the United States have a vested interest in which candidate Mexicans in the U.S. support, given the large bloc of Mexican voters there?
On the flip side, if you insult the president’s hairstyle and someone warns you about being “33-ed” for your comment, you can rest assured that nothing legal can be done about it. Having an opinion and participating in politics are two different things.
The Mexican Constitution provides clear protections not just for citizens, but for anyone within Mexican territory, including its air and maritime spaces. Mexico is known for its generous respect for civil liberties on paper, extending rights to citizens, refugees, tourists, and temporary or permanent residents.
However, this practice is currently in flux. The current administration is rapidly limiting freedom of expression for everyone, including citizens, journalists, human rights workers, and opposition politicians. Simultaneously, there is consideration of potentially eliminating Article 33.
Except for voting, active participation in partisan politics, and outright ownership of land near borders or the coast, foreigners enjoy all constitutional guarantees, which cannot be restricted or suspended.
Nevertheless, as a foreigner, it’s wise to be cautious about what you say regarding Mexico. Remember, you are a guest in this country, and it’s always good manners to respect your host.
Source: Pulse New Mexico
