Elements for a strategy of Mexican foreign policy with a LGBTQI+ perspective

Abstract

In the most recent years, Mexico has incorporated the promotion and protection of the human rights of lesbian, gay, bisexual, transgender queer and intersexual people (LGBTQI+) into its foreign policy. This expansion has been triggered by the accelerated recognition of the rights of these groups within Mexico itself, where substantial legal reforms have led to same-sex marriage, the inclusion of transgender and non-binary identities in official documents and a nation-wide ban of the so-called conversion therapies. This article intends to identify possible common guidelines and objectives which might link all the activities of Mexico in this field with a specific strategy aimed at safeguarding the rights of the LGBTQI+ community at the international level. To this end, the methodological approach used has been a qualitative analysis of a vast array of literature and official documents issued by Mexican authorities including work programmes, statements and press releases. Resolutions, decisions and reports of international organizations such as the United Nations Organization (UNO), the Human Rights Council (HRC) and the Organization of American States (OAS) have also been carefully examined. For the sole purpose of this paper, a holistic approach of the concept of the LGBTQI+ community has been chosen instead of opting for a disaggregation in diverse categories. The basic hypothesis has been that, although Mexican international activities in favour of LGBTQI+ rights have recently been carried out, they have not been based on a comprehensive, dedicated strategy within the framework of Mexican Foreign Policy. The analysis has included the most important achievements in LGBTQI+ rights in Mexico and how these have been reflected in two categories of the work done by the Ministry of Foreign Affairs of Mexico (SRE): 1) administrative measures implemented by the Ministry at Mexican offices abroad and 2) the participation of Mexico in the discussion of LGBTQI+ —related matters at the bilateral and, more importantly, at the multilateral level in International Organizations. Regarding the administrative rules, Mexican transgender people can nowadays obtain birth certificates (since 2022) and passports (2016) with an updated gender marker at Mexican embassies and consulates, where same-sex marriages have also been performed since 2019. Furthermore, non-binary identity markers can also be included in Mexican passports since 2023. All Mexican offices outside Mexico have put in practice a safe zone policy, declaring the premises of embassies and consulates as discrimination-free spaces. In this regard it is important to stress that the main beneficiaries of these measures have been LGBTQI+ members of the Mexican communities abroad, particularly in the United States of America, where approximately thirty seven million people are entitled to Mexican citizenship and, therefore, represent a politically appealing group with voting rights. The second area where Mexico has contributed to upholding the rights of LGBTQI+ people in the international arena is the dialogue with other states and in intergovernmental fora. In this context, the analysis of the available documents showed no clear evidence that the topics of sexual orientation, gender identity and gender expression (SOGIE) had been included in the work agendas of bilateral meetings held by Mexico with other countries. On the contrary, Mexico has been active in the discussions on these issues within the scope of the UNO, the HRC and OAS. Concerning the UNO in New York, Mexico has supported various resolutions where the concept of sexual orientation has been introduced and has also been a member of the United Nations LGBTI Core Group since 2016. In the HRC, Mexico has voted in favour of several resolutions on SOGIE, supported the appointment of an Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, and makes recommendations on SOGIE to other states as a part of the Universal Periodic Review, although this course of action has not always been a permanent practice. With respect to other organizations under the umbrella of the UNO, a backlash against the consideration of any LGBTQI+ issues in their work is currently gaining momentum, spearheaded by countries that still criminalize homosexuality and gender identity and / or expression. Mexico has played an active role in defending the inclusion of SOGIE references in documents approved by such entities as the World Health Organization, the International Labour Organization and the Office of the United Nations High Commissioner for Refugees. Particular emphasis must be placed on the work done within the OAS in benefit of LGBTQI+ people such as the creation of a LGBT Core Group in 2016 (with Mexico as a founding member), the annual approval of an omnibus Resolution on the Protection and Promotion of Human Rights (with a special section on LGBTQI+ rights) and the adoption of the Inter-American Convention against All Forms of Discrimination and Intolerance on the 5^th of June, 2023, which Mexico signed and ratified. Despite all these positive measures and activities, based on the annual work programmes issued by the division in charge of Human Rights at the SRE, the efforts towards protecting LGBTQI+ rights have been rather conceptualised as a component of a more general objective of promoting issues related to gender and anti-discrimination. Moreover, lesbian, gay, bisexual, transgender and queer people are frequently mentioned along with other socially disadvantaged groups. Consequently, after a thorough review of the available data, it can be stated that there is presently no specialized strategy of the Mexican Foreign Policy consecrated to LGBTQI+ rights. Nevertheless, there is sufficient ground for advocating such a specific approach, in view of the recent Mexican activism in this field and the fact that homosexuality and gender expression are still criminalised in sixty countries around the world, of which seven impose the death penalty for homosexual acts between consenting adults. At a first stage, a specially designed Mexican strategy could focus on the most urgent and achievable goals, some of which could be: the decriminalisation of homosexuality (particularly in the Caribbean nations which have yet to abolish their legal provisions in this matter), the prohibition in the entirety of the American Continent of any sort of discrimination based on SOGIE, and the outlawing of conversion therapies. These topics should also be introduced not only in the work agendas of bilateral meetings but also in the recommendations which Mexico presents during the HRC Universal Periodic Review of countries where the LGBTQI+ community still faces serious challenges. Finally, a dedicated strategy of the Mexican Foreign Policy geared towards the international protection of the rights of LGBTQI+ people could strengthen the reputation of Mexico as a staunch ally in the promotion of human rights and anti-discrimination policies around the globe.