Mexico: Fight Over “Energy Reform” Heats Up

Weekly News Update on the Americas | December 8, 2013

As of Dec. 8 the Mexican Senate was set to begin debates on President Enrique Peña Nieto’s plan for opening up the state-owned oil and electric companies, Petróleos Mexicanos (Pemex) and the Federal Energy Commission (CFE), to greater participation by foreign and Mexican private companies. Supporters say the “energy reform” will bring needed capital investment and technical expertise to the energy sector, while opponents consider it a disguised plan for privatization, especially of oil production, which President Lázaro Cárdenas del Río (1934-1940) nationalized in 1938.
The legislative proposal–worked out by the governing centrist Institutional Revolutionary Party (PRI) and the center-right National Action Party (PAN), which together hold a majority in the Congress—includes changes to Articles 27 and 28 of the Constitution. Article 27 asserts state control over oil, gas and coal and bans the granting of concessions; the proposal would add a qualification that private companies could share in profits, could be paid in cash or barrels of oil and could count their share of oil reserves as assets. Article 28 would no longer define the refining of oil and the generation of electricity as strategic activities. According to opponents, the changes to Article 27 would create de facto concessions and the changes to Article 28 would allow private companies to compete with Pemex and the CFE. Opposition in the Senate is being led by Sen. Alejandro Encinas of the center-left Party of the Democratic Revolution (PRD) and Sen. Manuel Bartlett of the small leftist Labor Party (PT). (La Jornada (Mexico) 12/8/13)
Since the beginning of December protesters have organized daily picket lines outside the Senate and the Chamber of Deputies to express their opposition to the “reform.” The National Regeneration Movement (Morena), a new center-left party which broke away from the PRD in 2012, is sponsoring the street protests, with support from PRD and PT activists and grassroots groups. The movement suffered a setback in the early morning of Dec. 3 when Morena founder Andrés Manuel López Obrador (“AMLO”) was hospitalized with a heart attack and underwent surgery. A two-time presidential candidate and the head of government of the Federal District (DF, Mexico City) from 2000 to 2005, López Obrador was released from the hospital on Dec. 7; his doctors said the patient’s progress was satisfactory but told him to rest at home for four weeks. His son, Andrés Manuel López Beltrán, and Morena president Martí Batres are now leading the protests. (LJ 12/8/13, 12/8/13)
The Congress has nearly completed approval of another set of sweeping constitutional changes. On Dec. 3 the Senate passed a measure that would allow reelection of federal legislators for up to 12 years; currently they cannot stand for reelection after one term–six years for senators and three years for legislative deputies. Presidents would still be limited to one six-year term. The changes would also allow independent candidates to run; now candidates need to be nominated by registered political parties. The measure passed the Chamber of Deputies on Dec. 5 with support from the PRI, the PAN and part of the PRD, but the legislation was returned to the Senate to iron out differences between the versions from the two chambers. The PAN has insisted on the electoral changes as a condition for its support of Peña Nieto’s energy program. (Miami Herald 12/4/13 from AP; LJ 12/6/13)

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