Consultative status

It is the recognition that the UN gives to certain non-governmental organizations to participate, advise and/or report on issues included in the Ecosoc agenda.

Ecosoc's power to grant “consultative status” is based on Article 71 of the UN Charter which states: “The Economic and Social Council may make appropriate arrangements for consultations with non-governmental organizations dealing with matters of the competence of the Council. Such arrangements may be made with international organizations and, if necessary, with national organizations, after consultation with the respective Member of the United Nations.” The requirements that an NGO must meet to obtain consultative status are found in Resolution 1996/ 31 of the Ecosoc, among which the following stand out: be registered with the pertinent authorities of your country as an NGO or non-profit organization, with a minimum of two years old; have an established headquarters; have a democratically adopted constitution; authority to speak before its members; a representative structure; appropriate accounting mechanisms and transparent and democratic decision-making processes; its core resources must be derived primarily from contributions.

Expulsion of foreigners

Throughout the history of independent Mexico, the Federal Executive Power has had the constitutional power to expel from the country, in a discretionary manner, foreigners considered “pernicious” (González Oropeza, 2002: 98-99). The CPEUM of 1917 establishes in its article 33 that, although foreigners enjoy the individual guarantees established in its First Chapter (see Individual Guarantees), "the Executive of the Union will have the exclusive power to make them leave the national territory, immediately and without the need for a prior trial, to any foreigner whose stay he deems inconvenient. In this same sense, the jurisprudence has confirmed said exclusive and discretionary power of the Executive –executed through the Ministry of the Interior, in accordance with article 128 of the General Population Law–, for which suspension by means of a trial is not appropriate. amparo (see Suspension of the contested act) (González Oropeza, 2002: 98-100).

For obvious reasons, this constitutional provision and related legal practices are problematic from a human rights perspective. The constitutional order and secondary legislation in Mexico impose a series of limits on foreigners in the exercise of rights such as freedom of movement and residence, freedom of association, labor rights, the right to property, the right to association and, of course, the right to political participation (Witker, 2000:16-21, 25-31). None of these restrictions, however, is as controversial as those arising from the power of the Executive to expel foreigners on a discretionary basis, over and above the rights to an effective remedy and due process. In this sense, it has been pointed out that the current constitutional article 33 contravenes the provisions contained –among other instruments– in the UDHR (articles 8 and 10), the ICCPR (articles 2 and 14) and the ACHR (articles 8 and 25). International Human Rights Law establishes, however, that States may expel foreigners without prior consideration of the right to an effective remedy in cases in which “overriding reasons of national security” (see National Security) justify it (see ICCPR : article 13, and Declaration on the Human Rights of Individuals Who Are Not Nationals of the Country in which They Live: article 7).

Within the framework of the broader debate on the Reform of the State and, in particular, in that of a comprehensive constitutional reform on human rights, the issue of the expulsion of foreigners has entered the political and legislative agenda in our country, without Until now, a reform has been reached on the matter (see Fox Quesada, 2004; Gómez Bravo, 2004; Melgoza Radillo, 2003; Cf. Sánchez Carreño, 2004).