In This Issue 1. The Technical Cooperation Agreement is at Risk Setbacks in the System

After the completion of the Assessment on the Human of Public Human Rights Commissions Rights Situation in Mexico, recent actions by the government put into doubt the participation of the Office of the High Commissioner and civil society Three years after the beginning of the an individual who had coordinated the organisations in the elaboration and monitoring of the administration of President Vicente Fox, governor’s guards and who was also National Human Rights Program. half of his term, the human rights an official of the judicial police. In page 1 situation in Mexico has not experienced Puebla, the congress elected an 2. Conflict and Violence in the State of profound changes. The articles that we undersecretary of justice, who during present in this edition of Focus provide the former presidency of the Human The failure of the government to adequately address examples of the few advanced made Rights Commission of Puebla had an unresolved dispute over the presidency of the on this issue. received several recommendations by municipality of Tlanepantla and the lack of guarantees the Commission for human rights for indigenous peoples to elect their authorities by At the same time, the System of Public violations. In the case of Yucatán, given their own customs has resulted in conflict in the Human Rights Commissions, the the lack of an agreement amongst the community and numerous human rights violations. biggest in the world, is experiencing different parties of the congress, the page 3 setbacks in the little advancement that president of the Commission was 3. 2003: A Continuation of Repression has been made in their intent to be more elected by a drawing and not through and Political Violence independent and autonomous. The most an objective evaluation of his recent naming of presidents for several qualifications. An examination of cases in 2003 illustrates that those state human rights commissions who express their disagreement or opposition to the illustrates this situation. On February These setbacks and the lack of government continue to be repressed and criminalized. 4, 2004, the individual named as the advancements are also reflected in the page 6 President of the Human Rights National Human Rights Commission, 4. Public Security and Human Rights Commission of the State of Querétaro whose head, Dr. José Luis Soberanes, was an official of the state government. has hindered in several ways the Recently implemented measures to address public In Jalisco, Guadalupe Morfín was not Technical Cooperation Agreement security problems in the country may put human rights re-elected as the president of the Human between the Mexican government and at risk. Rights Commission of the State, as was the UN High Commissioner for Human page 8 the case in Querétaro, as a result of her Rights, amongst other reasons because 5. Classifying Forced Disappearance as a Crime work that criticised the governor of the the agreement includes a revision of state. In Veracruz, the governor Miguel the functions of said institution. In this A recent campaign begun in the state of Guerrero aims Alemán demanded that the former context, it is concerning that this to classify forced disappearance as a crime and in this president of the State Commission administration, which has most used way contribute to bringing justice to the victims and resign and promoted the Secretary of the human rights discourse, has Editorial not their family members of this human rights violation. the Interior of the state as the president achieved an improvement in the nation of the Commission. In Baja California, system of protection of human rights page 10 the local congress elected as president

The Technical Cooperation Agreement is at Risk

Perhaps one of the most important steps that Mexico has taken in the area of human rights was the signing of the Technical Cooperation Agreement between the UN Office of the High Commissioner for Human Rights (UNOHCHR) and the Mexican government in December 2000. A main factor leading to the signing of the agreement was the work of civil human rights organisations.

As has been reported in previous articles in Focus, the main objective of the Technical Cooperation Agreement was the elaboration of an Assessment on the Human Rights Situation in Mexico to assist in the identification of the structural causes that produce human rights violations, as well as to identify the needs and possible actions to improve the situation. In a second moment of the Agreement, said Assessment would also serve as a basis for the elaboration of the National Human Rights Program. Centro de Derechos Humanos Miguel Agustín Pro Juárez, A.C.

This past December 8th, Anders Kompass, The elaboration of this assessment was a of their economic, social and cultural rights. the representative of the High Commissioner very important process, not only because Reopen the debate on the constitutional for Human Rights in Mexico, presented the of its final result, but also because it meant reform on indigenous matters in order to Assessment on Human Rights to President placing at the centre of the debate of different clearly establish the fundamental rights of Fox in the presence of most of the sectors of society the importance of the indigenous peoples in accordance with government’s secretaries, the human rights undertaking an analysis that would explain the currently existing international community and members of the international the structural causes of human rights legislation. community based in Mexico. violations in our country and proposals to Give priority to the preservation and address them. protection of the land, territories and The development of the assessment on resources of the indigenous peoples and human rights involved efforts by civil The assessment is made up of seven chapters communities over all other interests in the organisations, citizens, social movements, on: general aspects; civil rights; political solution of agrarian conflicts. academics and many other individuals in rights; economic, social and cultural rights; Effectively and verifiably integrate social order to participate in the process. the rights of women; the rights of indigenous objectives into economic policies and peoples; and the rights of groups in decisions, and adjust them so as to comply Obstacles in the elaboration of the vulnerable and discriminatory situations. with the State’s obligations in the area of Assessment Each chapter contains an analysis of the economic, social, cultural and environmental causes that propitiate human rights violations rights. Several obstacles were present in the and the presentation of several specific Progressively increase- until it is at least elaboration of the Assessment, such as the proposals to address these issues. doubled- the proportion of the Gross opposition of the president of the National National Product that is dedicated to the Human Rights Commission (CNDH), José Amidst this richness, the assessment health sector in the public budget. Luis Soberanes, to the Technical identifies 31 general and substantive Modify the salary policy, looking to Cooperation Agreement. recommendations to comprehensively reverse, in a period of five years, the confront the structural problems related to deterioration in the purchasing power of the Likewise, in the beginning, the Secretariat human rights, based on an analysis of the legal minimal wages that has been of the Interior (Secretaría de Gobernación) situation and on several specific experienced in the past 25 years. was not interested in being involved in this recommendations that are presented Define and put into practice a national process, given that the Secretariat of Foreign throughout the document. The following is food policy that promotes production for Relations (Secretaría de Relacionesa summarised version of several of said the internal market and reduces food Exteriores, SRE) was the one who had recommendations: dependency and levels of malnutrition. negotiated the Agreement. Reform the Constitution to incorporate These recommendations should serve as the On the other hand, halfway through the the concept of human rights as its central indicators to evaluate the will and process of elaborating the Assessment, SRE axis and recognise the superior hierarchy effectiveness of the government in the task decided to eliminate the Undersecretariat of human rights agreements when these of constructing a State policy in the area of for Democracy and Human Rights, which provide more protection to individuals, as human rights. presented many complications to the well as the regulation of the human rights Assessment process, such as the need for that are constitutionally recognised. Present risks and challenges for the future the Undersecretariat for Global Issues, who Confer autonomy to all public human assumed the work on the Assessment in the rights commissions and extend their faculties The assessment does not exhaustively cover Secretariat, to become familiar with the and competence, while making them more the complexity and totality of the reality of process and recognise its importance. transparent. the human rights situation in the country. Carry out a permanent national campaign Furthermore, it undoubtedly represents a In the development process of the to promote knowledge on human rights, big challenge for civil society as the Assessment, the Liaison Committee of civil tolerance and respect for diversity. assessment will serve as the basis for the organisations, created by the then High Promote a deep transformation of the generation of new debates in the future and Commissioner, Mary Robinson, to serve as justice system in order to transform it into it opens up the possibility to establish a tool a Consultative Committee for the High an accusatory system that guarantees due to update the diverse issues and proposals Commissioner in the framework of the process and the limitation of military justice in the assessment as well as to generate a development of the Technical Cooperation, to its own sphere. dynamic process of appropriating the played a key role in encouraging civil society Promote the progressive and verifiable demands present in the area of human rights. organisations to participate in the process substitution of the Armed Forces in public and to overcome some of the obstacles security tasks. As a following step, it will be necessary to described above. Create a public and autonomous body to work for the elaboration of state-level determine the legal basis of the concessions assessments that reflect the particularities Results of the Assessment and permits to operate radio and television experienced by each state. This would make stations. it possible, in light of the concrete problems, to formulate the obligations that correspond This is the first assessment on human rights Guarantee the following rights: freedom to form unions, the free and secret vote of to local officials in the executive branch as where, apart from covering all human rights, well as those corresponding to the two other an extensive participative process in its workers, and the right to strike. Promote the establishment of programs, branches of power (legislative and judicial) elaboration was included. In the assessment in each of the 31 states and the Federal we do not find big surprises but rather a institutions and services to prevent, attend to and eliminate systematic gender violence District, in order to improve the protection systematisation of the structural causes that for human rights. permit the systematic violation of human throughout the country and eliminate rights in Mexico. discrimination against women in the area 2 The importance of this assessment will be In spite of this, to date the elaboration Human Rights Program, is an important transcending in the way in which a State process of the National Human Rights step towards the reform of the structural policy is carried out that ensures the Program is unknown. Moreover, the causes that permit and lead to human rights implementation of the recommendations Secretariat of the Interior has insisted that violations in Mexico, and it presents the and proposals through a National Human the National Human Rights Program will opportunity to adapt policies, legislation Rights Program, as is indicated in the not be part of the Technical Cooperation and national programs to international Technical Cooperation Agreement itself. Agreement, but rather that it will be a human rights standards. Thus, the creation process coordinated by the Mexican of monitoring mechanisms for the The terms of reference of the Technical government through said Secretariat and implementation of the National Human Cooperation Agreement establish that “the with only a very specific support from the Rights Program that include the participation National Program, in comparison with the UNOHCHR. This goes against the spirit of the representative of the High Assessment, which should be independent, of the Technical Cooperation Agreement, Commissioner in Mexico and of civil society will require the full involvement of the where the coordination of the program in is essential. governmental dependencies. Even though the hands of the Office of the High its design will be under the responsibility Commissioner in Mexico would guarantee * A link to the text of the Assessment can of the national academics, with the support that the elaboration process of the National be found by clicking on the box “Acuerdo of international Human Rights Program be participative and de Cooperación Técnica” on Prodh´s web experts, the Program should reflect a State that said Program attend to the page at: http://www.sjsocial.org/PRODH policy whose application falls mainly on recommendations issued in the Assessment. the government. This in no way excludes civil society from being a partner in the The Technical Cooperation Agreement, implementation of the Program.” particularly that regarding the National

Conflict and Violence in the State of Morelos

Tlanepantla, Morelos is now the scene of a harmoniously with the federal electoral contenders from different parties were up growing political conflict. On the night of system. The Municipal President’s election for election. The PRI had Elías Osorio as January 13, 2004, an unresolved dispute takes place every 3 years, with the PRI party its candidate and Fuerza Ciudadana over the presidency of the municipality gave (Institutional Revolutionary Party, Partido (Citizens Force) had Conrado Pacheco, the rise to clashes within the community and Revolucionario Institucional) being the only candidate that had been previously elected the use of force by public security corps, contender in the elections. The agreement by the Town Council. Nevertheless, and creating a climate of fear and hostility among the residents of Tlanepantla has been violating the will of the majority of amongst community members and resulting that after the voting day, the person elected Tlanepantla’s population, the State in numerous human rights violations. As by the Town Council (Asamblea General) Government gave official recognition to the following information will demonstrate, would register as the chosen candidate. Elías Osorio instead of Conrado Pacheco. the lack of a constitutional reform on indigenous issues that recognises and fully In 2003, elections took place to elect the Because the Town Council’s will was not guarantees the right of indigenous peoples new Municipal President of Tlanepantla. respected, a commission was designated to to elect their authorities by their own For the first time in its history, seven voice the residents’ discontent to the state customs has provoked a climate of confrontation between the political party system and the forms of political and social organisation practiced by the indigenous. At the same time, the case of Tlanepantla demonstrates that the government of Morelos continues to use the argument of restoring public order and “defending justice” as a way to justify the use of repressive measures against its citizens.

History of the conflict

Tlanepantla is a rural municipality located in the northern part of the state of Morelos. It has approximately 5,626 inhabitants of náhuatl origin and the town’s main economic activity is the production of prickly pear cactus. Since 1979, Tlanepantla has had the freedom to exercise control over its own governing institutions through the PHOTO: CENTER PRODH ARCHIVE usages and customs system, cohabiting

3 Centro de Derechos Humanos Miguel Agustín Pro Juárez, A.C. government. On November 1, 2003, the Shortly after, the policemen arrived at the On January 14, 24 people were detained residents of Tlanepantla occupied the town’s centre and started shooting and other and taken to Attorney’s General Office of Municipal Palace in order to prevent Elías policemen spread tear gas among the the state of Morelos, two of them were Osorio from being sworn in as the Municipal population in the plaza. Osorio’s minors and several of them were held President. Since then, the residents have sympathizers had full communication with incommunicado for approximately 16 hours. demanded through peaceful means a timely the policemen gathered at the plaza and Following this, several other individuals solution to the conflict in Tlanepantla. some of them facilitated the police’s entrance were also detained. The state police station Amongst their actions was a concrete request into the town. During the conflict, many began the preliminary investigation against to the local congress to determine the community members fled to other them for the crimes of mutiny, mob activity, disappearance of power in the municipality communities or hid in the countryside. injuries and their results, against members and the intervention of the state government. of the State Preventative Police and damages The state government and Tlanepantla One women in the community related to to private property for setting fire to a police residents also agreed to begin a dialogue, members of the Centre Prodh that during car from Tlanepantla’s municipality. Most where sympathizers of Elías Osorio and the night, “we saw how they were chasing of the detainees stated that they had been those in disagreement with him were present. someone and shooting at him, so we thought detained in their homes or on the road Several concrete agreements came from this it better to hide in the field until dawn […] without the police having any detention dialogue but most of the agreements were At around 11AM a young man that had orders, some of them reported that they had only partially completed. On January 5, gone home to get food told us that the police been beaten and some were forced to kneel 2004, these negotiations ended. On January were performing house searches, so we on the floor for three to five hours in the 11, the Town Council established the decided to stay [in the field]. Afterwards, Attorney General´s Office. Autonomous Popular Council of Tlanepantla, declaring Tlanepantla an autonomous municipality and following the example of several other autonomous indigenous municipalities that have been created throughout the country.

The conflict in Tlanepantla

Within the context described above, on the night of January 13, 2004, a group of approximately 300 people –all sympathizers of Municipal President Elías Osorio, elected by a minority of the residents of Tlanepantla,- were outside the community church. The men were shouting and threatening the people that had actively participated in the election of the Autonomous Popular Council and had defended the freedom to exercise control over their own governing institutions. PHOTO: CENTER PRODH ARCHIVE During the night, the residents that supported the popular autonomous movement saw hundreds of state public security police in several vehicles and six ambulances arrive we heard a helicopter and we ran. While The Government’s response in the town. Around 1:30 AM on January we were running to the highway, a police 14, there were 100 police cars, trucks, and car that was far from us, tried to shoot at During the time in which the residents of 800 policemen outside Tlanepantla. The us, but it was not able to reach us, so we Tlanepantla have struggled to defend their residents thought that this was nothing more arrived at San José [a neighbouring political rights, the government’s discourse than an act of provocation from Osorio’s community].” both at the federal and state level has been sympathisers, who were in the plaza contradictory, inconsistent and provocative. shouting and making threats, in order to As a result of the violent acts perpetrated initiate a clash between the residents and at dawn on January 2004, Gregorio Sánchez thus grant the police an excuse to intervene. Mercado was killed from a shot in the mouth At the beginning of the conflict, state and many other residents were wounded. authorities argued that external agents (e.g., Even though the residents of Tlanepantla The police also forcefully entered and political parties, social organisations or agreed not to respond to the provocations, searched many houses causing damage to student leaders) were responsible for at around 2:30 AM a clash erupted. The property and in some cases stole money and instigating the residents of Tlanepantla. majority of Tlanepantla’s residents in favour personal documents. In the days following After the brutal eviction of the autonomous of the Autonomous Council gathered at the the incident the police continued to search council, the , Sergio municipal palace, the central plaza and in the countryside for residents who had Estrada Cajigal, stated that the rule of law watched over the main access into the town. fled the community. had been re-established in the area. He

4 confirmed that Elías Osorio requested the them children, women, men, and elderly) eviction and that he himself had given Human rights violations in Tlanepantla displaced to neighbouring towns. In orders to carry it out; Elías Osorio has addition, police agents remain in denied such attributions. The Secretary of Given the events that occurred at dawn on Tlanepantla, a fact that prevents the Public Security, Sebastián Izunsa Gutiérrez, January 14 in the municipality of emergence of conditions to re-establish has also confirmed that he gave the orders Tlanepantla, the Centro PRODH was able ordinary life. for the eviction. to confirm the existence of gross human rights violations against Tlanepantla Conclusions and Recommendations Apart from ordering the eviction, the residents. Collectively or individually, the governor has not abided by his word as on residents have been injured in some way Given the acts detailed above, it is evident January 21 he agreed to suspend all (e.g. physically, psychologically, that the current administration of Sergio detention orders against members and emotionally), and several have even lost Estrada Cajigal has perpetuated the actions sympathizers of the Autonomous Council their homes and workplaces. Amongst the of past administrations from the PRI, which but the following day arrest warrants were human rights violations against the residents have been able to use the law as a tool to issued against 20 Tlanepantla residents who of Tlanepantla are: the right to freedom of repress social movements of the residents had been detained on January 14. These election of governing officials in accordance of the state of Morelos. The conflict also residents were charged with arson, mutiny, with their own customs and usages; the evidences the inadequacy of the current and attacks against the main communication right to personal liberty and legal security; constitutional reform regarding indigenous routes. the right to life; the right to integrity and matters, shows the lack of institutional personal security; the right to privacy and channels to address the collective rights of At the federal level, the Secretary of the the right to freedom of expression. At the indigenous populations, and illustrates the Interior, Santiago Creel, stated that the same time, since many residents have been administration’s lacks of political will to Government would not allow any new unable to return to their lands the rights to establish institutional communication lines forms of self-rule government. The work and to food have also been violated to address society’s demands. National Action Party’s (Partido de Acción and given the closure of the school during Nacional, PAN) leader, Luis Felipe Bravo the first few days of the conflict, the right At the publishing of Focus, there was still Mena, applauded the actions taken by to education was also violated. Even though no solution to the conflict in Tlanepantla. Estrada Cajigal. some schools reopened on January 19, only Police presence in the community persists a few children have assisted given the and displaced members of the community The lack of a coherent government strategy climate of hostility and fear in the have refused to initiate a dialogue with the –a case of double standards- evidences the community. government’s lack of understanding and interest in managing the conflict in Tlanepantla. Moreover, it shows the lack of political will to resolve the conflict through peaceful means, leading to more instability and a break-up of the social fabric in the community. It is unfortunate that officials continue to give excuses such as the ones presented above to justify the use of violent means and repression against a social movement like the one in Tlanepantla. The testimonies gathered by the Centre Prodh point to a clear tendency to weaken and divide Tlanepantla’s residents.

Within this context it should be stated that the current administration of the state of Morelos, under the charge of Sergio Estrada Cajigal, has been characterised as responding with violence and an excessive use of public force to the demands of various sectors of the population. There is a clear tendency to put the economic interests of a few wealthy sectors ahead of the legitimate interests of the majority of ARCHIVE CENTER PRODH PHOTO: the population. In his two years in office, Similarly, the consequences of the acts municipal president Elías Osorio and the Governor Estrada Cajigal, following the perpetrated by police agents under the state government because they do not feel pattern established by former governors, orders of the state governor, are the that Osorio and the government have the has conducted 7 acts of violent following: the death of Gregorio Sánchez “political will” to enter into a dialogue. In displacement. In 2001 alone, Estrada Mercado; 24 detainees, among them one light of this, the Centre Prodh believes that Cajigal´s first year as governor, the Human woman and two minors; a number –still in order to reach a solution to the conflict Rights Commission of the State of Morelos unknown- of people injured and wounded the following recommendations should be received 1,569 complaints for human rights by firearms; a number of disappeared considered: abuses in the state. persons; and approximately 1000 (among 5 Centro de Derechos Humanos Miguel Agustín Pro Juárez, A.C.

That the state Government adopt the exercise control over their own governing events, and identify and punish those who necessary measures to provide a favourable institutions under their own usages and are responsible. environment that will allow for a peaceful customs. That a full reparation and compensation of return of the displaced peoples. That the state Government generate true damages to those affected during the conflict That the state Government, in conditions to foster dialogue in equal and their family members be ensured. In coordination with federal authorities, call conditions and in accordance with the just addition, measures to avoid repetition for and secure a non-aggression pact demands of the will of the town of should take place. between the conflicting parties in order to Tlanepantla. state. guarantee a peaceful existence in the That all of the people processed be community of Tlanepantla. absolved of the crimes that they have been That the state Government order the accused of. immediate withdrawal of all security forces That a complete and thorough occupying the municipality of Tlanepantla. investigation take place immediately to That the state Government guarantee the investigate the events of January 14 and people of Tlanepantla the freedom to the subsequent days in order to clarify the

2003: A Continuation of Repression and Political Violence

An analysis of the policies adopted under public security and the administration of of troops and roadblocks continued to the administration of Vicente Fox during justice, resulted in the repression of provoke fear in the communities. The the first three years of his presidency indigenous communities; authoritarian autonomous communities suffered acts of illustrate that the governmental policies mechanisms were used to put an end to intimidation, and entire communities and that persisted under the regime of the protests, and police forces and legal individuals related to social or human rights Revolutionary Institutional Party (Partido recourses were used in an attempt to legalise organisations were harassed. Revolucionario Institutional, PRI) have not repression and criminalize dissent. All of experienced substantial changes. In past these cases present a concerning scenario years, these policies gained the attention for the protection and respect of human of human rights bodies as their objectives rights in the country. and/ or repercussions were directed at inhibiting, reducing, or restricting Repression against communities in expressions of disagreement with or open resistance opposition to the government. In 2003, as will be evidenced by the following cases The presence of the Mexican army in the registered by the Centre Prodh, the presence areas of Zapatista influence in the state of of the military in civilian tasks, such as in Chiapas persisted in 2003 and the existence PHOTO: CENTER PRODH ARCHIVE CENTER PRODH PHOTO: An example of this situation was the harassment experienced by members of the autonomous community Ocho de Febrero, a Zapatista community located within the Montes Azules biosphere in Chiapas. On February 27, 2003, the community denounced that members of the Army, the Navy and the Federal Attorney General’s Office for Environmental Protection had increased their harassment in order to force the members of the community to leave their land, which they had occupied for over a year. The community stated that approximately 25 detention orders existed against community members as a way to force them to negotiate leaving their lands.

Additionally, after the creation of the “Caracoles”, an autonomous governing structure established by the Zapatistas in August 2003, the Good Government Council of the “Caracol” denounced that PHOTO: CENTER PRODH ARCHIVE the Mexican Army had gone into several

6 communities, establishing check points or On February 20, 2003, Felipe Ayala Protests as a result of economic, political roadblocks and harassing the residents. Arreola, a survivor of the 1995 Aguas or social situations also continue to be Blancas massacre in Guerrero and member viewed as if they were security problems. The communities of the Zapatista of the Campesino Organisation of the In order to confront the opposition and autonomous municipalities have also been Southern Sierra (Organización Campesina protests, all three levels of the government harassed by members of the PRI, who at de la Sierra Sur, OCSS) was assassinated. have assumed an attitude with authoritarian times have threatened to cut their electricity Survivors of the massacre in El Charco, characteristics. These acts of repression are and water services because they support Guerrero (1998) also expressed in April generally carried out during protests, the EZLN (Ejército Zapatista de Liberación that they were afraid for their lives and marches, sit-ins and roadblocks. Faced Nacional, Zapatista National Liberation denounced that they had been harassed and with the protests, the government uses force Army). These communities also continue repressed by the government of Guerrero. to dissolve and violently remover the to denounce aggression by PRI groups who, repressed by the government of Guerrero. protesters, resulting in arbitrary detentions in alliance with local power leaders, and physical aggression. intimidate and harm them. On August 23, Members of the Popular Indigenous 2003, the Good Government Council Council of Oaxaca “Ricardo Flores Magón” In one instance in Oaxaca in June 2003, denounced new aggression and threats by (Consejo Indígena Popular de Oaxaca,members of the Union of Workers in members of PRI groups of the Roberto Ricardo Flores Magón (CIPO-RFM)), also Service of the State and Decentralised Barrios municipality, whom they identified denounced on May 28, 2003 the Institutions of State-Nature of Oaxaca and as “paramilitaries.” As part of this case, intimidation, death threats and members of the Committee of Citizen Francisco Gómez Pérez, indicated as the psychological torture suffered by their Defence, who were protesting to demand paramilitary leader, personally insulted and colleague, Raúl Gatica Bautista, who upon the liberty of Oliverio Neri López and René tried to force the residents of the ejido to entering his home on May 24th, found that García García, who had been detained for state that they are in favour of actions all of his books and magazines and his political issues in the union in October against the Zapatistas. personal documents where in torn apart 2002, were forcefully removed and and thrown onto the floor; on top of the repressed by members of the security forces Apart from the situation lived in Chiapas documents were photographs of dead of the state of Oaxaca, leaving 30 people and within the context of armed groups, people. On the walls of his kitchen was the wounded. The governor of the state, José several cases of repression and human text “Raúl Gatica, if you continue to fight Murat, said that the removal was “peaceful” rights violations were registered in 2003. with the indigenous communities against and that “his government is not a repressor.” In one such case, the judge of the Eighth the interests of the government, we will Nevertheless, it has been affirmed that tear District in Oaxaca issued on May 31, 2002, kill you.” gas, stun guns, cattle prods, bats, batons, sentences of 30, 25 and 11 years in prison and dogs were used, and that women, against six Zapotec indigenous from the On September 22, 2003, members of the children and the elderly were beaten. Loxicha region who were accused of Independent Totonaca Organisation belonging to the Popular Revolutionary (Organización Independiente Totonaca, In another case in Oaxaca, in January 2003, Army (Ejército Popular Revolutionario, OIT) denounced that four members of the the Unihidalguense Citizen Council EPR) and of perpetrating crimes such as organisation had been tortured by members (Consejo Ciudadano Unihidalguense, terrorisms, sabotage and homicide. In of the Judicial Police of the state of Puebla, CCU) presented to the Auditing Office of regards to this case it should be mentioned who, without proof, accused them of being the Treasury of the Congress of Oaxaca a that the National Human Rights suspects in a murder. The OIT believes that request for the auditing of the municipal Commission (Comisión Nacional dethe aggression was instigated by the former administration of the Union Hidalgo Derechos Humanos, CNDH) has received municipal president of Huehuetla, Puebla, municipality because they had evidence of complaints of human rights violations Victor Rojas Solano, in an attempt to corruption and embezzlement of funds by against Zapotec indigenous in this region sabotage the investigations being carried the municipal president and his council, by members of police and military corps out by the state Attorney General’s Office who refused to present accounts to the such as: illegal and arbitrary detentions, into the murder on August 6, 2003, of the citizens. The legislative office promised abuse, torture, forced disappearances, false indigenous rights defender, Griselda Tirado to send a commission to look into this accusations, irregular composition of Evangelio, who served as an advisor to the matter on February 13, 2003 and on this preliminary investigations, undue actions organisation. of the authorities in the judicial process and police and military incursions into homes.

Repression due to activism, efforts to organise, and demanding one’s rights The liberties and rights to protest, to carry out political activities and to defend human rights have remained a target of human rights violations by authorities. Governmental authorities are also responsible for violations due to acts of ARCHIVE CENTER PRODH PHOTO: omission, as they allow aggressions as serious as assassinations to remain in impunity. As a result, leaders and social activists continue to be victims of a series of human rights violations and their dissidence is criminalized. 7 Centro de Derechos Humanos Miguel Agustín Pro Juárez, A.C. day, as the commission did not arrive, a ACAT) received death threats related to interference, the right to freedom of large group of individuals went to the their defence of individuals imprisoned as expression and the right of peaceful municipal government office to look into being responsible for the massacre of Agua assembly (articles 19 & 21), while the this matter and they were shot at by the Fría, Oaxaca in 2002 and the supposedly Declaration on the Right and Responsibility local police, resulting in one death and 10 arbitrary detention and torture that these of Individuals, Groups and Organs of injured individuals. The authorities continue detainees experienced. Seven members of Society to Promote and Protect Universally to ignore the conflict and have permitted ACAT have been threatened, harassed or Recognised Human Rights and preliminary investigations to be open against detained since 2000, resulting in the request Fundamental Freedoms recognises the right members of the CCU. Twenty detention of the Inter-American Commission on to promote and to strive for the protection orders were originally issued and several Human Rights on April 8, 2003, that the and realisation of human rights and members of the CCU remain detained. Mexican government adopt precautionary fundamental freedoms. However, as the measures to protect them. cases described above illustrate, individuals Human rights defenders are also consistently who attempt to exercise these rights in at “high risk” given that, due to the nature On April 30, 2003, three unidentified men Mexico continue to be subject to violence of their work, they can be victims of those attacked Evangelina Arce, the mother of and repression for their actions. While who look to hinder, punish or impede the one of the girls who disappeared in Ciudad many of the situations described are at the defence that they are carrying out. The Juárez, Chihuahua and a member of the local level, the federal government has not impunity present in investigating attacks Independent Committee of Human Rights implemented measures to intervene in theses against human rights defenders promotes of Chihuahua. The week before an cases of grave human rights violations. To the continuation and even increase in these unidentified vehicle was seen outside of address this situation, the Fox aggressions. If in many instances it is her home and she had recently received Administration must break with the difficult to identify the material perpetrators anonymous phone calls. Amnesty tendencies of the past and its own practices of violations against human rights defenders, International has expressed fear that these evidenced in 2003 and take concrete steps it is almost impossible to identify the acts of intimidation could be related to to guarantee the human rights of those intellectual authors of these acts, permitting Arce’s efforts to pressure the authorities to individuals, organisations and communities them to act with impunity. investigate the case of her daughter, Silva who express their disagreement with or Arce who disappeared on March 11, 1998. opposition to the government. On several occasions in 2003, with the most recent incident in November of this year, Conclusion * More information on this issue can be Samuel Castellanos and Beatriz Casa, found in Prodh´s 2003 Annual Report on members of Christian Action for the The International Covenant on Civil and Human Rights Violations, available on our Abolition of Torture (Acción de los Political Rights recognises, amongst other web page at: Cristianos para la Abolición de la Tortura, rights, the right to hold opinions without http://www.sjsocial.org/PRODH

Public Security and Human Rights

The issue of public security is a permanent Establish the Bases of Coordinating the concern of Mexican citizens and with this National Public Security System). concern is the inclination of certain sectors Nevertheless, recently implemented of society to express their support for measures throughout the country illustrate toughening measures to combat public that in many cases, measures to preserve security problems. Through this, authorities and promote public security also put at risk have justified using authoritarian and human rights. repressive measures to combat insecurity, without resolving the core The use of force and arbitrary measures issues that generate these problems. The security of the population is In a seminar held in September 2003 on a human right and public Public Security and Human Rights, security is defined in Mexican organised by the Washington Office on law as “a function under the Latin America, the Human Rights charge of the State which Commission of the Federal District aims to safeguard the (Comisión de Derechos Humanos del integrity and rights of Distrito Federal, CDHDF) and the Centre persons, as well as to Prodh, , the Secretary of preserve public Public Security of the Federal District, freedoms, order and stated that there is a lot of confusion peace.” (Art. 3, amongst the police regarding the use of General Law to force “because 90 percent of the police

8 PHOTO: CENTER PRODH ARCHIVE CENTER PRODH PHOTO: officers have never been trained on anything into homes without search warrants or functions and those of the criminal justice that has to do with the gradual use of force.“ apprehension orders when they are chasing system. While there is a crisis in the justice Ebrard went on to affirm: “the detention after a delinquent who has been caught in system in Mexico, as is illustrated by the method in Mexico is the most violent, I flagrante delicto (in the very act ofhigh rates of impunity that still persist, this think, of all of the world.” committing a misdeed). According to should not be confused with the Ebrard, those who rob automobilists feel responsibility of the executive branch of the In this context, the recent approval by the that they can act with impunity and seek government regarding the public service Secretariat of Public Security of the Federal refuge in their neighbourhoods without the functions of the police forces. In this sense, District for members of police forces in the police being able to go in after them. there should be a clear division between the District to use handcuffs to detain individuals However, this measure goes against the functions of investigating crimes and that involved in robbery, kidnappings, or sexual Constitution of Mexico, which states that a of crime prevention, a division that currently aggression, or those who violently resist judge is the only authority with faculties to does not exist as the preventative police arrest, is concerning due to the possible authorise the entering of a member of the also carry out investigations into crimes. misuse of such measure. In order to address security forces into homes. In this regard, this issue from a human rights perspective, Emilio Alvarez Icaza, president of the Similarly, penal reforms such as those the CDHDF has expressed that four issues CDHDF has stated that there are other ways proposed by the government of the Federal should be attended to for handcuffs to be to combat this crime, for example, if police District to revise the penalties for minors; used in the District: establishing the norms officers see a supposed delinquent escaping those of the government of the state of that permit and regulate the use of handcuffs; into a home, they can surround the home Mexico for individuals of 16 years old and implementing training measures, which and then get the authorisation from a judge above to be tried as adults for the crimes of should not only be technical but also develop to enter into the home and in this way rape, kidnapping and murder; the criteria as to when, in which situations and combat crime while acting in accordance confirmation of 16 years old as the age for why handcuffs should be used; the definition with existing laws. individuals to be tried as adults in Veracruz; by the Secretariat of Public Security of and the statement by the governor of controls that they will have to guarantee While the cases mentioned above focus on Aguascalientes that kidnappers, rapists and that there is no misuse, abuse or human the Federal District, other state and local narco-traffickers should be subject to the rights violation in the use of this measure; governments are also implementing death penalty, represent concerning measures and education both regarding human rights concerning measures in order to combat that put at risk human rights such as the as well as the understanding of the tasks of public security problems. For example, the right to life and those guaranteed in the UN the authorities within the established laws. human rights organisation Indignación Convention on the Rights of the Child. (La Jornada, January 22, 2004) located in Merida, Yucatan has denounced These issues should be addressed within the several revisions of young people in the justice system in the country and not within Another concerning measure recently streets in downtown Merida because they the sphere of public security implemented by Marcelo Ebrard against the looked “suspicious”. In one instance at robberies of automobilists has been the around 11 pm on September 19, 2003, Conclusion authorisation for members of the around 30 municipal, state and federal police preventative officers, as well as health officials went into There are many other elements of the police to go a café and revised several of the young relationship between public security and people present, going through their human rights, such as the increased belongings without having a search warrant, militarisation of the public security forces, as well as revising people found on the street which cannot be discussed here given the outside of the café. These actions represent limits of the article. What is important to discriminatory acts as well as violating emphasise is that public security and human human rights and individual guarantees, rights should not be seen as contradictory, as no one can be bothered in their person but rather complementary issues, and that or in their possessions unless the agents true public security in a democratic State possess a written authorisation for such cannot exists without the respect for human an act by the corresponding authority. rights. The measures currently being In another case, the town council of implemented to address public security the municipality of Metepec in the problems focus on disciplinary measures authorised in which, apart from not respecting human February 2004 the prohibition to ask rights, exclude the possibilities of for money, sell gum, newspapers, implementing preventative measures to cards or other products in the street, combat public security problems. In order as well as prohibiting the activities to adequately address the problem of of window washers, under the insecurity currently facing the country, one argument that these activities could needs to analyse the economic, socio- put at risk the physical or cultural, and criminological reality of the psychological integrity of individuals country, and not only a focus on the latter. or automobilists. Through this integral approach, work regarding security and in respect for human Public security and criminal justice rights would be focused on the reconstruction of the social network and the Another concerning aspect of the current police would serve, not as repressors, but public security situation in the country is as an institution that contributes to the the lack of definition between public security reconstitution of communal life.

9 Centro de Derechos Humanos Miguel Agustín Pro Juárez, A.C.

Classifying Forced Disappearance as a Crime

On December 10, 2003, the Guerrero In 1997, the UN Working Group on Forced One of the cases included in the Network of Civil Human Rights or Involuntary Disappearances reported CODDEHUM´s 2002 recommendation was Organisations, the Miguel Agustín Pro that Mexico was in third place regarding that of Mr. Faustino Jiménez Álvarez who Juárez Human Rights Centre and the the number of forced disappearances, and disappeared in Guerrero on July 17, 2001 Commission for the Defence of Human from 1996 to 1998 the Working Group after State Judicial Police violently removed Rights of the State of Guerrero received information on 115 cases in him from his home in Tierra Colorada. Mr. (CODDEHUM), with the support of the Mexico. Since the beginning of the Fox Jiménez was supposedly involved in the international organisations Human Rights Administration the Centre Prodh has kidnapping of a family member, the Watch, Amnesty International, the Centre documented more than 20 complaints of businessman José Valle. Several individuals for Justice and International Law, and the forced disappearance. In 2002, the National have been named as being directly Washington Office on Latin America Human Rights Commission (Comisión responsible for Jimenez´ disappearance but launched the campaign “They took them by Nacional de Derechos Humanos, CNDH) the authorities of the state of Guerrero, force, they disappeared them… but they alone received 22 complaints of forced particularly the Attorney General’s Office will not be forgotten,” whose final objective disappearance. of Guerrero have continued to obstruct justice in this case, protecting those In this regard, in its 1998 Report on the responsible for this forced disappearance. Situation of Human Rights in Mexico, the In 2003, authorities issued apprehension Inter-American Commission on Human orders against several individuals implicated Rights (IACHR) recommended that the in the crime but to date none of them have Mexican government “take the necessary been detained. In this regard, the steps to reform the criminal law of Mexico Commission for the Defence of Human with a view to characterizing forced Rights of the State of Guerrero issued disappearance as a crime” and that it recommendation 033/2003 on September “conduct meaningful, prompt and impartial 9, 2003, concluding that “the human rights investigations in all cases of disappearances violations against the complainant and her that have not yet been resolved and those husband, Faustino Jiménez Álvarez, who responsible punished.”(paragraphs 700, was deprived of his liberty and whose 701) However, while forced disappearance whereabouts remain unknown, are fully is classified as a crime at the federal level proven, all of this in virtue of the fact that (April 2001), it does not yet exist at the the apprehension orders emitted by the First state level, with the exception of the Federal Judge … have not been duly complied District and the state of Oaxaca. with.” Additionally, in spite of the fact that several witnesses have established the Forced disappearances in Guerrero responsibility of other state agents in Jimenez´ disappearance, this information PHOTO: Poster made to promote the campaign on classifying Although forced disappearances occur has not been investigated. In the case of forced disappearance as a crime in Guerrero. throughout the country, the situation of Faustino Jimenéz, because forced forced disappearances in the state of disappearance is not classified as a crime is the adequate classification of forced Guerrero is of particular concern, in Guerrero, the consignment and legal disappearance as a crime in the state of highlighting the need for a campaign of charges in the court are for the crime of Guerrero. According to the Inter-American this nature. Recently, the Federal Special kidnapping, which does not include all of Convention on Forced Disappearance of Prosecutor for Social and Political the elements of the forced disappearance Persons, forced disappearance is considered Movements of the Past declared the state of persons, such as being a multiple human “to be the act of depriving a person or of Guerrero, where several state authorities rights violation. persons of his or their freedom, in whatever and members of the army were involved way, perpetrated by agents of the State or in repressive acts and in hundreds of cases Both the cases of forced disappearance in by persons or groups of persons acting with of forced disappearances during the dirty the past as well as more recent cases, such the authorization, support, or acquiescence war, as a “martyr state”. Illustrative of this as that of Faustino Jiménez, follow two of the State, followed by an absence of situation is the fact that in 2002, the common patterns: the first is that the forced information or a refusal to acknowledge Commission for the Defence of Human disappearances were carried out by State that deprivation of freedom or to give Rights of the State of Guerrero emitted agents and the second is that in all of them information on the whereabouts of that Recommendation 019/2002 involving eight justice is still pending, so much so that to person, thereby impeding his or her recourse cases with nine individuals disappeared. date there is no certainty regarding the to the applicable legal remedies and Seven of said disappearances occurred in whereabouts of the disappeared. procedural guarantees.” 2001 and therefore were during the current Fox Administration. Similarly, the National Objectives of the campaign Apart from the hundreds of previous cases Human Rights Commission documented of forced disappearance that occurred in in its report on forced disappearances in The crime of forced disappearance is the context of the “dirty war” in the 1970s the 1970s and the beginning of the 1980s considered by international doctrine as a and 1980s in the country, cases in recent approximately 322 cases of forced crime against humanity. It is a State crime, years illustrate that the crime of forced disappearance concerning the state of planned, ordered, executed and supervised disappearance continues to occur in Mexico. Guerrero. by officials whose task should be that of

10 protecting the population. State-level, status or economic positions of those who organisations mentioned previously national and international organizations committed the crime, punishing the material presented a legislative proposal to classify have been able to illustrate that one of the as well as intellectual authors of the act. forced disappearance as a crime to the reasons why cases of forced disappearance Government Commission of the Congress remain in impunity is the absence of The classification of forced disappearance of Guerrero. It is hoped that the Congress legislation that protects the citizenry and as a crime within the legislation of Guerrero, will now consider the adoption of this provides resources for the investigation, as well as in other states in Mexico that do important proposal as a way to advance in prosecution, and sanction of those not include this crime in their Penal Code, the respect and promotion of human rights responsible, as well as the reparation of is one step towards bringing justice to the in the state. damages and guarantees for the no-repetition victims and their family members of this of these acts. In light of this, the crime of human rights violation and a measure to forced disappearance should be persecuted contribute to its eradication as a practice. and punished regardless of the political For this reason, on January 14, 2004, the

SEDENA has not observed the CNDH´s recommendations

The National Human Rights Commission recently reported that 14 of the 52 recommendations it issued in 2003 have not been observed by the governmental dependencies that received them; two of these 14 recommendations were directed at the Secretariat of National Defence (SEDENA). One of the recommendations for SEDENA regarded the rape committed by members of the Mexican Army against a tlapaneca indigenous woman in the community Barranca de Tecuani in the state of Guerrero. According to the CNDH, the Military Public Minister agreed to submit the preliminary investigation to the Military Attorney General but stated that “there is no legal interest of the affected party, and there is also no accusation or indication against someone in particular, nor any evidence that would allow one to consider that members of the Mexican Army belonging to the 41st Infantry Battalion have committed the criminal activity being investigated.” This is in spite of the fact that the victim presented a complaint regarding rape, breaking and entering, and abuse of authority before the public minister two days after the events occurred. The CNDH also stated that there was a delay in and an irregular integration of the preliminary investigation and that the investigations carried out were insufficient.

The other CNDH recommendation, 16/03, was sent to the Military Attorney General regarding the human rights abuses committed against members of the 56th Infantry Battalion of Guamúchil, Sinaloa by members of the Military Attorney General’s Office including the rights to legal security, due process, personal freedom, as well as the torture committed against them. The Military Attorney General’s Office communicated to the CNDH that this recommendation was not accepted because it is not possible “to accept the present case as an act that did not observe human rights (because) that actions were done in accordance with the law in the face of a serious situation that disturbed the discipline and laws of the military.”

Official version of the murder of Griselda Teresa Tirado is rejected

On February 9, 2004, the Special Prosecutor’s Office for the Attorney General’s Office of the State of Puebla presented its conclusion regarding the murder of the indigenous rights defender and founding member of the Independent Totonaca Organisation (OIT) Griselda Tirado Evangelio on August 6, 2003. The official conclusion is that Tirado Evangelio´s death was due to a “crime of passion.”

Tirado Evangelio´s family members as well as the OIT have rejected the official version because they state that all of the lines of the investigation were not exhausted, the conclusion does not explain why members of the OIT received threats regarding the case and because it does not take into consideration the work that Tirado Evangelio carried out in the region where in many cases she was in confrontation with local power leaders related to the PRI.

11 Glossary PRODH was created in 1988 as an institution Autonomous municipalities, Self-governing entities originally established by the Zapatistas in the dedicated to the promotion and defence of human rights. It has four programs of work: integral face of neglect by state and federal governments. In the past years, several other indigenous defence, educational processes, monitoring, and municipalities throughout the country have declared themselves autonomous. advocacy; and three work areas: international relations, communication and organisational CNDH, Comisión Nacional de Derechos Humanos, National Human Rights Commission. Government development. PRODH has consultative status body set up in 1990 to investigate human rights abuses. with the United Nations Economic and Social Council. EPR, Ejército Popular Revolucionario, Popular Revolutionary Army. Armed opposition group PRODH works with groups throughout Mexico operating in the states of Guerrero and Oaxaca, first appeared in 1996. to consolidate human rights protection. Since its founding, it has given effective support and EZLN, Ejército Zapatista de Liberación Nacional, Zapatista National Liberation Army. Armed solidarity to groups and persons who have indigenous opposition group, first appeared in January 1994 in Chiapas. suffered injustice, poverty, and marginalisation. Fiscalía Especial, Special Prosecutor’s Office. A prosecutor’s office created and designated to investigate specific crimes. For further information or to join PRODH's membership, please contact: PAN, Partido Acción Nacional, National Action Party, centre-right party of President Fox. PGR, Procuraduría General de la República, Federal Attorney General’s Office, has federal Miguel Agustín Pro Juárez jurisdiction for investigating crimes. Human Rights Centre PGJDF, Procuraduría General de Justicia del Distrito Federal, Attorney General’s Office of the Federal District, has local jurisdiction for investigating crimes. Serapio Rendón 57-B Col. San Rafael, Mexico DF 06470 PRD, Partido de la Revolución Democrática, Party of the Democratic Revolution, centre-left Tel/Fax: (5255) 5546 8217, opposition party. 5566 7854, 5535 6892 PRI, Partido Revolucionario Institucional, Revolutionary Institutional Party, held power for 71 Email: [email protected] years until defeated in the July 2000 elections. Web page: http://www.sjsocial.org/PRODH PT, Partido de Trabajo, Labour Party. Director: Edgar Cortez Contributors to this issue: Emma Maza, PVEM, Partido Verde Ecologista de México, Mexican Green Party. Maureen Meyer, Mireya del Pino, members of the Integral Defence program. SRE, Secretaría de Relaciones Exteriores, Secretariat of Foreign Relations. Editor: Maureen Meyer Designer: Tania Tamara Gómez UNOHCHR, United Nations Office of the High Commissioner for Human Rights.

Centro de Derechos Humanos Miguel Agustín Pro Juárez, A.C.

Serapio Rendón 57-B Colonia San Rafael México, D.F. 06470 México