MEXICO: Evictions of Indigenous Communities Fuel Displacement in Chiapas

MEXICO: Evictions of indigenous communities fuel displacement in Chiapas A profile of the internal displacement situation 22 January, 2008 This Internal Displacement Profile is automatically generated from the online IDP database of the Internal Displacement Monitoring Centre (IDMC). It includes an overview of the internal displacement situation in the country prepared by the IDMC, followed by a compilation of excerpts from relevant reports by a variety of different sources. All headlines as well as the bullet point summaries at the beginning of each chapter were added by the IDMC to facilitate navigation through the Profile. Where dates in brackets are added to headlines, they indicate the publication date of the most recent source used in the respective chapter. The views expressed in the reports compiled in this Profile are not necessarily shared by the Internal Displacement Monitoring Centre. The Profile is also available online at www.internal-displacement.org. About the Internal Displacement Monitoring Centre The Internal Displacement Monitoring Centre, established in 1998 by the Norwegian Refugee Council, is the leading international body monitoring conflict-induced internal displacement worldwide. Through its work, the Centre contributes to improving national and international capacities to protect and assist the millions of people around the globe who have been displaced within their own country as a result of conflicts or human rights violations. At the request of the United Nations, the Geneva-based Centre runs an online database providing comprehensive information and analysis on internal displacement in some 50 countries. Based on its monitoring and data collection activities, the Centre advocates for durable solutions to the plight of the internally displaced in line with international standards. The Internal Displacement Monitoring Centre also carries out training activities to enhance the capacity of local actors to respond to the needs of internally displaced people. In its work, the Centre cooperates with and provides support to local and national civil society initiatives. For more information, visit the Internal Displacement Monitoring Centre website and the database at www.internal-displacement.org. Internal Displacement Monitoring Centre Norwegian Refugee Council Chemin de Balexert 7-9 1219 Geneva, Switzerland Tel.: +41 22 799 07 00 [email protected] www.internal-displacement.org 2 CONTENTS CONTENTS 3 OVERVIEW 7 EVICTIONS OF INDIGENOUS COMMUNITIES FUEL DISPLACEMENT IN CHIAPAS 7 CAUSES AND BACKGROUND 12 BACKGROUND 12 FREE TRADE AGREEMENT UNDERMINES LIVELIHOODS IN RURAL AREAS 12 LAND AND AGRARIAN ISSUES AT THE ROOT CAUSE OF CONFLICTS IN MEXICO 12 INSURGENT GROUPS SEEKING RIGHTS FOR INDIGENOUS PEOPLE CLASHED WITH THE MEXICAN ARMY IN CHIAPAS IN 1994 13 HOPES FOR CONFLICT RESOLUTION UNDER PRESIDENT FOX SHATTERED BY CONSTITUTIONAL REFORM AND IMPUNITY (2000-2005) 15 CHRONOLOGY OF INTERNAL DISPLACEMENT IN CHIAPAS (1994-2004) 18 STRUCTURE AND HISTORY OF LAND TENURE IN MEXICO 22 CONFLICT IN LACANDONA BIO-RESERVE HAS ROOTS IN LEGAL CONFUSION CREATED IN THE 1970S 24 CAUSES OF DISPLACEMENT 25 CHIAPAS; ESCALATION OF VIOLENCE, UNLAWFUL EVICTIONS AND FORCED DISPLACEMENTS (2007) 25 CAUSES OF DISPLACEMENT ROOTED IN POLITICAL AND AGRARIAN CONFLICTS, RELIGIOUS TENSIONS AND HISTORICAL MARGINALISATION OF INDIGENOUS GROUPS (2005) 26 NEW STRATEGY TO DISPLACE INDIGENOUS PEOPLE (2007) 29 THE ACTEAL MASSACRE FORCED THOUSANDS TO FLEE IN 1997 (2005) 33 VIOLATIONS OF RELIGIOUS FREEDOM IN CHIAPAS HAVE DISPLACED 30,000 INDIGENOUS PEOPLE SINCE THE 1970’S (2000) 36 PEACE EFFORTS 36 1996 SAN ANDRÉS AGREEMENT AND PEACE DEAD-LOCKED (2005) 36 POPULATION FIGURES AND PROFILE 39 GLOBAL FIGURES 39 BETWEEN 10,000 AND 12,000 PEOPLE WERE STILL DISPLACED IN CHIAPAS (2005) 39 SOCIO-POLITICAL PROFILE OF THE DISPLACED: INDIGENOUS, RURAL AND POOR (2003) 42 GEOGRAPHICAL DISTRIBUTION 43 MOST IDPS FLED MUNICIPALITIES OF THE STATE OF CHIAPAS (2005) 43 PATTERNS OF DISPLACEMENT 45 3 GENERAL 45 DISPLACEMENT OFTEN LOCAL AND PREDOMINANTLY RURAL (2003) 45 PHYSICAL SECURITY & FREEDOM OF MOVEMENT 46 PHYSICAL SECURITY 46 HUMAN RIGHTS GROUPS FINDS THE GOVERNMENT GUILTY OF CRIMES AGAINST HUMANITY IN CHIAPAS DURING THE 1990S (2005) 46 IDPS ARE THE MOST UNPROTECTED CITIZENS IN PREY TO ABUSES, EXPLOITATION AND DEPRIVATION OF LIFE (2005) 49 HUMAN RIGHTS ORGANIZATIONS REPORT CONTINUED PARAMILITARY THREATS AGAINST RETURNED IDPS AND AUTONOMOUS COMMUNITIES (2003) 50 MEMBERS OF ORGANISATIONS WORKING WITH IDPS COMMONLY RECEIVE DEATH THREATS (2004) 51 FREEDOM OF MOVEMENT 52 MILITARY PRESENCE IN CHIAPAS A MEANS TO CONTROL ZAPATISTAS AND CIVIL SOCIETY ORGANISATIONS (2005) 52 SUBSISTENCE NEEDS 54 GENERAL 54 LIVING CONDITIONS OF IDPS IN THE CAMPS VISITED BY THE REPRESENTATIVE FOR IDPS WERE VERY POOR (2003) 54 THE SPECIFIC NEEDS OF DISPLACED INDIGENOUS WOMEN HAVE NOT BEEN ADDRESSED (2003) 54 FOOD 55 IDPS RECEIVE HARDLY ANY NUTRITIONAL ASSISTANCE EXCEPT FOR THE EFFORTS OF SOME GOOD GOVERNANCE BOARDS (2005) 55 HEALTH 56 UNLAWFULLY EVICTED PEOPLE NOT TREATED FOR HEALTH PROBLEMS (2007) 56 DEPLORABLE HEALTH CONDITIONS IN IDP SETTLEMENTS (2003) 56 IDPS DISCRIMINATED UPON ACCESS TO HEALTH CARE IN CHIAPAS (2003) 58 IDPS’ MENTAL HEALTH SEVERELY AFFECTED IN CHIAPAS (2003) 59 WATER AND SANITATION 61 LACK OF WATER LEADS TO HEALTH PROBLEMS IN CAMPS (2004) 61 SHELTER AND NON-FOOD ITEMS 62 PRECARIOUS HOUSING FACILITIES FOR THE DISPLACED (2004) 62 ACCESS TO EDUCATION 64 GENERAL 64 DISPLACED INDIGENOUS CHILDREN’S DEVELOPMENT THREATENED BY THE LACK OF ACCESS TO EDUCATION (2005) 64 ISSUES OF SELF-RELIANCE AND PUBLIC PARTICIPATION 66 GENERAL 66 4 PARAMILITARY VIOLENCE BLOCKS DISPLACED FARMERS’ ACCESS TO INCOME GENERATING ACTIVITIES (2003) 66 LIMITED ACCESS TO LAND FORCES DISPLACED TO IDENTIFY NEW SOURCES OF INCOME (1999) 67 PUBLIC PARTICIPATION 67 THE DISPLACED HAVE ORGANISED MARCHES AND DEMONSTRATIONS AND RESISTANCE GROUPS (2004) 67 IN ONLY FEW MEXICAN STATES LEGISLATION ON INDIGENOUS AFFAIRS WAS PROMULGATED (2003) 69 IMPUNITY FOR PERPETRATORS OF MASSACRE INVOLVING STATE AGENTS (2007) 69 DOCUMENTATION NEEDS AND CITIZENSHIP 72 GENERAL 72 MANY DISPLACED PEOPLE LACK PERSONAL DOCUMENTATION (2003) 72 ISSUES OF FAMILY UNITY, IDENTITY AND CULTURE 73 GENERAL 73 INDIGENOUS IDPS LOSE THEIR SENSE OF COMMUNITY AND THEIR CULTURAL IDENTITY (2003) 73 IN THE MIDST OF CRISIS AND DISPLACEMENT NEW COMMUNITY STRUCTURES ARE CREATED (1999) 74 PROPERTY ISSUES 75 GENERAL 75 PRIVATISATION OF COLLECTIVE LAND IN VIOLATION OF INTERNATIONAL CONVENTIONS(2006) 75 CONSTITUTIONAL REFORMS UNDERMINED INDIGENOUS LAND RIGHTS AND EXACERBATED CONFLICTS (2004) 75 DISPLACED INDIGENOUS FAMILIES EXPULSED FROM MONTES AZULES IN VIOLATION OF THEIR RIGHTS TO LAND FOR ECONOMIC INTERESTS(2004) 78 MILITARY BASES VIOLATE INDIGENOUS COLLECTIVE LAND RIGHTS (2004) 84 LAND RIGHTS OF DISPLACED INDIGENOUS PEOPLE SERIOUSLY UNDERMINED (2003) 85 LEFT PROPERTY COMMONLY DESTROYED OR TAKEN OVER BY THE VICTIMIZERS (1999) 88 PATTERNS OF RETURN AND RESETTLEMENT 90 RETURN 90 MAP OF RETURNED AND RESETTLED IDPS IN CHIAPAS (2007) 90 FOURTEEN FAMILIES DISPLACED BY RELIGIOUS CONFLICT IN CHIAPAS RETURN (2005) 90 IDPS AND SOME AUTHORITIES TOLD THE REPRESENTATIVE THAT CONDITIONS FOR SAFE RETURN DID NOT EXIST YET (2003) 91 IDPS HAVE RETURNED HOME SPONTANEOUSLY OR ASSISTED BY ICRC AND MRC (2004) 93 MEXICAN GOVERNMENT ACCUSED OF CONDITIONING IDP RETURN TO AFFILIATION WITH THE INSTITUTIONAL REVOLUTIONARY PARTY (1999) 95 5 RESETTLEMENT 95 HUMANITARIAN ACCESS 96 GENERAL 96 GOVERNMENT RESTRICTIONS HINDER THE WORK OF HUMAN RIGHTS AND HUMANITARIAN ORGANIZATIONS IN CHIAPAS (2004) 96 GOVERNMENT EXPRESSED CONCERNED OVER LACK OF ACCESS TO COMMUNITIES IN ZAPATISTA-CONTROLLED AREAS (2003) 97 NATIONAL AND INTERNATIONAL RESPONSES 98 NATIONAL RESPONSE 98 GOVERNMENT HAS NEGLECTED IDPS AND PROVIDED HARDLY ANY ASSISTANCE 98 INTERNATIONAL RESPONSE 101 SELECTED NGO ACTIVITIES 101 LOCAL NGOS PLAY LEADING ROLE IN CREATING DIALOGUE WITH GOVERNMENT ON IDP ISSUES AND PROVIDE SOME ASSISTANCE (2007) 101 SELECTED ACTIVITIES OF THE RED CROSS MOVEMENT 102 ICRC ENDS HUMANITARIAN AID IN CHIAPAS (2004) 102 RECOMMENDATIONS 102 THE UN SPECIAL RAPPORTEUR ON INDIGENOUS ISSUES RECOMMENDED THAT A NATIONAL BODY TO DEAL WITH IDP ISSUES BE ESTABLISHED 102 RECOMMENDATIONS BY THE CENTRE OF HUMAN RIGHTS FRAY BARTOLOMÉ DE LAS CASAS (2005) 105 REFERENCE TO THE GUIDING PRINCIPLES ON INTERNAL DISPLACEMENT 106 KNOWN REFERENCES TO THE GUIDING PRINCIPLES ON INTERNAL DISPLACEMENT (2005) 106 LIST OF SOURCES USED 108 6 OVERVIEW Evictions of indigenous communities fuel displacement in Chiapas Download pdf version (200 kb) In the Mexican state of Chiapas, 5,500 people are still internally displaced, in addition to an unknown number who have sought anonymity or remain dispersed, more than a decade after the Zapatista Army of National Liberation (EZLN) led an uprising of indigenous communities against socio-economic exclusion and lack of access to land. Up to 40,000 people were displaced as a result of the “Zapatista” rebellion in 1994, around half of them indigenous farmers supportive of the government. In 1995, the national army launched a counter-attack which caused the displacement of up to 20,000 supporters of the Zapatista movement, and at the same time paved the way for the return of displaced supporters of the government. This aggravated social divisions within the indigenous communities which have yet to be resolved. A 1996 agreement recognising indigenous rights and culture and in particular the right to land has never been

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