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MARCH 2005) May 2005 Issue Papers, Extended Responses and Country Fact Sheets file:///C:/Documents and Settings/brendelt/Desktop/temp rir/STATE PR... Français Home Contact Us Help Search canada.gc.ca Issue Papers, Extended Responses and Country Fact Sheets Home Issue Paper MEXICO STATE PROTECTION (DECEMBER 2003-MARCH 2005) May 2005 Disclaimer This document was prepared by the Research Directorate of the Immigration and Refugee Board of Canada on the basis of publicly available information, analysis and comment. All sources are cited. This document is not, and does not purport to be, either exhaustive with regard to conditions in the country surveyed or conclusive as to the merit of any particular claim to refugee status or asylum. For further information on current developments, please contact the Research Directorate. Table of Contents MAP GLOSSARY 1. INTRODUCTION 2. BACKGROUND 3. STATE INSTITUTIONS 3.1 Governance 3.2 The Judiciary 3.3 The Police 3.4 The Military 3.5 Other Institutions 4. SITUATION OF SELECTED GROUPS 4.1 Violence Against Women 1 of 30 9/17/2013 8:10 AM Issue Papers, Extended Responses and Country Fact Sheets file:///C:/Documents and Settings/brendelt/Desktop/temp rir/STATE PR... 4.2 Sexual Orientation 4.3 Crime and Corruption 4.3.1 Crime 4.3.2 Corruption 4.4 Political Activities and Organizations NOTES ON SELECTED SOURCES REFERENCES MAP Source: CNN. 15 December 2003. "Map of Mexico." <http://edition.cnn.com/TRAVEL/CITY.GUIDES/WORLD/ Americas/mexico/bigmap.html> [Accessed 9 Mar. 2005] GLOSSARY AFI Agencia Federal de Investigaciones (Federal Agency of Investigation) ALDF Asamblea Legislativa del Distrito Federal (Federal District Legislative Assembly) CEDH 2 of 30 9/17/2013 8:10 AM Issue Papers, Extended Responses and Country Fact Sheets file:///C:/Documents and Settings/brendelt/Desktop/temp rir/STATE PR... Comisión Estatal de Derechos Humanos (State Commission for Human Rights) Centro PRODH Centro de Derechos Humanos "Miguel Agustin Pro Juarez" (Human Rights Centre "Miguel Agustin Pro Juarez") CNDH Comisión Nacional de Derechos Humanos (National Human Rights Commission) CONAPRED Consejo Nacional para Prevenir la Discriminación (National Council for the Discrimination Prevention) DF Distrito Federal (Federal District) IFE Instituto Federal Electoral (Federal Electoral Institute) INMUJERES Instituto Nacional de las Mujeres (National Institute for Women) MP Ministerio Público (Public Ministry) PFP Policia Federal Preventiva (Federal Preventive Police) PGJE Procuraduría General de Justicia del Estado (State Justice Attoney General) PGR Procuraduría General de la República (Federal Attorney General) SEDENA Secretaría de la Defensa Nacional (National Defence Secretariat) SSP Secretaría de Seguridad Pública (Secretariat of Public Security) 1. INTRODUCTION This paper provides an overview of state protection in Mexico from December 2003 to March 2005, with a particular focus on the description and functionality of state institutions as they relate to governance, the judiciary, the police and the military. It also presents information about state- sponsored agencies and non-governmental or civil society organizations involved in protecting human and legal rights. Finally, this paper updates information related to four selected claim types–violence against women, sexual orientation, crime and corruption, and political activities and groups–that were addressed during the Refugee Protection Division's Quality Issue Session on Mexico, held in Montreal on 15 December 2004. 2. BACKGROUND As President Vicente Fox approached the mid-term of his presidency in 2003, sources questioned whether he could achieve the state protection reforms he had promised at the outset of his presidency ( Los Angeles Times 6 Dec. 2004; The Economist 23 Nov. 2004; ibid. 14 Aug. 2003; Freedom House 23 Aug. 2004). Nevertheless, in 2003 and 2004, Fox reportedly remained committed to addressing issues such as crime, corruption and human rights abuse, even though new incidents continued to be reported under his administration (AI 2004; Country Reports 2004 28 Feb. 2005; International Narcotics Strategy Report 2005 1 March 2005; HRW 8 Jan. 2005). Examples of Fox's commitment to addressing 3 of 30 9/17/2013 8:10 AM Issue Papers, Extended Responses and Country Fact Sheets file:///C:/Documents and Settings/brendelt/Desktop/temp rir/STATE PR... some of Mexico's state protection problems included the introduction of federal reforms to professionalize the Federal Attorney General's office (Procuraduría General de la República, PGR) (US Sept. 2004; Standard & Poor's 17 June 2004; International Narcotics Strategy Report 2003 1 March 2004) and to improve accountability within the federal public service (ibid.). However, according to news, national, and international human rights sources, the government has reportedly achieved limited success, and many critics have stated that Fox has been unable to fully strengthen the country's state protection system (UN 11 Mar. 2004; The Economist 23 Nov. 2004; Freedom House 23 Aug. 2004; AI 2004; HRW 8 Jan. 2005). For example, an August 2004 public opinion survey of individuals in 18 Latin American countries reported that Mexico scored the poorest results on questions related to the possibility of bribing public authorities (Corporación Latinobarómetro 13 Aug. 2004). In particular, 65 per cent of Mexicans surveyed stated that there was a high probability that they could bribe a police officer in order to avoid arrest (ibid.). In 2004, in the face of growing criticism of weaknesses in the areas of public security and human rights protection, Fox introduced two key proposals: 1) a plan to reform federal laws pertaining to public security and justice in March 2004 (The Christian Science Monitor 6 Apr. 2004; Standard & Poor's 17 June 2004), and 2) the inauguration of a National Human Rights Program (NHRP) in December 2004 (AP 10 Dec. 2004; UPI 10 Dec. 2004), based on recommendations outlined in a December 2003 technical cooperation agreement between the UN and Mexico on human rights (UN 8 Dec. 2003). According to Fox, the NHRP would involve various levels of government and non-governmental organizations and would reportedly "guide the government agenda" on human rights (ibid.). Information on the progress of the NHRP could not be found among the sources consulted by the Research Directorate. However, in May 2004 the Human Rights Centre "Miguel Agustin Pro Juarez" (Centro de Derechos Humanos "Miguel Agustin Pro Juarez," Centro PRODH) criticized the methodology used in developing the program (Centro PRODH May 2004). Specifically, the PRODH claimed that the "elaboration" process for the NHRP limited participation of civil society, focused on governmental control by the Secretariat of the Interior (Secretaría de Gobernación, SEGOB), lacked clarity and did not prioritize of the issues at hand (ibid.). The second and related initiative introduced by Fox was an April 2004 legislative bill to overhaul the country's criminal justice system, which included proposals to speed up the trial process and amalgamate federal police agencies into one national force (The Christian Science Monitor 6 Apr. 2004; Standard & Poor's 17 June 2004). For more information on the April 2004 proposal, please refer to the "Further Considerations" section of the Research Directorate's May 2004 Issue Paper, Mexico: Police. While Fox has called for political and legislative unity to push through justice reform, sources noted that the Congress has since stalled the bill (UPI 10 Dec. 2004; HRW 8 Dec. 2004). According to United Press International (UPI), while Congress has passed some minor provisions, the legislative proposal has been stalled by Institutional Revolutionary Party (Partido Revolucionario Institucional, PRI) legislators who claim the proposal's main drawback is that it is based on the American justice system and does not meet Mexico's unique needs (10 Dec. 2004). In March 2005, Allison Rowland, public policy specialist at the Mexico City-based Centre for Economic Research and Teaching (Centro de Investigación y Docencia Económicas, CIDE) noted that the criminal justice bill remained stalled (18 Mar. 2005). 3. STATE INSTITUTIONS 3.1 Governance Established as a federal republic in 1917, Mexico has 31 states and one Federal District (Mexico 4 of 30 9/17/2013 8:10 AM Issue Papers, Extended Responses and Country Fact Sheets file:///C:/Documents and Settings/brendelt/Desktop/temp rir/STATE PR... City) (US Sept. 2004; Europa World Year Book 2004 2004). While Mexico maintains a presidential form of government, each state is an autonomous entity with " its own constitution, elected governor, and legislative chamber" ( Political Handbook of the World 2000-2002 2002, 724; The Economist 15 Oct. 2004). In addition, government power is divided among three branches: executive, legislative and judicial (US Sept. 2004; IFE n.d.a). Executive powers reside in the highest authorities of the country, namely the president of the republic, the governors of each state and the Federal District's chief of government ( jefe de gobierno) (ibid.). Federal legislative power is vested in the bicameral Congress ( Congreso de la Unión ), which is composed of a 128-member Senate ( Cámara de Senadores ) and a 500-member Chamber of Deputies ( Cámara de Diputados) (ibid.; CIA World Factbook 13 Jan. 2005). State legislative authority resides in the unicameral Local Congress (Congreso Local); in the Federal District, the legislative authority is called the Legislative Assembly (Asamblea Legislativa) (IFE
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