A Panorama of the Defense of Human Rights in Mexico Initiatives and Risks of Mexican Civil Society Peace Brigades International | Mexico Project making space for peace A Panorama of the Defense of Human Rights in Mexico. Initiatives and Risks of Mexican Civil Society. 1 Acknowledgments Title: A Panorama of the Defense of Human Rights in Mexico: This publication is the result of the commitment and dedication of Initiatives and Risks of Mexican Civil Society many people who have participated in PBI’s work from the beginning and who have made this work possible. We especially want to thank Author: Peace Brigades International – Mexico Project and recognize the human rights defenders who have shared their time and their testimonies with us. It is also important to recognize the work Coordination and Editing: Graciela Martínez González of the volunteers who collaborated on the interviews, the transcriptions Distribution: Peace Brigades International – Mexico Project and the revision and editing of this work, giving their time, patience and Layout and Design: Nando Cornejo constructive criticism; we especially want to thank the team that carried Translation: Jamie Wick out the exploratory mission: Clara Arroyave, Ivi Oliveira, Lisa Pattison Printing: Taller de Sueños – Gabriela Monticelli and Rubens Carvalho. © Mexico, April 2013 Peace Brigades International | Mexico Project Medellín 33 Colonia Roma | 06700 Mexico, D.F. | Mexico Tel.:+52 (55) 5514 2855 info@pbi- mexico.org | www.pbi-mexico.org 2 A Panorama of the Defense of Human Rights in Mexico. Initiatives and Risks of Mexican Civil Society. Table of Contents 4 Introduction 62 Chapter 5: Economic, Social and Cultural Rights: Defenders of the right to live and work with dignity 6 Methodology Workers’ rights and trade union independence Cases 7 Map: Places visited by PBI In 2012 76 Chapter 6: Natural resources and megaprojects: Business, collective 8 The duty to defend, the duty to protect rights and water Who is a human rights defender? Business and human rights Human rights defenders at risk Water: Basic conditions for life International and regional protection mechanisms Cases Protection mechanisms in Mexico 88 Conclusion and Recommendations 13 Chapter 1: Excessive use of force and the abuse of power: Security, justice and human rights 92 Appendix Militarization in Mexico Structural problems in the security forces and in the adminis tration of justice Human rights violations in detention centers Cases 25 Chapter 2: Migrants in transit through Mexico: Human rights inside the borders “The Beast” Legal framework The work of shelters along migratory routes Risks and challenges of protecting migrants Access to justice and to authorities Cases 35 Chapter 3: Forced disappearance: From Tita to Delia, a never-ending pattern of impunity Disappearances in the current violent context The disappearance of women in Chihuahua “They were taken alive, we want them alive” Cases 49 Chapter 4: The right to equality and nondiscrimination: Violence against women and the LGBTI community A life free of violence Trafficking of women Discrimination and hate crimes against the LGBTI community Reforms, raising awareness, and sexual and reproductive rights Cases A Panorama of the Defense of Human Rights in Mexico. Initiatives and Risks of Mexican Civil Society. 3 Introduction Peace Brigades International (PBI) is an international non-govern- paniments and by expanding the geographic scope to include other mental organization with more than 30 years of experience opening spa- regions of the state. Through this work, the Project provided protection ces for peace and protecting human rights in conflict and post-conflict tools for four paradigmatic cases that would eventually be the subjects situations. PBI has supported individuals, communities and organiza- of judgments of the Inter-American Court of Human Rights (I/A Court tions in 11 countries since 1981 in their non-violent work to promote H.R.).1 fundamental rights and social change. During PBI’s more than 10 years of permanent presence in Guerrero, Recognized by the United Nations Organization (UN), PBI uses in- PBI has provided accompaniment to many organizations and human ternational accompaniment in order to protect the spaces for individuals rights defenders, including the Association of Relatives of the Detained, and local organizations that are the object of threats or aggressions Disappeared and Victims of Human Rights Violations in Mexico (AFA- related to their work. The presence of international observers alongside DEM), the”Tlachinollan” Human Rights Center, the Civil Monitor of the human rights defenders, combined with advocacy at the local, national Police and Security Forces of the Montaña in Guerrero (Mocipol), the and international level, aims to dissuade possible attacks against ac- Organization of Women Ecologists of the Sierra de Petatlan (OMESP), companied activists. and the Organization of Indigenous Me’phaa People (OPIM). PBI has also worked closely with other organizations in the state such as Radio PBI currently has teams in Colombia, Guatemala, Mexico, Kenya Ñomndaa.2 and Nepal, as well as exploratory missions in Honduras and Indonesia. In addition, PBI has 16 country groups in Australia, Europe and North During the social conflict in Oaxaca in 2006, a visible expression of America that raise awareness about the situation of at-risk human rights the rupture between the government and Oaxacan civil society, social defenders and form support networks that react in emergency situa- and human rights organizations had to address the numerous human tions. The international structure includes an International Secretariat rights violations in the state. PBI carried out periodic visits to the state and an International Office in London. and occasional accompaniments of human rights organizations. In response to the petitions received since then, PBI opened a new per- PBI’s activities in Mexico began in 1994, shortly after the Zapatista manent team in Oaxaca City in 2008. The following year, the Mexico uprising, when PBI received petitions to establish an international civil Project began to accompany the Center for Human Rights and Legal presence in Chiapas. In 1998, after several exploratory missions, PBI Advice for Indigenous Peoples (CEDHAPI) and the November 25th Libe- began to work in the country and decided that the best way to have an ration Committee. Currently the PBI team in Oaxaca accompanies the impact on the situation in Chiapas was by participating in International “Gobixha” Committee for the Comprehensive Defense of Human Rights Service for Peace (SIPAZ), a coalition of international organizations. (Codigo DH), the “Bartolomé Carrasco Briseño” Human Rights Center (Barca DH) and staff from the “Hermanos en el Camino” migrant shelter. The Project first opened an office in Mexico City and identified Gue- rrero as a priority state, based on the needs expressed by NGOs, the Mexico has profound social and regional inequalities and long- lack of international presence in the state, the weak social fabric, and standing discriminatory practices that have led to constant human rights harsh repression against human rights organizations. PBI accepted a abuses and unresolved conflicts. Many of these conflicts have to do with petition for accompaniment from the “Voice for those without a Voice” disputes for land and natural resources in contexts where multinational Human Rights Commission, and soon began to provide accompaniment and state-run companies also have interests. Human rights violations in the state. In 2001, PBI installed a permanent team in the state’s capi- occur in contexts in which the State has failed to ensure that interna- tal, Chilpancingo. tionally recognized collective rights are respected, has not guaranteed access to basic resources, and has not protected the right to a clean In the aftermath of the assassination of human rights defender Digna environment. Ochoa in 2001, PBI increased its activities in Mexico City. In 2002, PBI 1 Cases: “Radilla Pacheco”, “Fernández Ortega et. al”, “Rosendo Cantú et. al” and “Cabrera García and began to accompany the Cerezo Committee. At the same time, PBI Montiel” v. Mexico 2 For more information about the work of human rights defenders in Guerrero and PBI’s work in the state, strengthened its work in Guerrero by increasing the number of accom- please see: Human rights defenders in the state of Guerrero: Cases of resistance and initiatives from civil society regarding the defense and promotion of fundamental rights in Mexico, PBI Mexico, Mexico, December 2007. 4 A Panorama of the Defense of Human Rights in Mexico. Initiatives and Risks of Mexican Civil Society. In addition, the context of violence in Mexico, a result of the military strategy against drug trafficking and organized crime, has increased the vulnerability of the Mexican people. The governmental security policies have not been able to guarantee adequate protection of civil and political rights for all people. According to national and international reports, in the last presidential term, human rights violations like torture, extrajudi- cial executions, forced disappearance and feminicide have increased. Human rights defenders have repeatedly criticized the fact that the large majority of these violations remain in impunity and that the government’s military focus has allowed abuses by security forces to increase. The State’s inability to guarantee the protection and integrity of human rights defenders has led to