Professional Documents
Culture Documents
FOR JUSTICE
AND DIGNITY
HUMAN RIGHTS
DEFENDERS IN MEXICO
Amnesty International is a global movement of 2.2 million people in more than
150 countries and territories who campaign to end grave abuses of human rights.
Our vision is for every person to enjoy all the rights enshrined in the Universal
Declaration of Human Rights and other international human rights standards.
We are independent of any government, political ideology, economic interest
or religion – funded mainly by our membership and public donations.
All rights reserved. This publication is copyright, but 4/CONCLUSIONS AND RECOMMENDATIONS 24
may be reproduced by any method without fee for advocacy,
campaigning and teaching purposes, but not for resale. ENDNOTES 26
The copyright holders request that all such use be registered
with them for impact assessment purposes. For copying in GLOSSARY 28
any other circumstances, or for re-use in other publications,
or for translation or adaptation, prior written permission must
be obtained from the publishers, and a fee may be payable.
economic, social and cultural rights against human rights defenders, but
including poverty and environmental issues. also to enhance recognition of the crucial
The defence of these rights poses particular importance of their work. All human rights
challenges as they have historically been defenders are entitled to adequate
considered less important than other rights. protection, and Amnesty International is
Those working to strengthen economic, committed to ensuring that this protection
social and cultural rights frequently confront is inclusive, encompassing Indigenous
powerful economic interests and are human rights defenders and those
exposed to attack. The cases in this report defending economic, social and cultural
show how such attacks are often carried out rights, as well as those engaged in
by individuals or non-state actors who are defending political and civil rights.
frequently not held to account for their
actions, or by state actors acting partially The report ends with a series of
to defend and protect economic interests. recommendations to the state and federal
authorities in Mexico. A key element of this
Despite sometimes facing severe must be to tackle impunity, which is endemic
repression, human rights defenders working in Mexico.7 Impunity in cases of abuses
on economic, social and cultural rights in against human rights defenders fosters a Wake for Indigenous human rights defenders
Mexico continue to stand up for justice, climate of intimidation, fear and insecurity. Raúl Lucas Lucía and Manuel Ponce Rosas.
dignity and human rights. Often their
demands are misunderstood as purely
political demands and not as legitimate
human rights claims. The denial of
economic, social and cultural rights in
DEFENDERS AT
defenders in Mexico are sometimes at risk international law.
of being killed in relation to their work. The
killing of a human rights defender is not
© Private
immediately filed an official complaint with the between Mexico State and Morelos State.10
Mexico State PGJE in Tenancingo city. The Mexico
State PGJE delayed authorizing the search for The intimidation of members of the Zamora Aldo Zamora
the gunmen until three days after the incident. family, other environmentalists and municipal
Arrest warrants were not issued until 24 May. On officials continued for some days after the
1 August 2007, officers from the PGJE arrested murder. The state authorities deployed state
two of the men charged with the murder. At the police officers to the community and acts of
time of writing, both were in detention awaiting intimidation decreased. However, the fact that
trial. The other two men accused of involvement two suspects remain at large means human
in the killing remain at large. rights defenders in the area still fear reprisals.
© CEMDA
Fernando Mayén had been involved in a investigation appear to be very few. Two months
community campaign against a landfill site after the killing, an investigator was designated
for waste, including illegal toxic waste. The to the case by the state PGJE. Three months later,
community is concerned about the impact of another investigator interviewed the people who Fernando Mayén, killed in March 2008,
the landfill site on the environment and on the last saw Fernando Mayén alive. In September Mexico State.
forest, which provides water for the surrounding 2009, the state PGJE wrote to Amnesty
communities. Fernando Mayén and other International to confirm that it had also
community members set up the Technical requested help to carry out specialist tests from
Council of Jilotzingo Citizens (CTCJ) to stop the the PGR, but it was not clear when this request any action by the state authorities to find those
construction of the landfill site. On 27 July was made nor whether it had been granted. responsible for the crime. At the time of writing,
2007, in response to an injunction filed by Relatives and community members following no one had been identified in relation to
community members, a federal judge ordered the investigation of the case are not aware of Fernando Mayén’s murder.
Monterrey, Nuevo León State. His hands and feet and addresses, of four accomplices he alleged
had been tied and he had been severely beaten were also involved. The detainee was later
around the head and face. He died of his wounds. sentenced to more than 20 years in prison after
Nothing was stolen from the office. being found guilty of first degree murder. At a
press conference, state and federal authorities
Santiago Rafael Cruz had worked for FLOC in the handling the case claimed that the crime had
USA for four years before joining the office in been solved and that Santiago Rafael Cruz was
Monterrey as co-ordinator in February 2007. A murdered because he took a bribe to arrange
large part of his job was to advise farm workers some papers for some migrant workers. When
going to the USA as part of the H2A Guest relatives reviewed the confession of the sole
Workers’ Programme, on their human rights convicted detainee, they found no information
and the minimum work conditions they should on file relating to this version of events.
Santiago Rafael Cruz, killed in April 2007, be entitled to.11 FLOC members in Monterrey
Nuevo León State. have been the targets of harassment and, after To date, no explanation is available as to why
the killing on 9 April 2007, the Inter-American the state PGJE has failed to seek the arrest of
Commission on Human Rights (IACHR) issued other suspects in the case.
precautionary measures in favour of four
members of FLOC in Monterrey.12 These
protection measures are being implemented
as agreed between FLOC members and the
Mexican government.
MISUSE OF THE CRIMINAL Repeated arrests and pending charges not UN Declaration on Human Rights
JUSTICE SYSTEM only hamper defenders’ work, but they also Defenders and some international human
put defenders and their families under rights treaties ratified by Mexico state that
Over the last three years, Amnesty undue psychological and financial pressure, such protests can be a legitimate way of
International has received numerous reports and cast doubt on the legitimacy of their promoting the defence of human rights.16
regarding human rights defenders who have work. By using the criminal justice system
been wrongfully detained and have faced in this way, a false link is created in the International human rights standards set
prosecution by both state and federal public mind between human rights out strict guidelines on when restrictions
authorities on the basis of fabricated or defenders and criminal activities. This can legitimately be placed on the rights to
flawed evidence.13 Some have the threat of in turn can increase the risk of further freedom of expression, association or
arrest hanging over them for years because harassment and deter people from assembly.17 A peaceful protest should not
warrants are issued – often on spurious expressing explicit support or becoming be considered or treated in itself as
grounds – but not acted on. Others are involved in human rights work. “incitement” to violence or disorder.18 Yet the
detained on the basis of flawed evidence following cases illustrate how both state and
which is often later dismissed as baseless Keeping charges or arrest warrants pending federal authorities have used the criminal
and unreliable by appeal courts, but only for long periods means that the threat of justice system not only to punish individuals
after protracted and damaging prosecutions arrest and prosecution is ever-present. The for their human rights work, but also to
have been initiated. All too often, defenders threat of possible prosecution by the state prevent peaceful protest.
living in poverty are most at risk of or federal authorities can have a chilling
these abuses. effect on defenders, deterring them from The detention, with or without an authorized
pursuing their human rights work. As the arrest warrant, of members of human rights
Both federal and state authorities have been Special Representative of the UN Secretary- or social organizations can be considered
implicated in falsely incriminating human General on Human Rights Defenders stated arbitrary when such measures are intended
rights defenders and their work. The in a report to the UN Human Rights to prevent human rights defenders from
involvement of state and federal officials Council, “criminal prosecution and judicial carrying out their legitimate work or are
in discrediting the work of human rights repression are being used to silence human used as a form of punishment. Harassment
defenders, for the purpose of curbing rights defenders and to pressure them into of this nature by the state contradicts
legitimate human rights activities, suggests a discontinuing their activities. These actions guidelines laid down by the UN Working
strong disregard in some official institutions amount to attempts at controlling civil Group on Arbitrary Detention.
for human rights work and international society and undermining its freedom,
human rights standards and principles. independence, autonomy and integrity”.14
All five men were charged with the murder of On 20 October 2008, a federal appeal judge
© Amnesty International
Alejandro Feliciano García on 1 January 2008 ruled that the evidence presented did not
in the town of El Camalote, Guerrero State. Raúl implicate four of the five accused of the killing.
Hernández was accused of shooting Alejandro They were released on 19 March 2009 after a
Feliciano García; the other four were accused of higher federal tribunal confirmed their appeal.
instigating the crime on the basis of their alleged
participation in an OPIM meeting the day after The sole detainee accused of the shooting, Raúl
the shooting. The only evidence against the five Hernández, remains in detention, awaiting trial. Raúl Hernández, a prisoner of conscience since
men consisted of two almost identical witness April 2008.
testimonies, which appear to have been Amnesty International believes that Raúl
rehearsed, and a statement based on hearsay. Hernández and other members of OPIM have for human rights violations. Among the cases
The witnesses did not come forward until three been targeted to punish them for their they have pursued are the forced sterilization of
days after the incident, when a local cacique took successful human rights work. They have 14 male members of OPIM in 1998 and the rape
them to the Guerrero PGJE. The cacique, who was promoted small-scale economic and social of Inés Fernández and Valentina Cantú, two
accused by OPIM members of persistent development projects to improve the living Me’ phaa Indigenous women, by members of
harassment, acted as the witnesses’ interpreter. conditions of their communities and have the military in 2002, currently with the Inter-
consistently campaigned for an end to impunity American Court of Human Rights.
Cipriana Jurado was accused in 2008 of the Despite having won an appeal in her favour
federal offence of “attacks on public roads”. demonstrating that the evidence brought by the
© Private
Jesús Emiliano’s detention was requested by protesters and showed that the path to the
the PGR and initially he was informed that the Ministry’s door was not obstructed. The protest
charges against him were linked to the ended peacefully.
demonstration in October 2005 on the Puente Jesús Emiliano
Internacional (see the case of Cipriana Jurado
above). However, when his defence lawyer
gained access to the files, he discovered that
some of the documentation had been removed ‘Just for protesting together with other campesinos they issued
and that the charges related to his an arrest warrant.’
participation in a different demonstration to
demand support for poor small-scale farmers Jesús Emiliano
on 20 February 2007 outside the offices of
© Private
the Regional Council for the Development of the Cándido Felix was released on bail the same day. On 28 September 2007,
Indigenous Me’ phaa Bathaa People – Bathaa- On 18 October 2007, he was detained again in Cándido Felix was
speaking (CRDPIMP). In 2007 he was detained connection with this protest but in relation to a detained again by state Cándido Felix
by the state authorities four times for his new charge, the federal crime of “attacks on judicial police and
participation in peaceful demonstrations public roads”. Again he was released on bail charged with riot, which
demanding bilingual education for the Indigenous the same day. In both legal proceedings the only the state authorities alleged he participated in
Me’ phaa Bathaa children20 in Guerrero State evidence against Cándido Felix seems to be at a public commemoration of Vicente Guerrero,
and the improvement of a road that connects contradictory testimonies of state agents and a a national hero, in the municipality of Tixtla.
the different Me’ phaa Bathaa communities.21 photograph showing him with other local human Cándido Felix claims he is being charged in
rights defenders talking to the Ministry of connection with violent incidents that took place
At least 17 arrest warrants against other Education representatives. before his arrival in Tixtla. According to his
activists have been issued in connection with the lawyer, the sole evidence against him is a film
protests, although none has yet been enforced. On 8 June 2007, Cándido Felix was detained by and some photographs of the confrontation in
In addition, five leading members of CRDPIMP state judicial police officers and charged with which he does not appear. He was released on
have been detained for short periods before the state crime of “attacks on public roads” in bail the following day.
being released. connection with a demonstration for the
improvement of a public road connecting Tlapa Each time Cándido Felix was released on bail,
On 5 February 2007 Cándido Felix was arbitrarily with Metlatonoc, two towns inhabited by Me’ the costs of the bail conditions were met by his
detained and charged by the Guerrero PGJE with phaa Bathaa Indigenous communities. Cándido community, imposing a considerable burden on
the crime of “illegal deprivation of liberty”. The Felix was released on bail the same day and in a community with scant financial resources.
state authorities accused him of illegally July 2009 a state judge dismissed all charges Criminal charges against him remain pending
preventing two government officials from leaving against him for lack of evidence. The PGJE in three of these proceedings.
© Amnesty International
Domingo Ixcatlán and Chalcatongo de Hidalgo, Luz Martínez who was inside the building. The
two communities involved in a long-standing PGJE office in Tlaxico, which is investigating
land dispute involving the local cacique. the threats, has carried out some forensic tests.
However, those responsible for the threats and
On 22 and 23 May 2008, María de la Luz Martínez acts of intimidation are yet to be identified
received threats and insults from relatives of the and brought to justice.
cacique; on one of these occasions the cacique’s Maurilio Santiago (left ) and María de la Luz
father approached her, tried to grab her head in On 19 May 2008, the IACHR granted Martínez (far right ) with CEDHAPI colleagues
his hands and threatened to kill her. precautionary measures for María de la Luz
Martínez and 59 other members of the community
On 30 April 2008, María de la Luz Martínez’ who witnessed the murder. Three weeks later,
father, fiancé and uncle – Melesio Martínez, the IACHR extended the precautionary measures
Gustavo Castañeda and Inocencio Medina – to another 117 inhabitants of Santo Domingo
all three community leaders in Santo Domingo Ixcatlán. Despite these measures, María de la
Ixcatlán, were murdered. Since the murders, Luz is not receiving any protection and she is at
María de la Luz Martínez and Maurilio Santiago, risk of further abuses.
© Amnesty International
every day, taming it. But the the problems of child pornography and
trafficking of women in Quintana Roo State. One
post traumatic stress is endless. incident involved a death threat sent to her blog
It is impossible to heal when on 19 May 2009. It read: “Dear lidia cacho [sic]
get ready to have your throat cut, your lovely
every time you gain stability head will be left outside your apartment, let’s Lydia Cacho
the threats come back.’ see how brave you are.” In the same month,
Lydia Cacho Lydia Cacho’s home and workplace, the However, these measures are yet to be
Integrated Centre for the Attention to Women implemented, including those regarding the
(CIAM), were under surveillance by unidentified investigations into the threats. No measures
men. On 10 August 2009, the IACHR granted have been taken to investigate and no one
precautionary measures for Lydia Cacho, her has been identified or brought to justice for
family and CIAM employees. these acts.
FOR HUMAN
for human rights defenders at risk, ensuring to take action to remedy and not repeat the
accountability and transparency; and abuse.27 As these recommendations are not
prompt and effective investigations into binding, their implementation depends
the specific measures needed. However, included under Strategy 1.4. This aims to human rights defenders at risk is through
Amnesty International has found that once guarantee spaces for the safe and effective the intervention of the Inter-American
cases are passed to the Ministry of the participation of civil society in the Commission on Human Rights.”32
Interior there is little clarity on the process elaboration of public policies and highlights
for implementation, the allocation of the need to: Article 25 of the Rules of Procedure of the
resources or how and when the protection IACHR allows for precautionary measures to
measures will be monitored or evaluated. Strengthen the mechanisms of dialogue be ordered in serious and urgent cases. The
and participation with civil society; IACHR can request that the state concerned
In 2007, more than a dozen human rights adopt precautionary measures to prevent
organizations submitted a detailed proposal Create a sub-commission to address irreparable harm to individuals. Similarly,
to the Minister of the Interior, to support the public policy on human rights; the Inter-American Court of Human Rights
implementation of recommendations made can adopt provisional measures in order to
to the governments of the Americas in the Define when special protection should prevent irreparable damage to people at
2006 Regional Report of the IACHR on the be provided for human rights defenders; risk, under Article 63 of the American
situation of human rights defenders. Convention on Human Rights and the Rules
The proposal contained a request for the Establish a protocol for investigating of Procedure of the Court, adopted in 2004.
establishment of a system of protection for crimes against human rights defenders;
human rights defenders. Despite the The fact that in some cases the state itself
positive interest initially shown by Disseminate training on human rights requested protection measures from the
the federal authorities, human rights to civil society organizations; IACHR, shows how important this system is
organizations are still to receive a response for the protection of human rights defenders
to these specific proposals.30 Support civil society projects on the in Mexico.
promotion and defence of human rights.
On 29 August 2008, the Mexican International mechanisms for the protection
government adopted a National Human Although only binding at federal level, this of human rights should, however, only be
Rights Programme within the context of is an important initiative. Each of the requested when there are no domestic
its National Development Programme Programme’s elements requires detailed mechanisms of protection or when those
2007-2012.31 development in order to produce mechanisms are not effective in protecting
improvements in how human rights work the person at risk.33 The heavy reliance on
The National Human Rights Programme is valued and in protection for human rights international mechanisms shown in many
was adopted by presidential decree in defenders at risk. In December 2008, the of the cases highlighted in this report
August 2008. It is binding on all federal Unit for the Promotion of Human Rights underlines the weakness and inadequacy of
government institutions but not states. The of the Ministry of the Interior was given domestic mechanisms for the protection
Programme develops four main areas: responsibility for the implementation of human rights defenders at risk in Mexico.
the inclusion of a human rights perspective of the Programme.
in public policies; co-ordination and
collaboration among the different The Inter-American system is an important
institutions of the state at all levels; the source of protection measures for Mexican
promotion of a human rights culture; and human rights defenders. Human rights
the harmonization of legislation. A organizations in Mexico have explicitly said
component on human rights defenders is that “the only way to obtain protection for
RECOMMENDATIONS
defenders can amount to arbitrary arrest
or detention if it is carried out with the
intention of stopping or impeding their work.
defenders at the UN Universal Periodic Declaration among state officials and within measures should not involve any institution
Review in February 2009. The authorities the institutions that administer justice. or official who might have been linked to
must now convert these commitments into human rights abuses against defenders.
concrete results for civil society and human 5. Ensure that the criminal justice system
rights defenders at risk. is not used to target or harass human rights 9. Adopt prompt, effective and impartial
defenders, and make clear to judicial measures to provide remedy to human
RECOMMENDATIONS authorities that the detention of human rights defenders who have suffered an
rights defenders, with or without arrest attack or are at risk of attack. This remedy
Amnesty International urges the Mexican warrants, can be considered arbitrary, if should include prompt and impartial
government to fulfil its international human the intention is to prevent, limit or silence the investigation to bring those responsible to
rights obligations by undertaking to: defence of human rights. justice and specific protection measures
to avoid irreparable harm. Periodic reports
1. Prioritize the protection of human rights 6. Increase tolerance of peaceful public on the progress of investigations should
defenders, in particular those who are most actions and protests as a legitimate way to take place and defenders kept informed
exposed to risk: those defenders working promote human rights. Limitations to the of advances. Failure of municipal or state
on Indigenous peoples’ human rights freedoms and rights of those involved in authorities to act should trigger federal
and those working on economic, social and public actions and demonstrations for the intervention to ensure compliance.
cultural rights. defence of human rights should be imposed
only in accordance with international 10. Ensure an environment in which it is
2. Ensure prompt, impartial and exhaustive human rights obligations and only when possible to defend human rights without
investigations into allegations of abuses necessary and proportionate. fear of reprisal or intimidation and take
against human rights defenders in order measures to deal with the causes
to prevent further risk, identify those 7. Stop bringing criminal charges against underlying the attacks.
responsible, bring them to justice and those taking part in legitimate peaceful
ensure that crimes cannot be repeated. protests or demonstrations. The authorities 11. Review and strengthen the role that
should only bring criminal charges against the human rights commissions can play
3. Explicitly recognize the legitimacy of demonstrators when there is reliable in the protection of human rights defenders.
human rights defenders’ work, in particular evidence of individual criminal acts and The National Human Rights Commission
the legitimacy of those working on the required elements of the criminal and the state human rights commissions
economic, social and cultural rights, at the offence have been met. should review their practice and improve
federal, state and municipal levels. This dialogue with defenders.
should include making public statements 8. Develop the provisions on human rights
acknowledging their contribution to the defenders contained in the National Human
advancement of human rights, and by Rights Programme and ensure their
making it clear that statements undermining enforcement at state and municipal levels.
defenders’ work will not be tolerated. A comprehensive programme should include
the establishment of an effective and readily
4. Promote the UN Declaration on Human accessible mechanism to protect human
Rights Defenders and disseminate this rights defenders at risk. Protection
ENDNOTES
1 The Office of the UN High Commissioner of Human Rights in Mexico Human Rights, Article 2 of the ICCPR, Article 14 of the Convention
published the report Defending Human Rights: Between Commitment against Torture and Other Cruel, Inhuman or Degrading Treatment or
and Risk on 13 October 2009; in this report more than 100 incidents of Punishment, Article 8 of the International Convention for the Protection
abuses committed in Mexico between 2006 and 2009 are documented. of All Persons from Enforced Disappearance; Article 25 of the American
Available at www.hchr.org.mx/documentos/informes/informepdf.pdf Convention on Human Rights. Article 11 of the UN Basic Principles and
(accessed on 14 October 2009). Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of
2 Mexico is a Federal Republic with 31 states and the Federal District.
International Humanitarian Law stipulates: “Remedies for gross violations
There is a federal executive, legislature and judiciary. The Mexican
of international human rights law and serious violations of international
Constitution sets out the relation between federal and state governments,
humanitarian law include the victim’s right to the following as provided for
which are “free and sovereign”, each with its own constitution, executive,
under international law: (a) Equal and effective access to justice; (b)
legislature and judiciary. Each state also has its own law enforcement
Adequate, effective and prompt reparation for harm suffered; (c) Access
police, judicial police and Public Prosecutor’s Office. State criminal codes
to relevant information concerning violations and reparation mechanisms.”
establish proceedings and punishments for all offences that are not
federal in nature. Federal offences are primarily international or cross- 10 Seventy-five per cent of the water supplied to Mexico City comes from
state crimes, including organized crime and offences against or by the this biological corridor, which is also home to a variety of animals and
federal administration. All other offences fall within the jurisdiction of the plant species. See: www.greenpeace.org/mexico/news/ajusco-
state authorities. chichinautzin-una-regi (visited 5 October 2009).
3 Article 1 of the UN Declaration on the Right and Responsibility of 11 In 2005, FLOC had won a legal ruling in North Carolina requiring
Individuals, Groups and Organs of Society to Promote and Protect ranchers to pay the cost of recruiting H2A workers from Mexico. This
Universally Recognized Human Rights and Fundamental Freedoms. helped undercut corrupt practices, such as bribes and excessive fees.
FLOC members carried out training sessions for farm workers in various
4 More information on the UN Special Rapporteur on the situation of
parts of Mexico, including Monterrey, where many migrants and migrant
human rights defenders is available at:
labour recruiting agents (enganchadores) gather to arrange seasonal farm
www2.ohchr.org/english/issues/defenders/index.htm
work in the USA.
(visited 30 October 2009).
12 Precautionary or preventive measures are international legal
5 Latest resolutions adopted by the OAS General Assembly on Human
mechanisms to request that state authorities adopt the necessary measures
Rights Defenders: June 2009 AG/RES. 2517; June 2008: AG/RES. 2412;
to prevent irreparable harm to people whose safety is at risk.
June 2007: AG/RES. 2280.
13 During the 1980s, 1990s and 2000s Amnesty International adopted
6 “Discrimination against indigenous people can be seen in low human
many prisoners of conscience. Most of these were local campesino and
and social development indices, extreme poverty, inadequate social
political leaders detained for their beliefs or non-violent protest activities
services.” (UN Special Rapporteur on the situation of human rights and
on the basis of fabricated evidence or confessions extracted under
fundamental freedoms of indigenous people, Report on Mission to
torture. The misuse of the criminal justice system to persecute opponents
Mexico, E/CN.4/2004/80/Add.2, 23 December 2003, p2). In its 2008
is common in Mexico. See Amnesty International’s reports Mexico: Daring
report to the UN Human Rights Council, Mexico acknowledged that “the
to raise their voices (Index AMR 41/040/2001) and Mexico: Laws without
country has more than 10 million indigenous people, who account for 9.8
justice – Human rights violations and impunity in the public security and
per cent of the total population... In 2002, approximately 89.7 per cent of
criminal justice system (Index: AMR 41/002/2007).
the indigenous population was living in poverty, and some 68.5 per cent
of them in extreme poverty.” (Human Rights Council, National Report 14 Report submitted by the UN Special Representative of the Secretary-
Submitted in Accordance with Paragraph 15 (A) of the Annex to Human General on Human Rights Defenders to the Human Rights Council,
Rights Council Resolution 5/1: Mexico. A/HRC/WG.6/4/MEX/1, A/56/341, 10 September 2001, para21.
10 November 2008, paragraphs 114 and 118).
15 IACHR, Report on the Situation of Human Rights Defenders in the
7 In 2008 the National Human Rights Commission estimated that those Americas, 2006, para51.
responsible for between 98 and 99 per cent of crimes are never brought
16 See, for instance, Article 5 of the UN Declaration on Human Rights
to justice. (Comisión Nacional de Derechos Humanos. Informe de
Defenders, Articles 18 to 22 of the ICCPR, and Articles 12 to 16 of the
Actividades, México, 2008, p16; available at
American Convention on Human Rights.
www.cndh.org.mx/lacndh/informes/anuales/InformeActividades_2008.pdf,
visited 5 October 2009). 17 International law establishes that such restrictions must be: clearly set
out in law, legitimate (aim at protecting others’ human rights, public
8 Article 6 of the ICCPR and Article 4 of the American Convention on
order, national security or public health or morals), necessary and
Human Rights.
proportionate. See Article 17 of the UN Declaration on Human Rights
9 The right to effective remedy for grave human rights abuses under Defenders, Articles 19, 21 and 22 of the ICCPR, and Articles 13, 15 and
international law is established in Article 8 of the Universal Declaration of 16 of the American Convention on Human Rights.
18 “Restrictions on public demonstrations must be intended exclusively to ICCPR, ratified by Mexico on 23 March 1981, and its two Optional
prevent serious and imminent danger, and a future, generic danger would Protocols, ratified by Mexico on 15 March 2002 and 26 September
be insufficient… The right to assemble or demonstrate cannot be 2007).
considered synonymous with public disorder for the purpose of restricting
26 IACHR, Report on the Situation of Human Rights Defenders in the
it per se… Accordingly, restrictions on the exercise of these rights are
Americas, 2006, para30.
serious obstacles to the people’s ability to vindicate their rights, make
known their petitions, and foster the search for changes or solutions to 27 The Monitoring by the Human Rights Commissions is limited to the
the problems that affect them.” (IACHR, Report on the Situation of Human investigation of abuses of authority. It does not scrutinize civilian or
Rights Defenders in the Americas, 2006, paragraphs 51, 58 and 60). military court proceedings or trials, or criticize civilian or military judicial
decisions.
19 This criminal norm aims to sanction behaviours that disrupt the
economy of the country or the country’s defence capacity. See Article 28 In February 2009, the Director of the Human Rights Commission in
140 of the Mexican Federal Criminal Code. Guerrero State told Amnesty International that in at least two cases in
which he had requested specific protection measures on behalf of human
20 In 2006, after persistent requests by CRDPIMP to the state authorities
rights defenders, the recommendations had been partially ignored or
to appoint bilingual schoolteachers and improve the quality of education,
ineffective.
the state authorities finally agreed to take action. Three years later, only
16 of the promised 47 Me’ phaa Bathaa-speaking schoolteachers have 29 IACHR, Report on the Situation of Human Rights Defenders in the
been appointed, three schools remain closed and discrimination and poor Americas, 2006, para326.
quality education persist. 30 Propuestas de Medidas de Cumplimiento de las Recomendaciones de
21 Around 5,000 children belonging to the 28 Me’ phaa Bathaa la Comisión Interamericana de Derechos Humanos, contenidas en el
communities are of school age, but not all have access to the bilingual Informe sobre la Situación de las Defensoras y Defensores de los
primary education to which they are entitled. These communities are Derechos Humanos en las Américas, tendientes a la construcción de una
located within the municipalities of Atlamajalcinco del Monte, Metlatonoc política de Estado en la materia, available at: Observatorio para la
and Tlapa, all in Guerrero State. Metlatonoc has been described by the Protección de los Defensores de Derechos Humanos, MÉXICO:
UN Development Programme (UNDP) as one of municipalities with the Defensores de derechos humanos frente a la mutación política y la
highest levels of poverty and the lowest levels of education in the world violencia, February 2009, www.omct.org/pdf/Observatory/2009/Informe_
(UNDP, Informe sobre Desarrollo Humano México 2004, México D.F. Mision_Mexico.pdf, page 90 (visited 5 October 2009).
2004, pp 3 and 54-57). 31 Programa Nacional de Derechos Humanos 2008-2012, available at
22 Security houses or casas de seguridad are places used by criminal http://www.derechoshumanos.gob.mx/archivos/anexos/
gangs to hold migrants while waiting for ransom to be paid. PROGRAMA_NACIONAL_DE_DERECHOS_HUMANOS_2008-2012.pdf
(visited 3 November 2009).
23 Alongside its formal constitutional structures, Mexico has a long
historical tradition by which informal political power is exercised by 32 Propuestas de Medidas de Cumplimiento de las Recomendaciones de
unofficial political bosses (caciques) who often receive from and grant la Comisión Interamericana de Derechos Humanos, contenidas en el
favours to elected officials with whom they are compadres. With or Informe sobre la Situación de las Defensoras y Defensores de los
without these cacique-compadre relationships, in many localities Derechos Humanos en las Américas, tendientes a la construcción de una
throughout Mexico political violence by those officially in power is política de Estado en la materia, available at: Observatorio para la
reported to be carried out in practice by caciques and their civilian armed Protección de los Defensores de Derechos Humanos, MÉXICO:
supporters, in exchange for favours by those officially in power. Defensores de derechos humanos frente a la mutación política y la
violencia, February 2009, www.omct.org/pdf/Observatory/2009/Informe_
24 See, for instance, the following Amnesty International reports: Women’s
Mision_Mexico.pdf, page 7 (visited 5 October 2009).
struggle for justice and safety: Violence in the family in Mexico (Index:
AMR 41/021/2008), Mexico: Ending the brutal cycle of violence against 33 “Precautionary and provisional measures fulfil subsidiary precautionary
women in Ciudad Juárez and the city of Chihuahua (Index: AMR functions vis-à-vis the protections that correspond to state itself”. (IACHR,
41/011/2004), Mexico: Indigenous women and military injustice (Index: Report on the Situation of Human Rights Defenders in the Americas,
AMR 41/033/2004) and Mexico: Intolerable Killings – 10 years of 2006, para117).
abductions and murder of women in Ciudad Juárez and Chihuahua
(Index: AMR 41/026/2003).
25 The responsibility established under Article 12 of the UN Declaration
on Human Rights Defenders is in line with the core human rights
obligations enshrined in the American Convention on Human Rights and
the International Bill of Human Rights (comprising the Universal
Declaration of Human Rights; the International Covenant of Economic,
Social and Cultural Rights, ratified by Mexico on 23 March 1981; and the
GLOSSARY
cacique Local political leader, often without official title.
CADHAC Citizens in Support to Human Rights (Ciudadanos en Apoyo a los Derechos Humanos)
campesino Local peasant farmer
CEDH State Human Rights Commission (Comisión Estatal de Derechos Humanos)
CEDHAPI Human Rights Centre and Consultancy for Indigenous Peoples (Centro de Derechos
Humanos y Asesoría para los Pueblos Indígenas)
CEDHEM Women’s Human Rights Centre (Centro de Derechos Humanos de la Mujer)
CFE Federal Electricity Commission (Comisión Federal de Electricidad)
CIAM Integrated Centre for the Attention to Women (Centro Integral de Atención a las Mujeres)
CISO Research and Workers’ Solidarity Centre (Centro de Investigación y Solidaridad Obrera)
CNDH National Human Rights Commission (Comisión Nacional de los Derechos Humanos)
CRDPIMP Regional Council for the Development of the Indigenous Me’ phaa Bathaa People –
Bathaa-speaking (Consejo Regional para el Desarrollo del Pueblo Indígena Me’ phaa de
la Variante Lingüística Bathaa)
CTCJ Technical Council of Jilotzingo Citizens (Consejo Técnico de Ciudadanos de Jilotzingo)
FCS Sinaloan Civic Front (Frente Cívico Sinaloense)
FLOC Farm Labour Organizing Committee (Foro Laboral del Obrero Campesino)
IACHR Inter-American Commission on Human Rights
ICCPR International Covenant on Civil and Political Rights
MNATEE National Movement against High Electricity Tariffs (Movimiento Nacional contra las Altas
Tarifas de Energía Eléctrica)
NHRC Our Daughters Return Home (Nuestras Hijas de Regreso a Casa)
non-state actors Refers to private individual or groups, not acting as representatives of a government or
an armed group. The term encompasses individuals; groups that exert informal authority
within a community; businesses, and so on.
OAS Organization of American States
OFPM Organization for the Future of Mixtecos Indigenous Peoples (Organización para el Futuro
de los Pueblos Mixtecos)
OPIM Organization of the Me’ phaa Indigenous People (Organización de los Pueblos Indígena
Me’ phaa)
PGJE State Attorney General’s Office (Procuraduría General de Justicia del Estado)
PGR Federal Attorney General’s Office (Procuraduría General de la República)
Precautionary International legal mechanisms to request that state authorities adopt the necessary
or preventive measures to prevent irreparable harm to people whose safety is at risk.
measures
PROFEPA Federal Prosecutor’s Office for the Protection of the Environment (Procuraduría Federal
de Protección al Ambiente)
UDHR Universal Declaration of Human Rights
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