Oaxaca: Ninth Anniversary of Murder of Bety Cariño y Jyri Jaakkola in San Juan Copala

May 11, 2019

Bety.png@La Voz de la Nahuac

On May 7th, in the framework of the ninth anniversary of Bety Cariño Trujillo and Jyri Antero Jaakkola (Finnish), human rights defenders killed in San Juan Copala, Oaxaca when they participated in a humanitarian caravan on April 27th, 2010, relatives and friends placed commemorative plaques on the Beam of Light and on the representation of the Oaxaca government in Mexico City. Omar Esparza Zarate, widower of Bety Cariño, said that “a plaque was installed symbolically on the victims of the country, and this monument has been considered by the victims of violence as the monument of corruption that was the scam of light, where the relatives of the victims and the members of the Movement for Peace and Justice have been placing plaques of their relatives who have been victims of insecurity, so this is a way of demanding justice.”

He denounced that nine years later, there is no interest from the authorities to solve the murders and that many inconsistencies have been detected in the investigations: “Until now we have nothing, we want to say that since November we have been looking for the approach with other bodies and we have not had an answer either.” He expressed his fear that the case be forgotten. He continues to demand that those responsible be punished, since two of those who had been arrested have already been released and six more have never been arrested. “They continue to walk around Oaxaca, and they are even in public office, such as the National Institute of Indigenous Peoples”, he said.

The lawyer David Peña, from the Action Group for Human Rights and Social Justice, explained that the two persons who were released were done so because “the federal and state governments have not specified the protection of witnesses and survivors of the attack, who have not been able to attend the hearings due to the risks that exist against them.”

For more information in Spanish:

Ataque en San Juan Copala, nueve años de impunidad (La Jornada, 7 de mayo de 2019)

Exigen justicia en la Estela de Luz (NVI Noticias, 8 de mayo de 2019)

PRONUNCIAMIENTO A 9 AÑOS DEL ASESINATO DE BETY CARIÑO Y JYRI JAAKKOLA (familiares y amigos de Bety Cariño, 27 de abril de 2019)

For more information from SIPAZ:

Oaxaca: Suspect in Murder of Human Rights Defenders in San Juan Copola in 2010 Arrested (January 31, 2019)

Oaxaca: MEPs Highlight Lack of Political Will Regarding Murder of Jyri Jaakkola and Bety Cariño (February 26, 2018)

Oaxaca/National: Another Suspect Implicated in the Murder of Defenders Bety Cariño and Jyri Jaakola Arrested (September 6, 2017)

Oaxaca: Seven Years of Impunity in Bety Cariño and Jyri Jaakkola Case (May 4, 2017)

Oaxaca: European Parliamentarians Again Denounce Impunity in Bety Cariño and Jyri Jaakkola Murder Case (March 6, 2017)

Oaxaca/International: Fifth Person Arrested in Bety Cariño and Jyri Jaakkola Murder Case (October 19, 2016)

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International: “Group of Litigants against Torture in Latin America” Formed

May 7, 2019

TorturePhoto @ La Jornada

 

In San Cristobal de Las Casas, Chiapas, lawyers from ten countries formed the Group of Litigants against Torture in Latin America. The group consists of 16 lawyers from ten organizations in the countries of Guatemala, El Salvador, Honduras, Colombia, Venezuela, Peru, Paraguay, Chile, Argentina and Mexico after analyzing patterns of torture that are replicated in various regions. It aims to “discuss common challenges, improve, strengthen and overcome obstacles in the fight against torture, an endemic practice that occurs in many ways in all nations.”

“The idea is to carry out common actions, as a single group (…) what we are doing is something unique, because we know it has never happened on the continent, which is the starting point of what will be a group of litigants or lawyers who fight against torture and impunity at a regional level in Latin America”, said Helena Sola Martin, in charge of the World Organization against Torture in Latin America (OMCT in its Spanish acronym), in an interview with La Jornada.

“The practice of torture does not only occur in one sector or in certain countries, but is general in women, migrants, indigenous and others, so it is a major challenge of work we have in the Fray Bartolome de Las Casas Human Rights Center (Frayba)”, said lawyer Gilberto Hernandez.

For more informatio in Spanish:

Abogados de 10 países conforman grupo litigante contra la tortura (La Jornada, 7 de abril de 2019)

Arman bloque legal contra tortura en AL (Zócalo, 11 de abril de 2019)

For more information from SIPAZ:

Nacional/Internacional: Alta Comisionada de la Organización de las Naciones Unidas para los Derechos Humanos visita México (10 de abril de 2019)

Chiapas: se lleva a cabo el Encuentro Encuentro “Por la Vida y la Memoria de nuestros Pueblos: Festival de la Palabra”. (29 de marzo de 2019)

Nacional/Internacional : México acepta 262 de las 264 emitidas por la ONU en el marco del Examen Periódico Universal (EPU) 2018 (18 de marzo de 2019)

Chiapas: Liberan a Diego López Méndez, preso de la organización Solidarios de la Voz del Amate (13 de marzo de 2019)


National/International: UN High Commissioner for Human Rights Visits Mexico

April 11, 2019

UNHCHR.pngMichelle Bachelet (@CINU)

At the end of her official visit to Mexico, which took place between April 5th and 9th, the United Nations Organization High Commissioner of the for Human Rights (UN-DH), Michelle Bachelet, said she was surprised by the levels of violence and the dimension of the human rights crisis in the country. “It was a surprise to me what I found. Without a doubt, the case of Ayotzinapa is well known by the press, but the 40 thousand disappeared was not something that was so clear, of the 26 thousand bodies without identification (in the forensic services). Or ten women murdered a day. I knew very well about the violence, but I had no idea of ​​the dimension (…) The data are terrifying.” She pointed out that Mexico has figures for violent deaths equivalent to a country at war: 252,538,000 since 2006.

She highlighted outstanding human rights issues in different areas, in particular regarding forced disappearances, femicides, violence against defenders and journalists, torture, abuses against migrants, as well as high poverty rates -especially in indigenous communities- and the need to carry out consultations in accordance with international standards, among others, in order to undertake megaprojects.

The High Commissioner also signed a collaboration agreement on the National Guard and another on the collaboration of the agency in charge of the investigation of the forced disappearance of the 43 student teachers from Ayotzinapa (Guerrero, 2014).

The former president of Chile stressed that the new authorities of the country “have recognized that Mexico has a human rights crisis,” that there is political will to move forward with the pending issues and that “President Lopez Obrador has expressed his willingness to implement a change of paradigm.” She stressed that in the case of the National Guard, the Mexican government is talking about “accountability, transparency, human rights indicators that allow us to see if the National Guard is indeed going in the right direction or is deviating.” “The office will not hesitate to raise the alarm if it sees that there is any type of situation that does not correspond to the spirit of what is sought and the spirit of the agreement”, she said.

In the Ayotzinapa case, she said: “My office will be an ally that will not hesitate to contribute to progress and at the same time will raise the alarm in case of non-compliance. We request to know the whereabouts of the boys”, she added.

For more information in Spanish:

Enfrentar las desapariciones forzadas es el problema central en México, insta Michelle Bachelet (ONU México, 9 de abril de 2019)

México tiene cifras de muertes violentas propias de un país en guerra: Bachelet (Proceso, 9 de abril de 2019)

La ACNUDH asesorará la creación de la Guardia Nacional (Proceso, 9 de abril de 2019)

Bachelet defiende a la sociedad civil: Es importante para la democracia, le dice al gobierno de México (Animal Político, 9 de abril de 2019)

Bachelet se va desolada de tanto horror en México: “No sabía de todo lo que me he encontrado…” (Sin Embargo, 9 de abril de 2019)

Bachelet: como una guerra, las muertes violentas en México (La Jornada, 10 de abril de 2019)

For more information from SIPAZ:

National: Consultative Council on Mechanism for Protection of Human Rights Defenders and Journalists (April 11, 2019)

National: Chamber of Deputies Approves Law that Creates National Guard after Three Months of Debate and Negotiation (March 9, 2019)

National / International: UN-DH denounces that 10 Human Rights Defenders have been murdered in Mexico until now in 2018

September 21, 2018

National / International: UN-DH denounces that 10 Human Rights Defenders have been murdered in Mexico until now in 2018 (September 21, 2018)


National/International: Centro Pro DH Urges Foreign Ministry to Accept UN Committee on Forced Disappearance

March 26, 2019

Disappeared

In a statement published on March 19th, the Agustin Pro Juarez Human Rights Center (Centro Pro DH in its Spanish acronym) reported that the Ministry of Foreign Affairs (SRE in its Spanish acronym) filed an appeal for review of an injunction ruling in favor of Maria Herrera Magdaleno and Juan Carlos Trujillo Herrera, mother and brother of the disappeared Raul, Salvador, Luis Armando and Gustavo Trujillo Herrera (in 2008 and 2010), the woman who called on the Foreign Ministry to decide on the acceptance of the expansion of the competence of the Committee against Enforced Disappearances of United Nations (CED) in individual cases in a period of 60 calendar days. She declared that this decision would allow “thousands of relatives of victims of disappearance to raise their cases with this international body.”

She said that the Foreign Ministry appealed the sentence stating that “it invades the sphere of competence of the Executive Power and that establishes a right that in its opinion does not exist: access to International Justice, in addition to granting a very short period to conclude the term of acknowledgment of competence of the CED Committee to hear about individual cases.”

The Centro Pro DH considered that this decision “represents a missed opportunity for the government of Mexico to recognize the competence of the CED Committee and to continue to demonstrate its commitment to human rights and international scrutiny.” It filed a motion for review again urging the Foreign Ministry to recognize this competence to hear individual cases in Mexico, “in line with the recognition that this administration has made on the grave humanitarian crisis the country is experiencing.”

It should be recalled that just on March 14th, the Mexican State accepted 262 of the 264 recommendations made in the framework of the Universal Periodic Review (UPR), also from the UN. 25 of them are related to the problem of forced disappearances, and one of them being the admission of the competence of the CED Committee to analyze individual cases.

For more information in Spanish:

Poder Judicial resolverá sobre competencia del Comité contra Desapariciones Forzadas de ONU (Comunicado de prensa del Centro de Derechos Humanos Agustín Pro DH, 19 de marzo de 20199

Prodh pide a la SRE aceptar competencia de comité de la ONU ante crisis de desapariciones (Proceso, 19 de marzo de 2019)

Cancillería se niega a reconocer competencia de casos de desaparición forzada ante la ONU (Heraldo de México, 19 de marzo de 2019)

Piden a SRE aceptar competencia de ONU sobre desapariciones en México (Aristegui Noticias, 19 de marzo de 2019)

La SRE no admite la competencia de Naciones Unidas en desapariciones (La Jornada, 20 de marzo de 2019)

Para más información de SIPAZ: 

National/International: Mexico Accepts 262 of 264 UN Recommendations from 2018 Universal Periodic Review (UPR) (March 21, 2019)

Guerrero/National: Commission for Truth and Access to Justice in Ayotzinapa Case Set Up. Federal Judge Orders Investigation into Possible Responsibility of Attorney General Employees for Irregularities (January 22, 2019)

International/National: Mexico’s 2018 Universal Periodic Review (UPR) (November 14, 2018)


National/International: Mexico Accepts 262 of 264 UN Recommendations from 2018 Universal Periodic Review (UPR)

March 21, 2019

UN.png

On March 14th, the Mexican State accepted 262 of the 264 recommendations issued by the United Nations (UN) Human Rights Council last November, in the context of the third Universal Periodic Review (UPR). It should be remembered that during these examinations, the situation of human rights in the assessed country is analyzed and each State makes a series of recommendations that are added to a final report.

The Mexican State took note of the recommendation proposed by the Vatican in the sense of “respecting and defending life from conception to natural death” on the grounds that it would be unconstitutional to accept it due to several resolutions of the Supreme Court of Justice of the Nation that guarantee the legal interruption of pregnancy for several reasons, for example in case of rape.

The second recommendation that Mexico did not admit was the ratification of the Kampala measures to the Statute of Rome, to attain a caregorization of the crime of aggression so that it can be made known to the International Criminal Court (ICC), requesting more time to make that decision.

Cristopher Ballinas, general director of Human Rights and Democracy of the Ministry of Foreign Affairs -which led the Mexican delegation- reported that the Mexican government would create a platform to process the more than 2,800 international recommendations that the country has received since 1994, which he proposes to do in collaboration with civil society organizations. He expressed that the decisions were taken to “maintain a policy of openness to scrutiny and collaboration with international organizations in the field of human rights, in parallel with the defense and enforcement at the national level.” He acknowledged that “the Mexican government is aware of the challenges that prevail in the country and is determined to take the necessary measures to guarantee the rule of law, based on a model that promotes the prevention of violence and the strengthening of institutions, the protection of human rights defenders and journalists, as well as the elimination of torture and other cruel, inhuman or degrading treatment or punishment.”

For their part, representatives of Mexican civil society at the event reiterated several concerns after the first 100 days of government of President Andres Manuel Lopez Obrador. On behalf of the Mexican Commission for the Defense and Protection of Human Rights, the defender Tita Radilla, daughter of Rosendo Radilla, victim of enforced disappearance in 1974, and actor Luis Gerardo Mendez, warned of the fact that “we are concerned that after only 100 days of management, 14 human rights defenders and journalists have been killed”, among other issues. They also expressed their concern about “the attempts of the president (Lopez Obrador) to discredit the work of civil society organizations, many of whom accompany victims of human rights violations and whose work is at risk in a hostile environment in their defense.” Gerardo Mendez also called for “the government of Mexico to undertake an adequate and effective communication and follow-up mechanism with civil society organizations, with human rights defenders and with victims, in order to fully comply with the recommendations made today and accepted by the government of Mexico.”

In turn, the president of the National Commission of Human Rights (CNDH in its Spanish acronym) Luis Raul Gonzalez Perez, urged the government of Lopez Obrador to ensure that the National Guard is led by a civilian command and that the Army withdraws from the streets in five years: “Security requires a comprehensive approach, not just reactive measures based on the use of force.” He stressed that “in the three cycles of the UPR, the issue of justice, security and the rule of law have led to multiple recommendations to Mexico and are currently cause for concern.” He also called on the government to “build bridges with the academy, with civil society, with autonomous agencies, with international organizations and something fundamental, that the victims are heard.”

For more information in Spanish:

Proteger a periodistas y activistas; frenar desapariciones y erradicar feminicidios, compromisos de gobierno de AMLO ante la ONU (Aristegui Noticias, 15 de marzo de 2019)

México admite 262 de 264 recomendaciones de ONU (La Jornada, 15 de marzo de 2019)

OSC reprueban gestión de AMLO en materia de derechos humanos ante la ONU (Proceso, 14 de marzo de 2019)

México: El EPU debe utilizarse para abordar retos fundamentales en materia de derechos humanos (Amnistía Internacional, 14 de marzo de 2019)

For more information from SIPAZ:

International/National: Mexico’s 2018 Universal Periodic Review (UPR) (November 14, 2018)

2018: México será examinado por el Consejo de Derechos Humanos de la ONU en el tercer ciclo del Examen Periódico Universal (EPU) (April 4, 2018)

National: 176 recommendations for Mexico during the second cycle of the Universal Periodic Review (UPR) (November 13, 2013)

Nacional: informe de OSC sobre DH rumbo al segundo Examen Periódico Universal (EPU) en octubre (July 12, 2013)


National/International: UN Special Rapporteur for Indigenous Peoples Calls on AMLO Government to Comply with International Standards on Indigenous Consultation for Megaprojects in their Territories

March 19, 2019

UN.pngVictoria Tauli Corpuz (@UNO)

In her “Technical Note on Consultation and Free, Prior and Informed Consent of Indigenous Peoples in Mexico” published on March 5th, Victoria Tauli-Corpuz, United Nations Special Rapporteur on the Rights of Indigenous Peoples, called on the government of Andres Manuel Lopez Obrador to comply with the international standards of the indigenous consultation regarding megaprojects in their territories. Given the “investment projects announced by the Government that could affect the rights of indigenous peoples and in particular, the intention to conduct citizen consultations to gather the opinion of the national population in general on the execution or not of those projects”, she said, “there is a lack of clarity on how the planned consultations will take into account the obligations of the Mexican State to implement specific processes of prior consultation with the potentially affected indigenous peoples in order to obtain their free, prior and informed consent.” She stressed that “the processes of citizen consultation designed for the national population in general do not guarantee the safeguards of the rights of the indigenous peoples enshrined in the international standards of rights of the indigenous peoples”; specific rights “that derive from the distinct nature of the cultural models and histories of indigenous peoples, and because current democratic processes are usually not enough to address the particular concerns of peoples, who are generally marginalized in the political sphere.”

Victoria Tauli-Corpuz added that “through the publication of the technical note, I would like to contribute to the understanding and due implementation, by representatives of the State and indigenous peoples, of the international standards of human rights contained in the Declaration of the United Nations on the rights of indigenous peoples, whose adoption in 2007 was decidedly driven by Mexico, Convention No. 169 of the International Labor Organization and other international instruments and jurisprudence regarding the rights of indigenous peoples to consultation and prior informed consent that bind the State of Mexico.”

She said she would visit Mexico from March 11th to 16th, and that she was willing to meet with representatives of the federal government to address the issue.

For more information in Spanish:

Nota técnica sobre la consulta y el consentimiento libre, previo e informado de los pueblos indígenas en México (ONU, 28 de febrero de 2019)

Relatora de la ONU recuerda al gobierno federal que consulta indígena es obligatoria (Desinforménonos, 16 de marzo de 2019)

Consultas ciudadanas de Federación no garantizan derechos de pueblos: ONU (Ángulo 7, 14 de marzo de 2019)

For more information from SIPAZ:

National/International: UN Special Rapporteur on Rights of Indigenous Peoples Presents Report in Mexico City One Year after her Visit (October 22nd, 2018)

National / International: Special Rapporteur on the Rights of Indigenous Peoples of the United Nations presents report on Mexico in Geneva, Switzerland (25/09/2018)

National/International: UN Special Rapporteur on the Rights of Indigenous Peoples Publishes Report after Visit to Mexico (21/08/2018)

National/International: Visit of the United Nations Special Rapporteur on the Rights of Indigenous Peoples to Mexico Ends (23/11/2017)

National–Mexico: Visit of UN Special Rapporteur on the Rights of Indigenous Peoples (12/11/2017)

 


National: Judge Recognizes Migrant Caravan Children and Adolescents as Refugees

March 6, 2019

Kids.pngPhoto @ SIPAZ

On February 18th, the Network for the Rights of Children in Mexico (REDIM) reported at a press conference that a Mexican judge issued a ruling, number 86/2018, in favor of the rights of migrant minors in Mexico.

According to information from Proceso, the ruling “provides ample protection” for migrant children “by recognizing that the Mexican State and particularly COMAR [Mexican Commission for Refugee Aid] omitted collectively to recognize refuge for all children and adolescents who are part of the caravans through the prima facie recognition contemplated in Mexican legislation (…) prima facie recognition means that, faced with a massive influx of asylum seekers, a situation that deserves collective protection is evident, without waiting for analysis of each individual case.”

The resolution means that COMAR must provide refugee status to all the children and adolescents that are part of the migrant caravans. If they want to obtain refuge in Mexico, they will get it in a “pre-approved” manner and it will not be necessary to carry out the usual procedure that normally lasts between six months and one year.

In addition, “Mexican institutions are obliged to recognize migrant children as a vulnerable population, to which the Mexican State has an obligation to protect, and neither they nor their families can be deported.”

They pointed out that the authorities have been omitted to provide comprehensive protection to migrant children and that the Mexican State is obliged to draw up an “intervention plan through a comprehensive diagnosis of protection needs.”

For more information in Spanish:

Instruyen a la Comar a acelerar calidad de refugiados a migrantes menores de edad (Proceso, 18 de febrero de 2019)

Conferencia de Prensa: Juez de amparo reconoce como refugiados a niñas niños y adolescentes de las caravanas migrantes. (REDIM, 18 de febrero de 2019)

For more information from SIPAZ:

International: IACHR Asks Honduras and Guatemala to Respect Human Rights (March 6th, 2019)

International/National: Registration of Humanitarian Visas for Migrants Closes

(February 12th, 2019)

International/Mexico: Xenophobic Violence Erupts Against Migrants in Tecun Uman

(February 1st, 2019)

National/International: 181 Countries Approve United Nations Global Pact for Refugees

(January 4th, 2019)

National/International: 164 Countries Approve UN Global Migration Pact (January 2nd, 2019)