International/National : Un Human Rights Committee Issues 48 Human Rights Recommendations for Mexico

On November 7th, at the end of Mexico’s sixth periodic review of the implementation of the International Covenant on Civil and Political Rights (ICCPR), the Human Rights Committee of the United Nations (UN) issued 48 recommendations.

Among the main ones, the Committee gave the Mexican State a period of two years to “advance in the process of formation of the National Guard as a civil institution.” It expressed concern “for the militarized nature of law enforcement in general, including the National Guard, and for the lack of a clear timetable on the withdrawal of military force in civic security tasks.”

On the other hand, it lamented the lack of progress in the case of the forced disappearance of the 43 students of the Normal Rural School of Ayotzinapa (Iguala, Guerrero, 2014) and urged to “strengthen the research capacity and independence of all the actors involved in the investigation, including prosecutors and experts, as well as ensuring the consolidation of the accusatory system and the autonomy of the institutions of law enforcement.”

A third recommendation, also with a period of two years to assess progress, is the situation of vulnerability of journalists and human rights defenders. The Committee requested that more resources be allocated towards the prevention of aggressions towards these two sectors as well as an exhaustive investigation in case they occur.

Another concern raised is the mistreatment of migrants, including cases of torture and cruel, inhuman and degrading treatment, enforced disappearances, extortion, trafficking, murder and other crimes, in a context of increased migration flows from Central America to the United States and pressures from US government to the Mexican government to stop them. It expressed concern about the widespread use of detention many times by force. It also said it was concerned about the implementation of the Migrant Protection Protocols, which require that asylum seekers in the United States remain in Mexican territory during their processing.

On a positive note, it valued the approval of laws such as the Law to Prevent, Investigate and Punish Torture or the Law on the Forced Disappearance of Persons (both from 2017), although it regretted their slow application. In the case of the General Victims Law, it considered its implementation “insufficient” and therefore urged “the State party to provide the bodies responsible for applying the General Victims Law with the necessary resources, adequate training and effective control mechanisms so that victims of human rights violations promptly receive comprehensive reparation… The State party must also ensure, even through legislative reforms, a fast and efficient procedure to achieve legal recognition of the quality of victims.”

For more information in Spanish:

Comité de Derechos Humanos Observaciones finales sobreelsexto informe periódico de México (CCPR, 7 de noviembre de 2019)

Señala ONU violación de derechos de migrantes en México (La Jornada, 7 de noviembre de 2019)

ONU le da dos años a México para desmilitarizar la Guardia Nacional y resolver caso Ayotzinapa (Animal Político, 7 de noviembre de 2019)

La ONU-DDHH pide desde Ginebra a México desmilitarizar la Guardia Nacional y apurar caso de los 43 (Sin Embargo, 7 de noviembre de 2019)

Desmilitarizar la Guardia Nacional y resolver caso Ayotzinapa pide ONU a México (Radio Formula, 8 de noviembre de 2019)

For more information from SIPAZ:

International/National: UN High Commissioner for Refugees (UNHCR) Ends Mexican Visit while African Migrants Protest in Tapachula (October 7, 2019)

Internacional/Nacional: Alta Comisionada de la ONU para Derechos Humanos expresa preocupación ante varios pendientes en derechos humanos en México (5 de septiembre de 2019)

National/International: UNO Presents Diagnostic of Protection Mechanism of Human Rights Defenders and Journalists (September 2, 2019)

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

National: Mechanism for Protection of Human Rights Defenders and Journalists Reviewed (March 31, 2019)

National/International: UNHCHR Condemns Murders of Defenders and Journalists in Chiapas and Baja California and Questions Efficacy of Government Protection Mechanism (January 31, 2019)

National: CNDH Demands Clarification of Crimes against Journalists in Mexico – 90% Remain in Impunity

 

@Futuro

On November 2nd, within the framework of the International Day to End Impunity for Crimes against Journalists, the National Human Rights Commission (CNDH in its Spanish acronym) demanded clarification of crimes against journalists which remain in impunity (90% of them according to their data).

It reported that “according to figures from this National Commission, since the year 2000, 153 homicides of journalists have been committed (16 were women), 21 more have been missing since 2005 and 53 attacks have been carried out against media facilities since 2006 , data that show the high level of violence that communicators face in Mexico.”

Their figures indicate that the states with the highest number of homicides against journalists are Veracruz, with 23 cases; Guerrero, 17; Tamaulipas and Oaxaca, 16 each, and Chihuahua, 14.

It finally added that 13 journalists were killed since the beginning of the government of Andres Manuel Lopez Obrador (AMLO) and stressed that impunity is due to the “lack of prompt, diligent, professional and effective investigations by the Attorney General’s Office and Prosecutors that have not taken into account as a line of investigation the journalistic exercise of the victims.”

It asked for “forceful actions by the authorities of the three levels of government to generate favorable environments so that journalists and media can carry out their activities with full freedom” as well as “the commitment of all the authorities, especially those with a position of special relevance in the public service, so that they respect and recognize the contributions that journalists and media make to strengthening democracy, avoiding at all times disqualifying or discrediting their work, since the latter contributes to generating smear campaigns that hinder the exercise of journalism and place them in conditions of greater risk.”

For more information in Spanish:

Oaxaca, mortal para periodistas (NVI Noticias, 4 de noviembre de 2019)

CNDH urge esclarecer crímenes contra periodistas en México (El Sol de México, 2 de noviembre de 2019)

Demanda CNDH esclarecer el 90% de crímenes contra periodistas que permanece en impunidad lacerante –13 en los últimos once meses— por falta de investigaciones prontas, diligentes, profesionales y eficaces de Procuradurías y Fiscalías (CNDH, 2 de noviembre de 2019)

Están bajo protección de Gobernación 80 oaxaqueños (El Universal, 30 de octubre de 2019)

For more information from SIPAZ:

National/International: UNO Presents Diagnostic of Protection Mechanism of Human Rights Defenders and Journalists (September 2, 2019)

Oaxaca: Founder and Director of Community Radio Murdered. Tenth Journalist Murdered under AMLO Government (May 10, 2019)

Oaxaca: organismos internacionales piden garantizar la seguridad de la periodista oaxaqueña Soledad Jarquín Edgar (7 de junio de 2019) (4 de mayo de 2019)

Oaxaca: Reportero herido en atentado inicia huelga de hambre ante retiro de escoltas y nulos avances en investigación. (23 de abril de 2019)

Oaxaca: periodista es herido con arma de fuego en el Istmo de Tehuantepec (22 de marzo de 2019)

Oaxaca: siete periodistas denuncian amenaza colectiva vía Facebook (14 de marzo de 2019) (14 de diciembre de 2018)

National: New Pegasus Malware Internet Spying Attack on Mexican Journalists and Activists Reported

@article19mex (Twitter)

The organization Network in Defense of Digital Rights (R3D in its Spanish acronym) published a report revealing that Pegasus malware that exploits a weakness in the WhatsApp messaging system continued to operate in Mexico during 2019.

In June 2017, during the six-year period of Enrique Peña Nieto, it was reported that several human rights defenders as well as journalists were spied on using malware, especially by the Attorney General’s Office (PGR in its Spanish acronym) and the Criminal Investigation Agency (AIC in its Spanish acronym) although theoretically only it is intended to be used to investigate criminals and terrorists according to NSO Group, the Israeli spy company that created Pegasus spy software.

The malware program is simply run by a voice call regardless of whether that call is answered or not. From that, you can automatically access all the files, text messages, calls, photographs, passwords, stored data as well as geographical location, camera activation and the microphone of that cell phone.

According to the R3D report earlier this year, there was another spy attack on more than 1400 users whose telephone numbers had the area codes of Mexico, Bahrain and the United Arab Emirates, including 100 journalists and activists.

Last May after the discovery of the cyber attack, WhatsApp said that the fault was identified and resolved in its system but has failed to publish the exact number and identities of people affected by the attack, although some users received a notification informing them that with high probability they had been a target.

In the absence of such information and impunity in the case of 2017, the R3D is asking that they reveal who are responsible for this espionage attack. “We call for the transparent federal government [to reveal] which are the Mexican authorities that have acquired and used Pegasus, as well as the control measures that, where appropriate, have been implemented to prevent them from being used illegally and to avoid impunity in cases of abuse”, they said in a press conference on October 29th in Mexico City.

For more information in Spanish:

El programa Pegasus se instaló en teléfonos de 100 activistas y periodistas de más de 20 países (Proceso el 29 de octubre de 2019)

WhatsApp reveló que el software espía Pegasus operó en México durante 2019 (Infobae el 29 de octubre de 2019)

Ciberataque de espionaje Pegasus en México por WhatsApp (El Imparcial el 30 de octubre de 2019)

Alerta espionaje a mexicanos denunciado por Whatsapp (El Siglo de Durango el 31 de octubre de 2019)

 

For more information from SIPAZ:

Nacional: Citizen Lab revela intento de hackeo con Pegasus a colegas de periodista asesinato (28 de noviembre de 2019)

Chiapas: Reporters Without Borders (RWB) and the Committee to Protect Journalists Describes State as “Red Flag” for Freedom of Press and Expression (November 27, 2018)

Guerrero: Article 19 urges to investigate political motivations in the case of the murder of the journalist, Gabriel Soriano (November 4, 2018)

National: Federal Mechanism for Journalists and Defenders without Funding (October 14, 2018)

National/International: Espionage of Journalists and Activists in Mexico (June 29, 2017)

National: Work Begins on National Plan for Human Rights (PNDH)

@Serapaz

On June 12th, at an event led by the Secretary of the Interior Olga Sanchez Cordero and the Undersecretary for Human Rights, Population and Migration, Alejandro Encinas Rodriguez, the work began for the preparation of the National Human Rights Program 2019-2024 (PNDH in its Spanish acronym), and it is expected to be published in December by President Andres Manuel Lopez Obrador.

Sanchez Cordero stressed that the “painful crisis in human rights was inherited by the current government” and affirmed that “the reality is not going to be invented, no matter how hard it is if we want to find a permanent solution”, particularly by the omnipresent factor of impunity. She said that, “presidential instruction, as a way to have a more just society, is to address the problems caused by inequality, violence, misogyny, impunity and corruption.” She stated that to build this national program there will be 15 forums, technical tables and other events throughout the country for the design of “the public policy that the country needs.”

The Undersecretary for Human Rights, Population and Migration, Alejandro Encinas, asked the federal public agencies to “get out of their comfort zone and address the very difficult reality of human rights,” including the issue of migration and refugee applicants. He acknowledged that, “our country has been subject to more than three thousand recommendations for violations (to these guarantees) from international organizations, both the United Nations and the Inter-American Commission on Human Rights, and other institutions that account for the seriousness of this problem.” It revealed the importance of the advising citizen council, before “an emergency situation that demands the firm action of the State, in concurrence with society.” The academic Clara Jusidman, the member of Services and Advice for Peace (SERAPAZ in its Spanish acronym) Dolores Gonzalez; the representative of UN-Women, Belen Sanz; Consuelo Morales of Citizens in Support of Human Rights (CADHAC in its Spanish acronym); Miguel Concha, from the Francisco de Vitoria Human Rights Center; the former Minister of the SCJN, Jose Ramon Cossio, the researcher Mauricio Merino and the representative of the UNHCHR, Jan Jarab. are members of this council.

Representing the council, Dolores Gonzalez stressed that, “the participation of all is required, the history of these exercises has made us skeptical, but the serious, unsustainable, intolerable reality that we live today forces us to deploy all possible resources to transform it. It will depend on the institutional commitment to the process, on the commitment that the victims and civil society put into this process, but above all on the conviction of each to break the mechanisms that perpetuate violence and that it is possible to get closer and closer to the truth, justice, reparation and measures of non-repetition, by which it is possible to build true peace.”

For more information in Spanish:

INICIA GOBIERNO DE MÉXICO DISEÑO DEL PROGRAMA NACIONAL DE DERECHOS HUMANOS 2019-2024 (Gobierno de México, 12 de junio de 2019)

Inician trabajos para el Programa Nacional de Derechos Humanos (Proceso, 12 de junio de 2019)

Instalación del Consejo Asesor del Programa Nacional para Derechos Humanos (Serapaz, 12 de junio de 2019)

Segob inicia Programa Nacional de Derechos Humanos 2019-2024 (SDP Noticias, 12 de junio de 2019)

No se maquillará la crisis de derechos humanos: SG (La Jornada, 13 de junio de 2019)

For more information from SIPAZ:

National: Seven Journalists and 11 HR Defenders Murdered in 2019 – UNHCHR (20 de junio de 2019)

National: Absence of President Lopez Obrador at Presentation of CNDH Report “Disheartening for the Defense of Human Rights” (June 9, 2019)

National/International: UNO and IACHR Warn of Situation of Human Rights Defenders in Latin America. At Least Ten Murdered in Mexico (June 6, 2019)

 

Oaxaca: Founder and Director of Community Radio Murdered. Tenth Journalist Murdered under AMLO Government

@Facebook Victor Mendoza

On May 2nd, Telesforo Santiago Enriquez, founder and communicator of “El Cafetal” 98.7 F.M. community radio, was assassinated in an ambush in the municipality of San Agustin Loxicha, in the southern highlands of Oaxaca. He received multiple bullet wounds while traveling in his car and died instantly.

In his programs, Telesforo, who was also an indigenous education teacher and defender of indigenous languages, covered topics of critical analysis of municipal and state governments. Authorities of the vice attorney of the Costa region are following the necessary procedures, however, until now there are no elements that identify a motive.

The organization for freedom of expression Articulo 19 reported that people close to the journalist, said that Telesforo had received threats recently. He indicated that the murder of Telesforo is the third against journalists of community radio stations in the year and the fourth of journalists in the same period. In addition, “Oaxaca is the third most lethal state in Mexico for the press: since the year 2000 there have been 13 murders. These figures exemplify the adverse landscape which community media confront.”

Articulo 19 demanded an “objective, impartial and exhaustive investigation that takes as a first line of investigation the exercise of journalism and that brings the material and intellectual culprits of the crime to justice”; and that the Mechanism for the Protection of Human Rights Defenders and Journalists, of the Ministry of the Interior (SEGOB), “be aware of the case and provide the necessary protection measures to protect the integrity of the family and collaborators of Telesforo Santiago.”

For more information:

Asesinan en Oaxaca a director de radio comunitaria El Cafetal (La Jornada, 2 de mayo de 2019)

Asesinan a Telésforo Santiago Enríquez, fundador y director de una radio comunitaria en Oaxaca (Animal Político, 2 de mayo de 2019)

Emboscan y asesinan a Telésforo Santiago Enríquez, locutor de radio comunitaria en Oaxaca (Radio Formula, 3 de mayo de 2019)

Asesinan a Telésforo Santiago Enríquez en Oaxaca, el tercer comunicador comunitario en el año (Artículo 19, 3 de mayo de 2019)

For more information from SIPAZ:

Oaxaca: Reportero herido en atentado inicia huelga de hambre ante retiro de escoltas y nulos avances en investigación. (April 23, 2019)

Oaxaca: periodista es herido con arma de fuego en el Istmo de Tehuantepec (March 22nd, 2019)

National: Several Organizations Express Concern over Freedom of Expression in Mexico (March 19th, 2019)

Oaxaca: siete periodistas denuncian amenaza colectiva vía Facebook (December 14th, 2018)

National: 161 Defenders and 40 Journalists Murdered in Last Presidential Term of Office (December 14, 2018)

National: AMLO’s Declarations “Authorization and Instigation to Carry out any Attack or Harassment against Journalists”

@Gobierno de Mexico

On April 15th, the organization for freedom of expression Articulo 19 condemned the statements of the same day of President Andres Manuel Lopez Obrador (AMLO) who, in his morning conference, suggested that reporters should be “prudent” because otherwise “they know what happens.”

“The message that the President is giving is an authorization and an instigation to carry out any attack or harassment against journalists,” said Sebastian Salamanca, Articulo 19 journalist defense program official. He questioned if with these last statements AMLO is saying how journalists “must act” and suggesting that “they will receive the punishment of the people” if they do not behave properly. “Any follower of Lopez Obrador will interpret these words as tolerance to continue attacking journalists who are critical,” he said.

Just at the morning conference on April 12th, Univision journalist Jorge Ramos contradicted the figures of violence in Mexico offered by Lopez Obrador, a participation that was harshly criticized on social networks by Lopez Obrador’s followers and even by journalists from media close to the president.

Shortly before there was another controversy after AMLO asked the newspaper Reforma to reveal the source that leaked the draft of the letter sent by the Mexican government to King Felipe VI of Spain demanding an apology for the conquest.

Articulo 19 regretted that Lopez Obrador’s most recent statements “add up to a series of attacks” carried out by the President, who on more than one occasion has labeled some critical media as “conservatives” and “fifí [opposition] press”, This is one of the most dangerous countries in the world to practice journalism, according to Reporters Without Borders.

For his part, Jorge Ramos in an article published by the New York Times stressed that “the power-press relationship will always be fraught with tension. But in a democracy under construction like the Mexican one it is fundamental to discuss, defer and dialogue; do not disqualify. The challenge is to continue living together, even if sometimes we do not agree.”

For more information in Spanish:

El mensaje que da AMLO es una autorización para hostigar a periodistas, alerta Artículo 19 (Sin Embargo, 15 de abril de 2019)

“Si ustedes se pasan, pues ya saben lo que sucede”, dice AMLO a los periodistas (ADN Político, 15 de abril de 2019)

Declaraciones de AMLO alientan ataques a periodistas: Artículo 19 (SDP Noticias, 16 de abril de 2019)

El presidente no es el jefe de los periodistas (NY Times, 16 de abril de 2019)

For more information from SIPAZ:

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

National: Mechanism for Protection of Human Rights Defenders and Journalists Reviewed (March 31, 2019)

National/International: UNHCHR Condemns Murders of Defenders and Journalists in Chiapas and Baja California and Questions Efficacy of Government Protection Mechanism (January 31, 2019)

National: 161 Defenders and 40 Journalists Murdered in Last Presidential Term of Office (December 14, 2018)

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

Michelle 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)