A/HRC/37/51/Add.2
Human Rights Council
Thirty-seventh session
26 February–23 March 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights, including the right to
development
Report of the Special Rapporteur on the situation of human rights defenders on his mission to Mexico
Note by the Secretariat
The Secretariat has the honour to transmit to the Human
Rights Council the report of the Special Rapporteur on the situation of human
rights defenders, Michel Forst, on his mission to Mexico from 16 to 24 January
2017.
Contents
Report of the Special Rapporteur on the situation of human
rights defenders on his mission to Mexico
I. Introduction
II. Legal and
institutional framework
III. Situation
of human rights
defenders
A. Widespread
violence
B. Criminalization
of human rights
work
C. Intimidation,
harassment and stigmatization
D. Widespread
and persistent
impunity
E. Specific
groups of human rights defenders at
risk
IV. National
Protection Mechanism for Human Rights Defenders and Journalists
V. National and
local human rights
institutions
VI. Role of
non-State actors
VII. Community of
human rights
defenders
VIII. Conclusion
and
recommendations
I. Introduction
1. The Special
Rapporteur on the situation of human rights defenders undertook an official
visit to Mexico from 16 to 24 January 2017, at the invitation of the
Government. The main objective of the visit was to assess the situation of
human rights defenders in the country in the light of the State’s obligations
and commitments under international human rights law and of the Declaration on
the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms (Declaration on Human Rights Defenders).
2. The Special
Rapporteur visited various locations in Mexico City and the States of
Chihuahua, Guerrero, Mexico and Oaxaca. During the visit, the Special
Rapporteur met with high-level officials from the ministries of foreign
affairs, the interior (including the National Security Commission), national
defence; navy; environment and natural resources, as well as from the Office of
the Attorney General and the Office of the Federal Attorney for Environmental
Protection. He also met with senior representatives of the Senate, the Chamber
of Deputies, the Supreme Court of Justice, the Council of the Federal Judiciary
and the National Institute for Transparency, Access to Information and Personal
Data Protection. The Special Rapporteur also had discussions with the National
Human Rights Commission, state-level human rights institutions, the Executive
Commission for Victim Support and the National Protection Mechanism for Human
Rights Defenders and Journalists.
3. The Special
Rapporteur met with more than 800 human rights defenders — 60 per cent of whom
were women — drawn from 24 states and from across civil society, including
lawyers, journalists and representatives of non-governmental organizations and
indigenous communities.
4. Prior to his
official visit, on 13 January, the Special Rapporteur participated in a forum
on the role of human rights defenders in Mexico, organized by the National
Human Rights Commission and the Office of the United Nations High Commissioner
for Human Rights in Mexico. On that occasion, he acknowledged supportive
statements made by the Minister of the Interior and the Attorney General, who
recognized the active and positive role played by human rights defenders in
society.
5. The Special
Rapporteur thanks the Government of Mexico for its invitation and its
cooperation during and continued assistance after the visit. He is grateful to
the federal, state and municipal authorities who met with him. He conveys his appreciation
to the staff of the Office of the United Nations High Commissioner for Human
Rights in Mexico for the invaluable support it provided for the visit. He is
also grateful to everyone who took the time to meet with him and share their
valuable experiences and insights.
II. Legal and
institutional framework
6. Mexico is a
federal republic, composed of 31 federal states and the Federal District of
Mexico City. Legislative, executive and judicial powers are divided along
federal and state lines. Mexico has ratified nine core international human
rights treaties.1 In this context, the Special Rapporteur encourages the
Government of Mexico to accept the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights and the Optional Protocol to
the Convention on the Rights of the Child on a communications procedure. He
also encourages the Government to recognize the competence of the Committee on
Enforced Disappearances pursuant to articles 31 and 32 of the International
Convention for the Protection of All Persons from Enforced Disappearance and to
consider lifting the reservations and interpretative declarations made with
regard to different treaties that can affect the full realization of human
rights.
7. The Mexican
Constitution protects those human rights enshrined in international treaties
and recognizes social and economic rights. The Supreme Court has established
that all decisions of the Inter-American Court of Human Rights are binding.
National legislation, especially at the state level, still needs to be harmonized
in order to bring it fully into line with international human rights norms and
standards.
8. The
Constitution provides for mechanisms to guarantee the respect of human rights,
including writs of amparo (protection of constitutional rights), by which
private individuals can challenge, before the federal courts or the Supreme
Court, the conformity of decisions taken by the public authorities with
constitutional provisions. The high number of amparo rulings concerning human
rights defenders indicates the gravity of the climate in which they operate.
The Special Rapporteur was informed of several cases where amparo rulings in
favour of aggrieved human rights defenders had not been duly implemented,
without any legal consequences and despite the sanctions for such
non-compliance provided for in the Constitution. He urges the Government to
address such cases of non-compliance, in order to uphold the rule of law.
9. In recent
years, Mexico has made significant efforts to strengthen its legal system, with
the participation of wider civil society. In 2008, the Constitution was amended
as a part of a move from an inquisitorial, written criminal justice system to
an adversarial oral-based one. The new system entered into force in 2016 and
offers three advantages over the inquisitorial mode: greater transparency;
increased efficiency; and stronger due process.2 This change should contribute
to a more flexible and fairer criminal system, reducing delays and human rights
abuses. Nevertheless, challenges have arisen with regard to efforts to fully
implement the new system.
10. In 2012,
Congress passed a federal law to protect human rights defenders and
journalists, establishing a national protection mechanism to ensure their life,
integrity, freedom and safety. In 2013, the general law on victims came into
force, creating the national victim support system, the executive commission
for victim support and the National Registry of Victims. Progress concerning
the implementation of the general law has been slow and victims have complained
of obstacles to the exercise and recognition of their rights, including red
tape. Delays and shortcomings have affected both the ability of victims to
access legal and financial assistance and the extent to which the 32
constituent federal entities of Mexico comply with the new law.3 Only 10 states
have created their own victims’ rights commissions. In 2016, the general law
was amended to address some of these challenges.
11. In 2014, in
the light of a series of decisions by the Inter-American Court of Human Rights
and the Supreme Court, the Military Criminal Code was amended to ensure that human
rights violations and crimes against civilians are investigated and prosecuted
by the civil authorities. In April 2017, the new general law on the prevention,
investigation and punishment of torture and other cruel, inhuman or degrading
treatment or punishment established an absolute prohibition of torture and of
the use, during trials, of evidence obtained through torture. In October 2017,
the Congress adopted the general law on forced disappearances committed by
private individuals and the national urgent search mechanism, in order to
strengthen the Mexican authorities’ ability to track and investigate
disappearances.
12. The military
judicial authorities retain jurisdiction regarding human rights violations
committed by members of the armed forces. During his visit, the Special
Rapporteur raised a number of concerns about amendments to article 29 of the
Constitution and a bill on internal security, which would normalize the use of
the armed forces in public security functions. Following the approval of the
bill by the Chamber of Deputies in November 2017, the United Nations High
Commissioner for Human Rights and six United Nations independent experts urged
the Senate to reject it owing to human rights concerns relating to the leading
role of the armed forces in the field of law enforcement, access to
information, adequate oversight concerning intelligence gathering and the use
of force during demonstrations.4
13. Nonetheless,
the bill on internal security was approved by the Senate on 15 December 2017, reinforcing
fears that it will result in the transfer of public security and policing
duties to untrained soldiers commanded by unaccountable high-ranking
army officers, reduce civilian oversight and weaken accountability.5 This is
regrettable, in particular in the light of reports that the success rate for
the prosecution of human rights violations committed by army personnel is
around 3 per cent.6
III. Situation
of human rights defenders
14. During his
visit, the Special Rapporteur focused on evaluating some of the basic elements
of a safe and enabling environment for human rights defenders, namely: a
conducive legal and institutional framework; access to justice; an independent
and strong national human rights institution; effective protection policies and
mechanisms targeting groups at risk and applying a gender-sensitive approach;
non-State actors who respect and support the work of human rights defenders;
and a strong and dynamic community of human rights defenders. In other words,
he set out to establish whether human rights defenders were safe and empowered
in Mexico.
A. Widespread
violence
15. Despite some
progress, the level of violence in Mexico remains alarmingly high, affecting
the population at large. The country faces challenges related to drug cartels
and organized crime groups. As mentioned above, the use of the army in a public
security role raises a number of concerns in terms of democratic governance and
its effectiveness with regard to ending violence.
16. Since 2006,
Mexico has been affected by serious human rights violations, including
extrajudicial killings, torture and enforced disappearances. 7 During his
visit, the Special Rapporteur received many credible complaints and testimonies
from human rights defenders that indicated that widespread violence and human
rights abuses continued. During the first 10 months of 2017, the National Human
Rights Commission recorded 285 attacks on human rights defenders, including
instances of harassment, assault, robbery and cybercrime. Civil society data
indicate that 730 human rights violations were committed against human rights
defenders from January to May 2017.
17. Distressingly,
in most of those cases, investigations were either not carried out or did not
yield results. Human rights defenders suffer intimidation or obstruction when
seeking justice and are at particularly high risk, especially if they have
denounced abuses by the armed forces and law-enforcement agencies.
18. Besides the
harrowing uncertainty of not knowing the whereabouts of their loved ones,
family members of disappeared persons often face obstacles in their search for
justice and truth. In the State of Guerrero, human rights defenders looking for
their disappeared family members sometimes carry out searches at great risk to
their own security. Human rights defenders from Chilapa, where collective
disappearances appear to have occurred with the acquiescence of the
authorities, are particularly vulnerable to attacks in the context of organized
crime and corruption. When the Special Rapporteur visited Escuela Normal Rural
Raúl Isidro Burgos, a teacher-training college in Ayotzinapa, the parents of 43
disappeared students stressed the importance of ensuring that the follow-up
mechanism to the Interdisciplinary Group of Independent Experts and the
non-governmental organizations that support it could continue their work
unhindered.
19. Throughout
his visit, the Special Rapporteur also received testimonies from human rights
defenders working on cases of extrajudicial killings and excessive use of
force, in particular regarding the risks facing them in the quest for
accountability. In the State of Oaxaca, he met with survivors of the violence
that took place during large-scale teachers’ protests in June 2016.8 Both those
survivors and affiliated human rights defenders can only be considered to be
protected when justice has been served, the perpetrators held accountable and
the jailed protesters released. Following the visit, those groups continued
their quest through activism and peaceful protests.9
20. Human rights
defenders denouncing torture have also faced virulent and false accusations
that they support criminals. Smear campaigns, including through the national
media, tried to portray them as profiting from reparations. Women torture
victims who became courageous human rights defenders faced sexist defamation
and harassment campaigns against themselves and their families, as, for
example, occurred with the human rights defenders who denounced sexual torture
in the Atenco case.
21. The Special
Rapporteur also met with human rights defenders who were internally displaced
owing to security issues. The Government should formulate policies addressing
the situation of those human rights defenders, in order to ensure that they can
carry out their human rights work in safety and return to their homes.
B. Criminalization
of human rights work
22. The
activities of human rights defenders in Mexico have been criminalized through
the deliberate misuse of criminal legislation and the manipulation of the
punitive powers of the authorities by both State and non-State actors, in order
to hinder and even halt efforts to exercise the legitimate right to promote and
protect human rights.
23. Such
criminalization usually begins with the filing of unfounded allegations or complaints
against human rights defenders that relate to criminal offences and that may
not be in line with the principle of legality or comply with international
human rights standards. Multiple forms of human rights violations then follow,
including judicial harassment, prosecution on trumped-up charges, double
jeopardy, detention without a court order and inhuman conditions of
detention.10 Lengthy legal proceedings are used as a tool to intimidate human
rights defenders and impede their human rights advocacy activities. Courts
reportedly impose preventive measures on human rights defenders without
respecting their rights and due process guarantees.
24. Criminalization
is sometimes preceded by statements by public officials accusing human rights
defenders of committing crimes, endangering national security or hindering
economic development. Such disparaging statements by high-level officials can
trigger or aggravate prolonged criminal processes against human rights
defenders.
25. Arbitrary
arrests and detentions have been used to silence dissident voices and curb
social movements. Since August 2014, the Working Group on Arbitrary Detention
has issued at least seven opinions relating to cases of human rights defenders
and journalists in Mexico who were arbitrarily detained and whose judicial
processes were marred by irregularities.11 The opinions point to a pattern of
violations against human rights defenders in retaliation for carrying out
legitimate human rights work. 12 To date, the Government has not fully implemented
all the opinions.
26. In many
cases, human rights defenders are punished for reporting violations by public
authorities and face retaliatory attacks or criminal proceedings against their
families. Martha Esthela Solórzano from Sonora faced repeated threats from the
municipal police following her complaints against the police for abuse of
power, corruption and ill-treatment. In 2012, her son, Jorge Luis Zavala
Solórzano, was arrested and sentenced for allegedly committing serious crimes. In February 2015, after an ordeal lasting
years, Mr. Zavala Solórzano was released and acquitted by the Supreme Court of
the State of Sonora on the basis of clear contradictions between the
allegations made against him and testimony used as a basis for his initial
conviction.
27. The
criminalization of human rights work has a chilling effect, not only on human
rights defenders, but also on wider society: it weakens social movements and
discourages members of the public from filing complaints with the police
concerning serious crimes. Human rights defenders increasingly have to spend a
great deal of time and resources defending themselves, which weakens their ability
to protect more vulnerable individuals in society. Moreover, criminal
proceedings have a stigmatizing and delegitimizing effect, aimed at isolating
defenders and hindering actions of solidarity with the national and
international community.13
28. Such
criminalization also undermines civil society’s trust in the Mexican
authorities, which should be working to ensure that State and non-State actors
do not manipulate the public and judicial powers in order to harass human
rights defenders for their legitimate activities. The resulting climate of fear
affecting society at large can lead to self-censorship.
29. It appears
that the criminalization of human rights work relates to the actions of both
federal and state elements, including the police, the army, the navy,
government authorities and the judiciary. The low level of independence of the
judiciary, corruption among public officials and the exploitation of the
justice system by companies and other parties, who make criminal complaints
against human rights defenders, all contribute to the criminalization of human
rights work.
30. International
human rights law provides that both State and non-State actors who are directly
or indirectly involved in such criminalization are accountable for these
violations. The Special Rapporteur strongly recommends reviewing and revising
laws and policies, the ambiguous nature of which has been exploited to
criminalize legitimate human rights work, and bringing their content and
implementation into line with international human rights norms and standards.
31. The freedom
of peaceful assembly is guaranteed by the Mexican Constitution. However,
increased interference and use of force by public officials at peaceful
protests, in particular, demonstrations relating to sensitive issues or against
large-scale projects, give cause for concern. For example, in 2006, protests in
Atenco against the construction of Mexico City Airport resulted in the killings
of 2 persons and the detention and criminalization of more than 200 persons,
including several women, who were subjected to sexual torture. The protests
against the project continued, with demonstrators facing frequent harassment.
Following a December 2012 protest in Mexico City, nearly 100 arbitrary
detentions and 6 cases of torture were documented. In some states, such as the
State of Puebla, local legislation allows police to use firearms or deadly
force to break up protests.
32. Furthermore,
broad terms employed in domestic legislation, such as “disturbance of public
order”, are increasingly being exploited to curtail peaceful assemblies.
Indigenous communities protecting their traditional lands from plans to develop
mega-projects and exploit natural resources have often faced criminal charges
for protesting against those plans, even where meaningful and prior
consultation with them were lacking. Such situations have arisen in the context
of social protest, involving blockades or sit-down demonstrations.
33. Journalists
covering protests also face a pattern of violence, harassment and legal action.
For instance, in August 2016, journalist Manuel Morres was detained for 24
hours while reporting on demonstrations in Chiapas and two photojournalists
covering a traffic incident in Oaxaca were arrested and allegedly tortured.
34. Even though
the freedom of association is also constitutionally recognized, a diverse range
of active non-governmental organizations sometimes face violence, including
threats and killings. Independent trade unions reportedly face interference
from government authorities.14 The right to unionize came under serious
threat following a series of reforms in the education, health and energy
sectors that significantly reduced the power of the unions in each sector. The
reforms sparked national protests, with civil servants leading major
demonstrations.
35. Despite
improvements to the constitutional guarantees of freedom of expression,
journalists who voice critical views often face intimidation and threats.
Mexico has become one of the world’s most dangerous places for journalists.15
Inter-American Commission on Human Rights and United Nations experts have
referred to a crisis for freedom of expression in Mexico, involving killings
and disappearances, physical and psychological attacks on the media and other
forms of interference designed not only to harm individual journalists but also
the public’s right to know.16 Due to the climate of insecurity and widespread
impunity at the state and municipal levels, self-censorship has become rife.
Many newspapers in violent areas fear reprisals if they publish stories on
organized crime, drug trafficking or corruption.
36. Increased use
of defamation laws by public officials has undermined press freedom.
Politicians often sue media professionals for “moral damages”. For example, the
former Governor of the State of Coahuila sued a prominent political journalist
and filed a civil defamation suit against a newspaper. A Supreme Court ruling of
May 2016 regrettably removed maximum limits on financial penalties that can be
levied against journalists. While defamation was decriminalized at the federal
level in 2007, around a dozen states still have criminal defamation laws and
use them to intimidate journalists.
37. The
establishment of the office of the special prosecutor for offences committed
against freedom of expression to investigate cases involving journalists was a
welcome development. However, civil society criticized the office for failing
to make significant progress in investigations. Between July 2010 — when the
office was set up — and November 2015, it reported only 31 investigations into
homicides and a further 25 into disappearances of journalists, none of which
led to prosecutions. Coordination between the office and local investigative
prosecutors at the federal and state levels appears to be weak and marred by
inefficiency and overlap. The office’s resources appear to be decreasing, while
crimes against journalists are on the increase. Data show that the office’s
allocated budget fell by 58 per cent between 2013 and 2017.
38. Mexico
enacted legislation on access to information in 2002. Access to the Internet
became a human right following the amendment of article 6 of the Constitution
in 2013. In 2015, the General Law on transparency and access to public
information was adopted following a process involving broad civil society
participation. In January 2017, Mexico enacted a new General Law on the
protection of personal data. The Government informed the Special Rapporteur of
how this progressive legislation sought to establish principles and procedures
guaranteeing the right to access information in the possession of any public
authority and to develop uniform conditions regarding transparency and
information access at the federal, state and municipal levels. The new national
institute for transparency, access to information and protection of personal
data was granted constitutional and specialized autonomy to carry out its
functions.
39. Despite the
legislative achievements to date, actually accessing public information remains
challenging, particularly at the state and municipal levels. Human rights
defenders fighting impunity also face challenges in accessing public
information in the possession of the armed forces. Representatives of civil
society also raised concerns about the incompatibility of existing legislation
on access to information with that on national security, since the former
stipulates that information on grave human rights violations and crimes against
humanity may not be classified as “reserved”, while the latter defines what
constitutes “national security”. The scarcity of data obstructs investigations
into criminal accountability for enforced disappearances and summary executions in the
context of military operations related to public security and organized crime.
40. Despite civil
society’s concerns about the negative impact of the new General Law on archives
on the right to truth and collective memory related to serious human rights
violations, the legislation was approved by the Senate in December 2017.
41. Unsupervised
secret surveillance of human rights defenders is a new and worrying challenge,
especially in the context of weak judicial oversight regarding the collection,
storage and sharing of personal data obtained through digital surveillance.
After the visit, the federal and some state authorities were accused of
purchasing and deploying spyware called “Pegasus” to monitor politicians, human
rights defenders, journalists and lawyers through their mobile telephones.17
The Special Rapporteur reiterates his and other United Nations experts’ call
from July 2017 for an independent and impartial investigation to be carried out
into the alleged illegal surveillance, which constitutes a serious violation of
the rights to privacy and to the freedoms of expression and association.18
C. Intimidation,
harassment and stigmatization
42. The majority
of human rights defenders the Special Rapporteur met during the visit confirmed
that they had experienced intimidation, harassment and stigmatization at the
hands of State and non-State actors in retaliation for their human rights work.
Defenders are intimidated or threatened through text messages, telephone calls
or verbal assaults.
43. They also
reported receiving threats through social media platforms or email. In the
majority of cases, the messages served as “warnings” about their safety and
security if they continued their human rights work. Even though the authorities
rarely considered such messages as “real” threats, human rights defenders
feared they might lead to physical aggression. Women human rights defenders in
particular are targeted by anonymous groups, who spread false rumours through
social media or incite violence against women, including “corrective rape”.
44. The number of
smear campaigns against human rights defenders, whether orchestrated by
politicians or the media, raises serious concerns. These campaigns mainly seek
to undermine the work of human rights defenders and to isolate them. Human
rights defenders are portrayed as being anti-development, or as criminals,
rather than as activists. Particularly worrying is the situation of
organizations such as Centro Prodh, Tlachinollan and the Mexican Commission for
the Defence and Promotion of Human Rights, which face accusations and
harassment as a result of their work on enforced disappearances, extrajudicial
killings and torture. The Special Rapporteur was deeply concerned at the acts
of reprisal against one human rights defender, who received threats through
social media mentioning a meeting with the Special Rapporteur. He strongly
condemns acts of reprisal, as they undermine the exercise of the right of all
to cooperate with international organizations.
45. Stigmatization
also has a gender component when aimed at women human rights defenders,
portraying them as prostitutes or as immoral. The relatives of human rights
defenders and members of their communities may also be intimidated or harassed,
in order to force those human rights defenders to choose between protecting
their relatives and continuing their work.
46. Malicious
software, hacking, denial-of-service attacks and other high-tech forms of
intimidation are increasingly being used to target human rights defenders. For
instance, the website of the Más de 131 collective suffered several
denial-of-service attacks.
47. Human rights
defenders from indigenous or rural communities point to the deliberate use of
divide and rule tactics by the authorities and companies in order to achieve
the approval of large-scale projects. The divisions caused by these projects
have profound and negative effects on the strong culture of consensus and collective
solidarity in affected communities. The Special Rapporteur concurs with other
United Nations experts who have observed that violence and harassment related
to mega-projects authorized on indigenous lands without prior consultation and
consent raise major human rights violations for indigenous peoples in Mexico.19
D. Widespread
and persistent impunity
48. Approximately
98 per cent of crimes in Mexico remain unsolved.20 Given the high number of
serious human rights violations, the negligible success rate of investigations
and prosecutions of crimes against human rights defenders has engendered a
sense of widespread and persistent impunity. The failure to investigate and
sanction perpetrators sends a dangerous message that such crimes have zero
consequences, creating an environment conducive to serial violations and
undermining the general aspirations for human rights in Mexico.
49. The
Inter-American Commission on Human Rights observed that Mexico was affected by
“critically high levels of impunity” and that “the failure to provide access to
justice has created a situation of structural impunity whose effect is to
perpetuate, and in some cases foster, the repetition of gross human rights
violations”. 21 Following country visits, at least five United Nations special
procedures highlighted the prevailing climate of impunity regarding grave
crimes and human rights violations in Mexico.22 In the last five years, five
United Nations treaty bodies have urged Mexico to address persistent and
widespread impunity.23
50. Regrettably,
impunity has become both the cause and the effect of the overall insecurity of
human rights defenders in Mexico. Impunity feeds the criminalization of
legitimate human rights activities, which in turn fuels attacks against human
rights defenders and creates fear in wider civil society. By deterring human
rights defenders from filing complaints and survivors of violations from
seeking their support, impunity erodes the rule of law in the country and
encourages further violations.
51. The Special
Rapporteur is seriously concerned at the scope, persistence and effect of
impunity with regard to threats to the safety of human rights defenders and the
criminalization of their activities. He urges the Government of Mexico to
urgently tackle the growing trend of increasingly entrenched impunity in the
country.
E. Specific
groups of human rights defenders at risk
52. During the
visit, the Special Rapporteur observed multiple risks and threats facing
specific groups of defenders. The large number of women human rights defenders
he met in Mexico demonstrates that women are often at the forefront of human
rights battles, even if their role is not sufficiently recognized or
publicized.
53. Between 2010
and 2017, more than 43 women defenders and journalists were killed in Mexico
and at least 5 women activists were killed in 2017. 24 There have also been
assassination attempts and assaults. Mexico has reportedly become “the most
violent country for women human rights defenders in Mesoamerica”, where a
total of 1,360 attacks against women defenders were carried out between 2013
and 2016 (on average, one a day).25
54. The majority
of women human rights defenders also face risks linked to their gender,
including sexual violence and threats on social media or smear campaigns based
on gender stereotypes.
55. In the
context of widespread violence against women and femicides, some women have
become vocal in the search for truth, justice and reparation, often facing
enormous risks in the process. María Luisa García Andrade was the victim of
countless threats and attacks in Ciudad Juárez for her work against impunity.
Yndira Sandoval Sánchez faced threats and a campaign of stigmatization
orchestrated by the authorities of the State of Guerrero aimed at undermining
her formal complaint concerning the sexual violence she had suffered in
September 2017. On 29 June 2017, labour rights activist Meztli Omixochitl
Sarabia was killed in her office in Puebla, following numerous threats and
assaults. On 10 May 2017, a leader of the Collective of Missing Persons in San
Fernando, Tamaulipas, was shot 12 times as a result of her investigation into
disappearances involving the Los Zetas drug cartel.
56. Because they
challenge the patriarchy and misogyny, women human rights defenders may also
face violence and discrimination within their own families and communities.
Their advocacy work is often considered as being less important than or
inconsistent with the social and cultural role assigned to them. The
psychosocial impact of violence has profound consequences on the social fabric
and can take a variety of forms, ranging from post- traumatic stress syndrome,
guilt and economic hardship to social isolation.
57. The Special
Rapporteur acknowledges the work of networks such as the National Network of
Women Human Rights Defenders in Mexico, which are crucial in helping women
break the cycle of violence and stigmatization and which offer opportunities
for self-defence and capacity-building training.
58. The Special
Rapporteur was struck by the high number of women human rights defenders who
had experienced discrimination by State agents or difficulties when requesting
protection. He urges the Mexican authorities to tackle this trend and to widely
publicize General Assembly resolution 68/181 on protecting women human rights
defenders.
\59. As mentioned,
journalists constitute one of the main groups at risk in Mexico. According to
the statistics, Mexico ranks among most dangerous countries for journalists.
Between 2000 and 2016, at least 120 journalists were killed in Mexico, mostly
in the states of Veracruz, Oaxaca, Tamaulipas, Guerrero and Chihuahua. More
than 12 journalists were murdered in the country in 2017.
60. Journalists
also face violence when covering protests, threats from organized crime groups
and harassment from the authorities for carrying out investigative journalism.
Carmen Aristegui was dismissed by MVS Radio in March 2015, after reporting on
political corruption. Miroslava Breach, a reporter for the La Jornada
newspaper, was shot eight times outside her home in Chihuahua on 23 March 2017.
Another prominent journalist, Javier Valdez, was shot 12 times on 15 May 2017
outside his workplace in Culiacán, while three journalists, including Gumaro
Pérez Aguilando, were killed in the State of Veracruz.
61. Among the
most criminalized human rights defenders are those who promote economic, social
and cultural rights, particularly indigenous and environmental activists who
work in the context of extractive, energy or infrastructure mega-projects.
62. The Special
Rapporteur met with human rights defenders who faced reprisals because of their
work on child abuse or access to health care for HIV/AIDS patients. As observed
by the Special Rapporteur on the human rights to safe drinking water and
sanitation, civil society and community representatives were also criminalized
due to their protests in relation to access to water and contamination of water
sources (see A/HRC/36/45/Add.2, para. 62).
63. The Special
Rapporteur met academics from more than 10 higher education institutions, who
shared their important work on human rights in Mexico. He also heard many examples of how universities contribute to access to justice
through legal clinics and of how they support victims of disappearances through
forensic and investigative work. Some universities faced retaliation for their
human rights work, while others failed to support staff and students involved
in such work as part of their academic activities. Universities have a duty to
ensure an enabling environment in which anyone can promote human rights.
64. Civil society
data show that the types of mega-projects that involved the most attacks
against land and environmental rights defenders included hydraulic (17), mining
(10), infrastructure (8), and hydroelectric projects (7). The States of Mexico,
Sonora, Oaxaca, Puebla, Colima and Campeche accounted for more than two thirds
of registered attacks.26 In its report on its 2016 mission to Mexico, the
Working Group on the issue of human rights and transnational corporations and
other business enterprises reviewed four cases involving development projects
and observed a lack of human rights due diligence in the form of adequate prior
consultation with affected communities (see A/HRC/35/32/Add.2, para. 38).
65. Community
leaders and land and environmental rights defenders who oppose large- scale
projects face violence from individuals linked to companies participating in
those projects. Such violence often goes unpunished and is tacitly or openly
supported by the local authorities. Civil society organizations documented at
least 109 cases of attacks against environmental rights defenders in 23 Mexican
states between May 2014 and June 2015. As long as the approach to development
is not broadly agreed on with affected communities, the number of social
conflicts related to land and environmental protection will continue to
increase.
66. The situation
of indigenous human rights defenders is extremely worrying. The rise in the
number of development projects and land seizures in some states has led to the
escalation of conflicts, as indigenous communities refuse to give up their
ancestral lands, which are often considered to be sacred and essential to these
communities’ existence and cultures. This situation was highlighted during a
visit to the community of San Francisco Xochicuautla, which is engaged in a struggle
to preserve its traditional lands in the context of highway construction.
67. The Special
Rapporteur heard credible testimony from communities about violence perpetrated
by armed groups, operating in collusion with local authorities and companies.
Visiting the State of Chihuahua, he witnessed the risks facing human rights
defenders protecting the rights of the indigenous Raramuri people, a community
threatened by organized crime groups and lacking State protection. On 19
January 2017, he condemned the killing of Isidro Baldenegro López.27 This
murder, together with the killing of Juan Ontiveros 15 days later, demonstrate
the precarious situation of human rights defenders in the state. In 2010,
Ernesto Rábago Martínez, another defender of the Raramuri people’s rights, was
murdered. To date, no one has been convicted of those killings.
68. Along with
linguistic and geographical obstacles that prevent them from effectively
benefiting from protection measures, human rights defenders from indigenous
communities face harassment, arbitrary detention, torture, enforced
disappearance and summary execution. Indigenous leaders, farmers and
environmentalists are pressured to cease their activities through use of the
criminal justice system to prosecute them for ordinary crimes.
69. During his
visit, the Special Rapporteur observed the link between social conflicts and
the failure to duly consult with indigenous peoples. In many instances,
consultations were mere formalities in the context of projects that had already
been rolled out. While on her visit to Mexico, the Special Rapporteur on the
rights of indigenous peoples reiterated concerns about how consultation had
been conceived and implemented in Mexico and recalled that Mexico was obligated
to consult indigenous peoples about any activity or legislative and
administrative measure that could affect them, in line with the standards
contained in the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of
the International Labour Organization, the jurisprudence of the Inter-American Court
of Human Rights and the United Nations Declaration on the Rights of Indigenous
Peoples.28
70. The search of
families for their disappeared relatives constitutes one of the most difficult
human rights issues in Mexico. Many families who have not obtained responses
concerning the situation of their missing relatives carry out their own
investigations and searches for clandestine graves. Their search for truth and
justice has led them to face countless risks and threats, as they often uncover
stories of collusion between public officials and organized crime groups. They
also become vulnerable because they carry out investigations into and advocate
against human rights violations.
71. The Special
Rapporteur was moved by the testimonies of courageous mothers, fathers,
siblings, sons and daughters, who had become human rights defenders out of
necessity. Likewise, human rights defenders who have been searching for their
disappeared family members for decades, since the “dirty war”, should be
acknowledged. Their activities should be recognized as a part of broader human
rights work. The national brigades for the search for disappeared persons and
the broader movement of families of the disappeared have helped to prevent many
disappearances.
72. Whistle-blowers
are particularly at risk. Even though existing legislation protects the right
of journalists to inform the public of cases involving fundamental rights,
there is no such protection for those who, owing to their post, may have access
to information on issues such as corruption, health, security or the
environment. There is no legal framework in Mexico that defines, recognizes and
protects ordinary citizens or public servants who disclose information. On the
contrary, whistle-blowers may be prosecuted, especially if they reveal
information related to transnational or public sector companies.
73. In his 2015
report, the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression encouraged States to adopt or revise and
implement national laws protecting the confidentiality of sources and to adopt
or revise and implement national legal frameworks protecting whistle-blowers
(see A/70/361, paras. 61 and 63).
74. The Special
Rapporteur on the situation of human rights defenders is also concerned about
the risks faced by human rights defenders working on migrants’ rights. As
Mexico is a country of origin, transit, destination and return of migrants and
their families, the work of human rights defenders has become increasingly
important with regard to the protection of these populations. Human rights
defenders providing humanitarian assistance to migrants and those activists
working along the route of the “beast” train face particular risks, mainly due
to the activities of organized crime, trafficking and armed groups, who target
both migrants and defenders through extortion, rape, kidnapping and murder.
Migrant rights advocacy carries additional challenges in terms of access to
information and the participation of surviving family members in
investigations. Migration officials and private security companies are known
for harassing and delegitimizing the work of migrant activists (see
CMW/C/MEX/CO/3, para. 21).
75. Defenders of
the rights of lesbian, gay, bisexual, transgender and intersex persons have
also been targeted by campaigns designed to stigmatize them, heightening the
climate of fear in which many of them live. Attacks against lesbian, gay,
bisexual, transgender and intersex rights activists are usually related to
efforts to promote recognition of their rights. Prejudices based on sexual
orientation and gender identity held by police officers and prosecutors reduce
the effectiveness of investigations into attacks on such activists. The
assassinations of such activists are not investigated as hate crimes, neither
is the lesbian, gay, bisexual, transgender or intersex rights activism of the
victims usually taken into account. Moreover, the authorities often denigrate
victims in an attempt to trivialize attacks. Transgender rights defenders often
face increased risks due to the higher levels of sexual violence against
transgender persons, sometimes resulting in their murder, as was the case with
transgender activist Jennifer López in Ometepec, in the State of Guerrero. In
many states, defenders of lesbian, gay, bisexual, transgender and intersex
persons’ rights face problems when attempting to organize, use public spaces or
access resources and are ignored by local and state authorities. They may also feel isolated
from the broader community of human rights defenders.
IV. National
Protection Mechanism for Human Rights Defenders and Journalists
76. The Special
Rapporteur acknowledges the establishment, in 2012, of the National Protection
Mechanism for Human Rights Defenders and Journalists, in order to address
security concerns that arose among human rights defenders due to persistent
attacks against them and to ensure their safety and enabling conditions for
their work. The Mechanism’s governing board is composed of four government
entities, including the Office of the Attorney General and the Federal Police.
77. At the time
of the visit, the Mechanism had provided protection to 386 human rights
defenders and 260 journalists. The Mechanism, the cooperation it fosters
between authorities and civil society, its decision-making procedures and its
day-to-day operations are seen as examples of good practice for other
countries. The very existence of the Mechanism confirms the valuable role
played by human rights defenders in society and the need for the Government to
afford them protection. Consequently, the Mechanism deserves the support of all
stakeholders.
78. Despite the
success of the Mechanism in preventing some violations against human rights
defenders, as a policy tool it has not brought about an enabling environment
for human rights defenders. To date, the Mechanism has been somewhat reactive
in nature. Civil society pointed out the lack of coordination between federal
and state authorities to ensure optimal protection on the ground, and a lack of
funding for protective measures both at the federal and state levels.
79. The
Mechanism’s focus has been on delivering piecemeal security measures, rather
than on adopting a broader approach to protection and it has not sufficiently
addressed the root causes of threats. This undermines the effectiveness of the
Mechanism’s protection measures and may place strain on its capacity due to the
large number of cases of unsolved human rights violations. It is also important
to consider the collective element of protection for human rights defenders,
who are often embedded in the social fabric of their community. Risk analyses
and related protection measures should reflect human rights defenders’ social
and communal needs, ensuring a more comprehensive approach to security in the
long-term. The Mechanism should also address reports of a lack of medical and
psychological care for human rights defenders.
80. As part of a
more preventive approach, the Mechanism should enhance cooperation with other
entities to ensure that protection measures go hand in hand with prompt and
exhaustive investigations. If investigations into attacks against human rights
defenders continue to stall owing to a climate of impunity, no protection
scheme will be sufficient to prevent further rights violations.
81. The promotion
of the role of human rights defenders should be a central aspect of the work of
the Mechanism: public campaigns and other tools should be used to increase
public awareness of that role, both at the federal and state levels.
82. The
Declaration on Human Rights Defenders provides for a broad approach when
defining the term “human rights defender”. In this vein, the Mechanism should
apply a wide set of criteria when determining who qualifies for protection.
Online attacks against human rights defenders should be treated as seriously as
physical acts of aggression.
83. Despite the
progress made regarding its risk assessment methodology, the Mechanism would
benefit from a more differential approach to human rights defenders. In
particular, any gender-specific approach needs to include a comprehensive
review of the different types of risks and violence facing women human rights
defenders. The Mechanism should employ women staff members who are properly
trained to deal with such risks. In addition, specific protection measures for
women human rights defenders are required, such as women security guards and
tools to address the effects of sexual violence. Concrete actions are also
needed to help women human rights defenders overcome stigmatization and
delegitimization.
84. The
integration of a multicultural and collective approach to risk analysis
relating to indigenous communities or human rights defenders should contribute
to the adoption of protection measures that are relevant and effective in their
settings. Rural or remote settings require different approaches from urban
ones. For instance, panic buttons and satellite phones are not always tailored
to the needs of rural human rights defenders. Policies in line with the Guiding
Principles on Internal Displacement should be adopted to cater for the needs of
displaced human rights defenders. Risk analyses covering family members and, in
particular, children, should be offered to all human rights defenders.
User-friendly manuals containing security assessment methodology, procedures
and existing guidelines should be made available online to ensure improved
access for human rights defenders.
85. The Special
Rapporteur urges the Office of the Attorney General to draw on its
participation in the work of the Mechanism to ensure that crimes against human
rights defenders are duly investigated. This also applies to cases involving
online attacks and smear campaigns run through social media networks, which
require specialized investigation. The Federal Police should guarantee that an
adequate number of properly trained police, including women officers, are
available to provide protection on behalf of the Mechanism. The Mechanism
should also cooperate with other security actors, such as the army and the
navy, to enhance the security of the human rights defenders under its protection.
86. Cooperation
and coordination with state-level authorities should be bolstered, in
particular given that the majority of attacks against human rights defenders
originate at the state level. These authorities should adopt a zero-tolerance
approach towards attacks against human rights defenders. The National
Conference of State Attorneys General should, in consultation with civil
society, adopt specialized protocols for the prevention and investigation of
violence against human rights defenders.
87. The two early
warning systems set up jointly by the Mechanism and the authorities of the
States of Veracruz and Chihuahua represent an interesting tool for addressing
structural issues relating to the environment in which human rights defenders
operate. Those early warning systems have yet to deliver results and require
greater cooperation and coordination between the three levels of government in
Mexico. The Special Rapporteur recommends evaluating the systems’ effectiveness
periodically, carrying out follow-up actions and expanding them to other
states, depending on the situation on the ground.
88. Any future
state-level protection mechanisms for human rights defenders should have
adequate resources and proper guidelines and structures allowing for the participation
of civil society. The Special Rapporteur acknowledged the establishment of a
protection mechanism in Mexico City following a law adopted in 2015, which
encompassed such good practices as provision of access to economic and social
rights.
89. Efforts to
improve the staffing situation within the Mechanism should be further
strengthened. Staff should be hired based on selection criteria that ensure
that they are aware of human rights issues and should be given suitable
employment contracts. Managerial tools should be adopted regarding the timely
implementation of protection measures and the evaluation of service delivery.
The Mechanism should be allocated a budget that is sufficient to meet its needs
and ensure financial sustainability.
V. National and
local human rights institutions
90. National
human rights institutions are key partners in promoting the right to defend
human rights and, as human rights defenders, they sometimes face risks for
carrying out their independent mandate.
91. Mexico has a
complete system of human rights institutions, including the National Human
Rights Commission and the 32 state-level human rights institutions. The Special
Rapporteur recommends that the state-level institutions follow the example of
the National Human Rights Commission by seeking to fully comply with the
principles relating to the status of national institutions for the promotion
and protection of human rights (the Paris Principles) and by establishing
specialized entities focusing on the right to defend human rights.
92. Human rights
institutions should be more vocal in both condemning attacks against and
supporting human rights defenders. They also need to work more closely with
human rights defenders in order to provide increased support in its various forms.
In line with international standards, human rights institutions should apply
broad definitions of the terms “human rights defender” and “journalist” and
work to ensure that the authorities and wider society are aware of the
important role played by human rights defenders.
93. The National
Human Rights Commission has increasingly used its constitutional mandate to
challenge the constitutionality of laws and should be encouraged to continue
along this path. State-level institutions should also review and challenge laws
with the potential to restrict the recognition and exercise of human rights.
94. The Special
Rapporteur recognizes the importance of the general recommendations issued by
the National Human Rights Commission and calls for this practice to be
replicated at the state level. He was surprised to observe the low number of
recommendations, precautionary measures or statements issued in some states,
despite the evidence indicating high numbers of serious violations against
human rights defenders. He therefore urges state- level human rights
institutions to be more active in this regard. He also calls on the Commission
to put in place a follow-up mechanism for the implementation of its general and
specific recommendations.
95. The Special
Rapporteur acknowledges the risks faced by members and employees of the
National Human Rights Commission and state-level institutions as a part of
their human rights work. In that context, the Special Rapporteur expressed his
outrage at the killing, in November 2017, of Silvestre de la Toba Camacho, an
ombudsperson in the State of Baja California Sur, and called on the Mexican
authorities to carry out a thorough investigation and to bring the perpetrators
to justice.29 National human rights institutions have observed that the
indifference of the three levels of government favoured conditions that
violated [the rights of] human rights defenders.
96. The
Government of Mexico should consider the work of its federal and state-level
human rights institutions as protected activity in defence of human rights, in
line with the Declaration on Human Rights Defenders. The Special Rapporteur
urges the Government of Mexico to set up protection schemes designed to allow
human rights defenders to perform their mandated functions in a safe and
independent manner.
VI. Role of
non-State actors
97. The Special
Rapporteur was informed of the negative impact that the actions of enterprises
(in particular those operating in the mining, construction, infrastructure,
energy, telecommunications, security, transport and media sectors) have on
communities across Mexico and on the work of human rights defenders.
98. Public and
private companies must respect human rights and internationally accepted
principles relating to business and human rights, including the Guiding
Principles on Business and Human Rights. Companies should publicly recognize
and respect the positive role of human rights. They must refrain from actions
that could, in any way, negatively affect the enjoyment of human rights. As observed
by the Working Group on the issue of human rights and transnational
corporations and other business enterprises, companies in Mexico should have
incentives to clearly and publicly distance themselves from acts of violence
and intimidation and to conduct their own human rights due diligence, lest they
incur financial and reputational costs (see A/HRC/35/32/Add.2, para. 85).
99. Any company
involved in a project or projects that might affect indigenous communities
should promote prior and meaningful consultations with them; refrain from
taking actions that can affect these consultations, including actions that can
contribute to the division of communities; and offer all the relevant
information on the projects concerned to the affected people in an accessible
and culturally appropriate way.
100. Employees of
security companies in different states, charged with guarding infrastructure
projects and railroads, act against victims of human rights violations and
their defenders, such as migrants’ rights defenders and indigenous rights
defenders. The Special Rapporteur understands that those attacks remain
unpunished and that these companies are not facing sanctions due to the use of
force.
101. Mexico is
about to finalize its national programme on business and human rights. During
the visit, the Special Rapporteur recommended that the programme should
incorporate a strong component on the responsibility of international and
Mexican enterprises to support human rights defenders and to prevent
criminalization or other forms of targeting of human rights activities,
including with regard to indigenous and community rights defenders. Human
rights defenders should be involved in the design, implementation, monitoring
and evaluation of the programme.
102. In July 2017,
the Civil Society Focal Group on Business and Human Rights in Mexico announced,
in a letter to the Working Group on the issues of human rights and
transnational corporations and other business enterprises, the withdrawal of
its support for the latest draft National Programme on Business and Human
Rights. The concerns raised in the letter included the absence of “solid
mechanisms for the protection of human rights defenders, journalists and
whistle-blowers” and the fact that companies are not urged to publicly condemn
attacks and intimidation against those actors. 30 The Special Rapporteur
acknowledges the Government’s efforts to develop the Programme through
consultation with broader civil society. Stressing the significance of the
recommendations made in the letter, he encourages the Government to engage with
civil society organizations in order to address gaps in the final Programme and
to gain strong recognition and support from all stakeholders in Mexico.
103. Defenders of
the rights of lesbian, gay, bisexual, transgender and intersex persons and
sexual and reproductive rights have reported that religious groups have, at
times, undermined their efforts to ensure the wider recognition of these
rights. In addition, through their actions and statements, religious groups
have created a climate of harassment in which advocates of such rights are
targeted. Reports also indicate that the secular nature of the State is not
fully respected because of the close relationship between certain religious
groups and political/economic actors. This situation allows such groups to
exert undue influence over the authorities in order to promote the adoption of
decisions, including legal amendments, which can adversely affect the enjoyment
of human rights.
104. Due to the
patriarchal structure of some religious groups, women human rights defenders
working within them have to contend with very low visibility and obstacles,
despite playing a central role in promoting human rights in various
environments.
105. The Mexican
authorities have recognized the challenge the country faces in the form of
organized crime groups, who pose serious security challenges to human rights
defenders. Sometimes human rights defenders and families searching for
disappeared relatives come up against such groups and corrupt officials. Members
of organized crime groups are sometimes hired by actors to attack human rights
defenders who oppose their interests. Collusion between organized crime groups
and the authorities is one of the most disturbing elements contributing to
attacks against human rights defenders in Mexico. Despite the risks, a number
of human rights defenders and journalists continue to denounce the infiltration
of state institutions by organized crime groups, especially attorneys’ offices
and the police.
VII. Community of
human rights defenders
106. Meeting with
more than 800 human rights defenders from 24 states reinforced the Special
Rapporteur’s impression that Mexican civil society is diverse and vibrant.
During those meetings, he stressed that human rights defenders also have a role
to play in contributing to a safe and enabling environment. They are
responsible for conducting their work professionally, in a peaceful and non-discriminatory manner,
and with due respect for international human rights principles.
107. The Special
Rapporteur reiterates that formal and informal networks that connect human
rights defenders and supporters to each other are a key factor in protection
(see A/HRC/31/55, para. 60). Such networks allow human rights defenders to
share information, coordinate actions, express solidarity, pool resources and
provide psychosocial support. Strong relationships allow rapid mobilization in
times of crisis and mitigate the risks of threats and attacks.
108. However, a
number of human rights defenders
informed the Special Rapporteur that they
remained isolated from broader networks due to the specific nature of their
work or their remote location. The Mexican human rights movement should
strengthen networks outside the capital and metropolitan cities and reach out
to rural and isolated human rights defenders, who are often more exposed to
risks. In order to remain inclusive, civil society organizations should
regularly assess the extent to which they connect with and support
marginalized, stigmatized and geographically isolated human rights defenders.
Solidarity and a unified voice are key to the safety and empowerment of human
rights defenders.
109. Furthermore,
human rights networks were understandably concerned at the immediate threats
and risks faced by their members. It is critical that sufficient attention be
paid to the comprehensive review of their safety and security, including
through root-cause analysis, risk assessment and stakeholder mapping.
110. It is also
essential that human rights defenders continue to make full use of
international and regional human rights mechanisms when reporting human rights
violations and seeking protection and redress.
VIII. Conclusion
and recommendations
111. The Special
Rapporteur’s mandate was established, among other things, to support official
efforts to improve the full recognition and protection of human rights
defenders. It was in that spirit that he conducted his visit to Mexico and has presented
the present report. The Special Rapporteur was dumbfounded by the extreme
violence in Mexico, the climate of near-absolute impunity and the alleged
corruption and infiltration of the prosecutorial and security forces by
criminal elements. At the same time, he was positively surprised by the
resilience of human rights defenders and their courage in seeking truth,
justice and reparation.
112. There will be
no noticeable improvement in the situation of human rights defenders as long as
impunity remains persistent and rife. Meanwhile, success in the fight against
impunity will depend on overcoming the challenges of corruption, organized
crime and continued militarization of public security.
113. In December
2018, the international community will celebrate the twentieth anniversary of
the Declaration on Human Rights Defenders. This could be an opportunity to halt
and reverse the slide of Mexico into the spot of the most dangerous country in
the world for human rights defenders. The Government of Mexico should show
political will and bring all relevant actors together at a national summit
dedicated to the protection and empowerment of human rights defenders. The
protection of human rights defenders should be made a national priority.
114. In order to
facilitate such a process, the Special Rapporteur puts forward a series of
recommendations, which should primarily be considered by relevant actors at all
three levels of government in Mexico. He has a number of recommendations for
other actors.
115. The Special
Rapporteur recommends that the Government of Mexico:
(a) Strengthen
the rule of law in the country, especially through full implementation of writs
of amparo and other judicial orders issued in connection to human rights
defenders and their work;
(b) Publicly
recognize, at the federal and state levels, the pivotal role played by human
rights defenders and journalists in society and condemn human rights violations
committed against them and attempts to discredit them;
(c) Ensure
prompt and impartial investigations into threats and violence against human
rights defenders, bring to justice those guilty of perpetrating or aiding and
abetting in crimes and provide reparations to the survivors of those crimes;
(d) Through the
Office of the Attorney General, consider creating, at the federal and state
levels, specialized entities to investigate cases of violence against human
rights defenders and to coordinate with other prosecutorial offices;
(e) Review the
working methods, jurisdiction criteria and results of the office of the special
prosecutor for offences committed against freedom of expression, in order to
strengthen the Office’s impact;
(f) Formulate
investigation protocols into online crimes committed against human rights
defenders and ensure mechanisms are in place to prevent illegal online
surveillance;
(g) Fully
implement international resolutions, recommendations and precautionary or
urgent measures issued by United Nations human rights mechanisms, the
Inter-American Commission on Human Rights or the Inter-American Court of Human
Rights relating to human rights defenders;
(h) Ensure that
civil society actors are meaningfully consulted during legislative debates
affecting human rights and that their views are given due consideration;
(i) Avoid adopting
legislation and revise laws that restrict the rights to freedom of association,
expression and peaceful assembly, including those establishing ambiguous
definitions of related crimes such as “disturbance of public order”;
(j) Develop,
adopt and evaluate comprehensive public policies aimed at preventing human
rights violations against women human rights defenders, as well as measures
that both address the structural causes contributing to the risks they face and
are adapted to the needs of different groups, such as indigenous peoples and
women human rights defenders;
(k) Adopt public
policies for the protection of internally displaced human rights defenders that
cater for their socioeconomic needs and operate in coordination with
victim-support schemes;
(l) Guarantee
sufficient budgetary and human resources for the functioning of the National
Protection Mechanism for Human Rights Defenders and Journalists at the federal
and state levels, including for protection measures on the ground and for the
specific protection needs of women human rights defenders;
(m) Engage in
meaningful consultations regarding projects with affected indigenous
communities and guarantee that their free, prior and informed consent is sought
and obtained in line with international norms and standards;
(n) Ensure that
foreign and Mexican investors and enterprises meet their human rights
responsibilities and sanction companies associated with human rights violations
against human rights defenders, both at home and abroad;
(o) Integrate gender
and community perspectives into all policies and ensure the participation of
women and communities in decision-making processes related to the promotion,
protection and empowerment of human right defenders, including in the context
of the National Protection Mechanism for Human Rights Defenders and
Journalists;
(p) Develop a
legislative framework concerning the protection of whistle- blowers;
(q) Take
advantage of the twentieth anniversary of the Declaration on Human Rights
Defenders in 2018 to launch a public campaign on human rights defenders, including a multi-stakeholder summit to establish the
protection and promotion of human rights defenders as a national priority.
116. The Special
Rapporteur recommends that the National Human Rights Commission and the
state-level human rights institutions:
(a) Include,
within their programmes of work, specific activities on the protection and
promotion of human rights defenders;
(b) Continue or
begin compiling and analysing statistics on the number of complaints received,
cases monitored and recommendations adopted on the safety and security of human
rights defenders;
(c) Establish a
focal point for human rights defenders with decision-making powers in each
institution;
(d) At the state
level, adopt and contribute to preventive and protection measures for human
rights defenders, as well as develop means for the public recognition of human
rights defenders.
117. The Special
Rapporteur recommends that United Nations organizations and agencies:
(a) Support and
reach out to human rights defenders, including those who are particularly at
risk in Mexico;
(b) Formulate and
implement strategies and action plans to strengthen the participation and
protection of human rights defenders and to prevent violations against them,
including within the framework of the Sustainable Development Goals and the
Human Rights Up Front initiative;
(c) Develop and
implement mechanisms for follow-up to the recommendations and opinions of the
United Nations and regional human rights mechanisms on the situation of human
rights defenders in Mexico;
(d) Monitor,
document and respond to cases of alleged acts of reprisal against human rights
defenders for cooperating with United Nations agencies and human rights
mechanisms;
(e) Provide
technical and advisory services to the Government of Mexico with regard to the
implementation of recommendations and opinions issued concerning the situation
of human rights defenders.
118. The Special
Rapporteur recommends that higher education institutions include in their
programmes and activities the promotion of human rights, engage in actions to
address the serious human rights challenges faced by Mexico and refrain from
hindering the exercise of fundamental human rights in the higher education
sector.
119. The Special
Rapporteur recommends that enterprises and other non-State actors:
(a) Respect
ethical and legal obligations, including human rights due diligence, the
Guiding Principles on Business and Human Rights and the Voluntary Principles on
Security and Human Rights;
(b) Refrain from
carrying out verbal stigmatization or legal intimidation of or physical attacks
against human rights defenders, directly or through public or private security
companies;
(c) Conduct
human rights impact assessments for all large-scale projects, ensuring the
meaningful participation of and consultation with affected communities and
human rights defenders;
(d) Disclose
information related to planned and ongoing large-scale development projects in
a timely and accessible manner to affected communities and environmental human
rights defenders, as well as establishing complaint mechanisms;
(e) Ensure that
subcontractors respect the rights of indigenous peoples and affected
communities and establish accountability mechanisms to address their
grievances.
120. The Special
Rapporteur recommends that religious groups refrain from stigmatizing human rights
defenders, and recognize the important role of faith-based human rights
defenders, especially women defenders.
121. The Special
Rapporteur recommends that civil society:
(a) Ensure that
self-protection measures are strengthened and made accessible to specific human
rights defenders at risk and in remote locations;
(b) Address the
issue of discrimination against women and lesbian, gay, bisexual, transgender
and intersex rights defenders within broader human rights movements;
(c) Take full
advantage of United Nations and regional mechanisms for the promotion and
protection of human rights defenders.
122. The Special
Rapporteur recommends that the international community:
(a) Facilitate
and host events to enhance the visibility and recognition of human rights
defenders at risk;
(b) Support and
provide temporary shelter to human rights defenders at risk and their families;
(c) Raise
awareness of the positive role of human rights defenders and share good
practices that have been effective concerning their protection;
(d) Regularly
meet with and support human rights defenders, especially those living in remote
areas;
(e) Publicly
scrutinize and condemn violations of the rights of human rights defenders;
(f) Provide
technical assistance to enhance the protection and psychosocial welfare of
human rights defenders.
*************************
1 See
http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=112&Lang=EN.
2 See
https://justiceinmexico.org/wp-content/uploads/2016/07/160726-State-of-Judicial-Reform.pdf.
3 See
https://justiceinmexico.org/mexican-lawmakers-call-for-increased-oversight-of-victims-law/.
4 See
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22492&LangID=E;
and
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22484&LangID=E.
5 See
www.theguardian.com/world/2017/dec/15/mexican-military-police-drugs-crackdown-human-
rights.
6 See
www.theguardian.com/world/2017/nov/07/mexican-military-human-rights-abuses-war-on-drugs-
report.
7 See A/HRC/28/68/Add.3; A/HRC/26/36/Add.1;
A/HRC/32/39/Add.2; CED/C/MEX/CO/1 and
www.oas.org/en/iachr/reports/pdfs/mexico2016-en.pdf.
8 See www.theguardian.com/world/2016/jun/20/violence-mexico-teachers-protest-dead-oaxaca-union;
and
https://cpj.org/blog/2016/07/in-oaxaca-reporters-covering-teachers-union-protes.php.
9 See
https://mexiconewsdaily.com/news/the-may-offensive-teachers-renew-fight.
10 Article 19 Office for Mexico and Central America and
others, Arbitary and Illegal Detentions. Criminalization: A State Policy to
Hindrance the Defense of Human Rights in Mexico (2016), p. 17.
11 See opinions Nos. 19/2015, 18/2015, 23/2014, 55/2015,
56/2015, 23/2017 and 24/2017.
12 See opinions No. 24/2017, No. 23/2017, No. 19/2015 and
No. 23/2014.
13 Article 19 Office for Mexico and Central America and
others, Arbitary and Illegal Detentions. Criminalization: A State Policy to
Hindrance the Defense of Human Rights in Mexico (2016), p. 19.
14 See www.ituc-csi.org/inter-american-commission-on-human.
15 See
https://thewire.in/130813/protection-journalists-fails-latin-america/ and
www.bbc.com/news/world-latin-america-39436568.
16 See
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22484&LangID=E.
17 See www.nytimes.com/2017/07/11/opinion/spyware-mexico-missing-students.html;
and www.pulse.ng/news/world/q-a-mexican-spying-scandal-id6991401.html.
18 See
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21892&LangID=E.
19 See A/HRC/35/32/Add.2, paras. 82–85; see also
www.ohchr.org/EN/NewsEvents/Pages/ DisplayNews.aspx?NewsID=22411&LangID=E.
20 See
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16578.
21 Inter-American Commission on Human Rights, The Human
Rights Situation in Mexico (2015), p. 14.
22 See A/HRC/28/68/Add.3; A/HRC/26/36/Add.1;
A/HRC/32/39/Add.2; and A/HRC/35/32/Add.2; see also
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22411&LangID=E;
and
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22484&LangID=E.
23 See CMW/C/MEX/CO/3; CAT/C/MEX/CO/5-6; CEDAW/C/MEX/CO/7-8;
CRC/C/MEX/CO/4-5; and CRPD/C/MEX/CO/1.
24 Inputs received from civil society in Mexico after the
visit, September 2017.
25 See
http://im-defensoras.org/2017/12/statement-national-network-of-women-human-rights-defenders-
in-mexico-29november-in-mexico-an-attack-every-day-against-women-defenders.
26 See
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?
symbolno=INT%2fCESCR%2fCSS%2fMEX%2f28821&Lang=en (in Spanish).
27 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21102&LangID=E.
28 See
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22411&LangID=E.
29 See
http://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22446&LangID=E.
30 See
www.business-humanrights.org/en/letter-form-civil-society-organizations.
