Oaxaca Libre. . . Nuestra lucha es por la Paz !

The Bar Human Rights Committee were encouraged by the cooperation of federal, state and municipal officials. Meetings were held with the Federal Ministry of Interior, Federal Attorney-General’s Office, the Supreme Court, the National Commission for Human Rights, and state and municipal officials in Guerrero and Oaxaca. The delegation also met with the Office of the UN High Commissioner for Human Rights, the British Embassy, and local lawyers and human rights defenders in Mexico City, Guerrero and Oaxaca.

On 4 December 2009, the Bar Human Rights Committee of England and Wales concluded a high-level international[1] delegation of human rights lawyers to Mexico.

 

The purpose of the delegation was to carry out an audit of the human rights situation in the state of Guerrero and Oaxaca; in particular, to assess access to justice, respect for the rule of law and the ability of lawyers and human rights defenders to exercise their professional duties freely.

 

The Bar Human Rights Committee were encouraged by the cooperation of federal, state and municipal officials. Meetings were held with the Federal Ministry of Interior, Federal Attorney-General’s Office, the Supreme Court, the National Commission for Human Rights, and state and municipal officials in Guerrero and Oaxaca. The delegation also met with the Office of the UN High Commissioner for Human Rights, the British Embassy, and local lawyers and human rights defenders in Mexico City, Guerrero and Oaxaca.

 

Members of the delegation were encouraged by the positive commitments of the State of Mexico to implement human rights policies at the federal level. However, cultural and institutional problems within the justice and public security systems are undermining the government’s ability to fight human rights impunity. The members of the delegation have grave concerns that the institutional failings at all levels are predominantly affecting members of Mexican society who are the poorest and most vulnerable, including the local indigenous population.

 

The instillation of the military to combat the narco-traffick trade has resulted in a large number of human rights abuses and impunity for military offenders. Allegations involving rape, forced disappearances, extra-judicial killings and torture are widespread within local indigenous communities, and members of the delegation are gravely concerned that these allegations have not been adequately investigated with independence and impartiality. The delegation keenly anticipates the judgment of the Inter-American Court of Human Rights in the case of Rosendo Radilla. It is hoped that the judgment will address definitively the issue of military jurisdiction in Mexico.

 

The high number of precautionary and provisional measures issued by the Inter-American system for the protection of victims and human rights defenders in Guerrero and Oaxaca is cause for concern. Inadequate implementation of these measures is such that it has had a profound effect on organisations such as the Me’phaa Indigenous People’s Organisation (OPIM) and Tlachinollan in Guerrero, as well as XXX in Oaxaca. This has created a sense of insecurity which means that human rights defenders cannot operate from their office and often work in fear of their personal security. It has exacerbated the extent of impunity for those culpable for these serious human rights offences. The members of the delegation recommend that state and federal officials implement urgently those measures to allow for the protection of victims and for human rights defenders to carry out their activities without any restrictions or fear of reprisals.

 

Access to justice is a fundamental problem for Mexico in its fight to protect human rights. Lack of resources, inadequate investigations by the Judicial police, corruption, deficiencies in the number of translators for the indigenous population and an over-complex and bureaucratic system has all lead to a lack of credibility in the justice system. For example, the delegation met with Raul Hernandez in Auytla, Guerrero, and with the lawyers of Juan Manuel in Oaxaca. These two cases illustrate the complete lack of due process within the criminal justice system, but also contribute to the perception that indigenous communities are being discriminated against by members of the justice sector. The members of the delegation call on authorities to ensure full respect for efficient and effective investigations in order to bring to justice those implicated in human rights violations. This includes professionalising standards within the police and judicial sector to adequately deal with human rights violations, and to develop confidence within the indigenous communities.