MEXICO PRESENTS REPORT TO HUMAN RIGHTS COMMITTEE ON CIVIL AND POLITICAL SITUATION

MORNING


HR/CT/99/13
16 July 1999




The Human Rights Committee this morning began consideration of a fourth periodic report from the Government of Mexico on that country's efforts to implement the International Covenant on Civil and Political Rights.

Presenting his country's report, Miguel Angel Gonzalez Felix, Legal Advisor for the Secretariat of Foreign Relations of Mexico, said the Government was fully committed to promoting the fundamental freedoms and human rights of citizens through legislative and administrative reforms. In order to strengthen the process of democracy, specialized institution such as the National Human Rights Commission had been established with full autonomy to investigate complaints, he said.

In the course of their consideration of the report, Committee members posed questions on such issues as military justice; the practice of torture; electoral reform; impunity; and fair-trial provisions, among other things.

Also included in the Mexican delegation were Alan Arias Marin, Subcoordinator for the Coordination of Negotiation and Dialogue in Chiapas; Enrique Ampudia Mello, Subcoordinator of Counsellors for the Government Secretariat; Yenerit Morgan Sotomayor, Director of Relations with the Organization of Human Rights; Maria Isabel Garza Hurtado, Assistant Legal Advisor; Guillermina Sanchez Valderrama of the National Indigenous Institute; Alicia Elena Perez Duarte, Advisor at the Permanent Mission of Mexico in Geneva; and Arturo Sanchez Gutierrez, Executive Director at the Federal Electoral Institute.

As one of 144 States parties to the International Covenant, Mexico is obligated to submit periodic reports to the Committee on how it is implementing the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will continue its consideration of the fourth report of Mexico.

Report of Mexico

The fourth periodic report of Mexico (document CCPR/C/123/Add.1) reviews legislative and administrative measures undertaken by the Government of Mexico to give effect to the provisions of the International Covenant on Civil and Political Rights. It says that Mexico's political vocation is based on the defence of the human rights of Mexicans at home and abroad.

The report says that a National Human Rights Commission was established by Presidential decree in 1990 for the protection of human rights of citizens and to consider complaints of acts or omissions of an administrative nature by an authority. The report also enumerates measures adopted between 1992 to 1996 to reduce the threat of war and the production and possession of weapons; reviews the function of the public authorities, the army and the police during states of emergency; describes steps to increase life expectancy by reducing infant mortality, eliminating malnutrition and epidemics, and by preventing environmental pollution.

According to the report, punishment by mutilation and public humiliation, branding, flogging, torture of any kind, and confiscation of property were prohibited in Mexico. Although capital punishment still existed in the country, the death penalty was prohibited for political offences.

The report says that in January 1991, a programme of services for indigenous groups was established to provide special help to the indigenous population. The social, economic and cultural characteristics make this population one of the social groups most vulnerable to human-rights violations.

Presentation of Mexican Report

MIGUEL ANGEL GONZALEZ FELIX, Legal Advisor at the Secretariat of Foreign Relations of Mexico, stated that his country was fully committed to promoting the fundamental freedoms and human rights of citizens through legislative and administrative reforms. In order to strengthen the process of democracy, specialized institutions such as the National Human Rights Commission had been established with full autonomy to investigate complaints. The Commission promoted the study, teaching and spreading of all human rights aiming at of building a human-rights culture.

Mr. Gonzelez Felix said that in the first three years of the promulgation of a law in defence of public interest, the Federal Legal Council had defended 154,492 cases. The Government was also endeavouring to make justice accessible to all through judicial reform and by increasing the number of judges.


In order to combat impunity, the Government of Mexico, through the recommendations of the National Human Rights Commission to the attonney General of the Republic, had taken measures sanctioning public servants involved in human rights violations, Mr. Gonzalez Felix went on to state. Last year alone, 1,139 State employees had been dismissed and penal action was taken against 317 of them. In addition, intensified programmes of capacity building and professional perfection had been undertaken to improve the functioning of the public sector.

Mr. Gonzalez Felix further said that his country was seriously engaged in combating the practice of torture in all its forms. During the period from December 1990 to June 1991, the principal complaints received by the National Human Rights Commission were cases of torture, which amounted to 225. However, the number of cases had dropped since. Despite efforts made by the Government of Mexico to combat the phenomenon of torture, cases of torture were still reported in the country.

The Government was concerned by the economic, social, political and cultural situation of its population, particularly of its, indigenous communities, Mr. Gonzalez Felix said. Although the majority of the population was of mixed race, Mexico had indigenous communities of 10 million scattered throughout the republic in 24 groups. The Mexican Constitution had recognized the multicultural composition of the Mexican nation. In addition, legislative reforms had been developed at federal and state levels to promote and protect the rights of indigenous people to their particular characteristics.

Discussion of the Mexican Report

In response to a number of written questions prepared by Committee members in advance, the delegation of Mexico said that the San Andres Agreement signed on 16 February 1997 between the Government of Mexico and the Zapatista National Liberation Army (ZNLA) was not a definite agreement but a partial one aimed at creating a situation of detente. The agreement provided for Constitutional reforms and the enactment of new legislation to enhance indigenous rights. In addition, the agreement was reached within the context of the Mexican Constitution and strengthened the unity of the country. The Government was also committed to self-determination for its indigenous communities. However, there had been divergence on the principle of self-determination because of the Government's policy to consider the various indigenous components as communities.

The delegation said that since the signing of the agreement regarding the special situation in Chiapas, the Federal Government had designed a coherent strategy to develop the region economically, socially and politically.

Concerning the Constitutional and legal framework, within which the Covenant was implemented, the delegation of Mexico said that the establishment of the National Human Rights Commission was one of the efforts of the Government to implement the provisions of the International Covenant. The Commission had been engaged in strengthening and broadening public understanding of human rights and was also committed to defending victims of human rights violations. In addition, the Commission had carried out mass promotion and dissemination of human rights standards through different academic and training activities.

Mexican officials said initiatives had been taken to ensure that women enjoyed equality in terms of their participation in politics and to increase positions at the decision-making level for women in the executive branch of Government. Ten per cent of executive positions were held by women; and 32 per cent of higher district courts were staffed with women.

In addition, the right of women to participate in the political and public life of the country on equal terms with men was guaranteed by the Constitution, which established the individual freedoms of all inhabitants of Mexico without distinction. In 1991, women constituted 54.1 per cent of the electorate.

The delegation said that in conformity with the Government's commitment to respect and protect human rights, Mexican legislation provided for a number of measures to prevent any arbitrary deprivation of life and to punish those guilty of violent acts.

With regard to confessions obtained by coercion, the delegation said that the country's criminal code prohibited such practices and a judge could declare null and void any confession obtained by means of torture.

Responding to a question on prison overcrowding, the delegation said that measures had been taken to reduce the number of prisoners by encouraging and supporting their early release and their social integration. To combat alcohol and other drug abuse in prison, the Government had taken measures to ensure vigilance in prisons.

Committee members also asked questions on such issues as military justice; the practice of torture; electoral reform; impunity; and fair-trial provisions.