CNDH’s 2020 Recommendations on Human Rights Violations

Logo for Mexico's National Human Rights Commission
Photo: Wikimedia.

01/21/21 (written by kheinle) — Mexico’s National Human Rights Commission (Comisión Nacional de los Derechos Humanos, CNDH) issued 90 standard recommendations (recomendaciones) in 2020 against offending institutions and local, state, and federal bodies. The ombudsman generates these formal reports for the government agency against which a complaint (queja) about a human rights violation has been levied. The recommendations are a list of steps that the accused parties need to take in order to repair and remedy the damages caused.

CNDH’s 2020 Recommendations

Of the 90 such recommendations issued in 2020, the most were against Mexico’s Institute of Social Security (Instituto Mexicano del Seguro Social, IMSS), which received 12. This was followed by the Institute for Social Security and Services for State Workers (Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado, ISSSTE) and its executive leadership (Dirección General del ISSSTE), which had a combined ten. Mexico’s National Institute of Migration (Instituto Nacional de Migración, INM) had six recommendations.

The only other authorities that received more than three recommendations were the Secretary of Security and Civilian Protection (Secretaría de Seguridad y Protección Ciudadana, SSPC), the Attorney General’s Office (Fiscalía General de la República, FGR), and the State Attorney General’s Office of Chiapas (Fiscalía General del Estado de Chiapas), each with four. Below that, four institutions received three recommendations each, and another eight received two each. The remaining 87 bodies all received just one recommendation, the majority of which were municipal governments. These 90 recommendations are categorized differently than CNDH’s general recommendations, recommendations for grave violations, and recommendations based on the national protocol to prevent torture. For more information on CNDH and the recommendation process, check out Justice in Mexico’s special report on human rights violations.

Mexico’s Military and Human Rights

The building headquarters for Mexico's Institute of Social Security located in Mexico City.
Headquarters for Mexico’s Institute of Social Security (IMSS) located in Mexico City. Photo: Wikimedia.

Mexico’s military is among the institutions that regularly receive CNDH recommendations. The military’s presence in the streets increased as former President Felipe Calderón took on Mexico’s brutally violent organized crime groups during his 2006-2012 presidency. As Justice in Mexico reported in its 2012 publication, “Armed with Impunity: Curbing Military Human Rights Abuses in Mexico,” Calderón’s massive deployment of troops increased civilian exposure and vulnerability to abuses by military personnel.

This civil-military relationship in Mexico largely mirrors that of fellow Latin American countries in Central and South America. As Adam Isacson of the Washington Office on Latin America wrote in a July 2020 article, “The past decade has already seen a worrying erosion of the region’s transitions from military rule to civilian democracy.” Despite being one of the country’s most trusted institutions, Mexico’s military is notorious for its human rights violations. The CNDH’s recommendations over the years document this civil-military relationship, as discussed below.

Secretary of National Defense

In 2011, Mexico’s Secretary National Defense (Secretaría de la Defensa Nacional, SEDENA) received 25 recommendations, and another 14 in 2012. That number then dropped to three in 2013 and one in 2014 under the Peña Nieto administration (2012-2018). It has since registered between one and five recommendations per year for the six subsequent years, including three in 2020. This brings SEDENA’s ten-year total since 2011 to 62 such recommendations. SEDENA also was part of two general recommendations (recomendaciones generales) received in 2020, as well as two recommendations involving grave violations of human rights (recomendación por violaciones graves).

SEDENA's director, General Sandoval González, stands in front of a historic painting and the Mexican flag.
General Luis Cresencio Sandoval González, head of SEDENA. Photo: Gobierno de México.

Its most recent recommendation received, Recomendación 78/2020, is a reminder of the slow pace at which human rights violations are often reported, verified, and publicized. Released on December 10, 2020, the CNDH recommendation was directed to General Luis Cresencio Sandoval González, the head of SEDENA. It details the agency’s investigation and findings into the case of the arbitrary detention and torture of a soldier who was unlawfully apprehended in Morelia, Michoacán by members of the then named Judicial Military Police (Policía Judicial Militar). The military police allegedly thought the soldier was a member of a drug cartel, feigning his way a member of the military. After his arrest and subsequent torture, the victim was detained in a prison in Tepic, Nayarit. The incident happened in April 2010; the case was filed in 2017; and nearly three and half years later, CNDH published its findings in 2020.

CNDH included several recommendations for SEDENA, the institution in violation, to move forward in addressing and correcting its mistakes. In addition to “repairing damage caused to the victim,” CNDH also recommended instituting human rights training courses for SEDENA personnel that “focus on eradicating arbitrary detention, illegal holding, preventing and eradicating torture and other cruel, inhumane, and degrading treatment.”

Secretary of the Navy

Mexico’s Secretary of the Navy (Secretaría de Marina-Armada, SEMAR), meanwhile, had no standard recommendations issued against it in 2020 and just two in 2019. Over the past ten years, SEMAR received 39 recommendations, about a third less than SEDENA’s total since 2011. Its annual recommendations have varied between one and seven per year, with its highest tallies in 2013 and 2016. In 2020, SEMAR also was named in the same two general recommendations issued against SEDENA. SEMAR did, however, receive three separate recommendations involving incidences of grave violations.

SEMAR did take an important step toward protecting human rights when it signed a Collective Agreement to Collaborate (Convenio General de Colaboración) with CNDH in December 2020. Rooted in principles of building a “culture of legality” and “respect for human rights,” the agreement focuses on “preventing, training, and promoting” human rights programs between SEMAR and CNDH. This agreement comes nearly ten years after the last Collective Agreement between the two was signed in March 2011. Since then, SEMAR and CNDH have signed and implemented a number of more specific agreements to develop and execute courses, certifications, and training programs to ground SEMAR’s officers and personnel in protecting human rights. 

Military Training to Protect Human Rights

The cover image of the Falsas Salvaguardas report
Photo: Equis.

Nevertheless, a recent report found serious concerns with the military’s handling of human rights violations. The report, “False Safeguards: Training of the armed forces on human rights and gender (2010-2019),” was published the week before CNDH’s Recomendación 78/2020 against SEDENA. Data Cívica, EQUIS Justicia para las Mujeres, and Intersecta – a mix of several civic institutions and national and international organizations – authored the report.

“False Safeguards”

The ten-year investigation argues that the military has failed to follow through on recommendations and even mandates made by national and international organizations to properly train members of Mexico’s military on human rights protections. This includes failure to comply with the Inter-American Court of Human Rights’ ruling from a landmark case involving Ines Fernández Ortega and Valentina Rosendo Cantú, two indigenous women who were raped by Mexican soldiers in 2002. It also includes the IACHR’s decision in 2018 that found the Mexican officials responsible for the disappearance of three family members in 2009 in Chihuahua: Nitza, José, and Rocío.

SEDENA, SEMAR, and the National Guard Respond

The three branches of the military named in “False Safeguards” – SEDENA, SEMAR, and the National Guard – all pushed back immediately on the report’s finding. For its part, SEDENA argued that is has spent “hundreds of millions of pesos on training activities.” It continued, stating that the report does not consider all of the work that SEDENA has done “to guarantee that the injustices committed against Inés Fernández Ortega, Valentina Rosendo Cantú, Nitza Paola Alvarado Espinoza, José Ángel Alvarado Herrera, and Rocío Irene Alvarado Reyes don’t happen again.” SEMAR and the National Guard made similar arguments, noting that they either were not required to comply with the IACHR’s ruling or simply did not have the capacity to provide all of the information requested from the report’s authors on their specific human rights training and protocols.

To read the full report, “False Safeguards: Training of the armed forces on human rights and gender (2010-2019)” (“Falsas salvauardas: Las capacitaciones de las fuerzas armadas en derechos humanos y género”), click here.

Sources:

“Great News for Inés Fernández Ortega and Valentina Rosendo Cantú!” Amnesty USA. October 6, 2010.

Daly, Catherine et al. “Armed with Impunity: Curbing Military Human Rights Abuses in Mexico.” Justice in Mexico. July 2012.

Isacson, Adam. “In Latin America, COVID-19 Risks Permanently Disturbing Civil-Military Relations.” Washington Office on Latin America. July 20, 2020.

“Falsas Salvaguardas: Las capacitaciones de las fuerzas armadas en derechos humanos (2010-2019).” Data Cívica, Equis, Intersecta. December 2020.

Camacho Servin, Fernando. “Comisionado de ONU-DH cuestiona manejo de derechos humanos en México.” La Jornada. December 9, 2020.

Flores Martínez, Raúl. “Semar y CNDH capacitarán a marinos en protección de DH.” Excelsior. December 10, 2020.

“México no ha cumplido con mandatos de la Corte IDH para capacitar a militares en derechos humanos.” Animal Político. December 10, 2020.

“A 2 años de que la CorteIDH culpó a México de la desaparición de 3, la familia sigue sin justicia.” Sin Embargo. December 21, 2020.

“CNDH emite recomendación a Sedena por caso de integrante del Ejército torturado por militares.” Proceso. December 31, 2020.

Web. “Recomendaciones.” Comisión Nacional de los Derechos Humanos. Last accessed January 3, 2021.

Feminist movement occupies human rights facilities

09/22/20 (written by vrice)—While rising feminist protests in Mexico during the early months of 2020 were hampered by the coronavirus pandemic, feminist collectives have begun mobilizing again by occupying two nationally-recognized human rights facilities. Mexico possesses the highest number of femicides per capita in Latin America. In the wake of a 60% uptick in domestic violence cases during the pandemic lockdown, Mexican women’s call for justice has taken on increased urgency.

Occupation of the CNDH

Mexico’s National Human Rights Commission (Comisión Nacional de Derechos Humanos, CNDH) is headquartered in Mexico City. Since Thursday, September 3, these headquarters have been occupied by feminist collectives Frente Nacional Ni Una Menos (National Front Not One (Woman) Less) and Aequus, Promoción y Defensa de los Derechos Humanos (Equal, Promotion and Defense of Human Rights). Occupiers demand greater government action to protect against and investigate increasing cases of violence against women. The collectives have turned the headquarters into a shelter for those facing gender-based violence, equipped with medical and legal professionals who have served about 100 women in the first week of September.

Occupation of the CODHEM

On September 10, in solidarity with the CNDH occupation, feminist collectives occupied the headquarters of the Human Rights Comission for the State of Mexico (Comisión de Derechos Humanos del Estado de México, CODHEM) in the municipality of Ecatepec. The collectives said that they were given CODHEM’s permission to peacefully occupy the office and cited motives akin to those of occupiers in the CNDH. Mexican state authorities have been accused of excessive force in their removal of occupiers, during which they detained 11 women, two men, and multiple minors. A few hours after the arrestees’ release on September 11, protestors set fire to and spray painted the CODHEM office to rebuke the police’s violent arrest and removal of occupiers.

Feminist activists outside the CNDH announcing the auction (“subasta”) of the altered Francisco Madero painting denounced by AMLO. Photo: El Universal.

Responses could suggest growing solidarity

In response to the CNDH occupation, President Andrés Manuel López Obrador (AMLO) said that he respects the just demand presented by the collectives. Although, AMLO maintained that he condemns violence and occupiers who spray painted walls and painted on a portrait of Mexican revolutionary and former president Francisco I. Madero. The president denounced the latter acts as vandalism. Akin to AMLO’s call for nonviolence, Mexico City Mayor Claudia Sheinbaum emphasized in a press conference that the fight must be peaceful, citing rights to freedom of expression and to protest. The CNDH has also weighed in, maintaining that the organization has no intention to file charges against occupiers and even offering the feminist collectives a different building from which to continue conducting work to combat gender-based violence. The president of the CNDH, Rosario Piedra Ibarra—whose resignation the collectives have requested—affirmed that she is on the side of victims and that the occupiers are not the enemy that needs to be defeated; rather, she called for dialogue. Yesenia Zamudio, one of the Ni Una Menos collective leaders, expressed to El Universal that government officials were less equipped than occupiers to run the CNDH offices.

Meanwhile, the police removal of the CODHEM office occupiers was denounced via Twitter by the State of Mexico’s Governor, Alfredo Del Mazo Maza. The governor also shared that he instructed two officials (including the State of Mexico’s Secretary of Justice and Human Rights, Rodrigo Espeleta) to support the women and safeguard their rights. The State of Mexico’s Attorney General’s Office (Fiscalía General de Justicia del Estado de México, FGJEM) released a statement denying the use of excessive force and stating that individuals had been detained on charges of illegally occupying a public service building. Similar to the CNDH case, the FGJEM maintained that it will not pursue criminal charges against the occupiers. CODHEM expressed that it was on the side of the feminist movement and stands with victims of violence and femicide, parallel with the sentiments of Pierda regarding the CNDH’s occupation. However, hours later when protestors set fire to the office, CODHEM released a tweet condemning these acts as hindering efforts to protect human rights in the State of Mexico. In a press conference on September 11, AMLO asserted that he had not been briefed on the feminist occupiers’ removal. He then requested that the occurrences be investigated and the women be protected from harm.  

Police officers used fire extinguishers to disperse protestors who demanded the release of detained CODHEM occupiers. Photo: El País.
Police officers used fire extinguishers to disperse protestors who demanded the release of detained CODHEM occupiers. Photo: El País.

Significance of occupation locations and the larger pattern of mobilization

Various catalyzing events for the Mexican feminist movement have taken place in Mexico City (Ciudad de México, CDMX), the nation’s capital. Public demonstrations erupted after the rape of a 17-year-old girl by four police men in a patrol car in 2019 and the murders of 25-year-old Ingrid Escamilla and 7-year-old Fatima Cecelia Aldrighett Anton in 2020. The murders of Escamilla and Aldrighett occurred a few weeks before International Women’s Day on March 8, and led to the greatest turnout in such a march in Mexico’s history. 

 The CNDH headquarters are located in Mexico City. In 2019, Mexico City saw the greatest number of registered sex crimes for any city across Mexico with 6,507—nearly 13% of the national total. This type of crime includes but is not limited to sexual abuse, rape, and varying forms of sexual assault. In the same year, the city also registered the nation’s third highest number of femicides at 71. The CODHEM office, meanwhile, is located in the State of Mexico, which also saw 123 cases of femicide in 2019. These rates make it the state with the second highest cases in all of Mexico. Moreover, in 2019, Ecatepec the municipality where the CODHEM office is located, registered the highest number of cases of intentional injury (5,392), the most cases of extortion (296), and the second most robberies (25,168) in the country. The threatening environments for women in CDMX and Ecatepec may explain parallel demands of CNDH and CODHEM occupiers for the government to more actively address gender-based violence.  

The CNDH and CODHEM occupations are not isolated incidents. In fact, over the last two weeks in solidarity with Ni Una Más, feminist collectives have also symbolically occupied local human rights commissions in Aguascalientes, Michoacán, Puebla, Tabasco, and Veracruz. The violent removal of occupiers in Ecatepec is part of a pattern of police behavior in which feminist demonstrations are met with violence. For example, police violently ended a march in Ciudad Juárez, Chihuahua against police brutality last week and arrested 28 women. Furthermore, an August manifestation against sexual assault in León, Guanajuato ended in the arrests of various women, who reported sexual assault against the officers who detained them.

Feminists have grown increasingly aggravated as the threat of gender-based violence continues to rise in Mexico. Data from the Mexican National Public Security System (Sistema Nacional de Seguridad Pública, SNSP) shows 2019 was the most violent year on record for women, and just this August the country registered the highest monthly total for femicides in Mexican history. Statistics from El Sol Mexico estimated that two-thirds of women over 15 years of age in Mexico would be forced to quarantine with a violent partner due to the coronavirus outbreak. Moreover, during the first three weeks after stay at home orders were issued at the end of March, violence against women surged by 30-100%, according to approximates by Mexican authorities. For more resources and statistics, visit Justice in Mexico’s recent blog post examining violence against women during the COVID-19 lockdown here.

Sources

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Comisión de Derechos Humanos del Estado de México (@CODHEM) “Condenamos los actos de que fueron objeto las instalaciones y bienes de la Visitaduría General en #Ecatepec; un daño severo al patrimonio de las y los mexiquenses, que impacta el servicio de protección, promoción y defensa de los #DDHH en 15 municipios esa zona del #Edoméx.” Sept. 11, 2020, 5:38 PM.

Del Mazo Maza, Alfredo (@alfredodelmazo). “El Gobierno del Estado de México reprueba las acciones llevadas a cabo por la @fiscaliaEdomex en contra de las mujeres que se manifestaron en la @CODHEM. He dado la instrucción para que Melissa Vargas titular del 

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