UNCERTAIN FUTURE FOR HUMAN RIGHTS REFORM BILL

UNCLAS MEXICO 001830

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL PHUM MX
SUBJECT: UNCERTAIN FUTURE FOR HUMAN RIGHTS REFORM BILL


1. (U) Summary. In late April, the Mexican Chamber of
Deputies adopted a bill modifying five articles of the
Mexican Constitution as part of an effort to bring Mexican
law into compliance with Mexico's international treaty
obligations relating to human rights principles. If
ultimately adopted by the Senate, these reforms will impose
new requirements on the Mexican government in the area of
human rights promotion and protection. The modifications
passed by the Chamber address issues that include the rights
of asylum seekers and other foreigners living in Mexico,
limits on the powers of the President, and the responsibility
of state institutions in promoting human rights respect. The
human rights community is displeased with the limited scope
of the reform, and it remains to be seen whether the Senate
will move them forward this fall when a new legislature is
seated. If the bill becomes law next fall, however, Mexico
will take a modest step forward in guaranteeing
internationally protected human rights. End Summary.
Just How Far Do International Treaties Apply?

2. (SBU) One of the most important reforms advanced by the
Chamber bill (and the one most widely commented on by the
human rights community) affirms that "all persons will enjoy
the human rights recognized by the Constitution as well as
those in international human rights treaties ratified by the
Mexican State." Congresswoman Omeheira Lopez, the outgoing
President of the Chamber of Deputy's Commission on Human
Rights, told Poloff that this change means that the Mexican
government will no longer will draw a distinction between
human rights protections delineated in the Mexican
Constitution and those set forth in international treaties
Mexico has ratified. The reform obliges authorities to take
an active role in protecting human rights in as inclusive a
manner as possible, investigating and sanctioning violations.
Human rights groups, however, point out that the bill leaves
important loopholes, particularly by positing the primacy of
Mexico's existing constitution over international treaties.
They argue that this provision calls into question Mexico's
unqualified obligation to bring its laws into compliance with
its international treaty obligations. At the end of the day,
the NGO community stills considers this reform a step forward
in that it recognizes most international treaties and gives
individuals the chance to pursue human rights protection in
domestic courts.
Expanding the Rights of Asylum Seekers, Limiting Power to
Expel Foreigners

3. (SBU) The reform also expands the rights of asylum
seekers by specifying that all persons have the right to seek
asylum and that "the law" will regulate procedures and
exceptions. In this instance, the Chamber of Deputies
specifies that the law governing the application of this
reform will be based on the American Convention on Human
Rights, which requires that States not "expel or return
foreigners to another country where their right to life or
personal integrity is at risk." Citing cases from the past
in which Mexico violated non-refoulement principles by
deporting individuals who were imprisoned upon returning

home, human rights groups, however, remain skeptical that the
government will fully implement this commitment.

4. (U) Another constitutional modification imposes limits
on the president's power to expel foreigners, requiring
compliance with the International Covenant on Civil and
Political Rights (which stipulates that any person identified
by a state for expulsion must go before an administrative
procedure to determine the place and time of expulsion).
The new language also states that foreigners "enjoy the
rights recognized in the Constitution."

5. (U) Other reforms charge the president and state
institutions more explicitly with promoting human rights. In
a change to improve mandate of the National Human Rights
Commission (CNDH),institutions which reject that
organization's recommendations must publicly justify their
decisions. In addition, the process for selecting the
leadership of that organization, and other publicly funded
human rights organizations, is to be done with greater public
participation (as yet un-specified). Human rights groups
support these changes, but are waiting to see whether they
survive the legislative process and how they are actually
implemented.
Where Does The Bill Go From Here?

6. (SBU) The bill's passage in the Chamber was fraught with
the political horse-trading typical of security and human
rights related legislation in Mexico. According to
commission president Lopez, PRD legislators in her commission
provided the major impetus for the reform, securing PAN
support by promising to support the PAN's security reform
package in exchange. There were more sweeping measures under
consideration, but consensus was achieved on the ones
outlined above, and PRD agreed ultimately to accept half a
loaf. Lopez claims that PRI legislators demonstrated their
party's "typical disinterest" in human rights by staying out
of most discussions. Legislators credit Lopez for
aggressively and effectively moving the bill out of committee
onto the floor of the lower chamber, where it passed
unanimously in the session's closing days.

7. (SBU) The legislation can not necessarily count on
Senate support when that body presumably takes it up in
September. Its strongest proponent, Chamber commission
chairwoman Lopez, leaves congress at the end of August.
While remaining optimistic, Lopez voiced concern the reform
could become a bargaining chip as parties compete to secure
the new presidency of the National Human Rights Commission
for one of their own. For their part, human rights groups
are concerned the Senate could further water down what they
believe is a reform bill that already suffers from important
omissions.

8. (SBU) Comment. If passed and published in the official
gazette, Mexico's government will be able to claim a victory
in strengthening human rights and respect for international
law. That claim will surely have its detractors, however.
Human rights groups will no doubt maintain that the
government's efforts continue to fall far short of its
obligations as reflected in international agreements.
Passage in the Senate is not a sure thing, but if the bill
survives to become law (even one more modest than originally
envisioned by its proponents) it will be a good first step.
End Comment.
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