GUERRERO: INCREASINGLY HOSTILE ENVIRONMENT FOR

C O N F I D E N T I A L SECTION 01 OF 04 MEXICO 002025 SENSITIVE SIPDIS E.O. 12958: DECL: 12/21/2017 TAGS: MX PGOV PHUM PINR PREL SUBJECT: GUERRERO: INCREASINGLY HOSTILE ENVIRONMENT FOR HUMAN RIGHTS' DEFENDERS Classified By: Acting Political Minister Counselor James P. Merz Reason: 1.4 (b),(d). Guerrero: Increasingly Hostile Environment for Human RightsQ, Defenders ¶1. (C) Summary. At the invitation of the Peace Brigade International (PBI) and joined by representatives of the Canadian embassy, poloffs recently visited the southwestern Mexican state of Guerrero. Poloffs spoke with indigenous rights groups and the State Human Rights Commission about what these groups perceive as a deteriorating and increasingly volatile human rights situation, particularly in GuerreroQ,s Costa Chica region. These groups have historically had a contentious relationship with local law enforcement and a heightened military presence has further exacerbated the situation, causing friction between indigenous groups and the Mexican army. The military and law enforcement in the area are often distrustful of indigenous groups. Indigenous human rights defenders have documented numerous cases of indigenous victims of sexual abuse, unlawful raids, intimidation, destruction of crops, unlawful detention, forced disappearances, and illegal interrogation of adults and minors by local and state police and the military. Many Mexican military personnel and law enforcement in this area work semi-autonomously in remote, isolated regions and are unable to speak the native indigenous languages, which results in frequent communication barriers. Increased militarization of this zone has also provoked greater internal unrest and deep divisions within indigenous communities, as some indigenous members choose to cooperate with the Mexican officials, while others work with crime syndicates. End Summary. Prominent Indigenous Rights Organizations working in the Costa Chica ¶2. (SBU) The municipality of Ayutla, a highly marginalized area of Guerrero's southeastern Costa Chica region that suffers from rampant poverty, high illiteracy rates, and widespread discrimination, is home to several vulnerable populations. These include approximately 15,700 indigenous people of the Mixteco and MeQ,phaa communities (one-third of which do not speak Spanish). In recent years three prominent indigenous organizations have begun organizing in Ayutla to protect human rights defenders: Tlachinollan, the Organization for the Indigenous MeQ,phaa People (OPIM),and the Organization for the Future of the Mixteco People (OFPM). ¶3. (SBU) Tlachinollan, a civil society group based in Tlapa, Guerrero, serves as the leader and coordinator for human rights cases in Ayutla and is devoted to protecting indigenous groups and providing legal services to indigenous victims. It has played a crucial role in providing national and international visibility for human rights cases in the region, such as the 2002 sexual assault trial of InQs Fern ndez Ortega against the Mexican military, to be heard before the Inter-American Court of Human Rights (IACHR) this summer. This group also plays an important role in pressuring state and local authorities to comply with the state, federal and international authoritiesQ, preventative and protective measures to safeguard indigenous victims. ¶4. (SBU) Tlachinollan works closely with two indigenous organizations in Ayutla, OPIM (Organization for the Indigenous MeQ,phaa People) and OFPM (Organization for the Future of the Mixteco People),which defend and promote the human rights of the MeQ,phaa and Mixteco communities in this region in an effort to end impunity in the state by documenting human rights violations and demanding justice for human rights victims. In addition, OPIM and OFPM advocate for increased state services and state-development projects for their communities seeking better infrastructure, improved communication systems, greater social services, and increased access to education. Increasingly Dangerous Region for Human Rights Defenders ¶5. (C) Recent human rights cases documented by Tlachinollan, OPIM, and OPFM suggest an increasingly hostile and unsafe environment for indigenous human rights defenders in MEXICO 00002025 002 OF 004 GuerreroQ,s Costa Chica region. Of the numerous crimes documented in recent years by these groups, none of the cases has been resolved. Still more troublesome, these groups maintain the state is unable or unwilling to protect human rights defenders and whistle-blowers. For example, Lorenzo Fernandez, the brother of rape victim Ines Fernandez, was kidnapped and killed on February 9, 2008, four-months after his sister Ines testified before the Inter-American Court of Human Rights that she was sexually assaulted by the Mexican army. Ines contends there has been no investigation conducted into her brotherQ,s death and further insists the army has repeatedly come to her community, harassing community members and damaging property. Indigenous human rights groups argue that they are the subject of continued persecution and illegal detention, characterizing the arrest of fifteen OPIM members in April 2008 for the murder of an alleged army informant as an attempt on the part of the authorities to fabricate crimes against indigenous leaders. Of the fifteen OPIM members arrested, four have been absolved of all charges after spending months in jail, ten remain under investigation, and Raul Hernandez, remains in prison based on two eye-witnesses accounts placing him at the crime scene the day of the killing. ¶6. (C) During the visit to Ayutla, poloffs met with the widows of the two OPFM leaders who were kidnapped, tortured and killed in February of this year. Raul Lucas Lucia, President of OPFM and Manuel Ponce Rosas, OPFM Secretary, were kidnapped by three armed men during a public function. Witnesses allege the police were responsible for the kidnapping and, even more disturbing, there are reports that the Director of the Municipal Secretariat of Public Security was present at the time of the kidnapping (the Director left his position shortly afterwards). According to the widows of the OPFM leaders, state and local authorities have offered no assistance in the case. On June 23, Attorney General Medina Mora verbally confirmed that the PGR would take on the case. PGR is in the process of deciding which office will be responsible for the case but assured poloffs it would inform us as soon as a decision is made to schedule an appointment to discuss the case. ¶7. (C) Since their deaths, Lucas and PoncesQ, widows claim they have been victims of multiple anonymous threats, harassment, and intimidation demanding that they cease the investigation into their husbandsQ, deaths. Both women only speak their indigenous language and are illiterate, making the precise, detailed documentation of crimes against them difficult. Both widows expressed grave concern and fear for their lives through a translator, noting that more than four-months after their husbandsQ, deaths there had been no arrest in connection with their murders. When asked what they would like from the government they said they were looking for justice and greater support from the authorities to protect them. They also indicated that because they are scared to work and afraid to allow their family members to work. They would like the state to provide them with a house and with financial support. Currently, Tlachinollan is providing legal services to the families in addition to financial assistance. ¶8. (C) Following our meeting Manuel PonceQ,s widow awaited a police escort to take her and her relatives back to their community. Tlachinollan had verified earlier that day that the state police had agreed to escort them home and provide periodic patrols in their communities in the coming months. However, after waiting over an hour and a half the group chose to leave without a police escort because it was getting dark. On the car ride back to their community someone fired three shots at the car the family was traveling in, fortunately missing the car. All passengers escaped unharmed. After the attack, the family reported the incident to Tlachinollan. Tlachinollan then made several attempts to contact the state police officers to report the incident and to inform them that the police escort failed to show up at the agreed time. After several attempts they were able to communicate with the state police, who offered to send a patrol up to the community. However, the family explicitly stated that they did not want the state police to come to the community. Note: There is an obvious breakdown of trust between indigenous communities in this region and the local MEXICO 00002025 003.3 OF 004 and state authorities, as indigenous groups often see law enforcement as unresponsive and at times the authors of crimes committed against them. ¶9. (C) Because of growing insecurity for human rights defenders in Ayutla, several indigenous rights leaders have been forced to flee the town. Despite the fact that the Inter-American Court of Human Rights (IACHR) in 2005 ruled that the leader of OPIM and her family were to be provided security protection from the state after she was the subject of multiple credible threats, she has yet to receive any protective detail. The threats became so severe that in March 2009 she chose to leave Guerrero. The Tlachinollan Human Rights Center, which provides the legal defense for these cases, has also been subject to multiple threats, forcing them to close their office in Ayutla this past spring. Appealing to the International Community ¶10. (SBU) OPIM, OFMP and Tlachinollan with the help of Peace Brigade International, Amnesty International, the Washington Office on Latin American (WOLA),and Human Rights Watch, have reached out to the international community to raise awareness of human rights abuses committed in the state and to aid in the resolution of human rights cases currently pending with state and federal authorities. Thus far in 2009, representatives from twelve European Union countries and Canada, and the UN Office of the High Commissioner for Human Rights (OHCHR) have visited Ayutla to speak with indigenous groups and authorities in the region. Continuing the parade of international visitors, Embassy poloffs visited Ayutla with PBI along with representatives from the Canadian Embassy. ¶11. (C) Indigenous groups are also looking to foreign NGOs and to foreign governments to help monitor implementation of MexicoQ,s international human rights obligations, including those established in a ruling in April by the Inter-American Court of Human Rights that ordered the Mexican government to protect the lives and physical integrity of 107 human rights defenders in the state of Guerrero. This is the second time in MexicoQ,s history the court has granted such provisional measures. Despite the GOMQ,s agreement to implement the IACHRQ,s protective measures, it has failed to adequately implement these basic security measures, often due to a lack of resources. Some of the human rights defenders with whom we spoke had received cellular telephones and satellite phones from the government, although some were not operational for use in their communities. It remains unclear if those receiving the phones knew how to properly operate the devices and/or if even they would have signal in such an isolated area of the state. Response from the Mexican Government ¶12. (C) Although indigenous rights groups continue to communicate with state and local government, they feel that both are nonresponsive and characterize the relationship as combative. The only prominent exception is their productive relationship with GuerreroQ,s State Human Rights Commission. When poloffs met with the Commission, its representatives demonstrated clear concern about what they perceived as rising hostility towards human rights defenders in the state, as they are continually documenting human rights violations suffered by these groups. According to the Commission, there has been an alarming increase in the number of complaints about human rights abuses committed by the military. The Commission noted that there were 8 human rights complaints in Guerrero against the military in 2005, 35 in 2008, and so far already 83 in 2009. Although these figures are significant, it is unclear if the larger number of cases signifies an increase in the number of human rights violations committed by the military or if people now have more confidence in the Commission and feel safer reporting cases. ¶13. (C) The Guerrero State Commission on Human Rights also tries to advocate for human rights defenders within the state government, although its power is limited. The Commission has been successful in facilitating dialogue and furthering communication between government and human rights defenders, arranging and hosting a meeting on June 23 between SEGOB, SRE, the Guerrero state police, human rights authorities, the UN Office of the High Commissioner for Human Rights and Tlachinollan where all members present signed an agreement MEXICO 00002025 004 OF 004 promising increased police protection for human rights defenders and their facilities. Despite its good intentions the Commission has little enforcement ability. ¶14. (C) Tlachinollan characterized its relationship with the human rights representatives from SEGOB, SRE, SSP, as well as its regular interaction with Attorney General Medina Mora as somewhat more positive. These government representatives are willing to meet with them and actively listen to their concerns. Tlachinollan went so far as to say that it feels confident the government is trying to improve the situation, however it suffers from resource constraints and limited jurisdiction. Indigenous representatives went on to say that it is not enough that the government listens to them; they want someone who will resolve their problems. Comment ¶15. (C) Intimidation, threats, and attacks against indigenous Mexicans are becoming increasingly common in Guerrero. Many of these incidents have been reported to local, state and federal authorities with limited response. Indigenous groups feel the state and local government, law enforcement, and the military are allowed to commit abuses with impunity. For their part, authorities and the military often assume that indigenous groups are cooperating with drug traffickers or insurgent groups, particularly because many indigenous communitiesQ, are plagued by extreme poverty and scarce employment. The frequent inability of victims to communicate in Spanish also proves a major obstacle to maintaining dialogue with the authorities or documenting abuses. Post intends to follow up with Mexican officials on the concerns raised in the course of this trip. Visit Mexico City's Classified Web Site at http://www.state.sgov.gov/p/wha/mexicocity and the North American Partnership Blog at http://www.intelink.gov/communities/state/nap / FEELEY