OHCHR'S OFFICE IN MEXICO EARNING ITS KEEP

UNCLAS SECTION 01 OF 03 MEXICO 000868

SENSITIVE
SIPDIS

IO/RHS -- AMY OSTEREIER, DRL/MLGA - CHRIS SIBILLA

E.O. 12958: N/A
TAGS: PREL PGOV PHUM KDEM UN MX
SUBJECT: OHCHR'S OFFICE IN MEXICO EARNING ITS KEEP

REF: STATE 2023


1. (SBU) Summary. The UN's High Commissioner for Human
Rights (OHCHR) opened a field office in Mexico in 2002 with a
mandate to work with the Government of Mexico and a wide
cross section of civil society with a view to developing a
"diagnostic survey" that would identify the steps Mexico
needed to take to address outstanding human rights concerns
and meet its human rights obligations. Last year, the GOM
and the OHCHR renewed the office's mandate assuming on
responsibility to monitor human rights. The office is
generally respected by the NGO community but entertains a
relatively strained relationship with Mexico's National Human
Rights Commission (CNDH). The U.S. Congress earmarked $1
million out of Merida Initiative funding to support the human
rights work of the OHCHR's office in Mexico. Mission
Mexico's USAID Office is working closely with OHCHR's office
here to develop a human rights program of action. We remain
satisfied with the work of the OHCHR's office in Mexico and
believe it serves an effective role promoting wider respect
for human rights and a greater appreciation for civil
society. End Summary.

OHCHR Office Roots

2. (U) When Vicente Fox won election in 2000 as the
President of Mexico he broke an uninterrupted run of 71 years
during which Mexico had been led by presidents hailing from
the Institutional Revolutionary Party (PRI). Eager to
demonstrate that Mexico was prepared to turn the page on its
undemocratic past, he agreed to allow the UN's Commissioner
for Human Rights to open a field office in Mexico with a
mandate to produce a diagnostic survey on Mexico's human
rights situation. This decision represented the first time
the OHCHR ever opened an office in a country that was not
emerging from a wrenching civil war with sweeping claims of
human rights abuses. Instead, Mexico was embarking on a
transition to democracy and the OHCHR's newly established
office was entrusted with responsibility for advising Mexico
how best to meet its human rights obligations based on an
evaluation of local conditions.


3. (U) The diagnostic survey that emerged from over a
year's worth of consultations with a wide cross section of
government and civil society actors on human rights produced
a series of 31 recommendations mostly regarding the kinds of
changes Mexico needed to make across the board on issues
ranging from its justice system to education to ensure human
rights respect. OHCHR is fond of noting that this diagnostic
survey was the first of its kind that OHCHR produced and
boasting it has served a model for similar efforts undertaken
by other offices. Even now, over five years later, this
diagnostic survey still very much guides the office's work
and the office finds itself called upon to produce more
narrowly focused diagnostic surveys of the human rights
conditions prevailing in specific Mexican states.

Renewing the Mandate


4. (SBU) In February 2008, the OHCHR and the GOM renewed
the office's mandate, incorporating a responsibility to
"observe" the human rights situation in the country
particularly as pertains to concerns flagged in the 2003
diagnostic survey. Alberto Brunori, the Office's Director,
told poloff that his office was prepared to interpret
"observe" to imply "monitor" but remarked that the office
would focus more on "thematic" reports versus speaking
directly to specific cases of abuses which the government
could well claim overstepped what the mandate allowed for.
To carry out this objective, Brunori told poloff in late 2008
that the office planned to organize a network of civil
society organizations over the early months of 2009. He also
sought to establish a regular field presence in part through
a schedule of regular visits.


5. (SBU) In addition to monitoring, Brunori wanted to make
protection of human rights defenders a priority. He
anticipated the UN Special Rapporteur on Human Rights
Defenders would be visiting Mexico in 2009 as a guest and
not/not on an official visit. Brunori also wanted the office
to do more outreach with indigenous communities. On women,
he wanted the office to look into the question of femicides,
undertake more monitoring, promote respect for women, and
strengthen women's organizations.


6. (U) As noted prior, the office's 2003 diagnostic survey
garnered much acclaim. The purpose of the exercise had been

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to create space for dialogue, identify principal challenges,
and develop programs for human rights organizations and the
government to tackle them. The GOM's own submission to the
UN Periodic Universal Review earlier this month took into
consideration the findings presented in the survey.
According to Brunori, the GOM wants the office to carry out
six diagnostic surveys over the course of 2009. His plan is
for State Interior Ministers (SEGOB) to convene
representatives from the three branches of government, the
local human rights ombudsman, civil society representatives,
and academics with the committee drafting up the report under
the leadership of either the human rights ombudsman or a
consultant on contract.

Training

7. (SBU) Brunori remarked that both SSP and SEDENA had
expressed interest in human rights training with his office.
He found the prospect intriguing but stressed the need to
identify objectives and performance indicators. He hoped his
office could assume a wider role in working with the Mexican
Congress on penal and procedural code reform. Given the
focus on the government's efforts to combat organized crime,
he expressed a desire for his office to provide the GOM some
guidance on addressing security from a human rights
perspective.

Some Relationships are Better Than Others


8. (SBU) OHCHR's office does outreach with the local human
rights NGO community both in terms of consulting them for its
views and promoting respect for the work of human rights
defenders. These groups, in turn, appear to respect OHCHR
generally for the work it does. In the best of all worlds,
they would like the office to be more outspoken and less
"diplomatic" but they appear to appreciate the fact that its
relationship with the government is of a different variety
and they support its continued presence in Mexico.


9. (SBU) The office does not enjoy nearly as constructive a
relationship with Mexico's National Human Rights Commission
(CNDH),a semi-autonomous organization that receives
considerable funding from the GOM. CNDH's abrasive president
Jose Luis Soberanes, in particular, has opined that Mexico
does "not need" the office given CNDH's commitment to the
same principles. When OHCHR's previous director Amerigo
Incalcaterra signaled support for the NGO community over CNDH
in the wake of a Human Rights Watch report criticizing CNDH,
Soberanes became incensed and reportedly lobbied Mexico's
Foreign Ministry for Incalcaterra's removal. Shortly
afterwards, Incalcaterra announced that he was transferring
out of Mexico. Brunori, OHCHR's new director, has assumed a
considerably lower profile, particularly in relation to CNDH.


Pitching in on the Merida Initiative


10. (SBU) The U.S. Congress earmarked $1 million for the
OHCHR's office in Mexico as part of the $400 million Merida
Initiative assistance package designed to support the GOM's
efforts to combat organized crime. USAID and the OHCHR have
entered discussions about how best to spend the funds.
Monitoring, training for civil society and Mexico's law
enforcement community, and initiatives to promote civil
society represent several options. Brunori is convinced his
office will be able to use the funds effectively to advance
shared human rights objectives. However, he is sensitive to
OHCHR's being perceived as carrying the USG's water on the
Merida Initiative, particularly in view of Soberanes'
criticism of MI support for OHCHR's office.


11. (SBU) Comment: Mexico's emerging human rights NGO
community assumes an important role in monitoring and
promoting human rights respect but remains relatively
immature and inexperienced. CNDH, on the other hand, has
much more experience but doesn't enjoy the kind of respect
and credibility it would like, in part because it relies on
government funding. As such, the OHCHR's office fills an
important niche, speaking with the authority and measured
diplomatic tone of the UN. The office's diagnostic surveys
provide an excellent framework for the kind of measures
Mexico needs to take to institutionalize human rights
respect. We are hopeful under its new director and through
cooperation with USAID it will dedicate more attention to
monitoring human rights abuses and addressing, in particular,
concerns about abuses by law enforcement officials through
the development of carefully tailored human rights training

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programs.
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 /
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