January, 2018 New Age, No. 299 (PDF)

Newsletter January, 2018 New Age, No. 299  Index The voice of the President ....... 3 Event of the month .................. 5 Press Releases .......................... 6 Recommendations ................... 9 Article of the month ................ 9 Book of the month ................. 10 Carta de Novedades, Nueva Época, No. 299, enero 2018, es una Publicación mensual editada por la Comisión Na- cional de los Derechos Humanos, Periférico Sur 3469, Col. San Jerónimo Lídice, Delegación Magdalena Contreras, C. P. 10200, Ciudad de México, Teléfonos (55) 56 81 81 25 y 54 90 74 00, Lada sin costo 01800 715 2000, www.cndh.org. mx. Editor responsable: Secretaría Ejecutiva, CNDH, Mtra. Consuelo Olvera Treviño. Reserva de Derechos al Uso Exclusivo No. 04-2015-050410012300-203, otorgada por el Instituto Nacional del Derecho de Autor, ISSN: en trámite. Responsable de la última actualización de este Número, Secretaría Ejecutiva, CNDH, Lic. Juan Carlos Villalobos López, Blvd. Adolfo López Mateos, 1922, 1er piso, Col. Tlacopac, Delegación Álvaro Obregón, C. P. 01049, Ciudad de México, fecha de la última modificación 30 de enero de 2018. Las opiniones expresadas por los autores no necesariamente reflejan la postura del editor de la publicación. Queda prohibida la reproducción total o parcial de los contenidos e imágenes de la publicación sin previa autoriza- ción de la Comisión Nacional de los Derechos Humanos.  Remarks made by Luis Raúl González Pérez, President of the National Commission of Hu- man Rights (NCHR), during the inauguration of the entitled event “Panel of dialogue of the Eastern Region of the Mexican Federation of Public Human Rights Organizations, in prepa- ration for the contribution of NCHR to the Third Cycle of Review to Mexico of the Periodic Universal Review”. Puebla, Puebla January 23, 2018 Good morning everyone: I begin this short message by thanking Mr. Adolfo López Ba- dillo, President of the Human Rights Commission of Puebla´s state, and of the Mexican Feder- ation of Ombudsmen. The above, for hosting the first Regional Dis- cussion (East zone), under the preparation for the Contribution of the National Commission of Human Rights to the Third Cycle of revision to Mexico by the Uni- versal Periodic Review. I greet the presence of the Na- tional State Commissions Pres- idents of San Luis Potosí, More- los, Tlaxcala and Mexico´s state, as well as the representatives of the Commissions of Querétaro, Hidalgo and the Federal District. It is an honor for me to wel- come you to this First Conver- sation under the Preparation of the Contribution on the Third Mexico’s appraisal Cycle by the Universal Periodic Review Mech- anism. This event demonstrates the commitment of the National Commission for Human Rights, as well, as the local ones, in boosting actions to promote hu- man rights’ protection and de- fense in the national territory, based on international Human Rights commitments, which the Mexican State is obliged to ac- complish. As you are aware, this Uni- versal Periodic Review (UPR) is the most important mechanism of the United Nations, coordi- nated by the UN Human Rights Council to review the current human rights situation in each state members of this Organiza- tion. In this sense, it serves as a guarantee of the promotion and supervision of the human rights, as well as to promote the compli- ance of the recommendations is- sued to the countries. These actions are a very im- portant part of the Human Rights National and local Institutions´ agendas. The UPR is not only the most innovative review mech- anisms of these rights, but also, maybe is the most propositional of all. Let me explain briefly, the UPR is novel because it is the only mechanism that makes a comprehensive review of all the human rights with the principles of integrality and interdepen- dence. This means, that there is no hierarchy of the rights and that no right is more important than others are, because they are a system as a whole. If one right is violated, the whole set of rights of a person is violated. It is also innovative, because States themselves evaluates each other. Even the 47 Human Rights Council Member States are obliged to participate within it, and all other interested UN State members can add to it. For the review that the Human Rights Council make for each state, the data is available from three main sources: a) from the Country’s Report, b) from a UN Special- ized Mechanisms report and; c) from the National Human Rights Institutions and of Civil Society Organizations. Never before, nor after this mechanism, Human Rights Pub- lic Organisms, ever have this outstanding role inside the UN. It will be a unique opportunity to many of us to participate in this important exercise and, of course, we would not like to squander it. I stress, this is an unprece- dented opportunity to show our- selves, not like the world’s largest Non-judicial Systems for Human Rights Promotion and Protection, but as an efficient and effective system within our noble task, ca- pable to organize itself to present human rights status overview in our country. Mexico has been object of two previous assessments to this ex- ercise, and as a result, we have issued a total of 267 Recommen- dations; 91 Recommendations in 2009 and 176 Recommendations in 2013. With the aim of strengthening the contribution of this National organism, that will be send to the United Nations Human Rights Council in March of this year, we invite the Mexican Ombuds- man Federation of Public Human Rights Organisms to join us in the elaboration of the informa- tion that will be given in the third appraisal cycle. Through the four Regional Discussions, we will collect the diagnostics and rec- ommendations upon the human rights status around the 32 feder- ative entities of the country. During these two days, each one of you will have the opportu- nity to expose the human rights status in your federative enti- ties, through six worktables. The themes were defined according to those with major recommenda- tions resulting of the last MUPR, 2009 and 2013 exercises, and with the information that you previ- ously answer in a questionnaire that was sent to you in order for us to know your main human rights worries in the subject. Therefore, the topics that will be addressed in this Conversa- tion are: The voice of the President New Age, No. 299 INDEX  4 New Age, No. 299 The voice of the President 4 • Rights of women; girls, boys and adolescents and people with disabilities; • Economical, Social, Cultural and Environmental Rights and Indigenous Peoples Rights; • Justice, Security and Rule of Law; • Torture and Enforced Disap- pearance; • Human Rights of Migrants and Displaced Persons and Human Trafficking; • Freedom of Speech and Hu- man Rights Defenders. We Ombudsmen must be a great ally of the UPR and sup- port the compliance of the rec- ommendations issued to Mexico, by federal and local authorities. We have a unique opportunity to bring real stimulus to this task, which is complicated but neces- sary. As I said, this Mechanism is one of the most proactive of the evaluations carried out by the UN Member States, because it is foreseen to: • Enhance human rights situa- tion at UN member countries; • Fulfill the State obligations and commitments within this matter; • Assess human rights advanc- es and point out challenges in each country; • Favor technical assistance to strengthen the State capabil- ity through thereof consult and consent; • Encourage best practices ex- change among States and oth- er actors interested with their consent. • Achieve human rights coop- eration in promotion and pro- tection, with UN pertinent or- gans participation. The Human Rights Council, shall announce the recommen- dations addressed to the Mexi- can State in 2019, in this respect, together, we will have expressed upon thereof and stablish a com- mon strategy to follow up its ful- fillment. The task is just beginning; there is a long way to go. By the moment, several civil society or- ganizations have presented 39 contributions to the UPR, is a world of information to process. Hence, this great importance of these discussions, because they will allow us to organize and prioritize for attention to the out- standing issues that, in terms of human rights, we have in our country. We are facing a participato- ry and inclusive exercise. Our country’s Public Organisms for Human Rights Promotion and Protection could not have a bet- ter action framework within the United Nations. As President of the CNDH, I express my satisfac- tion by cooperating with the Uni- versal Periodic Review and I am confident that our contribution will help to these Mechanism’s deliberations in an orderly and strategic manner. I quote as an example, the enactment of the General Law against Enforced Disappearance. This not only helped to fulfill 6 or 7 recommendations made by the Working Group against Enforced and Involuntary Disappearanc- es and of the Committee against Enforced Disappearances, both of the United Nations. It poten- tially, in its proper application, will help to fulfill more than 60 recommendations of these in- stances that includes judgments of the American- Court of Hu- man Rights. I very much appreciate all your collaboration and we will be adding you to the events de- rived from this mechanism. I feel accompanied in this process and excited that you welcome and are committed with it, knowing that all this in the end, is for the ben- efit, compliance and respect for human rights in our country. Part of our challenges is to ad- vance within the compliance of the recommendations from sev- eral international and regional mechanisms of human rights, by federal and local authorities. Our role is to contribute to the Mex- ican State responsibilities upon Human Rights fulfillment, by the INDEX  5 New Age, No. 299 The voice of the President 5 Human Rights Council’s review. The Mexican state, in its auton- omy exercise, assumed the com- mitment of submitting the chal- lenges for that aim. Lastly, I want to inform you that, shortly, we will conduct the same event in another three venues (Guanajuato, Baja Cali- fornia and Campeche). All your contributions are fundamental to bring to Geneva the firm, auton- omous and independent voice of the Mexican Federation of Public Human Rights Organizations. Many thanks. Event of the month IN COLLABORATION OF THE OMBUDSMEN OF OUR COUNTRY, THE CNDH PREPARES ITS CONTRIBUTION TO UN HUMAN RI- GHTS COUNCIL’S UNIVERSAL PERIODIC REVIEW DGC/027/18 Mexico City, January 31, de 2018 In an unprecedented way, the National Commission of Human Rights (CNDH) will present at the Third appraisal Cycle to Mexico by the Universal Periodic Review (UPR), its contribution in order to include inputs of the 32 members of the Mexican Federation of Ombudsmen (MFO). Likewise, jointly, it prepares the follow- up mechanisms to the recommendations that will be issued by the UN Human Rights Council, once Mexico sustains its report before the United Nations highest body on the matter. When the first of the four regional talks was opened in the city of Puebla to gather the diagnoses and proposals on the situation of human rights in the 32 states, the National Ombudsman, Luis Raúl González Pérez, told the Om- budsperson that they should present an overview of the fundamental human rights’ state in our country. Accompanied by the President of the Human Rights´ Commission of the State of Puebla and the President of the FMOPDH, Adolfo López Badillo, Gon- zález Pérez headed this discussion. In the event also participated the Om- budspersons form the States of More- los, José Arturo Olivares; México, Jorge Olvera; San Luis Potosí, José Andrés López, and Tlaxcala, Víctor Manuel Cid del Prado, as well as representatives of Ombudspersons from Mexico City, Querétaro and Hidalgo, Nashieli Ramírez, Roxana de Jesús Ávalos y José Alfredo Sepúlveda, respectively. http://www.cndh.org.mx/sites/all/doc/Comunicados/2018/Com_2018_027.pdf INDEX  6 New Age, No. 299 Press Releases THE CNDH CELEBRATES THE JDESIGNATION OF THE JUDGE EDUARDO FERRER MACGREGOR TO THE PRESIDENCY OF THE AMERICAN COURT OF HUMAN RIGHTS DGC/001/18 January 1st, 2018 The National Commission of Human Rights (CNDH) congratulates the Judge Eduardo Ferrer MacGregor, who, from today January 1, will assume the Presidency of the American Court of Human Rights. This National Body considers that the actual Vice-pre- sident Ferrer MacGregor unanimous election reflects the high degree of maturity and prevailing harmony at the Inter-American Court of Human Rights. In addition, it echoes the abundant confidence that the Plenary of the Court grants to the eminent Mexican jurist, who thus becomes the third Mexican to receive that distinction, which will perform for two years. The CNDH expresses its certainty that, during the performance of this high commission, the new Pre- sident of the Court will reaffirm the institutional vocation of it as a judicial institution for human rights defense. Ferrer MacGregor joins to the list of Mexicans that had occupied this responsibility, Héctor Fix Zamudio, who led it in two periods, 1990-1993 and 1994-1997, and Sergio García Ramírez, 2004-2007. http://www.cndh.org.mx/sites/all/doc/Comunicados/2018/Com_2018_001.pdf THE CNDH REQUESTS NOT TO LEAVE THE MIGRANT POPULATION IN THE US DURING 2018, AND IT CONSIDERES NECESSARY TO RETHINK THE NATIONAL MIGRATION POLICY , WHICH SHOULD BE CENTERED ON THE PERSON DIGNITY DGC/007/18 January 6th, 2018 The National Commission of Hu- man Rights Commission (CNDH) calls on the authorities of the three levels of government not to abandon the more than 12 mi- llion Mexicans living in the Uni- ted States. The above, since this 2018 will be crucial in the defense of the migrant community, given that the previous year the speech of hate and actions of discrimi- nation, racism, xenophobia, cri- minalization and intransigency against the nationals on the other side of the border prevailed. The American migratory po- licy changes, and in that sense the people, who live in irregular migratory conditions, as well as those who are in their way to the northern part of the American Continent, suffer from human rights violations. In this context, the CNDH requested the inter- vention of the United Nations Special Rapporteur, as well as the good offices of the UN Working Group on Arbitrary Detentions. Also it requested the help of the Rapporteur for Migrants Human Rights of the Inter-American Commission on Human Rights and the Committee for Migrants Workers Human Rights Protec- tion and members of their fami- lies, among others, to watch, to follow up and, if it is the case, to give pronouncements and dictate the correspondent measures. The Mexican Ombudsman also participated at preparatory meeting of the UN Global Com- pact for a Safe, Ordered and regu- lar migration, where the Global Alliance of the National Human Rights Institutions presented its position, in order to advance in its consolidation. http://www.cndh.org.mx/sites/all/doc/Co- municados/2018/Com_2018_007.pdf INDEX  7 New Age, No. 299 Press Releases The National Commission of Hu- man Rights (CNDH) addressed the Recommendation 77/2017 to the Navy Secretary, Almirant Vi- dal Fancisco Soberón Sanz, to the State Governor of Tamaulipas, Francisco Javier García Cabeza de Vaca, to the National Securi- ty Commissioner, Renato Sales Heredia and to the Municipal President of Matamoros, Tamau- lipas, Jesús de la Garza Díaz Del Guante. The National Commission ga- thered sufficient evidence in the dossier CNDH/2/2014/7211/Q and the accumulative CND- H/2/2015/2937/Q. The informa- tion certify that on October 13, 2014 two brothers of American nationality went out from their THE CNDH ISSUES RECOMMENDATION TO SEVERAL FEDERAL AND LOCAL AUTHORITIES BECAUSE OF AN ILLEGAL DETENTION, ENFORCED DISAPPEARANCE AND ARBITRARY EXCECUTION OF A MEXICAN CITIZEN AND THREE AMERICAN CITIZENS IN MATAMOROS, TAMAULIPAS DGC/017/18 January 18th, 2018 father’s home, situated at Control town, Matamoros municipality, Tamaulipas, to get together with their sister, who is also an Ame- rican citizen, accompanied by another Mexican person, in the International Free Trade Bridge Lucio Blanco, well known as “ In- ternational Bridge Los Indios”. They were in their way to their home, located in Progreso, Texas, United States. The case is that under the bridge, these four people were deprived arbitrary of their freedom by public ser- vers from the First Naval Zone of the Navy Ministry (SEMAR), and police officers belonging to the Operative Tactic Group Hercules Matamoros (“Hercules Group”, formed by municipal instances in function at event´s date). They also seized three vehicles, which are property of the detainees. The National Commission tes- tified that the victim’s detention was illegal and arbitrary, becau- se there was no warrant arrest against them, neither an urgency case nor flagrance that will legiti- mized this action. http://www.cndh.org.mx/sites/all/doc/Co- municados/2018/Com_2018_017.pdf INDEX  8 New Age, No. 299 Press Releases THE CNDH PRESENTED BEFORE THE SCJN, AN ACTION OF UNCONSTITUTIONALITY AGAINST SEVERAL ARTICLES OF THE HOMELAND SECURITY LAW THAT THREATENS MEXICAN CITIZENS’ FREEDOMS AND HUMAN RIGHTS DGC/018/18 January 19th, 2018 The National Commission of Hu- man Rights (CNDH) presented before the Supreme Court of Jus- tice (SCJN) an action of uncons- titutionality against different ar- ticles of the Homeland Security Law (HSL) because they develop the possibility of violation to basic rights and freedoms. They also may affect the design, balance and faculties constitutionally sta- blished between the Federation and the States, Institutions, State bodies and Powers. This content action promoted by the CNDH, is the result of a process of dialogue and discus- sion carried out for the creation of this law. In this procedure, the National Organism includes civil society, academics, experts in the field and representa- tives of bodies linked with human rights protection and defense, at the national and international level, in which their approaches were listen and raised. Among the referred multi- ple arguments in this uncons- titutionality action, there many questions related with civil au- thorities’ subordination towards soldiers posed by the law, which are contrary to criteria establi- shed by the Inter-American Court of Human Rights. It also under- lines the fact that the provisions of article 21 of the Constitution are not known, which expressly indicates the matters and autho- rities that correspond to public security, when attempting to re- move from this scope any action that is carried out under the law, regardless of its true nature and practical consequences. Likewise, the law intends to redefine and prioritize national security con- cepts, such as homeland security and public security, leaving apart differential and specific content and treatment from this concepts carried out by thereof at Constitu- tional level. http://www.cndh.org.mx/sites/all/doc/Co- municados/2018/Com_2018_018.pdf THE NATIONAL OMBUDSMAN CALLS UPON TO COMPREHEND THE HOLOCAUST LESSON BY FACING THE ALARMING INCREASE OF THE SPEECH ON HATE AGAINST REFUGEES, MIGRANTS AND THOSE WHO THINK DIFFERENTLY DGC/025/18 January 27, 2018 At stressing that the Holocaust is as lesson upon extreme fana- tics, intolerance, discrimination and racism, the National Omb- dusman, Luis Raúl González Pé- rez, underlined that the global increasing speech of hate boosts and promotes xenophobia, as well as the rejection of migrants and refugees, and the animosity towards those whom does not share the same worldview. At heading the annual Com- memoration in Memory of the Victims of the Holocaust, at the Memory and Tolerance Museum, he assured that the preservation and strengthening of the demo- cratic environment, that Mexico has developed, is a commitment and responsibility of all. He re- affirmed that no society could sustain on justice and peace if it rejects or diminishes human dig- nity http://www.cndh.org.mx/sites/all/doc/Co- municados/2018/Com_2018_025.pdf INDEX  9 New Age, No. 299 Recommendations Responsible Authority Issue Recommendation Mexican Social Security Institute About the case of Human Rights violations to Health Protection, Life, Children Best Interest and Truth principle, by inappropriate medical care, in detriment of V, at the Hospital General Regional 1, at Tijuana, and Hospital General de Sub-Zona 6, in Tecate, Baja Califor- nia, both belonging to IMSS Recommendation 1/2018 January 31, 2018 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2018/Rec_2018_001. pdf Article of the month New Age, No. 299 Afro-descendants: identity and resistance culture We will understand the Afro-descendant culture as that segment of the cultural diversity of the Americas and Caribbean space, formed by different musical expressions, culinary, dances, working technics, tradi- tional architecture, technological knowledge, afro- epistemological, spiritual, ethics, linguistic, brought by the Africans in slavery conditions during the slave trade. Some examples are the different existing samples of drums during the African diaspora in the hosting countries, such as Batá drums (Iya, itotele and okonkolo), in Cuba, culo e’puyas in Venezuela, Puita in Bra- zil, up to the cununo in Ecuador. Other examples are some food preparations such as cafunga of Barlovento (Venezuela). Words like Ma- lembe, Birongo, Carabalí, Zambe, exemplify linguistic sub-Saharan African heritage at everyday speech. Spirituality played a leading role in order to preserve codes of the complex religious systems Yoruba, Abakuá (Efik-Efok- Nigeria’s antecedents), Kongos (Angola, both Congos) and Ewe/Fon (Benin/Dahomey): These religious systems are well known as Ocha Rule or orishas creed, or as Vudu (Haiti, New Orleans, Cuba and Tobago). Preservation, creation and innovation is a historical continuum that breaks occidental cultural folklore paradigms that stuck us in time. https://www.nodal.am/2017/10/afrodescendientes-identidad-cultura-resistencia-jesus-chucho-garcia/ INDEX  10 New Age, No. 299 Book of the month Family Agriculture in Latin America and the Caribbean: Policy Recommendations Edited by Salomón Salcedo and Lya Guzmán Nº of pages: 486 Binding: PDF Editorial: Publish by the United Nations United Nations Food and Agriculture Organization Language: SPANISH ISBN: 978-92-5-308364-0 Family farming is a key sector in order to achieve hunger eradication and a change towards agricultural sustainable systems. Small farmers are allies of food security as well as main actors at the countries´ efforts to achieve a future without hunger. In our region, 80% of the exploitation comes from family farming. Millions of persons are the main source of farming or rural employ- ment. This book systemize experiences and lessons that can contribute to public policies and dialogue so we can face the challenges that the family farmers deal with. http://www.fao.org/docrep/019/i3788s/i3788s.pdf INDEX  INDEX President Luis Raúl González Pérez First General Visitor Ismael Eslava Pérez Second General Visitor Enrique Guadarrama López Third General Visitor Ruth Villanueva Castilleja Fourth General Visitor María Eréndira Cruzvillegas Fuentes Fifth General Visitor Edgar Corzo Sosa Sixth General Visitor Jorge Ulises Carmona Tinoco Executive Secretary Consuelo Olvera Treviño Technical Secretary of the AdvisorCouncil Joaquín Narro Lobo The CNDH Defends and protects your rights Newsletter Periférico Sur 3469, Col. San Jerónimo Lídice, Delegación Magdalena Contreras, C. P. 10200, Ciudad de México. Teléfonos (55) 56 81 81 25 y 54 90 74 00, Lada sin costo 01800 715 2000 cndh.org.mx Executive Secretary Blvd. Adolfo López Mateos, 1922, 1er piso, Col. Tlacopac, Delegación Álvaro Obregón, C. P. 01049, Ciudad de México. Teléfono: (52 55) 17 19 20 00, ext. 8058 Fax: (52 55) 17 19 21 53. Lada sin costo: 01 800 715 2000 Correspondencia: [email protected]