March, 2017 New Age, No. 289

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Summary of March, 2017 New Age, No. 289

Newsletter March, 2017 New Age, No. 289 Index The voice of the President ....... 3 Event of the month .................. 8 Press Releases .......................... 9 Recommendations ................. 11 Article of the month .............. 13 Book of the month ................. 14 Carta de Novedades, Nueva Época, No. 289, marzo 2017, 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, mx. Editor responsable: Secretaría Ejecutiva, CNDH. Lic. Héctor Daniel Dávalos MArtínez. 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 31 de marzo de 2017. 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 autor- ización de la Comisión Nacional de los Derechos Humanos. 3 REMARKS MADE BY MR. LUIS RAÚL GONZALEZ PÉREZ, PRESIDENT OF THE NATIONAL HUMAN RIGHTS COMMISSION, AT THE 2016 ANNUAL ACTIVITIES REPORT BEFORE THE FEDERAL EXECUTIVE Mexico City, March 31, 2017 Mr. Enrique Peña Nieto, Consti- tutional President of the United Mexican States; Ms. Sharon María Teresa Cuenca Ayala, representative of the Presi- dent´s Directive Board of the Dep- uties Chamber; Ms. Itzel Sarahí Ríos de la Mora, representative to the President´s Directive Board of the Senators Chamber; Mr. Miguel Ángel Osorio Chong, Ministry for the Interior; Mr. Luis Videgaray Caso, Minis- try for Foreign Affairs; Mr. Aurelio Nuño Mayer, Minis- try for Public Education; Mr. Raúl Cervantes Andrade, General Attorney; Members of the Advisory Coun- cil for the National Human Rights Commission; Mr. Felipe de Jesús Martínez Rodarte, President of the Mexican Federation of Public Organiza- tions for Human Rights; Members of the Diplomatic Corps accredited in Mexico; Members and representatives of International Organizations; Heads of local organizations for human rights protection and de- fense; Representatives of civil society organizations; Colleagues of the National Hu- man Rights Commission; Media representatives; Ladies and men: The year 2016 was not a good one for human rights in Mexico. Corruption, impunity and lack of effective accountability, became evident the absence of ethic and values on several authorities and institutions. Several public ser- vants cases were evidenced in which they were taking advan- tage of their office, or in which they committed crimes and abus- es; most of the above-mentioned cases still go unpunished and generated an environment of sim- ulation, indifference and conceal- ment. Either by bureaucratic ineffi- ciencies or by ethic insolvency of public servants, the truth is that this situation has strengthen the perception on society that the fulfillment of the law is discre- tional and that the content of the regulations is subject of negotia- tion or a path to achieve particu- lar interests. Without a culture of ethics that is permeating institu- tions, that is evidencing author- ities’ commitment with legality and human rights respect, we hardly could strengthen our Rule of Law, and instead of corruption and impunity will prevail within our national reality. Despite the wills that were ex- pressed, the undertaken actions and the employed resources, 2016 was a year in which some federal authorities, state and municipal, were not able to fully ensured human rights validity and re- spect in various regions of the country. This was a consequence of corruption, lack of training, coordination and Rule of Law weakness, which have allowed impunity and have strengthen the administrative inefficiency that people anticipate and suffer on a daily basis. The confidence upon institutions and the cer- tainty on law enforcement have been undermined. It was a year, in which in sever- al parts of Mexico there were not minimum-security standards for peaceful social coexistence. Vio- lence and crime activities created enforced displacement of people, the practice of making justice into their own hands, and that we should start assuming as part of our normality: the homicides, dis- appearances, extortions, kidnaps, robberies and other crimes that the media reported to us daily. A year in which impunity, lack of training, as well as competent authorities’ laziness, allowed the existence of serious practices as torture, enforced disappearanc- es or arbitrary executions, which brought as consequence that ac- cess to truth and justice are still an aspiration to many people. In particular, for relatives of thou- sands of disappeared people, who lack of answers from the different authorities, and in con- sequence they started by them- selves the search of their love ones and evidence the existence of a large number of clandestine and irregular graves, which have underlined an authentic geogra- phy of pain and indifference in our country. Objectively, we cannot sup- pose that the graves located un- til the present date are the total amount of the existing ones, for which this National Commission requests to hear and attend with sensibility, commitment, and in a comprehensive manner, the requests made by the relatives of these people upon the future possible findings. Likewise, the The voice of the President New Age, No. 289 INDEX 4 New Age, No. 289 The voice of the President CNDH demand to work on the located graves with technical and scientific specialized Knowledge, in order that jus- tice and truth reach the direct victims and their relatives. The last year wasn’t either favorable for thousands of chil- dren and adolescents, in Mexico as well as from other countries, that crossed our territory alone with the intention to enter to the United States of America and that their human rights were not properly guaranteed. Because of the absence of accounting records in this respect, we cannot know how many of them suffered any abuses or crime, or if they were victims of trafficking of persons or were taken by the organized crime. The above mentioned has not been attended properly. It de- mands urgent actions; such as the establishment of a registry and the elaboration of an in- ter-institutional protocol, that guarantees the integrity, dignity and human rights of the children and adolescents in context of mi- gration, and that gives priority to the best interests of children and adolescence in each case. Likewise, in spite of counting with an advanced law on chil- dren and adolescents, we end the last year without the correspond- ing legal harmonization in order to establish as the minim age for marriage the rule of 18 years old. There still exist 10 entities where by waivers or derogations it is possible for adults to get married with underage people. In 2016 neither it was regis- tered substantive improvements in our penitentiary system, over- all in the local scope. Overcrowd- ing, self-government and cor- ruption are some of the constant that, besides enabling effective reinsertion of people deprived of their liberty, caused unexplain- able breakings and riots in which the loss of lives put in evidenced the institutional incapacity and its inefficiency, as well as the lack of law enforcement and fulfillment. During this reported period, it was painfully clear that in Mexi- co, the fact of just being a woman is sufficient reason to suffer ag- gressions and violence that can turn into the deprivation of life. The evidence is that in 22 enti- ties, it has been started alerts of gender-based violence because of feminicide violence. In addition, the municipalities of six entities: Chiapas, Estado de México, Mi- choacán, Morelos, Nuevo León and Veracruz have stated that they suffer of feminicide vio- lence. The mechanism of gender violence alert, should be revised so it can evidence facts that at- tempt against women integrity, and so that it could be more effec- tive upon thereof protection and illicit prevention. The country has not recognized totally the fe- minicide crime and for that, vio- lence by gender matters occurs in a daily basis, without pathways to prevent this tendency. Furthermore, we count with an incipient victims care system, which we expect to be the an- swer so that care and redress that the same demands and deserves should be effective. We wish that the system will try to stop that victims suffer twice victimiza- tion by an inefficient institutional design and ineffective bureau- cratic operation that in the past, and even though that we count with a specific legislation, it has minimized at the practice, their rights validity. Since the day that my man- agement started, it was raised the need to achieve an effective care scheme for victims. That is, to seek that the problems or situ- ations that motives individuals to appeal this National Commission, be assisted or remedied in the best way, and in the shortest time possible, through conciliation of involved parts, issue expected in article 36 of the National Human Rights Commission Law. This route has shown in facts that it is a viable option because it has provided a satisfactory and short-term solution for a high per- centage of cases that this National Commission knows. During the reported period that faced 9,408 new-recorded complaints, it were solved 4.566 files by procedure or through conciliation. These rep- resents almost the 47.2% of the concluded complaint files, which are a total amount of 9,669 files. Two thousand sixteen was also a year in which to be defend- er of human rights or journalist remains being a risk profession in our country. An example of it is that 13 journalists lose their lives, a tendency that generates worrisome this year because of the homicides and aggressions recently registered. Likewise, in several occasions there were voices that unreasonably pointed out human rights defenders as responsible of impeding author- ities’ accountabilities incompli- ance as those related to ensure individuals security. This goes so far that defenders´ actions were inhibit and their voices silenced by the promotion of legal actions. Aggressions and crimes against journalists and human rights defenders must not go un- punished. In each case, we re- quest for quick and comprehen- sive investigations. Likewise, we demand to different authorities to begin campaigns where jour- nalists and defenders tasks’ im- portance is recognized and to en- sure, in the best way, their safety and integrity, as well as the need- ed conditions to their labors de- velopment. Attention to security issues and justice, faced by our coun- try, should be undertaken under a comprehensive approach that, from a preventive more than reactive judgement, deals with the group of factors that creates criminal activities, just like pov- erty, exclusion, lack of opportu- nities, as well as absence of ed- ucation of quality for children and adolescents. Likewise, it is necessary to procure the repair of the social fabric, together with the development of capabilities and resources for the effective persecution and combat of illic- it activities, with full respect for human rights. Partial approaches just provide unfinished solutions, which will not resolve questions of substance. INDEX 5 Normalcy of social coexis- tence and human dignity defense are possible when there is peace and for that effect, security is in- dispensable. We have said, with- out peace there is no justice nor conditions for full and compre- hensive development of individ- uals. Peace not only oppose war, oppose violence and resource of force, for that t is necessary that regulations should be fulfilled and applied, that institutions and authorities enforce and preserve rights validity, instead of violat- ing them. In this context, I reiterate that the existence of a legal frame- work that regulates the tasks that the army, with exceptional char- acter, conducts since more than ten years ago, in regard, individ- ual´s security does not imply by itself, the solution to insecurity, violence and to the lack of jus- tice access that this country faces. The participation of the army in linked tasks to individuals’ secu- rity is not what we would wish, neither the recent emission of the law in this regard. The decision upon the conve- nience and the need to issue an Interior Security Act requires of a broad plural, informed and in- clusive discussion, in which it is widely included, the facing situ- ation in our country. As well as the consequences, both positives as negative, caused by the army’s activity. It is also important to lis- ten the society, experts, academ- ics, those who have suffered vio- lence or any power abuse, and to our army institutes’ members, in order to determine the best road map that our country needs to surpass this problem. Security linked to people must be in charge of civil institutions. When our country’s condition al- lows it, the army should return to its functions, but under a grad- ual and verifiable program. The exceptional character of its par- ticipation in security tasks, es- pecially its interaction with civil population, must not be assumed as permanently, and neither should be promoted as that. The next issues are some ex- amples of things that must be at- tended in order to provide with a more effective response to our security and justice problems: police appropriate formation and training; financial intelligence, assets investigation; corruption abatement, effective and real Public Ministry autonomy. Also in the next things, there should be proper attention: weapons trafficking combat; penitentiary system reassessment; modern- ization and reassessment of the intelligence system. In addition, it is imperative to emphasize the preventive character of public policies in the matter. In the case that it is deter- mined the pertinence of devel- oping an Interior Security Act, it is necessary to take as a premise the individuals´ dignity recogni- tion and respect. In addition, the Interior Security Act should take into account the validity of the competencies scheme and attri- butions that, in matter of interior security, anticipates the Constitu- tional article 21 and the content of the article 89, concerning inte- rior security and foreign defense of the Federation. In some way, the law may protect, or do not limit, the exercise of some rights such as social protest, freedom of expression or freedom of transit. It would be a clear signal of empathy with victims and of sensibility with society claims, if the same interest and deter- mination put in the above-men- tioned process to create the law on interior security should be used in the process to publish the laws regarding disappearanc- es and torture. Moreover, if the Mexican authorities recognizes the competency of the Commit- tee against Enforced Disappear- ances of the United Nations in order for it to receive individual requests, and if the Mexican gov- ernment will develop a law upon enforced internal displacements. The above issues are urgent and their attendance would have de- cisive impact on our country. During 2016, this National Organism issued 72 recommen- dations, addressed to 55 author- ities, which meant an increase of 20% from 2015. The five authori- ties that got the highest number of Recommendations during this period were IMSS, marked with 15 cases; The Navy, with 7; Gen- eral Attorney’s Office and the National Security Commission, with 6 cases respectively; and the Ministry of National Defense with 5 recommendations. From the set of recommendations is- sued in 2016, only two were to- tally fulfilled, 54 have proof of partial compliance, and 14 have been accepted without evidence of compliance. The violated human rights, as well as the subjects on which recommendations bear were sev- eral, including: obstetric violence cases, inappropriate medical care provision, attacks to freedom of expression, and affectations to people’s rights in migration con- text. In addition, they included cases of violation to the free and informed consultation of indig- enous peoples infringement, is- sues linked with environment, such as people’s standard of liv- ing and development; upon to serious facts involved with arbi- trary executions, enforced disap- pearance, torture, excessive use of force or illegal detentions. In seven recommendations, it was accredited torture existence and in 11 cruel inhumane o degraded treatments. It is important to highlight the issuance of the recommendation 4VG 2016 because of serious vi- olations to human rights. These human rights violations were consistent with the excessive use of force, and derived on the arbi- trary execution of 22 persons and in the life deprivation of other 4; on the torture of two detained persons; and in the cruel, inhu- mane and degraded treatment in detriment of one detained per- son. The CNDH observed the manipulation of the crime scene, presumably attributed to the Federal Police, where the facts occurred on May 22, 2015 at the “Rancho del Sol”, in Tanhuato municipality, Michoacán. The Recommendations issued INDEX New Age, No. 289 The voice of the President 6 by this National Organism are accepted; by general rule, never- theless, the realized actions and the real measures of compliance take longer to materialize. The formal acceptance of CNDH de- terminations do not always have a real incidence in the sanction or prevention of the human rights violations, neither in the access of victims to the truth, justice and repair, that is their right. It is precise the fully comple- mentation of the recommendato- ry points, for what it is necessary to distinguished between the intended fulfillment of the same by bureaucratic reports with the pertinent actions and effective measures related with its real compliance. The first mean delay and distract human rights pro- tection organisms because the reports usually have incomplete, irrelevant or partial information. This situation is mainly se- rious in cases in which the hu- man rights violations that were accredited consist on enforced disappearance, torture or arbi- trary executions. The subsistence and recurrences of such conducts question the real commitment of the different authorities involved in the recognition and respect of human rights. Its silence and indifference will show lack of interest upon this issues care, which questioned their real will to eliminate these practices. The real development and the effec- tive implementation of actions in this sense are very small. We should not forget or permit the silence in regard the linked cases to these conducts. The ab- sence of action from the authori- ties, contributes to maintain these practices, to strengthen impuni- ty, to increase the defenseless- ness and the suffering of victims and their families because of in- justice, violation of power and abuses. The government have not addressed the demands made by this CNDH and they have to ex- pect until an international orga- nization reiterates what we have already underlined, in order to start acting or to express interest within any topic, like might be on Iguala case or regarding civil de- fenders. The State is suffering a high cost because of no attending in time the organisms´ of protec- tion for human rights calls, so it is jeopardizing its credibility and commitment at the internation- al level with human dignity. Si- lence, inaction and indifference causes impunity to those that di- rectly violated people’s rights. During 2016, this National Commission exercised its powers in this context. Other detail fig- ures and data regarding CNDH´s activity during this period are in the report, which I will deliver at the end of my participation and which you could consult at the National Organism web site. Mr. President: To achieve providing Mexicans with an environment in which it is possible a safe and peaceful coexistence, and in which their human rights are not only recog- nized, but that they prevail, must be a priority at national public agenda. For that purpose, it is necessary that the society receive a clear and real signal upon em- pathy with human rights causes. During 2016, the Federal Ex- ecutive show clear signs on this commitment and with the con- viction through actions such as the promotion of the law initia- tive on equal marriage and with the unprecedented public apolo- gize made by the armed institute because some of its members con- duct incurred on human rights violations. This improvement and commitment is the path that must guide authorities’ daily ac- tion, in favor of human rights rec- ognition, defense and promotion. Consequently, it is precise, as soon as possible, the fully com- pliance of the issued recommen- dations by this National Com- mission, such as of international organisms in the matter. I make this request extensive to all lo- cal and municipal governments. That is, these calls have close con- nection with local governments. To this scenery, has added the existence of a complex inter- national context, derived from tenure change of the executive branch of the United States of America, a geopolitical circum- stance that is changing world- wide the human rights scenario, mainly affecting our country. From human rights perspec- tive, it is a fact of worry and alarm that our neighbor nation´s public policies acts through a speech of hate, hitting the most vulnerable groups: migrants and refugees because from the highest spheres of power it is promoted an ex- treme rejection against them. Actually, these actions have larg- er repercussions because they are questioning and challenging the universal and regional sys- tems for the protection of human rights. The above is not an emerg- ing issue; is a reality that is af- fecting many of our conational. Because they have an irregular migratory situation, they suffer daily the consequences from this speech that promotes and legiti- mize forms of rejection and dis- crimination. These actions are strengthening and visualizing with more frequency in streets, schools, working places and so- cial networks in the United States. To confront this, it is needed our commitment within “ethic of coherence”. We must act with the civility; the dignify treatment, the openness and the inclusion that we demand, at the inside of our country. This strains consis- tency and commitment. At the confronting of the announced threats and persecutions, this commitment involves that we must have empathy, sensibili- ty and that we must be solidary with the pain and suffering of people who are living with fear, which suffer marginality and uncertainty in a context that only predicts more problems in the near future. Although it is truth that it has been reiterated the intention to support our compatriots in the United States and that various actions have being undertaken, even the CNDH has been work- INDEX New Age, No. 289 The voice of the President 7 ing with some Consulates, the fact is that these actions are not enough. The spectrum should be broader, because it must be coherent with the reach and re- percussions of the adopted mi- gratory policies. International forums and mechanisms must be used to denounced and defend, in the strongest terms, the rights and the interests of Mexico and of our conational. Besides, it is necessary to an- ticipate the decent and satisfacto- ry conditions for the reinsertion in our country of those who may be deported. This implies the great challenge of trying to of- fer to returnees, life conditions and development with which at its time they did not count with and push them to migrate in its search of a better future. Likewise, we face the fact that many people, of other nationali- ties, that are trying to enter Unit- ed States through our border- line with US, now cannot cross because of the strengthening of the public migratory polices. The consequence is that these people are staying, by force, in our coun- try and we should be able to pro- vide them stay, care, and even- tual repatriation. In addition, it is necessary to contemplate the possibility that migrants in tran- sit decide to look for definitive residence in our country. These situations could overcome our capacities and resources, so pre- vention is a priority to avoid crit- ical environment involving viola- tions to the rights and dignity of the individuals. Finally, I would like to expose some brief reflections. It is time for an ethic change in our country´s institutional and public life. This change should place effectively human rights as an axis and as a parameter of all public policy; it must create a due culture of legality according to the current one, must motivate the compliance and law enforce- ment and turn into an essential premise the combat of impunity, corruption with all what this im- plies. It is precise that all authori- ties assume that the essence of power is to serve and not to use it, to do and not to say what has be done, to govern with integri- ty, responsibility, consciousness and in a deep sense of solidar- ity and commitment with our country, its society and its best causes and interests. To act with conviction within our countries development and transcendence. Respect, development and indi- viduals’ fulfillment should be the base of public activities. It is time to redirect our na- tional life through the path of moral, legal and political recti- tude, which emphasizes the val- ues of civility and responsibility. Authorities should review the ethic codes, of most of the institu- tions. They also need training, so that these moral codes could be part of their daily work. The law compliance need coherence with public servants ethical behavior. These actions will contribute to the achievement of what 25 years ago Dr. Jorge Carpizo said “to increase Mexicans life quali- ty, to ensure their most valuable assets; life, freedom, dignity and legal certainty. All that can be done in this respect will be insuf- ficient and for its accomplishment it is necessary to put the best we have with real vocation and con- viction” If we act with responsibility and assume the commitment we have with Mexico and its society to consolidate a culture of soli- darity, respect and recognition in defense of human dignity, I am convinced that 2017 will be a year for Human Rights in our country. I hope so… Many thanks Participacion/20170331.pdf INDEX New Age, No. 289 The voice of the President 8 New Age, No. 289 Event of the month THE CNDH WARNS ABOUT THE HATE SPEECH RESURGENCE IN THE UNITED STATES AND SUMMONED OMBUDSPERSON TO BOOST MULTICULTURALITY AND TO LIVE IN DIVERSITY March 8th, 2017 The national Ombudsman, Luis Raúl González Pérez, summoned international organisms and Na- tional Human Rights Institutions (INDH), to confront the biggest challenge that we currently face. He highlighted that the highest priority to the world is the hate speech resurgence, mainly in the United States. At his participation in the Pan- el “Factors contributing to cli- mate of violence”, as part of the 30th, General Assembly of the Global Alliance of National Hu- man Rights Institutions (GAHRI), headed by Beate Rudolph and held at Geneva, Switzerland, he pointed out that it is about a se- rious matter, risking human dig- nity recognition and equal rights corresponding to everyone. Before the representatives of over 100 institutions that are members of the GANHRI, and who meet at the Nations Palace, the Mexican Ombudsman called upon to retake the principles of the “Durban Declaration and Pro- gram of Action”. These, because from the National Human Rights Institutions we could boost a plat- form to fight against discrimina- tion, xenophobia and intolerance, as well as, to promote a culture of respect of multiculturalism and to convey richness and value of living and coexist in diversity. municados/2017/Com_2017_071.pdf INDEX 9 New Age, No. 289 Press Releases CNDH AND OHCHR AGREED UPON THE NEED AND IMPORTANCE TO PROTECT MIGRANTS AND TO CONTRIBUTE TO ERADICATE THE HATE SPEECH AGAINST THEM March 7th, 2017 DGC/069/17 In Geneva, Switzerland, the President of the Nation- al Human Rights Commission, Luis Raúl González Pérez, met with the United Nations High Commis- sioner for Human Rights (OHCHR), Zeid Ra’ad Al Hussein, with whom he discussed the human rights situation in Mexico. Both addressed some cases relat- ed with aspects on specific human rights violations investigated by the CNDH, such as the Ayotzinapa case. In addition, CNDH and OHCHR commented their shared concerns about the growing deterioration of the situation of the migrants who are located in the United States of America. Both parts agreed in the need of working in a coordinated way, from their re- spective powers, and pointed out that they will speak in the name of all the people who are in this condi- tion, regardless their nationality. Com_2017_069.pdf MEXICAN OMBUDSMAN UNDERLINES THE IMPORTANCE OF REDUCING DISCRIMINATION AGAINST CHILDREN AND ADOLESCENTS SEPARATED FROM THEIR PARENTS IN THE UNITED STATES March 12th, 2017 DGC/073/17 The President of the National Human Rights Commission (CNDH), Luis Raúl González Pérez, underlined the unavoidable commitment of over 100 National Human Rights Institutions (INDH), with the rights of children and adolescents. He called the Ombudsperson and the representatives of International Organi- zations to intensify their work in order to prevent and eliminate the discriminatory speech and the exacerbated nationalism that attempt the fundamental rights of children and adolescents in the United States of America. They are apart, unfairly, from their families. In Geneva, a working meet- ing took place between the NIHR and the United Nations Chil- dren’s Fund (UNICEF), as part of the 30th General Assembly of Global Alliance of National Hu- man Rights Institutions (GAN- HIR). In that meeting, Luis Raúl González Pérez, highlighted that the world has walked a long path in the time, to understand and recognize children as owners of fundamental rights, including those that everyone has in com- mon, and those that protect them mainly as a vulnerable group. Comunicados/2017/Com_2017_073.pdf INDEX 10 New Age, No. 289 Press Releases DGC/078/17 Analysts and researchers of the international unaccompanied children’s migratory phenome- non, analyzed in the Forum of the Institute of Legal Research organized by UNAM, the report “Central American unaccompa- nied children and adolescents on international migration situation by their transit through Mexi- co and in need of international protection”, that was developed by the National Human Rights Commission. Attendees agreed in the need to point out that the great chal- lenge is to achieve a comprehen- sive legislative reform that allows March 25th, 2017 DGC/088/17 At the city of San Luis Potosí, San Luis Potosí it was held the Inter- national Seminar “Fundaments and practice of the right to prior, free and informed consultation of indigenous peoples”, organized by the National Human Rights Commission, the Ministry of In- terior, in coordination with the State´s Commission of Human Rights and UN Global Compact. At the event, the participants agreed that the payment of the historic debt that governments EXPERTS URGES A LEGISLATIVE REFORM TO ATTEND UNACCOMPANIED CENTRAL AMERICAN CHILDREN AND ADOLESCENTS, WHO ARE MIGRATING March 17th, 2017 context PRIOR, FREE AND INFORMED CONSULTATION TO INDIGENOUS COMMUNITIES AND PEOPLES IS A HISTORICAL DEBT OF GOVERNMENTS AND SOCIETY, WHICH HAS PREVENTED THEM TO FULLY EXERCISE THEIR RIGHTS the protection and of children and adolescents that are on an international migration context (NNACM) from a human rights perspective. Thus, it must likely that Mexico cease to be a coun- try of transit and become being a country of final destination to this population. Likewise, they indicated that the different in- volved authorities on the issue have not achieved the adjustment if their performance to the legal framework of protection to in- ternational migrant children, be- cause this legal framework is not clear to determinate attributions and competencies within differ- ent spheres of government. Comunicados/2017/Com_2017_078.pdf and the society have with indig- enous peoples and communities on prior, free, informed, cultural- ly appropriate and of good faith consultation, will allow us to em- power them. This, will let them be subject of rights and exercise them on a fully way. In the first encounter on this topic, the participants manifest- ed that the efforts currently car- ried out to achieve true effective- ness on prior consultation have not been sufficient, because the responsible institutions have not assured its properly attendance. Likewise, during the event the speakers announced the nega- tive consequences faced by the countries that does not apply this mechanism. In this sense, the national Om- budsman, Luis Raúl González Pérez, called the federal and local governments, as well as the busi- ness sector of the country, to ful- fill their obligations on prior, free, and informed, of good faith and culturally appropriate consulta- tion with indigenous peoples and communities. The above, espe- cially when someone is consider- ing the development or planning of a large- scale plan in the territo- ry of these people. He also urged the authorities to harmonize the legal system with the existing in- ternational standards on the mat- ter, as well as to present, discuss, study, vote and to issue a law that should be consulted with indige- nous peoples and communities. municados/2017/Com_2017_088.pdf INDEX 11 New Age, No. 289 Press Releases AS PART OF THE INTERNATIONAL DOMESTIC WORKERS DAY THE CNDH CALLES THE FEDERAL EXECUTIVE TO SEND THE CONVENTION 189 OF THE INTERNATIONAL LABOR ORGANIZATION ON DECENT WORK FOR DOMESTIC WORKERS, FOR ITS APPROVAL March 29th, 2017 DGC/092/17 The CNDH observed with concern that Mexico has not ap- proved the Convention 189 of the International Labor Organi- zation, as domestic workers in Mexico are in job insecurity con- ditions. He highlighted that, to a country as Mexico, where formal employment generation has be- come an important challenge; the approval of the Convention 189 of the ILO will indicate the will of Mexico to join a common effort of compromise in the promotion of decent work as a social justice measure and the strengthening of domestic workers fundamen- tal rights. In this sense, the President of the National Commission, Mr. Luis Raúl González Pérez ad- dressed a letter to the Ministry of Foreign Affairs, Mr. Luis Vide- garay, calling Mexico to approve this convention so that it could be coherent with its human rights respect policy. municados/2017/Com_2017_092.pdf Recommendations Responsible Authorities ISSUE Recommendation National Commission of Security About the case of human rights violations to liberty, legal certain- ty, safety, and personal integrity by arbitrary detention and tortu- re, against V, who is underage, at Conkal Municipality, Yucatán. RECOMMENDATION No. 08/2017 March 16th, 2017 Recomendaciones/2017/Rec_2017_008.pdf Responsible Authorities ISSUE Recommendation Mexican Institute of Social Security About the case of the violation to the rights of health care and of health to information in detriment of V1, at the General Hospital of Zone with Family Medicine 6 of the Mexican Social Security Institu- te, in Ocotlán, Jalisco. RECOMMENDATION No. 09/2017 March 17th, 2017 Recomendaciones/2017/Rec_2017_009.pdf INDEX 12 New Age, No. 289 Recommendations Responsible Authorities ISSUE Recommendation SMinistry of Environment and Natural Resources, General Direction of the National Water Commission, Federal Attorney of Protection to the Environment, Federal Commission for Protection Against Sanitary Risks, Puebla´s state government, Tlaxcala´s state government, Municipal President of the Town Hall of San Martín Texmelucan, Puebla, Municipal Presidency of the Town Hall of Nativitas, Tlaxcala, Municipal Presidency of the Town Hall of Ixtacuixtla de Mariano Matamoros, Tlaxcala. About the violations of the human rights of a Healthy Environment, water sanitation and information access. This, because of the conta- mination of the Atoyac, Xochiac Rivers and its tributaries, in de- triment of the ones who live and transit through the Municipalities of San Martín Texmelucan and Huejotzingo at Puebla´s state; and in the Municipalities of Tepetitla de Lardizábal, Nativitas e Ixtacuixtla de Mariano Matamoros at Tlaxca- la´s state. RECOMMENDATION No. 10 /2017 March 21st, 2017 Recomendaciones/2017/Rec_2017_010.pdf Responsible Authorities ISSUE Recommendation Mexican Institute of Social Security About the case of violation to the human rights of the protection to the health of V1, who is a Pure- pecha indigenous woman, at the IMSS-Prospera Rural Hospital of the Mexican Social Security Institu- te, in the Municipality of Paracho, Michoacán. RECOMMENDATION No. 11 /2017 March 21st, 2017 Recomendaciones/2017/Rec_2017_011.pdf INDEX 13 New Age, No. 289 Recommendations Responsible Authorities ISSUE Recommendation General Attorney’s Office, National Security Office About the case of arbitrary deten- tion and illegal retention of V1 and V2, torture and sexual violence against V1, as well as due process violation in detriment of V1 and V2, at Mexico City. RECOMMENDATION No. 12 /2017 March 24th, 2017 Recomendaciones/2017/Rec_2017_012.pdf Responsible Authorities ISSUE Recommendation General Attorney’s Office About the case of violations to the human rights of legal certainty, legality, personal liberty, due pro- cess and presumption of innocence for the arbitrary detention of V, as well as to the access of justice in its modality of procuring justice and protection, and to the right of inviolability of private communica- tions in detriment of V. RECOMMENDATION No. 13/2017 March 30, 2017 Recomendaciones/2017/Rec_2017_013.pdf Article of the month New Age, No. 289 Indigenous languages of Mexico, in risk by discrimination Mexico is one of the countries that count with the largest cultural and linguistic richness in the world, because it haves 68 native languages and 364 linguistic variants. Nevertheless, the 70 percent of these are in risk to disappear for the discrimination that their speakers suffer, that is what the general director of the National Indigenous Languages In- stitute (INALI), Juan Gregorio Regino said. In an interview, Regino said that this risky situ- ation is, in large part, because of the displacement (migration) of indigenous languages speakers to other communities or cities. Disqualification affects negatively to speakers personality because they as- sume the idea that “their language is useless” and they stop using it. The interviewer pointed out that indigenous languages were recognized in 2003 as national languages, so they have the same validity as Spanish. “This is still recent and, together with discrimination and lack of recognition, we realize that there is no necessary infrastructure for a multi- lingual nation”. Nonetheless, Gregorio Regino welcomes that in some education institutions, together with the Na- tional Autonomous University (UNAM), have had incorporated Mayan and Náhuatl languages teach- ing as elective subjects. guas-indigenas-de-mexico-en-riesgo-por-discriminacion.htm INDEX 14 New Age, No. 289 Book of the month POSITIVE DISCRIMINATION IN THE WORLD THOMAS SOWELL BINDING: HARD COVER EDITORIAL: GOTA A GOTA EDITIONS LANGUAGE: SPANISH ISBN: 9788493465889 Often, arguments on positive discrimination are merely theories. This book, however, offers an empirical study, thus it focuses on a real anal- ysis of the achievements for its application in various countries. Thomas Sowell, an authority in this field, presents a new vision of pos- itive discrimination in which he analyzes its real consequences in the United States and other countries in which it has been applied. After evaluating the empirical data, the author concludes that these types of programs have not met the expectations and that, often, they have had opposite results compared with the original intentions. do/9788493465889/1107248 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 Norma Inés Aguilar León Fifth General Visitor Edgar Corzo Sosa Sixth General Visitor Jorge Ulises Carmona Tinoco Executive Secretary Héctor Daniel Dávalos Mártínez 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 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] INDEX

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