May, 2016 New Age, No. 279 (PDF)

Newsletter May, 2016 New Age, No. 279  Index The voice of the President ...... 3 Event of the month .................. 5 Press Releases .......................... 5 Recommendations ................... 9 Article of the month .............. 11 Book of the month ................. 12 Carta de Novedades, Nueva Época, No. 279, mayo 2016, 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. 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 mayo de 2016. 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 Words of Mr. Luis Raúl González Pérez, President of the National Human Rights Commis- sion, in the conference of the Special Report about Forced Internal Displacement in Mexico Mexico City, May 11th, 2016 Forced internal displacement is a problem that exists in Mexi- co, that directly or indirectly is linked to multiple violations of human rights, to which, the Na- tional Human Rights Commis- sion prepared this Special Report presented today, in order to ex- pose and visualize this situation, to provoke government action for prevention and to establish plans of care for victims under a hu- manitarian profile, with effective actions and durable solutions, to the return of displaced persons to their place of origin or their reset- tlement. While it is true that not all in- ternal population movements in the country could be considered as forced displacement, it is also true that violence, insecurity, im- punity and, in general, the weak- ness of our rule of law and the lack of suitable conditions for the proper development of those peo- ple, have resulted in several re- gions of the country that a consid- erable number of Mexicans leave their natural places of residence to search, not only better living conditions, but many times, basic issues such as the preservation of their life and physical integrity, as well as to their families. Internationally, the United Na- tions has conceptualized them as “persons or groups of persons who have been forced or obliged to escape or to run away of their homes or places of habitual resi- dence, in particular as a result or to avoid the effects of an armed conflict, or situations of general- ized violence, or violations of hu- man rights or natural disasters or human-caused, and who have not crossed an internationally recog- nized state border”. By the very nature of this phe- nomenon, there is no comprehen- sive, current and verifiable infor- mation on the number of victims, though some estimates made by various national and internation- al bodies and organizations. The forced internal displacement in Mexico is a problem which mag- nitude and real scope has yet to be investigated and determined in an objective and comprehen- sive manner. To carry out the Special Report presented, this National Com- mission conducted a sampling work through questionnaires and visits that were made in the 32 states of the Republic. The results of this exercise does not allow us to formulate a valid overall pro- jection on the dimension of the phenomenon of forced internal displacement in Mexico, since this requires an effort of a greater scale and scope that culminates in a national registry implement- ed under international standards. However, they are sufficient to demonstrate the necessity and urgency of addressing this prob- lem by the authorities of the three branches of our government and the generation of consciousness, both by the State and the Mex- ican society, about its existence and impact. The difficulties to address this issue begin from the fact that it doesn’t exists in the Mexican legal system, a rule setting that defines internal forced displacement or that establishes a framework for action against it. In our country, the one who suffers forced dis- placement remains vulnerable, both by the inherent conditions to the fact of the displacement it- self, and for the lack of rules and specific institutional capacities for the protection, support and assistance of the victims. Forced internal displacement involves infringement, direct or indirect, of human rights such as those related to the movement and residence, health, personal security, public safety, food se- curity, employment and educa- tion. The victims of displacement, are men and women of all ages, with aggravating consequences to those populations that are al- ready in a vulnerable condition, such as children and adolescents, women, the elderly and indige- nous people. Similarly, journal- ists and human rights defenders, have special needs for protection and guidance in this area. Forced internal displacement is not a new issue in our country since, in various forms and with different magnitudes, it has been present for several years now, be- ing one of the main causes that have historically motivated the events of 1994 in Chiapas; viola- tions of human rights; natural disasters or caused by humans; development projects; violence generated by religious themes; vi- olence caused by clashes between organized crime groups; the ac- tivities of paramilitary groups, and threats arising from the exer- cise of journalism. It is necessary that the Mexican government officially recogniz- es the existence of this problem, and that takes an unequivocal position on the issue and that un- dertakes specific actions to its at- tention. Because of its own character- istics, the attention of forced dis- placement requires coordinated action by federal, state and mu- nicipal government. The actions to date that have been undertak- en in this area are isolated, fo- cused on temporary care support, without comprehensive planning and not implemented based on serious and reliable diagnoses. If the implemented measures aspire to have a positive impact on this issue, should be more preventive than reactive, in order to encour- age viable, effective and lasting solutions rather than implement palliative and short- term mea- sures. The voice of the President New Age, No. 279 INDEX  The voice of the President New Age, No. 279 It is precise to develop a na- tional and official diagnosis of forced internal displacement in Mexico, as an essential tool for building effective public policies and programs, addressing social, economic, legal and political con- sequences in the country. In this regard, conducting a census sur- vey that includes forced internal displacement would be of great relevance. They should also consider the legal and juridical assistance measures to the displaced people to guarantee the investigation of the fact, the restitution of the vio- lated rights and the defense of the affected goods. Likewise, there should be and establishment of the safety con- ditions against the organized crimes, just as the voluntary re- turn of the displaced people of their original place and their re- location in new settlement zones. This is the first report that emits an institution of the Mexi- can State related to forced internal displacement, in which the caus- es, manifestations and principal problems of our country are ana- lyzed, proposing some measures and preventive actions, just as the protection of displaced people. We consider that it is neces- sary a creation of a general law about forced internal displace- ment that establishes a basic legal framework for the distribution and determination of the simul- taneous powers and obligations of the Mexican authorities in the matter, since, nowadays, the only normative references are from the international scope. http://www.cndh.org.mx/sites/all/doc/ Participacion/20160511_1.pdf INDEX 4  5 New Age, No. 279 Event of the month ON THE OCCATION OF THE INTERNATIONAL LABOR DAY, THE CNDH URGES AUTHORITIES AND ENTREPRENEURS TO STRENGTHEN THE ACTIONS IN FAVOR OF THE WORKERS CGCP/119/16 May 1st, 2016 On the occasion of International Labor Day, May 1st, and in order to recognize the enjoyment of the human right to work, the National Human Rights Commission (CNDH) urges authorities and entre- preneurs to strengthen programs, rules and mech- anisms to promote economic, social and cultural development of the workers, as well as to receive a decent remuneration and ensure a fully and pro- ductive employment. This National Institution notes that the effective exercise of this right includes to live an honorable life, the full development of the person, having a job, adequate and fair salary to satisfy their needs and their family’s’, also the enjoyment of rational and favorable working conditions, without discrim- ination. The right to work not only seeks to provide economic and material security, also promotes ac- cess to other rights such as food, education, health and housing. This right is protected in Articles 5 and 123 of the Mexican Constitution, as well as in several international instruments, including the Universal Declaration of Human Rights; the International Covenant on Economic, Social and Cultural Rights; the American Declaration of the Rights and Duties of Man; the Additional Proto- col to the American Convention on Human Rights regarding Economic, Social and Cultural Rights (Protocol of San Salvador); and numerous conven- tions adopted in the framework of the Interna- tional Labor Organization (ILO). http://www.cndh.org.mx/sites/all/doc/Comunicados/2016/ Com_2016_119.pdf Intolerance and Discrimination because of Homophobia put at risk the Freedoms System and the Protection of the Human Rights in the Country: CNDH Mexico City, May 17th, 2016 During the Forum “Homopho- bia, Transphobia and Human Rights” and in occasion of the National Day against Homopho- bia, May 17th, the National Hu- man Rights Commission (CNDH) calls the authorities and the soci- ety in general to give timely and quick attention to the intolerance and discrimination because of homophobia that persists in our country, not to risk the freedom system, the integrity and protec- tion of the human rights of peo- ple that fight against stigma and discrimination for homophobia, lesbophobia, biphobia and trans- phobia. This National Organism high- lights the impor- tance of avoiding intolerant and discriminatory conducts because of homophobia through the ca- pacitation of the different sectors on the subject of society, besides promoting the culture of legality, recognizing the problem and giv- ing it the proper attention. Labeling or stigmatizing a group of people because of their sexual orientation attempts against the human dignity and leads to discriminatory acts that isolate individuals and hinder the normal development of their personality. Against this back- ground, there is a requirement thorough public policies that help eradicate intolerance and com- bat factors of violence, especially in the fields of education, health, justice and employment. http://www.cndh.org.mx/sites/all/doc/Co- Press Releases INDEX  6 New Age, No. 279 Press Releases CNDH DENOUNCES THE PENDING SUBJECT OF THE MEXICAN STATE, THE OBLIGATION TO ENSURE THE SAFETY OF JOURNALISTS IN THEIR PRACTICE CGCP/121/16 May 3rd, 2016 On the occasion of the World Press Freedom Day, May 3rd, the National Human Rights Commis- sion (CNDH) highlights that the freedom of expression is going through one of its most critical stages and therefore prevails as a pending subject the obligation for Mexico to ensure the safety of journalists in their professional performance. In accordance with the data of the Program of Attacks on Journalists and Civil Defenders of Human Rights, from 2000 to date there has been 113 murders of journalists, 20 journalists have disappeared since 2005 and there has been 49 attacks on media since 2006, which proves the seri- ousness of the problem. This National Commission calls on the authorities of the three levels of the government to end impunity before the in- creased frequency and severity of threats and direct attacks on jour- nalists and the media, who have become in recent years the target of violent acts. Among the fundamental rights that the State, as duty bear- er, is obliged to protect, there stands the fact that media profes- sionals should have the necessary guarantees to safeguard their in- tegrity and legal security, as well as their right to proper adminis- tration and the impartation of jus- tice. In this context, the position of journalists as a particular tar- get of aggression and violations of their fundamental rights, and the need to protect their public activity for the benefit of the dem- ocratic life of the country, must be recognized. In this situation, on February 8th of this year, the Advisory Council of this National Com- mission approved the General Recommendation 24 “On the ex- ercise of freedom of expression in Mexico”, which highlights the risk faced by journalists and com- municators in the country, and where accusations are made to the authorities of the three branches of government, to establish public policies that result in protection. http://www.cndh.org.mx/sites/all/doc/Co- municados/2016/Com_2016_121.pdf INDEX  7 New Age, No. 279 Press Releases THE NATIONAL COMMISSION OF HUMAN RIGHTS ENDORSES ITS COMPROMISE IN FAVOR OF PERSON´S RIGHTS WITH DISABILITIES CGCP/122/16 May 3rd, 2016 To mark the eighth anniversary of the worldwide entry into force of the United Nations Convention on the Rights of Persons with Dis- abilities, this National Commis- sion reaffirms its commitment to the inclusion of all people with disabilities regardless of their cir- cumstances. The Convention on the Rights of Persons with Disabilities was adopted by the United Nations General Assembly on December 13th, 2006 and was open to sig- nature and ratification on March 30th, 2007. Mexico signed it on March 30th, 2007, and we ratified it on December 17th, 2007. The Convention on the Rights of Persons with Disabilities is the first international human rights agreement of the XXI century, the first to talk exclusively about the human rights of persons with disabilities and the first one that is legally binding. The main ob- jective of the Convention is to promote, protect and ensure the full enjoyment and equality of all human rights and freedoms that persons with disabilities are holders. Among the objectives out- lined in the CNDH for 2016, it wants to progress in the work of a National Independent Monitor- ing Mechanism and the 32 State Independent Monitoring Mecha- nisms in each one of the entities of the country to promote, pro- tect and monitor the implemen- tation of the Convention in accor- dance with Article 33, paragraph 2 of the Convention on the Rights of Persons with Disabilities. http://www.cndh.org.mx/sites/all/doc/ Comunicados/2016/Com_2016_122.pdf CNDH AND UABJO TEACH AFRO- MEXICAN WOMEN OF GUERRERO AND THE OAXAQUEÑA COAST IN MATTERS OF HUMAN RIGHTS, EDUCATION, HEALTH, DISCRIMINATION, RACISM, XENOPHOBIA AND VIOLENCE CGCP/132/2016 May 14th, 2016 During the II Itinerant Chair of Afro-Mexican Women (CIMA) or- ganized by the National Commis- sion of Human Rights (CNDH) and the Department of Equity and Gender of the Autonomous University Benito Juarez of Oax- aca (UABJO), which was held in the languages center facilities of the UABJO at Puerto Escondido, Oaxaca, aimed to inform women in the fields of education, culture, sexuality, health and economy; where and how to file complaints when their rights are violated, as well as to introduce them to both national and international reg- ulations that force the Mexican State to protect those rights. During the event, the partici- pants agreed that the recognition of the rights to this sector of the population makes it more vul- nerable on being excluded and ignored, and one of the ways to fight this type of discrimination is by training them to demand their rights. Among the participants they were: Rosa Castro Salinas, coun- selor and founder of CIMA; San- dra Villalobos Rueda, director of Equity and Gender of UABJO; Beatriz Amaro Clemente, mem- ber of the Academic Council of the CIMA; Arcelia Garcia San- tiago, member of the Alliance of Indigenous Women of the Amer- icas; Guadalupe Martinez Perez, representative of the Alliance of Indigenous Women of Cen- tral America and;. Helen Peña Martínez, director of the Interna- tional NGOs of the Executive Sec- retariat of the CNDH. http://www.cndh.org.mx/sites/all/doc/Co- municados/2016/Com_2016_132.pdf INDEX  8 New Age, No. 279 Press Releases CNDH RECONGNIZES THE CULTURAL DIVERSITY THAT THE INDIGENOUS PEOPLE HAVE IN MEXICO CGCP/138/16 May 21st, 2016 On the occasion of the World Day for Cultural Diversity for Dialogue and Development com- memorated on May 21st, the Na- tional Commission states that the essential foundation of our identity is in the multicultural composition contributed by the indigenous peoples, which is one of the great strengths of the country. The cultural manifesta- tions of indigenous peoples, such as painting, architecture, cuisine, music, dance and poetry, identify us as nation and are part of the legacy that Mexico gives to man- kind. In addition, this National Commission emphasizes that the Article 2 of the Constitution recognizes Mexico as a multicul- tural nation, originally based on its indigenous peoples with their own social, economic, cultural and political institutions. Many violations of human rights of indigenous people con- tinue to be committed individ- ually, and against their commu- nities and towns, that are full of inequality, discrimination and poverty, which represent some of the obstacles needed to overcome in order to achieve full respect of their fundamental rights. The educational backward- ness, lack of basic services and lack of respect for their territory, customs or language, affect not only the indigenous population but the country as a whole, since a plural and inclusive society should further boost the fight against discriminatory behavior and intolerance. The CNDH remembers that despite advances in the legal framework concerning the rights of indigenous peoples there is still a pending legislation such as the recognition of their rights in local legislation, since it is not recognized in all states. http://www.cndh.org.mx/sites/all/doc/Co- municados/2016/Com_2016_138.pdf INDEX  9 New Age, No. 279 Recommendations Responsible authority: Issue: Recommendation Tamaulipas´s state government About the case of violation of the right of access to justice when ad- ministration of justice occurs, and freedom of expression, in detri- ment of V in Tamaulipas‘sstate. RECOMMENDATION No. 19/2016 May 2nd, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_019.pdf Responsible authority: Issue: Recommendation Ministry of the Navy About the case of the violations of the rights of personal freedom, arbitrary detention and illegal retention; to the inviolability of the trespassing of the home and to hu- mane treatment, for acts of torture, committed in detriment of V1 and V2 in Ciudad Mendoza, Veracruz. RECOMMENDATION No. 20/2016 May 12th, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_020.pdf Responsible authority: Issue: Recommendation General Director of Petróleos Mexicanos About the case of the violations of the right to the protection of health and the right to live in grievance of V, in the General Hospital of Pe- mex in Veracruz. RECOMMENDATION No. 21/2016 May 12th, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_021.pdf Responsible authority: Issue: Recommendation Coahuila´s Human Rights Commission of Zaragoza About two appeals contesting Q1 against the concluding agreements for lack of interest, issued by the Coahuila´s Human Rights Com- mission of Zaragoza. RECOMMENDATION No. 23 /2016 May 25th, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_023.pdf Responsible authority: Issue: Recommendation National Institute for Migration On the case of violations to human rights; to personal freedom, transit, non-discrimination, integrity and personal safety as well as access to justice against V1, V2, V3 y V4 that are Mexican nationals. RECOMMENDATION No. 22 /2016 May 22nd, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_022. pdf INDEX  10 New Age, No. 279 Recommendations Responsible authority: Issue: Recommendation State of Oaxaca Constitutional Government, State of Oaxaca LXI Legislature, Santa Cruz Xoxocotlan, Oaxaca Municipal Government. About the legal appeal of V against the non-acceptance of the Recom- mendation issued the People´s Office Rights Defender of Oaxaca. RECOMMENDATION No. 24 /2016 May 27th, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_024.pdf Responsible authority: Issue: Recommendation Hermosillo, Sonora Municipal Presidency. About the appeal of R, because of the violation to his right to legal certainty and to legality. RECOMMENDATION No. 25 /2016 May 30th, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_025.pdf Responsible authority: Issue: Recommendation Mexican Social Security Institute On the case of inadequate health care and loss of life of V1, at Gene- ral Hospital “Dr. Mauro Belaunza- rán Tapia”, of the State of Morelos, and at the General Hospital Family Medicine Unit No. 7 of IMSS, at Cuautla, Morelos. RECOMMENDATION No. 26 / 2016 May 31, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_026.pdf Responsible authority: Issue: Recommendation National Security Commission On the case of violation to right to health protection and life of V, who was inmate at the Federal Center for Social Rehabilitation No. 16, at Coatlán del Río, Morelos. RECOMMENDATION No. 27 /2016 May 31st, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_027.pdf INDEX  11 New Age, No. 279 Recommendations Article of the month Responsible authority: Issue: Recommendation Baja California Sur State Go- vernment, Ministry of Labor and Social Welfare. On the case of indigenous Rarámu- ris (Tarahumaras) that are far- mworkers, in Baja California Sur. RECOMMENDATION No. 28 / 2016 May 31st, 2016 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2016/Rec_2016_028.pdf Can business contribute to the SDG? Ferederico Buyolo (Generalitat Valenciana) May 5th, 2016 “We recognize the role played by different mem- bers of the private sector, from microbusiness and cooperatives to multinationals, and the role of civil society and philanthropic organizations in the im- plementation of the new Agenda. (...) We urge all companies to use their creativity and innovation to solve problems related to sustainable development. (...)”. The 2030 Agenda for Sustainable Development adopted by the General Assembly of the United Na- tions last September 27th, 2015, is a unique opportu- nity to lay the foundations of a global transforma- tion leading to models of inclusive and sustainable development, both national and internationally. The 17 objectives and the 169 goals are more than just a compilation of macro-policy measures, it is and it represents a true paradigm shift where social, economic and environmental sustainability pro- motes a possible world. Only with the integration of these three dimensions it is impossible to talk about sustainable devel- opment. http://elpais.com/el- pais/2016/05/04/planeta_futu- ro/1462384393_827372.html Business have to contribute with solutions to the strengthen of a local inclusive economy in the developing countries INDEX  12 New Age, No. 279 Book of the month INDEX Right of the family and the new models of family. Doctrinal developments and jurisprudence Tribute book to Encarna Roca Trias Vázquez Albert, Daniel (Dir.). Editorial: Aranzadi ISBN: 978-84-9059-898-6 Pages: 356 Bookbinding: Rústica Edition date: 2015 Edition: 1ª ed. In this work, which arises as a tribute of the Law Magazine of Catalo- nia to Her Excellency. Ms. Encarna Roca Trias for her career as Director of that magazine for seventeen years, eminent experts in Family Law, analyzed from a legislative, doctrinal and especially jurisprudential perspective, the legal challenges of the “new models of family”. Its authors, including the honored one, as well as those who are judges of the Constitutional Court, the Supreme Court and Provincial Court, professors and lawyers of prestige, analyze issues as hot as blended families and plurality of keepers, marriage, affiliation and divorce be- tween couples of the same sex or the covenants in anticipation of fam- ily breakdown. https://www.dykinson.com/libros/derecho-de-familia-y-los-nuevos-modelos-de-fa- milia-novedades-doctrinales-y-jurisprudencia-libro-homenaje-a-encarna-ro- ca-trias/9788490598986/  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 La CNDH Defends and protects your rights Newsletter Periférico Sur 3469, Col. San Jerónimo Lídice, Delegación Magdalena Contreras, C. P. 10200, México, D. F. 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, México, D. F. 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]