May, 2018 New Age, No. 303 (PDF)

Newsletter May, 2018 New Age, No. 303  Carta de Novedades, Nueva Época, No. 303, mayo 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 31 de mayo 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. Index The voice of the President ....... 3 Event of the month .................. 4 Press releases ........................... 5 Recommendations ................... 9 Article of the month ................ 9 Book of the month ................. 10  3 The NHRC demands to consolidate the Protection System of International Migrant Childhood in Mexico, and points out that electoral processes must not delay the fulfillment of human rights DGC/144/18 May 23, 2018 The national ombudsman, Luis Raúl González Pérez, participa- ted in the opening of the forum “Steps towards the consolida- tion of the Protection System of Migrant Childhood in Mexico” –which was inaugurated by the Deputy Secretary of Population, Migration and Religious Affairs of the Interior Ministry, Patricia Martínez Cranss—. So, the National Human Rights Commission (NHRC) noted that the solution of the problem that migrant kids and teenagers face on their transit and stay in our country is a priority that has been identified by all actors who par- ticipate on their defense, who are also convinced of the need of con- solidating and strengthening the protection system of internation- al migrant childhood in Mexico. He highlighted Mexico´s glob- al responsibility on the human rights of migrant childhood; therefore, he asked the interven- tion of the Human Rights In- ter-American System in order to exhort the American government in a precautionary way to provide an appropriate treatment to kids and teenagers who arrive and are detained in the United States to not be separated from their fam- ilies as a deterrence way to stop migration. By labeling this measure as unacceptable, if carried out, this national commission underlined that the road of migrant kids and teenagers is filled of danger, abuse, fears and uncertainty; also the respect of their dignity is not guaranteed in the northern coun- try; he said that independently of the American sovereignty, migra- tion and refuge are recognized al- most everywhere else as a shared international solidarity respon- sibility. He emphasized electoral processes must not delay the ful- fillment of human rights. He said that during 2016, the migratory authority detect- ed 40,114 children and teenag- ers coming mainly from Central America; likewise, in that same year 13,737 Mexican kids were re- turned from the United States. In 2017, 18,300 and 7,266 were record- ed respectively. With regard to unaccompanied childhood who has been presented before de Na- tional Migration Institute by 2006 the number reached 17,557; in 2017, the number was 7,430; and in 2018, 2,703 so far. He noted that in 2016, 15,291 unaccompanied children were re- turned to their countries of origin by the Mexican migration author- ity; in the year 2017 the number was 6,638, and in 2018, 1,990 so far. Regarding Mexican unaccom- panied children returned from the United States, 9,719 cases were reported during 2016; in 2017, the cases were 7,368, and in 2018, the number was 2,660; the people who asked the recognition of un- accompanied refugee were 44 in 2016 and 53 cases in 2017. González Pérez highlighted that we are getting closer to the Global Compact for Safe, Or- derly and Regular Migration, which will be a great agreement in which girls, boys and teenag- ers will be a core part of interna- tional concerns, efforts and com- mitments; the Compact has to be complemented with normative harmonization, creation of legal mechanisms and elaboration of proper public policies, with bud- get support and necessary re- sources for its execution. Resulting from this forum, authorities and actors made pub- lic the document “Consensus on Migrant Childhood”, by which the participants engaged them- selves to promote before congress the harmonization of the current migration and international pro- tection legal framework; to guar- antee children not be detained in migratory centers; to implement gender protection actions; to gen- erate and strengthen alternative measures of freedom privation for family groups who travel with minors; to guarantee them effec- tive access to refugee recognition; and to asses and determine the superior interest of childhood based on the general law of such issue. The outcome will be present- ed to the National Conference of Governors (CONAGO), taking into consideration its commit- ments acquired about it; in the meantime, the follow-up will be made by a revision within six months from its presentation. http://www.cndh.org.mx/sites/all/doc/Co- municados/2018/Com_2018_144.pdf The voice of the President New Age, No. 303 INDEX  4 New Age, No. 303 Event of the month THE NHRC DEMANDS TO THE IACHR MORE AND BIGGER PARTICIPATION OF THE NATIONAL HUMAN RIGHTS INSTITUTIONS AND TO INCORPORATE INTER-AMERICAN STANDARDS ON LAWS AND POLICIES FOR EFFECTIVE VALIDITY OF THE ADRDM DGC/133/18 May 15, 2018 By participating at the 70th Anniversary of the American Declaration of the Rights and Duties of Man, the national ombudsman, Luis Raúl González Pérez, proposed to update the term “of Man” of this document for the inclusive term “Human” or “ of the person”. He demanded the Inter-American Commission on Human Rights (IACHR) to open spaces to natio- nal human rights institutions (NHRIs) to allow them to have a wider participation, benefiting from their Independence of governments and from civil Society organizations in order to incorporate to countries Inter-American standards on legislation, policies and practices; to be achieved yet, such advances are still insufficient to guarantee total effectiveness of the Human Rights Inter-American System, doing it without interfering or violating nations sovereignty, without weakening their democratic institutions or ignoring their legal system independently of authorities and powers of each country. He confirmed that the biggest challenge that the American Declaration of the Rights and Duties of Man (ADRDM) and the Human Rights Inter-American System are facing is to be considered valid for all the countries of the Americas. Recognition, commitment and participation of such countries is not uniformed yet, because not all of them have ratified the Declaration, like the United States, and others even though they did recognized it, have denounced it, like Venezuela and Trinidad and Tobago. http://www.cndh.org.mx/sites/all/doc/Comunicados/2018/Com_2018_133.pdf INDEX  5 New Age, No. 303 Press releases THE NHRC AFFIRMS THAT THE ADVANCES ON LEGISLATIVE AND PUBLIC POLICIES FAVORING PERSONS WITH DISABILITIES CONTRAST WITH INEQUALITIES AND BARRIERS THEY FACE DAILY DGC/118/18 May 3, 2018 The National Human Rights Commission considers that a decade away from getting into force the Con- vention on the Rights of Persons with Disabilities (CRPD), people with that condition form one of the most invisible and marginalized minorities worldwide. The advances in our country in fields like legislative, of public policies and programs, as well as in raise of awareness contrast with big inequalities and barriers this group still faces. This national organism calls on authorities of three government levels to intensify efforts to change the view towards persons with disabilities, to recognize them as beneficiaries of rights and to continue with the stimulus of laws, programs and actions resulting in benefits of such group and society overall. Ten years away from getting into force of the CRPD, the national organism calls on Society to change the medical and assistance model towards that population which reaches 7.2 million people in our country. http://www.cndh.org.mx/sites/all/doc/Comunicados/2018/Com_2018_118.pdf INDEX  6 New Age, No. 303 Press releases THE NHRC RECOGNIZES THE VALUE OF TRADITIONAL MIDWIFERY AND DEMANDS ITS LEGAL REGULATION IN ORDER TO BE PRACTICED SAFELY FAVORING LIFE AND TO PROMOTE CHILD MATERNAL HEALTH DGC/130/18 May 12, 2018 The National Human Rights Commission (NHRC) recognizes the value of traditional midwi- fery, which deals with the atten- tion of 30 thousand births per year in the country; and demands the implementation of a proper le- gal regulation regarding the limi- tations faced by those who practi- ce it, to do it safely in favor of life and promotion of child maternal health. In occasion of International Day of the Midwife, this national commission pointed out that this practice in the comprehensive promotion of the right to sexual and reproductive health of wom- en must be recognized, respected and strengthened based on in- ternational and national norms for being an ally in public health instances and very helpful in the reduction of obstetric violence. This was stated in the opening of the second edition of the Seminar about Traditional Midwifery in Prevention of Obstetric Violence and in its defense as a cultural right. http://www.cndh.org.mx/sites/all/doc/Co- municados/2018/Com_2018_130.pdf THE NHRC DEMANDS TO THE MEXICAN STATE AN EFFECTIVE ACCESS TO INFORMATION AND COMMUNICATION TECHNOLOGIES OF 7.1 MILLION PERSONS WITH DISABILITIES DGC/137/18 May 17, 2018 In occasion of the World Tele- communication and Information Society Day – May 17—, the Natio- nal Human Rights Commission (NHRC) underscores that acces- sibility to information and com- munication technologies (ICT) must ensure the accomplishment and compliance of the equality principle stated on the Mexican Constitution, the International Covenant on Civil and Political Rights and the American Con- vention on Human Rights; this principle must also be effective in favor of 7.1 million persons with disabilities in our country, who have to be visualized in general frameworks of development and their processes. On this matter, this national organism calls on the different government agencies to fulfill the needs and claims of persons with disabilities regarding accessibility to ICT, especially on their web si- tes and Apps in order to get rid of communication obstacles and at the request of services and infor- mation; also in the need of thin- king about the role of these tech- nologies for creating, consulting using and sharing knowledge, for the enjoyment and exercise of ci- INDEX  7 New Age, No. 303 Press releases vil, political economic, social, cul- tural end environmental rights. The UN 2030 Agenda for Sus- tainable Development establishes the need to reinforce develop- ment policies and practices to en- sure that aspects like accessibili- ty, education, employment, social security and reduction of poverty be part of an inclusive and sustai- nable view that fully incorporates the persons with disabilities. The goal is provide them with neces- sary help and reasonable adjust- ments that allow them their full participation on equal conditions. http://www.cndh.org.mx/sites/all/doc/Co- municados/2018/Com_2018_137.pdf THE NHRC URGES THE EFFECTIVE RECOGNITION OF THE HUMAN RIGHTS AND DIVERSITY OF INDIGENOUS PEOPLES AND COMMUNITIES TO REVERT INJUSTICE AND TO ERADICATE ALL KIND OF DISCRIMINATION DGC/140/18 May 20, 2018 The National Human Rights Commission (NHRC) considers imperative that the Mexican State creates a new relation with the indigenous peoples and com- munities of our country by the effective recognition of their cultural diversity, to do so, the Federation, states and municipalities have to establish institutions and mechanisms jointly with indigenous population that guarantees the validity of their human rights, comple- te development and the correct diffusion of such rights for promoting opportunity equality, reverting injustice and eradicating all forms of discrimination and exclu- sion. The national organism notes that in such way a full validity will be given to the fundamental rights of 25.7 million people who call themselves indigenous, doing so, 364 indigenous language versions would be protec- ted, all of them national, as well as the big diversity of 68 original peoples, as stated in Article 2 of the Consti- tution and in the General Law of Culture and Cultural Rights; besides, the Sustainable Development Goals of the UN 2030 Agenda would be accomplished. In connection with the World Day for Cultural Di- versity for Dialogue and Development, the NHRC hi- ghlights that culture as educational and transmission instrument of values and knowledge among different generations ought to be an element that contributes for promoting respect and knowledge of fundamental ri- ghts, social and economic development of indigenous peoples and communities, gender equality, social in- clusion, and the preservation of cultural infrastructure and biodiversity of our country. http://www.cndh.org.mx/sites/all/doc/Comunicados/2018/ Com_2018_140.pdf INDEX  8 New Age, No. 303 Press releases THE NHRC WARNS ABOUT THE EXISTING INTERDEPENDENCE BETWEEN THE PROTECTION OF BIOLOGICAL DIVERSITY AND THE ENJOYMENT OF HUMAN RIGHTS DGC/142/18 May 22, 2018 The National Human Rights Commission (NHRC) warns about the risks and threats posed over biological diversity in our country, if not attended, could provoke the loss of an important percentage of natural re- sources like soils, water bodies, mangroves, animal endangered species, forests, jungles and other unique ecosystems worldwide. Therefore, and in occasion of the International Day for Biological Diversity, the NHRC calls on autho- rities to raise awareness on population about the importance of the protection of the planet´s biological resources. This national organism joins the United Nations call to make visible a problem that affects the entire population and that it requires the attention of all social sectors, especially for the protection of lands and resources which are part of indigenous communities damaged by national and international extraction industries, mainly by surface mining, the use of water for it, as well as massive irrigation in the country. Likewise, it is relevant to say that Mexico is part of the 1993 Convention on Biological Diversity, so Mexi- co has the duties to respect, protect and guarantee the safeguard of natural resources which are part of its territory including animal diversity; it is essential and urgent the protection of endangered species, like the vaquita. Finally, biological diversity is directly linked to Goal 15 of the 2030 Agenda for Sustainable Develop- ment, relative to “sustainably manage forests, combat desertification, halt and reverse land degradation and halt biodiversity loss”, and particularly to target 15.1, where is stated the commitment to “ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their ser- vices, in particular forests, wetlands, mountains and drylands, in line with obligations under international agreements”. http://www.cndh.org.mx/sites/all/doc/Comunicados/2018/Com_2018_142.pdf INDEX  9 New Age, No. 303 Recommendations Article of the month Responsible Authority Issue Recommendation National Security Commission About the arbitrary detention, illegal retention and submission with unnecessary abuse of force, in detriment of V, in los Reyes de Salgado, Michoacán. RECOMMENDATION No.16/2018 May 17, 2018 http://www.cndh.org.mx/sites/all/doc/ Recomendaciones/2018/Rec_2018_016.pdf Mexico - Global Peace Index The war against drugs reached a new level. The car- tels were torn apart because of the neutralization of their leaders, new criminal groups appeared and violence spread along the pacific coastline. Howe- ver, for the first time the outcome of the 2018 Mexi- co Peace Index present a new conclusion: the war against drugs no longer represents the whole Out- look. Nowadays, Mexico faces a collapse at peace le- vel that affects Society in general and in all its areas. The country is less safe for the population for reasons they can only solve. In the year 2017, 25 out of 32 states experienced a decline on the peace lev- el, damaging homes and origin places of more of 100 million people. The national rate violent crimes increased by 15%, assaults, robbery and sexual vi- olence were the ones that increased the most. The violence monthly rate in families increased by 32% in the last three years. Because domestic violence and outdoors violence go along together, shootings in the streets are not anymore the only peace problem in Mexico. “Win- ning the war against drugs” is not a feasible goal to build peace. An effective frame of peace building will have to analyze multiple dynamics and the way in which they interact. In a descendent way, it is essential that each gov- ernment level focus itself in reforming more than in using force. In the ascendant way, is necessary that communities, civil society and municipal govern- ments improve social cohesion, free flow of infor- mation and the rule of law. http://indicedepazmexico.org/ INDEX  10 New Age, No. 303 Book of the month INDEX The freedom of speech in the jurisprudence of the Inter-American Court of Human Rights Sergio García Ramírez / Alejandra Gonza Number of pages: 97 pages. Binding: PDF Publisher: Corte Interamericana de Derechos Humanos / Comisión de Derechos Humanos del Distrito Federal Language: CASTILIAN ISBN: 978-970-765-064-0 The Inter-American Court of Human Rights, created 25 years ago, have had the chance to speak of numerous extents of the 1969 Ameri- can Convention on Human Rights and other instruments that provide it competency. One of the analyzed issues by the court is freedom of speech, recog- nized in article 13 of the American Convention. In this book, adopted criteria are presented by the court in various pronouncements: an ad- visory opinion, which is among the first ones issued by it (Compul- sory Membership for the Practice of Journalism, OC-5, of November 13, 1985) and various decisions and judgments. On the other hand, this court has dictated provisional measures in several subjects related to freedom of speech. http://www.corteidh.or.cr/sitios/libros/todos/docs/libertad-expresion.pdf  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] INDEX