November, 2018 New Age, No. 309

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Summary of November, 2018 New Age, No. 309

Newsletter November, 2018 New Age, No. 309 Index The voice of the President ....... 3 Event of the month ................. 4 Press Releases .......................... 5 Recommendations ................. 10 Article of the month .............. 15 Book of the month ................. 15 Carta de Novedades, Nueva Época, No. 309, noviembre 2018, es una Publicación mensual editada por la Comisión Nacional de los Derechos Humanos, Periférico Sur 3469, Col. San Jerónimo Lídice, Delegación Magdalena Contre- ras, 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. 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 Vi- llalobos 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 noviembre 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. 3 The CNDH recognizes the determination made by the plenary of the Nation´s Supreme Court of Justice in the sense of invalidating the Law of Internal Security and draws atten- tion to the need for the prevention and strengthening of civil institutions, who are respon- sible for public security, and that should be developed in the national peace plan. DGC/376/18 November 15, 2018 The National Commission of Hu- man Rights (CNDH) recognizes the determination made by the Plenary of the Nation´s Supre- me Court of Justice (SCJN) in the sense of invalidating the Law of Internal Security with an almost unanimous vote. This was made echoing the arguments contained in the different actions of uncons- titutionality that were promoted, one of which was filed by the CNDH itself, gathering the opi- nions and observations of various national and international orga- nizations for the protection and defense of human rights, organi- zations of the civil society, acade- mics and experts in the field. The invalidity ruled by the SCJN ratifies the need for public safety and the temporary parti- cipation of the Armed Forces to be strictly subject to the provi- sions of the Constitution and in accordance with internationally recognized parameters. These ones propose to restrict to the minimum such interventions and strengthen the control of ci- vil authorities and institutions in this field. In this sense, at the end of the inauguration of the National Congress “Achievements and Challenges of Human Rights. From the 70 Years of the Procla- mation of the Universal Decla- ration of Human Rights”, the na- tional Ombudsperson, Luis Raúl González Pérez, said the above. He added that while it is positive that the National Plan for Peace and Security 2018-2024 contem- plates various preventive aspects in matters of public security and recognize as a premise respect for human rights, it is necessary to emphasize the essential role that civil authorities should have in this regard and prevent the su- bordination of civil authorities to military. He pointed out that the aba- tement of practices that violate human rights such as arbitrary executions, disappearances and torture cannot be guaranteed by the mere creation of new bodies such as the National Guard that is proposed. He underlined that a comprehensive policy is neces- sary, in accordance with the pro- visions of the Constitution and international standards that can make public safety an adminis- trative and operational responsi- bility, of civil authorities. In this regard, he called attention to the need to contemplate a specific plan for the review, training and operation of civilian police in the different areas and orders of go- vernment, an issue that the Na- tional Plan does not includes. municados/2018/Com_2018_376.pdf The voice of the President New Age, No. 309 INDEX 4 New Age, No. 309 Event of the month The CNDH affirms that millions of people still aspire the respect of their Human Rights and Dignity, before the Diversification of Violations and the Growth in Violence, Corruption and Impunity DGC/373/18 November 13, 2018 At the inauguration of the Inter- national Symposium “70 Years of the Universal Declaration of Human Rights”, the National Commission of Human Rights (CNDH) affirmed that the pro- mise of respect for the rights and dignity of all people, contained in the Declaration, is still an aspira- tion for millions of people. Serious discrimination against members of minorities and other vulnera- ble groups such as women, girls, children, adolescents, indigenous people, migrants and people with disabilities have accompanied the “traditional” violations of human rights. It warned that the forms of hu- man rights violations have diver- sified, since nowadays they come not only from authorities but also from individuals and diverse institutions, to which must be ad- ded those derived from violence such as torture and enforced di- sappearance, without forgetting those resulting from corruption and impunity. The national Ombudsperson, Luis Raúl González Pérez, ex- pressed that and said that in face of this scenario Mexico has the challenge of ensuring the Demo- cratic State, the Rule of Law and the roadmap of the 2030 Agenda to make sustainable development effective, as well as to stop the scourge of disappearances and torture. He also underlined that Mexico must not only provide good laws, also their real mate- rialization, with budgets and po- litical will of the federal and state governments, with autonomous prosecutors in all aspects, with effective public security with ci- vilian control and attending to the 264 observations made by the Human Rights Council in the re- cent Universal Periodic Review of Mexico municados/2018/Com_2018_373.pdf INDEX 5 New Age, No. 309 Press Releases The National Commission of Hu- man Rights (CNDH) stressed that despite the significant progress represented by the General Law on the Enforced Disappearance of People, Disappearance Com- mitted by Individuals and the National Search System for Peo- ple, there is no adequate appli- cation and materialization of the said legal order. In addition to the breach of the law, the institu- tional scaffolding established in it to eradicate disappearances in Mexico is only a good intention, since it has not provided the rela- tives of the disappeared ones, an adequate institutional response before that scourge. Furthermore, 25 Mexican fede- ral entities have not established their respective Local Commis- sion for Search and 11 have not set up or put into operation their Local Victim Assistance Com- mission, despite the fact that the Law for the Attention of Victims approved in December of 2014, es- tablished that duty. In that order of ideas, the Government must provide operational and techni- cal conditions that allow the con- tents of the aforementioned rule to materialize in practice, which demands, among other things, the allocation of necessary and sufficient budgetary resources for its implementation. THE NATIONAL HUMAN RIGHTS COMMISSION UNDERLINED BEFORE THE UN COMMITTEE AGAINST THE ENFORCED DISAPPEARANCE, THE NECESSARY MATERIALIZATION OF THE CORRESPONDING GENERAL LAW, AND SO THAT THE MEXICAN STATE WOULD NOT BE IN DEBT WITH THE VICTIMS OF THIS SCOURGE DGC/366/18 Geneva, Switzerland. November 9, 2018. Another subject pending by most states legislatures is the is- suance or adaptation of its inter- nal regulations to the provisions of the Federal Law on the declara- tion of absence. The above situa- tion generates that the recogni- tion and protection of the victims of disappearance, is not duly gua- ranteed or harmonized with the referral law. The same happens with the legal security of their re- latives. In addition, the CNDH poin- ted out the importance of forming the Local Search Commissions in their entirety. In the same way, create, within the scope of the local law enforcement agencies, specialized prosecutor’s offices to investigate and prosecute the enforced disappearance of people and disappearance committed by individuals, as well as channeling the necessary budgetary resour- ces so that the various instances contemplated in the previously mentioned law can fully fulfill their functions. In addition, we must have an efficient National Registry of Missing or Non-Loca- lized People. municados/2018/Com_2018_366.pdf INDEX 6 New Age, No. 309 Press Releases OMBUDSPERSON OF THE WORLD FEEL SOLIDARITY WITH THE ACTIONS UNDERTAKEN BY ITS HOMOLOGOUS IN MEXICO, HONDURAS, GUATEMALA AND EL SALVADOR TO PROTECT THE HUMAN RIGHTS OF MIGRANTS ON THEIR JOURNEY TOWARDS THE UNITED STATES DGC/383/18 November 20, 2018 The Global Alliance of Natio- nal Human Rights Institutions (GANHRI) recognizes and values the actions undertaken by the Ombudsperson of Mexico, Hon- duras, Guatemala and El Salva- dor. Those actions aim to protect the human rights of thousands of people in the context of migra- tion, who have left their countries of origin and who are in their way to the United States of America in search of safety and a better qua- lity of life. It also adds to the request made by the National Human Rights Institutions (NHRIs) of those countries, who asked the Inter-American Commission on Human Rights (IACHR) to su- pport their efforts and ensure the respect of the prerogatives of in- dividuals in the context of mobili- ty. The above, in accordance with international treaties, universal standards and the Inter-Ameri- can System for the Protection of Human Rights. Likewise, it recognizes the dis- position, efforts and coordination of the National Commission of Human Rights (CNDH) in Mexi- co, the National Commissioner of Human Rights (CONADEH) of Honduras, the Human Rights Ombudsman (PDH) of Guate- mala and the Office of the Om- budsman of El Salvador (PDDH) to protect the fundamental rights of these people in mobility. Fur- thermore, it underlined that this NHRIs provide them humanita- rian assistance and prevent their situation from worsening, with a special focus on women, chil- dren, unaccompanied children, elderly people and people with disabilities on their way to reach the border between Mexico and the United States of America. municados/2018/Com_2018_383.pdf INDEX 7 New Age, No. 309 Press Releases THE NATIONAL COMMISSION FOR HUMAN RIGHTS CALL THE NEXT FEDERAL GOVERNMENT TO GUIDE THE PROJECT OF THE MAYAN TRAIN THROUGH NATIONAL AND INTERNATIONAL STANDARDS ON HUMAN RIGHTS OF PEOPLE AND INDIGENOUS COMMUNITIES DGC/391/18 November 23, 2018 The National Commission for Human Rights (CNDH) considers that the “Maya Train Project” should be guided through natio- nal and international standards in the field of human rights of indigenous people and commu- nities. In this respect, it makes a polite call to the elected president, Andrés Manuel Lopez Obrador, to promote his governmental agenda in a comprehensive man- ner with the commitments subs- cribed by Mexico on this matter, especially on the prior, free, infor- med, culturally appropriate and of good faith consultation. For this National Commission, a project of this nature should consider consulting indigenous people and communities on ma- tters that potentially affect them, as contemplated in the 169 Con- vention of the International La- bor Organization, of which Mexi- co is part. It also warns that, in addition, this project must consi- der aspects of sustainable develo- pment that allow the use and ex- ploitation of natural resources by current and future generations, balancing economic growth, so- cial inclusion and environmental protection. Therefore, the CNDH urges those who promote the project to make its contents widely known in order to promote a public de- bate and a free and informed participation of the interested parties. A society that is not well informed is not free to participa- te in making decisions that may affect their fundamental rights. municados/2018/Com_2018_391.pdf INDEX 8 New Age, No. 309 Press Releases THE NATIONAL HUMAN RIGHTS COMMISSION PRESENTED BEFORE THE NATION´S SUPREME COURT OF JUSTICE AN ACTION OF UNCONSTITUTIONALITY AGAINST THE FEDERAL LAW OF REMUNERATION OF THE PUBLIC SERVERS, BECAUSE IT CAN CONTAIN POSSIBLE VIOLATIONS TO HUMAN RIGHTS DGC/398/18 November 26, 2018 The National Commission of Human Rights (CNDH) presen- ted before the Nation´s Supreme Court of Justice, on November 22, an action of unconstitutiona- lity against the Federal Law of Remuneration of Public Servants (LFRSP), because it could contain possible violations of human ri- ghts. In the document presented before the Constitutional Court of our country, this Autonomous Body stated that, in its opinion, the law departs from the man- dates of our Supreme Norm and of various international instru- ments signed by Mexico. Because of that, it considered convenient to submit it to the knowledge of the Supreme Court, so that his body can determine its validity, as maximum interpreter of the Political Constitution of the Uni- ted Mexican States. The CNDH considers neces- sary that the salaries of public servants should be regulated in accordance with the Mexican constitutional system, in its enti- rety. In that sense, it considered that the law did not develop, ac- cording to the constitutional text, the parameters or essential rules to make it effective, among other problems that, in the opinion of this institution that protects hu- man rights, could imply its appli- cation. The lawsuit promoted by the National Human Rights Com- mission, gathers diverse exposi- tions and opinions that contribu- ted more than 1,190 people who expressed their concerns regar- ding the aforementioned legal precept. They all denounced its possible unconstitutionality and requested that the corresponding action should be promoted befo- re the Nation´s Supreme Court of Justice. municados/2018/Com_2018_398.pd INDEX 9 New Age, No. 309 Press Releases HÉCTOR FIX ZAMUDIO, NATIONAL HUMAN RIGHTS AWARD 2018, FOR HIS OUTSTANDING PATH IN THE EFFECTIVE PROMOTION AND DEFENSE OF FUNDAMENTAL RIGHTS DGC/402/18 November 20, 2018 The Award Council of the Na- tional Human Rights Prize 2018 unanimously approved the jury’s opinion to award Héctor Fix Za- mudio with this distinction. The above, because for his outstan- ding career in the effective pro- motion and defense of funda- mental rights. In its ordinary session, dated November 28 of the current year, the Awards Council also resolved to confer an Honorable Mention to Tita Radilla Martínez, for her voluntary work in favor of the people and family member’s vic- tims of enforced disappearance. The National Award for Hu- man Rights is the recognition that Mexican society confers, through the Autonomous Constitutional Organization of Human Rights, to people who have excelled in the effective promotion and de- fense of fundamental rights. The performance of the Award Council of the National Human Rights Award is based on articles 1, 2, 3, 6, of the section XIV, 7, sec- tions IV and VIII, 109, 110 and 111 of the Law of Awards and Civil Rewards. Also, in article 1, 3, 7, 8, 9, 16, 18, 20, 21, 23, 25, 26, 28 and 29 of the Regulation on the Natio- nal Human Rights Prize. municados/2018/Com_2018_402.pdf INDEX 10 New Age, No. 309 Recommendations Responsible Authority Issue Recommendation Constitutional Government of the State of Tamaulipas About the case of violations to the right of health protection of V1 and V2, as well as to the reproductive freedom and autonomy of V1 and V2, to the best interests of children in the grievance of V1, adolescent women and obstetric violence in V2 grievance in hospitals depen- dent on the Ministry of Health of the State of Tamaulipas. RECOMMENDATION No. 55/2018 November 9, 2018 Recomendaciones/2018/Rec_2018_055.pdf Responsible Authority Issue Recommendation Mexican Institute of Social Security About the case of violations to the right of health protection in vio- lation of V1 and V2, and the best interests of children and obstetric violence, in the general hospital of zone no. 12, of the Mexican Insti- tute of Social Security, in Lazaro Cardenas, Michoacán de Ocampo. RECOMMENDATION No. 56/2018 November 12, 2018 Recomendaciones/2018/Rec_2018_056. pdf Responsible Authority Issue Recommendation Mexico´s State Government, Mexico´s State Human Rights Commission About the Appeal of R against the Agreement for the Conclusion of the Complaint File issued by the Mexico´s State Human Rights Commission, for the violation of R´s right to a life free of maternity violence, as well as for the right to breastfeeding of the binomial of R and V1 and at principle of the best interests of the children in detri- ment of V1. RECOMMENDATION No. 57/2018 November 14, 2018 Recomendaciones/2018/Rec_2018_057.pdf Responsible Authority Issue Recommendation General Directorate of the Na- tional Institute of Perinatology. About the case of violations of the rights to the protection of health in detriment of V1 and V2, the best interests of children and the perso- nal integrity of V2, as well as a life free of obstetric violence of V1 in the National Institute of Perinatolo- gy “Isidro Espinosa de los Reyes”, in Mexico. RECOMMENDATION No. 58/2018 November 14, 2018 Recomendaciones/2018/Rec_2018_058. pdf Responsible Authority Issue Recommendation Deputy General Attorney and International Affairs, Government of the State of Michoacán About the case of human rights violations of access to justice in its mode of law enforcement and the truth in detriment of V1, V2, and V3, missing personnel and their families, in Paracho, Michoacán. RECOMMENDATION No. 59/2018 November 15, 2018 Recomendaciones/2018/Rec_2018_059.pdf INDEX 11 New Age, No. 309 Recommendations Responsible Authority Issue Recommendation Federal Commission of Econo- mic Competition On the case of violations of human rights to legal security, legality and due process, in detriment of V1 and V2. RECOMMENDATION No. 60/2018 November 21, 2018 Recomendaciones/2018/Rec_2018_060. pdf Responsible Authority Issue Recommendation General Directorate of the Mexican Institute of Social Security About the case of violations to the human rights of protection of heal- th and loss of life of 14 newborns, as well as to the right of access to health information of their legal representatives, such as nine more people. The above, due to omissions in the medical staff and inadequate health care in the Regional General Hospital No. 1 of the IMSS, in Culia- cán, Sinaloa. RECOMMENDATION No. 61/2018 November 21, 2018 Recomendaciones/2018/Rec_2018_061.pdf Responsible Authority Issue Recommendation Ministry of Economy, Ministry of Environment and Natural Resources, General Directorate of the Water National Com- mission, Federal Attorney for Environmental Protection, National Commission of Natu- ral Protected Areas, Consti- tutional Government of the State of Coahuila de Zaragoza, General Prosecutor of the State of Coahuila of Zaragoza, Mu- nicipal Presidency of Sabinas, Coahuila de Zaragoza About the case of violations to the human rights of public safety, envi- ronment, adequate housing, health and other human rights, because of the exploitation of coal in the Municipality of Sabinas. RECOMMENDATION No. 62/2018 November 22, 2018. Recomendaciones/2018/Rec_2018_062. pdf INDEX 12 New Age, No. 309 Recommendations Responsible Authority Issue Recommendation México´s City General Attorney, President of the Federal District’s Human Rights Commission About the complaint filed by R1 and R2 against the Federal Dis- trict’s Human Rights Commission, in relation to the violation of the human rights to legal security and to legality against the appellants. RECOMMENDATION No. 63/2018 November 26, 2018 Recomendaciones/2018/Rec_2018_063. pdf Responsible Authority Issue Recommendation Mexico´s City Government, Mexico´s City Superior Court of Justice and Mexico´s City Judiciary Council About the case of violations of the human rights to legal security, personal liberty, due process, to an adequate defense and to the pre- sumption of innocence, as well as to the access to justice in its admi- nistration of justice modality in detriment of V1. RECOMMENDATION No. 64/2018 November 26, 2018. Recomendaciones/2018/Rec_2018_064. pdf Responsible Authority Issue Recommendation Mexican Institute of Social Security About the case of violation to the right of health protection and of a life free of obstetric violence due to inadequate medical care in detriment of V1 and the loss of the product of pregnancy in the gyne- cology-obstetrics hospital 3, of the national medical center “La Raza” of the IMSS, in Mexico City. RECOMMENDATION No. 65/2018 November 30, 2018 Recomendaciones/2018/Rec_2018_065. pdf Responsible Authority Issue Recommendation Government of Chiapas State, General Attorney of Chiapas State About the case of violations of the human rights to self-determination and access to justice, in detriment of the Tseltal Indigenous Commu- nity of the Municipality of Oxchuc, Chiapas. RECOMMENDATION No. 66/2018 November 30, 2018 Recomendaciones/2018/Rec_2018_065. pdf INDEX 13 New Age, No. 309 Recommendations Responsible Authority Issue Recommendation National Security Commission, Deputy General Attorney and International Affairs, in substitution of the General Attorney´s Office. About the case of violation of the human rights to the inviolability of the home, freedom and personal security, as well as personal integrity because of acts of torture, and access to justice in its mode of inadequate enforcement, in detriment of V, in Reynosa Tamaulipas. RECOMMENDATION No. 67/2018 November 30, 2018 Recomendaciones/2018/Rec_2018_067.pdf Responsible Authority Issue Recommendation Ministry of Labor and Social Security; Ministry of Social Development; Ministry of Finance and Public Credit; Presidency of the National Commission of Minimum Wages; Council of Representatives of the National Commission of Minimum Wages; Congress of the Union. About the effect of the amount of the minimum wage, on the dignity of workers and their families, as well as its relationship with the full enjoyment and exercise of their human rights. GENERAL RECOMMENDATION No. 34 /18 November 14, 2018 doc/Recomendaciones/generales/Rec- Gral_034.pdf INDEX 14 New Age, No. 309 Recommendations Responsible Authority Issue Recommendation Presidency of the Republic, Ministry of National Defense, Ministry of the Navy, Ministry of the Public Function, Deputy General´s Attorney and International Affairs, National Security Commission, Executive Commission for Victims, Mexican Institute of Social Security, Institute of Security and Social Services of State Workers, Guerrero´s Government of the, Guerrero´s State General Attorney, Guerrero´s State Ministry of Health, Guerrero´s State Congress, Iguala´s Municipal Presidency, Cocula´s Municipal Presidency, Mexico´s State Government. On the investigation of serious violations of human rights, due to the events that took place on Sep- tember 26 and 27, 2014, in Iguala, Guerrero. RECOMMENDATION BECAUSE OF SERIOUS VIOLATIONS No.15VG/2018 28 de noviembre de 2018 Recomendaciones/ViolacionesGraves/Re- cVG_015.pdf Responsible Authority Issue Recommendation Ministry of National Defense, Deputy General Attorney and International Affairs, General Attorney´s Office On the case of grave violations of the human rights of 9 people because of arbitrary detention, illegal detention and acts of torture by military elements; 2 of the victims for acts of sexual violence and 4 who had the status of military at the time of the events. As well as for the violation of the right of access to justice, for events that occurred in the states of Chiapas, Durango, State of Mexico, Jalisco, Nuevo León and Tamaulipas. RECOMMENDATION BECAUSE OF SERIOUS VIOLATIONS No.16VG/2018 28 de noviembre de 2018 Recomendaciones/ViolacionesGraves/Re- cVG_016.pdf INDEX 15 Article of the month Nueva época, No. 309 Tsunamis took 280,000 million dollars in the last twenty years According to the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), the disaster in Indonesia claimed 2,077 lives, lea- ving more than 1,000 missing. In total, more than 1.5 million people were affected, including 211,000 displaced, with estimated damages of up to 910 mi- llion dollars. Worldwide, the losses from tsunamis are astounding: between 1998 and 2017, more than 250,000 people died and economic costs reached up to 280,000 million dollars. According to the UN Office for Disaster Risk Reduction (UNISDR), the most affected countries have been those in the Indian and Pacific oceans. “Over the past two decades, almost 10% of the eco- nomic losses caused by disasters have been due to tsunamis.” “The World Tsunami Awareness Day is an opportunity to once again emphasize the impor- tance of disaster prevention and preparedness in- cluding early warning, public education, science to better understand and predict tsunamis, and de- velopment that takes into account the risk in seis- mic zones and exposed coastal zones.” This year, World Day focuses on Objective” C “of the Sendai Framework, which aims to reduce economic losses. Racism and xenophobia José María Perceval Nº of pages: 360 Binding: softcover Publishing house: CÁTEDRA Language: Spanish ISBN: 9788437631318 Xenophobia and racism are not “popular” reactions to what we consider different or strange. The above, is the top of the iceberg of the premeditated constructions of leaders and intellectuals who have devised religious, philosophical and, later, pseudoscientific theories to justify discrimination, exploitation and elimination of people and hu- man groups. In the process of xenophobia, there are always specific people with specific interests who have laid the snake´s eggs of subsequent exclu- sionary processes. Crises are the result of their arguments. In this book we will deal with the racialization of groups and co- llectives by these previous interests, ethnocide (repression of cultural forms and the groups that represent them) and genocide (extermina- tion of a group by its belonging, real or invented in the majority if not all cases, to a common genos). Book of the month INDEX

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