July 12th, 2002
We are forwarding to you a very important urgent action from SIPAZ concerning the deliberations of the Mexican Supreme Court on the constitutionality of the Indigenous Rights Law passed last year by the Mexican Congress.
These deliberations are taking place in the context of a very conflictive situation in Chiapas and an evident impasse with regard to any possibility of negotiations between the Fox government and the Zapatistas. Scarcely a week passes without reports from the Zapatista autonomous municipalities recounting continued harassment by Mexican army personnel as well as threats and acts of violence by the (still not disbanded) paramilitary groups. Just this week, it has been reported that the Network of Community Human Rights Defenders has appealed to the National Human Rights Commission to investigate the behaviour of the federal army in relation to the indigenous communities of Chiapas.
This very serious situation has been exacerbated by the fact that the formerly independent (in the days of the PRI state governorship and the PRI federal government) social organizations who are now close to the Salazar Mendiguchía government, but who were once on cordial terms with the Zapatistas, have become the beneficiaries of government programmes. This change in their own relationship to government has led these organizations to distance themselves from the Zapatista communities, for whom it is a question of principle not to accept aid from the state and federal governments – until such time as there is a true change in the relations between the Mexican state and Mexican indigenous peoples. (To give an example reported in the Mexican newspaper La Jornada, in one particular case, a Zapatista community and members of one of the formerly independent social organizations had been sharing a plot of land that they had jointly occupied after the 1994 Zapatista uprising. Now that the social organization in question has received a herd of cattle as part of an aid package from the state government, its members have begun to fence this land in order to use it as a cattle pasture. The Zapatista community has opposed the fencing, arguing that the land is shared and that therefore the other organization has no right to fence it. These opposing positions have led to a very serious disagreement between the two groups.) The many social conflicts of this type – some of which turn into actual physical confrontations – are taking place against the background of army and paramilitary activity described above.
What follows is the text that was sent to us by SIPAZ. We apologize for not having an e–mail address for the Supreme Court and trust that you will be able to fax your response to this very important appeal. SIPAZ has sent a model letter in Spanish, which you may wish to use. (For the reference of people who do not read Spanish, they have included an English translation of the letter.)
The Supreme Court is about to pass its judgement regarding more than 300 complaints (called constitutional controversies) filed against the constitutional reform on indigenous matters approved in 2001 by the Mexican Congress and promulgated by the Executive branch. This reform has been rejected by the main indigenous organizations in the country and by the congresses of the states (such as Oaxaca and Chiapas) with higher indigenous population.
Indigenous peoples rejected this reform because it meant a significant limitation in the fundamental right to self determination recognized in the San Andres Accords on Indigenous Rights and Culture. These agreements were signed between the Mexican government and the Zapatista Army of National Liberation (EZLN) in 1996 but were never fulfilled. The proposal draft by the congressional Commission for Agreement and Pacification (Comisión de Concordia y Pacificación, COCOPA) to turn these agreements into law was also not honored by the reform.
The approved reform does not recognize the indigenous peoples and communities as subjects of public law (as established in the COCOPA initiative); it reduces the scope of autonomy to the municipalities, limiting the right to political participation and representation of indigenous peoples; it does not fully recognize the rights of indigenous peoples to their territories and to the natural resources existing within them. For these reasons, it is not congruent with the Convention 169 of the International Labor Organization (ILO) on Indigenous and Tribal Peoples in Independent Countries, ratified by Mexico.
The complaints against the reform were filed before the Supreme Court by indigenous authorities and municipalities from the Mexican states of Puebla, Guerrero, Oaxaca, Tabasco, Veracruz, Morelos, and Chiapas, and by other authorities like the Congress and the Governor of Oaxaca. The legal arguments are basically two:
The imminent resolution of the Supreme Court concerning the constitutional controversies may have an historical significance for both the indigenous peoples as well as the Mexican society as a whole. The highest judicial body has in its hands the opportunity to make justice by listening to the demands of the indigenous peoples or to legitimate the constitutional reform made behind the backs of its supposed beneficiaries.
Also, a favorable resolution by the Supreme Court would mean a strengthening of democratic institutions, insofar as the Judicial power would fulfill its duty to watch over the Legislative power, making sure that its actions comply with the Constitution.
Finally, a resolution by the Supreme Court declaring the unconstitutionality of the reform would be equally important for the possibilities of resuming the peace process in Chiapas and therefore opening the road towards a peaceful outcome of the conflict. (SJC Comment: It should be noted that one of the pre–conditions set by the Zapatistas for entering into negotiations with the Fox government was the passing into law of the COCOPA draft bill based on the San Andres Accords – the so–called COCOPA proposal. Although President Fox did go so far as to submit the COCOPA proposal to Congress, he made very little effort actually to defend the proposal against strong opposition from legislators from his own party (National Action – the PAN). In the end, he gave his approval to the very inadequate law that was passed by Congress. Since then his comments have varied – depending it appears upon his audience – from saying what a good law it is to saying that it does need a little modifying. ) On the other hand, the legitimization of the reform could mean for many people the failure of legal and peaceful ways.
For these reasons, International Service for Peace (SIPAZ) urges you to address the ministers of the Supreme Court to express them respectfully the hope of the international community that
Honorables Ministros de la Suprema Corte de Justicia de la Nación
Suprema Corte de Justicia de la Nación – Controversias Constistucionales
Tel: (+ 52)– 55 55 22 15 00
Fax: (+ 52) 55 51 30 16 50 or (+ 52) 55 55 22 44 45
Pino Suárez # 2
Col. Centro, Delegación Cuauhtémoc
México D.F – México
(Taken from the Urgent Action of the Miguel Agustín Pro Ju´rez Human Rights Center, May, 2002)
The struggle of the indigenous peoples for the recognition of their rights has been long and hard, since their historical demands have not been heard and they have been systematically excluded by the State.
Since the Zapatista uprising in January 1994, the indigenous peoples have raised their voices before the three powers of the State with the same goal: the recognition of their collective rights. In 1996 the EZLN, in representation of and in agreement with numerous indigenous organizations signed the San Andres Accords along with the federal executive power. These Accords were translated into a legislative draft by the COCOPA. This initiative was supported by the indigenous peoples but modified by the Executive power, which failed to comply with the commitment acquired with the signing of the Accords, and disregarded the main demands of the indigenous peoples. This caused the peace talks with the EZLN to completely break down at the end of 1996.
In March of 2001, the indigenous peoples made their demands heard at the National Congress through the EZLN commanders, who met with legislators in Mexico City, urging them to approve the COCOPA initiative. Contrary to civil society’s demand, the bill approved on the 25th of April by the Senate and on the 28th of the same month by the House of Deputies differs greatly from the COCOPA proposal and even more from the San Andres Accords. This bill was afterwards approved by 19 state congresses, and on the 18th of July the Permanent Commission of the federal Congress counted the votes and declared the bill fully approved. It was published in the Official Journal of the Federation on August 14th, becoming an official constitutional reform.
The publication of the reform by the Executive power was done with complete disregard for the many irregularities committed in the legislative procedures of the federal and state congresses, and the fact that the congresses of Yucatan and Tamaulipas had not even submitted their vote when the counting was done. Because of this, indigenous municipal authorities and communities, political parties and unions, in coordination with indigenous and civil organizations, filed different legal actions against the reform (including more than 300 constitutional controversies).
Honorables Ministros
Suprema Corte de Justicia de la Nación
Presentes.
De nuestra mayor consideración:
Nos dirigimos a Uds. con motivo de los fallos que próximamente la Suprema Corte de Justicia de la Nación dictará sobre las controversias constitucionales presentadas por las autoridades y municipios indígenas contra la Reforma Constitucional en Materia de Derechos y Cultura Indígena aprobada el año pasado por el Congreso de la Unión y promulgada por el Poder Ejecutivo.
Los pueblos indígenas de México han luchado históricamente por el reconocimiento de sus derechos colectivos. Después del levantamiento indígena de 1994, han acudido al Poder Ejecutivo y posteriormente al Legislativo a fin de que fueran escuchadas y atendidas sus demandas. Ahora han recurrido al máximo órgano del Poder Judicial para reclamar justicia ante una reforma constitucional que limita seriamente sus derechos y que fue aprobada al margen de toda información y consulta a los directamente involucrados.
Al recurrir a la SCJN con argumentos y pruebas contundentes, los pueblos indígenas están mostrándole al resto de la sociedad civil mexicana que es posible utilizar la institucionalidad del Estado para plantear inconformidades por la aprobación de leyes o reformas constitucionales violatorias de derechos y por actos de autoridad que no se apegan a la legalidad.
La comunidad internacional ha seguido con interés y expectativa este proceso, que puede contribuir al fortalecimiento de las instituciones democráticas en México, al mismo tiempo que representa una esperanza para la posibilidad de reanudar el proceso de paz tendiente a una solución del conflicto en Chiapas.
Confiamos en que la Suprema Corte, como instancia competente para velar por la constitucionalidad y legalidad de los actos de los demás poderes del Estado democrático y de su congruencia con los compromisos internacionales asumidos por éste, así como para responder a las demandas de justicia de la ciudadanía mexicana:
Nombre
Organización
Lugar
(TRANSLATION)
Honorable Ministers
Supreme Court of Justice of the Nation
Present
We address you regarding the resolutions that the Supreme Court of Justice of the Nation will pass regarding the constitutional controversies filed by indigenous authorities and municipalities against the Constitutional Reform on Indigenous Rights and Culture, which was approved by the federal Congress and promulgated by the Executive power.
The indigenous peoples of Mexico have historically struggled for the recognition of their collective rights. After the indigenous uprising of 1994, they have appealed to the Executive and subsequently to the Legislative powers, in order to have their demands heard and met. Now they have appealed to the highest body of the Judicial power to claim justice in face of a constitutional reform that seriously limits their rights, and that was approved without providing any information to or consulting those who will be directly affected.
By addressing the SCJN with strong arguments and evidence, the indigenous peoples are showing to the rest of Mexican civil society that it is possible to use the institutional system of the State to present their complaints regarding the approval of laws that violate their rights, and against authoritative acts that do not respect the legal procedures.
The international community has followed this process with deep interest, and with the expectation that it may contribute to the strengthening of democratic institutions in Mexico, as well as to resuming the peace process that may lead to a positive outcome to the conflict in Chiapas.
We trust that the Supreme Court, as the competent institution to respond to the demands for justice by the Mexican citizenship as well as to watch over the constitutionality and legality of the acts of the other powers in a democratic State, and their congruence with international commitments assumed by it,
Name
Organization
Place
THE SUPREME COURT OF MEXICO PREPARES TO MAKE A HISTORIC DECISION REGARDING THE RIGHTS OF MEXICO'S INDIGENOUS PEOPLES
We are forwarding to you a very important urgent action from SIPAZ concerning the deliberations of the Mexican Supreme Court on the constitutionality of the Indigenous Rights Law passed last year by the Mexican Congress.
These deliberations are taking place in the context of a very conflictive situation in Chiapas and an evident impasse with regard to any possibility of negotiations between the Fox government and the Zapatistas. Scarcely a week passes without reports from the Zapatista autonomous municipalities recounting continued harassment by Mexican army personnel as well as threats and acts of violence by the (still not disbanded) paramilitary groups. Just this week, it has been reported that the Network of Community Human Rights Defenders has appealed to the National Human Rights Commission to investigate the behaviour of the federal army in relation to the indigenous communities of Chiapas.
This very serious situation has been exacerbated by the fact that the formerly independent (in the days of the PRI state governorship and the PRI federal government) social organizations who are now close to the Salazar Mendiguchía government, but who were once on cordial terms with the Zapatistas, have become the beneficiaries of government programmes. This change in their own relationship to government has led these organizations to distance themselves from the Zapatista communities, for whom it is a question of principle not to accept aid from the state and federal governments – until such time as there is a true change in the relations between the Mexican state and Mexican indigenous peoples. (To give an example reported in the Mexican newspaper La Jornada, in one particular case, a Zapatista community and members of one of the formerly independent social organizations had been sharing a plot of land that they had jointly occupied after the 1994 Zapatista uprising. Now that the social organization in question has received a herd of cattle as part of an aid package from the state government, its members have begun to fence this land in order to use it as a cattle pasture. The Zapatista community has opposed the fencing, arguing that the land is shared and that therefore the other organization has no right to fence it. These opposing positions have led to a very serious disagreement between the two groups.) The many social conflicts of this type – some of which turn into actual physical confrontations – are taking place against the background of army and paramilitary activity described above.
What follows is the text that was sent to us by SIPAZ. We apologize for not having an e–mail address for the Supreme Court and trust that you will be able to fax your response to this very important appeal. SIPAZ has sent a model letter in Spanish, which you may wish to use. (For the reference of people who do not read Spanish, they have included an English translation of the letter.)
FOR THE RIGHTS OF THE INDIGENOUS PEOPLES OF MEXICO
In the coming weeks Mexico's Supreme Court of Justice (SCJN) will make an important decision concerning the recognition of the rights of the indigenous peoples of Mexico and the future of the peace process in Chiapas.The Supreme Court is about to pass its judgement regarding more than 300 complaints (called constitutional controversies) filed against the constitutional reform on indigenous matters approved in 2001 by the Mexican Congress and promulgated by the Executive branch. This reform has been rejected by the main indigenous organizations in the country and by the congresses of the states (such as Oaxaca and Chiapas) with higher indigenous population.
Indigenous peoples rejected this reform because it meant a significant limitation in the fundamental right to self determination recognized in the San Andres Accords on Indigenous Rights and Culture. These agreements were signed between the Mexican government and the Zapatista Army of National Liberation (EZLN) in 1996 but were never fulfilled. The proposal draft by the congressional Commission for Agreement and Pacification (Comisión de Concordia y Pacificación, COCOPA) to turn these agreements into law was also not honored by the reform.
The approved reform does not recognize the indigenous peoples and communities as subjects of public law (as established in the COCOPA initiative); it reduces the scope of autonomy to the municipalities, limiting the right to political participation and representation of indigenous peoples; it does not fully recognize the rights of indigenous peoples to their territories and to the natural resources existing within them. For these reasons, it is not congruent with the Convention 169 of the International Labor Organization (ILO) on Indigenous and Tribal Peoples in Independent Countries, ratified by Mexico.
The complaints against the reform were filed before the Supreme Court by indigenous authorities and municipalities from the Mexican states of Puebla, Guerrero, Oaxaca, Tabasco, Veracruz, Morelos, and Chiapas, and by other authorities like the Congress and the Governor of Oaxaca. The legal arguments are basically two:
- the irregularities committed by federal and state legislators concerning the procedure for approval of the reform, which was not done in accordance to what is established by the federal Constitution nor by internal regulations of each state congress;
- the fact that the indigenous peoples were not consulted about this reform which affects them directly, resulting in a violation of article 6th of the Convention 169 of the ILO.
The imminent resolution of the Supreme Court concerning the constitutional controversies may have an historical significance for both the indigenous peoples as well as the Mexican society as a whole. The highest judicial body has in its hands the opportunity to make justice by listening to the demands of the indigenous peoples or to legitimate the constitutional reform made behind the backs of its supposed beneficiaries.
Also, a favorable resolution by the Supreme Court would mean a strengthening of democratic institutions, insofar as the Judicial power would fulfill its duty to watch over the Legislative power, making sure that its actions comply with the Constitution.
Finally, a resolution by the Supreme Court declaring the unconstitutionality of the reform would be equally important for the possibilities of resuming the peace process in Chiapas and therefore opening the road towards a peaceful outcome of the conflict. (SJC Comment: It should be noted that one of the pre–conditions set by the Zapatistas for entering into negotiations with the Fox government was the passing into law of the COCOPA draft bill based on the San Andres Accords – the so–called COCOPA proposal. Although President Fox did go so far as to submit the COCOPA proposal to Congress, he made very little effort actually to defend the proposal against strong opposition from legislators from his own party (National Action – the PAN). In the end, he gave his approval to the very inadequate law that was passed by Congress. Since then his comments have varied – depending it appears upon his audience – from saying what a good law it is to saying that it does need a little modifying. ) On the other hand, the legitimization of the reform could mean for many people the failure of legal and peaceful ways.
For these reasons, International Service for Peace (SIPAZ) urges you to address the ministers of the Supreme Court to express them respectfully the hope of the international community that
- they will respect the right of indigenous peoples to a fair legal process, analyzing and appraising the evidence and arguments presented by them;
- they will resolve the constitutional controversies taking into account the legitimate demands stated by the indigenous peoples as well as the commitments taken on by the Mexican government in the San Andres Accords and the international legal obligations derived from Convention 169 of the ILO.
SEND YOUR MESSAGES AS SOON AS POSSIBLE TO
Honorables Ministros de la Suprema Corte de Justicia de la Nación
Suprema Corte de Justicia de la Nación – Controversias Constistucionales
Tel: (+ 52)– 55 55 22 15 00
Fax: (+ 52) 55 51 30 16 50 or (+ 52) 55 55 22 44 45
Pino Suárez # 2
Col. Centro, Delegación Cuauhtémoc
México D.F – México
BACKGROUND INFORMATION
(Taken from the Urgent Action of the Miguel Agustín Pro Ju´rez Human Rights Center, May, 2002)
The struggle of the indigenous peoples for the recognition of their rights has been long and hard, since their historical demands have not been heard and they have been systematically excluded by the State.
Since the Zapatista uprising in January 1994, the indigenous peoples have raised their voices before the three powers of the State with the same goal: the recognition of their collective rights. In 1996 the EZLN, in representation of and in agreement with numerous indigenous organizations signed the San Andres Accords along with the federal executive power. These Accords were translated into a legislative draft by the COCOPA. This initiative was supported by the indigenous peoples but modified by the Executive power, which failed to comply with the commitment acquired with the signing of the Accords, and disregarded the main demands of the indigenous peoples. This caused the peace talks with the EZLN to completely break down at the end of 1996.
In March of 2001, the indigenous peoples made their demands heard at the National Congress through the EZLN commanders, who met with legislators in Mexico City, urging them to approve the COCOPA initiative. Contrary to civil society’s demand, the bill approved on the 25th of April by the Senate and on the 28th of the same month by the House of Deputies differs greatly from the COCOPA proposal and even more from the San Andres Accords. This bill was afterwards approved by 19 state congresses, and on the 18th of July the Permanent Commission of the federal Congress counted the votes and declared the bill fully approved. It was published in the Official Journal of the Federation on August 14th, becoming an official constitutional reform.
The publication of the reform by the Executive power was done with complete disregard for the many irregularities committed in the legislative procedures of the federal and state congresses, and the fact that the congresses of Yucatan and Tamaulipas had not even submitted their vote when the counting was done. Because of this, indigenous municipal authorities and communities, political parties and unions, in coordination with indigenous and civil organizations, filed different legal actions against the reform (including more than 300 constitutional controversies).
LETTER TO BE SENT TO THE SUPREME COURT OF JUSTICE OF MEXICO (English version follows):
Honorables Ministros
Suprema Corte de Justicia de la Nación
Presentes.
De nuestra mayor consideración:
Nos dirigimos a Uds. con motivo de los fallos que próximamente la Suprema Corte de Justicia de la Nación dictará sobre las controversias constitucionales presentadas por las autoridades y municipios indígenas contra la Reforma Constitucional en Materia de Derechos y Cultura Indígena aprobada el año pasado por el Congreso de la Unión y promulgada por el Poder Ejecutivo.
Los pueblos indígenas de México han luchado históricamente por el reconocimiento de sus derechos colectivos. Después del levantamiento indígena de 1994, han acudido al Poder Ejecutivo y posteriormente al Legislativo a fin de que fueran escuchadas y atendidas sus demandas. Ahora han recurrido al máximo órgano del Poder Judicial para reclamar justicia ante una reforma constitucional que limita seriamente sus derechos y que fue aprobada al margen de toda información y consulta a los directamente involucrados.
Al recurrir a la SCJN con argumentos y pruebas contundentes, los pueblos indígenas están mostrándole al resto de la sociedad civil mexicana que es posible utilizar la institucionalidad del Estado para plantear inconformidades por la aprobación de leyes o reformas constitucionales violatorias de derechos y por actos de autoridad que no se apegan a la legalidad.
La comunidad internacional ha seguido con interés y expectativa este proceso, que puede contribuir al fortalecimiento de las instituciones democráticas en México, al mismo tiempo que representa una esperanza para la posibilidad de reanudar el proceso de paz tendiente a una solución del conflicto en Chiapas.
Confiamos en que la Suprema Corte, como instancia competente para velar por la constitucionalidad y legalidad de los actos de los demás poderes del Estado democrático y de su congruencia con los compromisos internacionales asumidos por éste, así como para responder a las demandas de justicia de la ciudadanía mexicana:
- en el marco del respeto al debido proceso, analizará y valorará las pruebas y alegatos presentados por los municipios indígenas, los cuales han demostrado la existencia de vicios durante el proceso de aprobación de la Reforma Constitucional en Materia de Derechos y Cultura Indígenas;
- actuará con independencia, imparcialidad y ecuanimidad, tal como lo ha hecho en las últimas resoluciones dictadas, resolviendo las controversias constitucionales de manera favorable a los municipios indígenas, sentando así un precedente fundamental para iniciar una nueva relación entre el Estado mexicano y sus pueblos indígenas, donde éstos puedan ser verdaderamente sujetos de derechos y contribuir al fortalecimiento y profundización de la democracia.
Nombre
Organización
Lugar
(TRANSLATION)
Honorable Ministers
Supreme Court of Justice of the Nation
Present
We address you regarding the resolutions that the Supreme Court of Justice of the Nation will pass regarding the constitutional controversies filed by indigenous authorities and municipalities against the Constitutional Reform on Indigenous Rights and Culture, which was approved by the federal Congress and promulgated by the Executive power.
The indigenous peoples of Mexico have historically struggled for the recognition of their collective rights. After the indigenous uprising of 1994, they have appealed to the Executive and subsequently to the Legislative powers, in order to have their demands heard and met. Now they have appealed to the highest body of the Judicial power to claim justice in face of a constitutional reform that seriously limits their rights, and that was approved without providing any information to or consulting those who will be directly affected.
By addressing the SCJN with strong arguments and evidence, the indigenous peoples are showing to the rest of Mexican civil society that it is possible to use the institutional system of the State to present their complaints regarding the approval of laws that violate their rights, and against authoritative acts that do not respect the legal procedures.
The international community has followed this process with deep interest, and with the expectation that it may contribute to the strengthening of democratic institutions in Mexico, as well as to resuming the peace process that may lead to a positive outcome to the conflict in Chiapas.
We trust that the Supreme Court, as the competent institution to respond to the demands for justice by the Mexican citizenship as well as to watch over the constitutionality and legality of the acts of the other powers in a democratic State, and their congruence with international commitments assumed by it,
- within the framework of the respect to a due process, will analyze and appraise the evidence and allegations presented by indigenous municipalities, which have proved the existence of vices during the process of approval of the Constitutional Reform on Indigenous Rights and Culture;
- will act with independence, impartiality and equanimity, as it has done in its recent resolutions, and resolve the constitutional controversies in favor of the rights of indigenous peoples. And thus, it will establish a fundamental precedent to initiate a new relationship between the Mexican State and its indigenous peoples, where they become citizens that truly enjoy their rights and contribute to the strengthening and deepening of democracy.
Name
Organization
Place