UN HUMAN RIGHTS IN THE FIELD UN HUMAN RIGHTS IN THE FIELD MEXICO Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 130.76 million 1,964,000 km² 0.774 (rank: 74/188 in 2016) Status A, 2016 Type of engagement Country Office Year established 2002 Field office(s) Mexico City UN partnership framework United Nations Development Assistance Framework 2014-2019 Staff as of 31 December 2018 23 Total income US$2,297,003 XB requirements 2018 US$3,315,700 Total XB expenditure US$2,213,229 Personnel Non-personnel PSC† 70% 19% 11% $1,535,770 $423,017 $254,442 Key OMP pillars in 2018 123 † Please refer to Data sources and notes on p.191. The report brought about a dramatic change in criminal procedures and judges began to play a more active role in declaring testimony as inadmissible when it was allegedly obtained through torture. Due to the high profile of the Ayotzinapa case, it is anticipated that the case will resonate with judges in other tribunals. OHCHR has taken steps to build partnerships with the National Mechanism for the Prevention of Torture (NMPT), the Association for the Prevention of Torture and local NGOs to push for changes in the implementation of detention safeguards. In partnership with the NGOs that are involved in enhancing the work of the NMPT, OHCHR co-organized a national workshop on detention safeguards, which also addressed cooperation between the NMPT and local NGOs. During the reporting period, OHCHR sent communications to the NMPT regarding critical situations in places of detention, triggering an immediate response from the Mechanism that led to unannounced prison visits and important findings. KEY PILLAR RESULTS: Together with UN Women, OHCHR hosted the visit of an independent expert from CEDAW and the Committee’s country rapporteur for Mexico’s 2018 review. The visit called for the implementation of CEDAW’s recommendations that were outlined in its concluding observations. It also stressed the need for CSOs to better understand the recommendations and construct strategies for follow-up on their implementation. Participation (P) Accountability (A) A1 – Effective steps have been taken to establish two or more of the following: safeguards during detention, including a registry of detentions; a national mechanism for the prevention of torture; exclusion of illicit evidence. Mexico has adopted a national regulatory framework on the use of force that complies with international human rights standards. The Office contributed to increasing the level of compliance of the implementation of the exclusionary rule and detention safeguards with international human rights norms and standards. 244 UN HUMAN RIGHTS REPORT 2018 through several protocols in five states of the country (Chiapas, Ciudad de México, Estado de México, Jalisco and Veracruz). It also worked on the coordination of the alerts with the National Commission for the Prevention and Eradication of Violence against Women. OHCHR participated in the drafting and follow-up of the workplan for the implementation of the measures dictated by the five alert mechanisms and proposed the creation of a series of human rights indicators for the evaluation of these measures. To this end, the Office worked with victims, CSOs, the federal executive and local authorities from all branches. Spotlights: In 2018, OHCHR advocated before several Mexican tribunals for the compulsory implementation of the exclusionary rule that prohibits the use of evidence obtained through torture. In two workshops with federal judges, the Office presented information regarding the concrete application of the exclusionary rule in accordance with international standards. Also during the year, the Office published a report entitled Doble Injusticia, which deals with the torture of 37 persons who were criminally accused of the disappearance of 43 students from Ayotzinapa. The report had a significant impact on public opinion and in particular on members of the judiciary that are in charge of criminal procedures. Women A3 – Relevant authorities take account of international human rights norms and standards in at least four prosecutions for violence against women, femicide or denial of sexual and reproductive right. The Office contributed to the increased use of international human rights law and jurisprudence on violence against women by providing technical assistance to federal and state gender-based violence alert mechanisms and facilitating a follow-up visit on the implementation of CEDAW’s concluding observations. OHCHR provided technical assistance in relation to gender alerts as a mechanism to combat violence against women P1 – The relevant authorities take effective action to investigate and sanction attacks or reprisals against journalists and human rights defenders (HRDs) in at least 10 per cent of the cases raised by OHCHR-Mexico. journalists in Mexico for authorities in charge of protection, investigations and the international community. OHCHR documented at least 16 cases of reprisals against HRDs and journalists, including bogus accusations, the use of strategic lawsuits against public participation and smear campaigns. OHCHR submitted comments and recommendations to the Federal Special Prosecutor on crimes against freedom of expression, which were included in the adopted Protocol to investigate crimes against journalists. The 33 national institutions that are in charge of these investigations will implement the Protocol. In 2018, the Office of the Federal Special Prosecutor was more active than in previous years, leading to a greater number of convictions than in the past. In 2018, the Federal Special Prosecutor achieved six convictions compared to only four convictions between 2012 and 2017. The Office documented a number of cases of criminalization, developed research on relevant international standards and shared its findings with judicial and executive powers. The campaign that was launched by the Office on the Tlanixco case resulted in the release of defenders unjustly imprisoned for over a decade. The next step is the transformation of that experience into a set of accessible tools for criminalized defenders, civil society, lawyers, public ministries and judges, to support their defence strategies. Mechanisms (M) The Office addressed cases of human rights violations of human rights defenders and journalists with relevant judicial and executive authorities. As a result of improvements in OHCHR’s methodologies, record-keeping and the capacity for rapid responses in cases of violence against HRDs and journalists, the Office has become a key reference regarding human rights violations of HRDs and M1 – By the end of 2021, Mexico has ratified two international or regional human rights treaties and recognized the competence of the Committee on Enforced Disappearances to receive and consider individual communications. As of the end of 2018, Mexico had ratified one international labour convention and Shifts: Global Constituency Prevention signed two Inter-American conventions. More specifically, the Senate of Mexico ratified ILO Convention No. 98 on the Right to Organize and Collective Bargaining Convention. In addition, the Government ratified the Escazú Convention on Access to Information, Participation and Access to Justice, due in part to OHCHR’s advocacy efforts. The Government also signed the Inter-American Convention against All Forms of Discrimination and Intolerance. M3 – The workplans and activities of national and local institutions of the executive, legislative and judiciary, and other relevant actors, have integrated at least four recommendations of the Committee on Economic, Social and Cultural Rights, the Special Rapporteur on the human rights to safe drinking water and sanitation, and related mechanisms. The judiciary references international human rights standards more frequently in its decisions and activities; it does so in cases where the OHCHR has submitted a legal brief. The Office supported several state institutions in improving their compliance with international human rights norms and standards in the areas of adequate housing, economic and social rights and the right to water. During the visit to Mexico of the Special Rapporteur on the right to adequate housing, the Office collaborated with CSO partners to organize a visit to informal/ irregular settlements in Mexico City and Estado de México and to the zones affected by the 2017 earthquakes. The Special Rapporteur included information that was gathered during these field visits in her thematic report. As a result of her visit, the Government and the City of Mexico included strategies and actions on adequate Civic Space UN HUMAN RIGHTS REPORT 2018 245