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
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