Country Report on Human Rights Practices for 1987
MEXICO
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Mexico is a Federal Republic which has been dominated by the
Institutional Revolutionary Party (PRI) since the party's
founding in 1929. Periodic political reform has expanded the
opposition's role and stake in the political system;
nevertheless, the PRI has maintained its preponderant
political control throughout the Republic by a combination of
voting strength, organizational power, and, as some opposition
parties and observers allege, electoral fraud.
Mexico has a mixed economy, combining elements of domestic
market capitalism with state ownership of major industries
(parastatals) . Through a program of divestiture of some
uneconomic parastatals, the Government is increasing the role
of the private sector in the economy.
The 1917 Constitution stipulates that power be divided among a
bicameral legislature, a judiciary, and an executive. In
Mexico's highly centralized system, however, the President's
powers far outweigh those of the other branches. Despite this
centralization of authority, municipal, state, and federal
police do exercise significant authority in their respective
areas of jurisdiction.
A high degree of individual freedom, regardless of race,
creed, color, or sex, is provided for by the Constitution and
honored in practice. Freedom of association is demonstrated
by the existence of numerous political parties as well as
civic associations. Freedom to pursue private interests and
hold private property is virtually unrestricted for Mexican
citizens
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Mexico is currently experiencing human rights difficulties
principally, but not exclusively, in those areas of law
enforcement involved with drug trafficking. In addition, the
perennial rural conflicts over title to land continue to
result in the deaths of peasants who confront local landowners
and their employees. Abuse of prisoners continues; 91 U.S.
citizens reported physical mistreatment by prison authorities.
Human rights abuses persist in a number of areas, and, although
the Government states that it has taken steps to improve
respect for human rights. Amnesty International has continued
to express concern about mistreatment and torture of prisoners.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
In Mexico's rural states, especially Oaxaca, Chiapas, Veracruz,
Hidalgo, and Guerrero, disputes over land title continue to
take place, and violence sometimes occurs. The Federal
Government is continuing its efforts to curb such violence.
Attorneys general from the various states meet frequently with
national law enforcement and secretariat of government
officials to pursue this goal, but violations continue
nonetheless. Paramilitary bands and police controlled by
local political bosses (caciques) and landowners are often
accused of oppressing and even murdering peasant activists.
Peasant organizations charge that at least 123 peasants were
killed in confrontations in the first 7 months of 1987.
Similar charges have come not only from independent peasant
organizations, but also from the PRI-af filiated National
Confederation of Peasants (CNC) . The independent groups
attribute the killings to persons employed by local landed
political bosses, as well as to members of the CNC and to the
local police. For its part, the CNC blames fatalities in its
ranks on independent unions encouraged, it says, by leftist
political activists. Others, however, suggest that most CNC
casualties stem from internal CNC power struggles.
Rafael Caro Quintero, Ernesto Fonseca Carrillo, and more than
60 other individuals accused of involvement in the kidnaping
and murder of U.S. Drug Enforcement Agency (DEA) agent Enrique
Camarena remain in jail as Mexican state and federal courts
consider the cases against these suspects. Progress in these
trials has been slowed by the submission of procedural appeals
which must be adjudicated prior to the other proceedings. In
the interim, investigative work continues into a possible
relationship between Camarena "s murder and the 1984
disappearance of five U.S. citizens and a legal permanent
resident, thought to have been mistaken by Caro Quintero
associates for DEA agents.
b. Disappearanceppearance
According to the Committee in Defense of Prisoners, the
Persecuted, Disappeared Persons and Political Exiles of
Mexico, a Mexican human rights organization, their records
show a total of 543 disappeared persons in Mexico. The
Committee claims that during the administration of President
Miguel de la Madrid, there have been 24 disappearances of
persons whose whereabouts remain unknown, with 3 having
allegedly disappeared in 1987. The three known incidents
are: Gabriel Fernando Valles Martinez, a judicial police
commander who disappeared in Durango in February; Juan Ramon
Vasquez , a peasant leader who disappeared in rural Oaxaca in
May; and Antonio Alcala Alba, a union leader and professor who
disappeared in Mexico City in June. Human rights activists
accuse military and police authorities of responsibility in
two of the three cases of disappeared persons which have
occurred this year.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishmenture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by the Constitution, and according to a
July 1987 executive decree, Mexico intends to adhere to the
Inter-American Convention for the Prevention of Torture, which
bans the use of torture by government officials or police.
Nevertheless, human rights organizations continue to charge
that law enforcement officials employ psychological and
physical abuse, most often in the period immediately following
arrest and especially during interrogation.
Six former Mexican police officials have been incarcerated in
connection with the August 1986 torturing of DEA Agent Victor
Cortez. A court in Guadalajara is now proceeding with its
consideration of their case. One other former policeman
charged in the case has, thus far, eluded apprehension.
The Attorney General of Mexico has stated that the use of
torture to extract confessions is an illegal and unacceptable
substitute for investigative work. Furthermore, the
Administration continues to recruit new personnel into the
various police forces and is emphasizing education and
training in legitimate investigative skills. In addition, the
Attorney General's office has contracted with human rights
organizations to provide courses designed to sensitize law
enforcement personnel to the need to respect human rights.
The use of torture and the subjection of prisoners to inhumane
treatment is still reported. For example, the Sinaloa
Federation of Lawyers charged in September that the Federal
District Attorney's Office in Mazatlan maintains illegal
detention and torture cells. The local commander of the
Mexican Federal Judicial Police (MFJP) denied the use of
torture but admitted that the MFJP maintained cells for the
detention of dangerous suspects.
Human rights activists and media accounts allege that in May
two inmates of the San Luis Potosi State Prison were murdered
by an assassination squad of inmates operating under orders of
the prison administration. The two men had reportedly led
protests against the prison authorities for embezzlement and
brutality. In what is seen as a partial response to the San
Luis Potosi incident, the Chamber of Deputies is considering
establishment of a special subcommittee on human rights that
would inspect Mexican prisons and propose reforms.
Since publication of the last human rights report, the U.S.
Embassy in Mexico City lodged formal diplomatic protests with
the Mexican Government regarding 16 American citizens who
alleged that they had been mistreated while in the custody of
various Mexican law enforcement agencies. The Mexican
Government has responded to only 2 protest cases, although
officials claim to be investigating all 16 cases. In 75 other
cases, American citizens reported that they had been
physically mistreated by Mexican authorities but asked that
the Embassy not protest.
The U.S. Embassy has noted an increase in the incidence of
mistreatment in the State of Sonora. In the first six months
of 1987, 12 American citizens claimed that MFJP officers in
the state had inflicted various forms of torture on them.
Forms of mistreatment reported include forcing of soda water
up the nose, electric shock to various parts of the body, and
beatings. The Embassy strongly protested such treatment but
has never received a satisfactory response from the Mexican
Government. Apparently the MFJP has launched an internal
investigation and several MFJP employees have been fired.
d. Arbitrary Arrest, Detention, Exile or Forced Laborrary Arrest, Detention, Exile, or Forced Labor
Mexican citizens have the right to seek restraining orders and
to make appeals ("amparo"), a constitutional protection
provided against "coercive and abusive acts of authority."
Incidents of arbitrary arrest and imprisonment occur most
frequently in criminal cases. In a recent reform of the
restraining order/appeal system, certain categories of persons
are automatically granted such petitions.
Human rights activists report there are currently 150
political prisoners in the country, the majority of whom were
arrested in disputes over land titles, and that some of these
prisoners have been held for extended periods of time. In
many such cases, especially those involving land tenure,
persons termed political prisoners are, according to the
Government, actually guilty of common crimes, such as
terrorism, criminal association, and damage to property. The
Government has consistently denied that it holds political
prisoners
.
Despite legal prohibitions against forced or compulsory labor,
there are reports that, in remote areas where illegal drugs
are cultivated, peasants and indigenous peoples have been
forced to labor for drug traffickers.
e. Denial of Fair Public Trial of Fair Public Trial
Under the Constitution, trial and sentencing must be completed
within 12 months of arrest for crimes that would carry at
least a 2-year sentence. Despite efforts to adhere to the
constitutional requirements, this standard is often not met
because of delays caused by cumbersome court procedures and
case backlogs.
In September the President proposed to the Congress 30 reforms
to the Federal Penal Code intended to broaden the rights of
the accused. Among the most important reforms would be
speedier trials and more careful examination of charges before
formal indictments are handed down.
The political opposition complains that with judges serving in
office under renewable appointments, the Judiciary is dependent
on the executive branch. The Government denies that personal
political beliefs have any bearing on the impartial
administration of justice. However, factors such as low pay
for judges and law enforcement officials and high caseloads
contribute to the alleged corruption in the judicial system.
Trial is by judge, not jury, in nearly all criminal cases.
Defendants have a right to counsel, and public defenders are
available.
f. Arbitrary Interference with Privacy, Family, Home or Correspondencerary Interference with Privacy, Family, Home, or
Correspondence
Article 16 of the Constitution provides for the privacy of
individuals. Although the Government generally does not
intrude on this right and search warrants are required by law,
opposition political figures believe their movements are
monitored. In conflicts over land titles, peasants and urban
squatters have charged that local landowners, accompanied by
police, have entered their homes without appropriate judicial
orders, and that these incidents are sometimes accompanied by
violence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Pressof Speech and Press
Freedom of speech and freedom of the press are provided for by
the Constitution. During the course of the current
Administration, the Government has tolerated much direct
public criticism and boldly written press articles have
appeared. Mexico's press is a primary source for reporting
allegations of human rights violations.
According to the media, during 1987 several journalists died
violently or under suspicious circumstances. Retaliation for
coverage of local problems may have been a motive in their
deaths. In addition, four incidents of assault against
journalists have been brought to the public's attention. For
example, Oscar Santiago Crisanti, a reporter for the newspaper
El Mundo de Tampico, was shot and severely wounded in March,
shortly after he accused municipal police of having hired
known criminals.
b. Freedom of Peaceful Assembly and Associationof Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly
for any lawful purpose. A government permit is generally
required for major demonstrations. Within the Federal
District, opposition political groups as well as peasant and
indigenous organizations are allowed frequent access both to
main boulevards and to the city's large central square for
their demonstrations. In rare instances, unauthorized
marches, sit-ins, and other forms of protest are broken up
forcibly by police and security forces, especially in areas
outside the capital.
Basic trade union, worker, and employee rights are protected
under Mexican law. The rights of workers to organize trade
unions, to bargain collectively, and to strike are provided
for under Article 123 of the Constitution.
Mexico has a multiplicity of trade union organizations, most
but not all of which are affiliated with the PRI . By far the
largest of these are the Mexican Workers Confederation (CTM)
and the Federation of Government Workers Unions (FSTSE) , which
includes most government workers. The CTM and FSTSE, as well
as smaller federations and independent but PRI-af filiated
unions, all belong to a loose, umbrella-like labor organization
known as the Congress of Labor. Independent unions outside
the Congress of Labor, some with a conservative orientation
and others of a pronounced leftist or radical orientation,
also exist. The majority of organized peasants belong to the
PRI-af filiated National Confederation of Peasants (CNC)
.
Unions in Mexico are permitted to maintain relations with
recognized international bodies. The CTM is affiliated with
the International Confederation of Free Trade Unions (ICFTU)
and is a leading member of the ICFTU' S Inter-American Regional
Organization of Workers (ORIT) , which is headquartered in
Mexico City. The CTM always provides the Mexican worker
delegate to the International Labor Organization.
A number of Congress of Labor independent unions are also
affiliated with various international trade secretariats. The
Communist-controlled World Federation of Trade Unions regional
inter-American organization maintains its headquarters in
Mexico City.
c. Freedom of Religionof Religion
Under the Constitution, individuals are free to practice the
religion of their choice. However, no religious body has
legal standing. The Constitution prohibits the clergy from
participating in politics, voting, owning real estate, or
wearing religious garb in public. Some of these prohibitions
are not strictly enforced; neither is a constitutional
restriction against preuniversity religious schools, many of
which exist.
Mexico is predominantly Roman Catholic. Protestant, Mormon,
Jewish, and other religious communities also exist and are
free to practice their forms of worship. Protestant
evangelists and Mormons, principally from outside Mexico, are
active and especially successful in certain rural, largely
indigenous communities. Some critics have stated that the
Government is selectively enforcing the anticlerical laws to
favor the predominant Roman Catholic Church. Other critics
have asserted that, in some outlying areas, the laws are not
being enforced against evangelical activities in order to
reduce the influence of the Catholic Church.
A change in the Federal Electoral Code in 1986 subjects clergy
to large fines and even imprisonment if they are found guilty
of inducing the electorate to vote for or act against a
candidate or fomenting abstention and disorder. There are
indications the Chamber of Deputies may review the Code during
the current legislative session.
Catholic and private educators have criticized the Government
for forcing them to use government-mandated textbooks in
religious and private schools. Critics have complained of the
textbooks' treatment of businessmen and free enterprise.
d. Freedom of Movement Within the Country, Foreignof Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within and outside the country is
unrestricted, except for some areas along the Guatemalan
border which have been closed to the public by the military
due to unsettled conditions. Mexico has about 40,000
Guatemalan refugees who reside in camps in southeast Mexico.
Some 800 Guatemalans voluntarily repatriated from Mexico in
1987. There have been no reports of forcible repatriation of
refugees
.
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
Since 1929, Mexico has been ruled by the PRI . To secure its
continuance in power, the PRI has relied on extensive public
patronage, massive government and party organizational
resources, and, some opposition parties charge, electoral
fraud in those contests where developed opposition party
strength exists. Nevertheless, a total of nine political
parties enjoy representation in the Chamber of Deputies.
The President and senators are elected for 6-year terms. The
1986 Electoral Reform Law directs that one-half of the
nation's Senators be elected every 3 years. Deputies are
elected for 3-year terms, during the election of the President
and, thereafter, midway through the presidential term. State
governors are elected for 6-year terms, with elections
staggered in the various states throughout the course of the
presidential term. Members of the unicameral state
legislatures and all mayors are elected for 3-year terms.
These elections are also staggered and, by law, no one may be
reelected to the same office.
Both Mexican and foreign journalists, as well as opposition
parties, charged the PRI with electoral fraud in several 1987
elections. Criticism of government electoral practices has
generally come from the center-right National Action Party
(PAN), though leftist opposition parties have recently joined
in such denunciations. In the 1987 State of Mexico elections,
the PAN accused the PRI of fielding a gubernatorial candidate
who did not meet residency requirements. It also claimed that
the PRI engaged in such irregularities as purchasing votes
with food coupons, stuffing ballot boxes, and intimidating
voters and opposition party poll watchers. In both Mexico and
Hidalgo states, such practices are alleged to have contributed
to voter apathy and high rates of electoral abstention.
Hidalgo's largely rural population and poor communications may
also have been factors. The Government has on occasion
reversed electoral devisions where fraud has been alleged, and
has admitted that the electoral system is an imperfect one
which could and should be improved.
Opposition parties are guaranteed access to the public media,
and seats in the state and federal legislatures are reserved
for them. However, the opposition charges that access to the
media is highly unbalanced given the day-to-day exposure which
the PRI receives. The July 1988 general elections will be held
under a new federal election code passed in December 1986.
New procedures to be followed were designed to provide for the
presence at polling stations of representatives from all
political parties, as well as independent poll watchers.
Also, the number of seats reserved for minority parties in the
Chamber of Deputies has been increased from 100 to 150, with
the total number of seats in the Chamber increasing from 400
to 500.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government allows both domestic and international human
rights groups to operate in Mexico without restrictions or
harassment and has promised full cooperation with efforts by
Amnesty International (AI) to monitor human rights violations
in Mexico. Various ranking Mexican officials have met with AI
representatives, domestic human rights activists, and others
to discuss allegations of human rights violations. The
Government has publicly committed itself to periodic
inspection by human rights organizations and has pledged its
complete cooperation with any such investigations. In its
1987 Report, AI indicated that it had received detailed
documents from the Mexican Government in response to its
concerns about human rights violations in Mexico.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
.
Mexico takes pride in its Spanish and Indian origins and in
the success the country has achieved in fostering a climate of
racial harmony. Indigenous groups, many of which do not speak
Spanish, are encouraged to participate in political life, and
the Government is respectful of the desire of these groups to
retain elements of their traditional lifestyle. That these
groups remain largely outside the country's political and
economic mainstream is not the result of conscious policy, but
rather the result of historical patterns of economic and
social development.
Religious discrimination is generally nonexistent except for
sanctions contained in the Constitution barring the clergy
from participating in politics, voting, owning real estate,
and wearing religious garb in public.
The role of women in Mexican society is in transition, and
women are beginning to move into areas traditionally reserved
for men. The number of women's action groups is increasing
and they are aggressively promoting women's issues over a
broad front. Nevertheless, although women comprise
approximately 29 percent of the work force, they continue to
work predominantly in nonsupervisory jobs. By law the ideal
of equal pay for equal work is mandated. However, in practice
a wage disparity exists between work traditionally performed
by women and work traditionally performed by men. The PRI
emphasizes publicly the need to increase the role of women in
the political process. One of the nation's 31 governors is a
woman, 7 of 64 senators are women, and 43 of the 400 member
Chamber of Deputies are women, an increase of 8 over the
previous legislature.
Men and women are equal in principle under Mexican law. Women
have the right to file for separation and divorce. Women can
own property in their own name. There is no restriction
against women traveling without their husbands' permission.
CONDITIONS OF LABOR
Mexican law sets the minimum age for the employment of
children at 14 years; children over 14 but under 16 years of
age may work but are subject to special legal protections and
shorter working hours than adults and cannot be employed in
certain jobs. Child labor laws in Mexico are observed fairly
strictly in medium sized and large manufacturing and
commercial establishments, but less so in small shops and in
such occupations as street vending, where child labor is
difficult to control. Enforcement of labor regulations can be
accomplished through either the Federal Labor Secretariat or
the Federal Conciliation and Arbitration Commission, but is in
fact somewhat spotty.
The law also provides for a minimum wage. Labor's real
purchasing power reportedly has eroded by at least 50 percent
since 1982 even though minimum wage rates are now revised
quarterly. The principle of equal pay for equal work prevails
in the treatment of foreign workers, but preference is given
to Mexicans over foreigners in hiring, and foreigners are not
allowed to form a part of union leadership. The maximum legal
workweek is 48 hours with a maximum workday of 8 hours.
Extensive regulations pertaining to occupational health and
safety exist, but such safety laws are frequently only
minimally observed in practice, particularly in the heavy
industrial sector and in the construction industry
