VZCZCXRO2724
RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #3146/01 2972002
ZNR UUUUU ZZH
R 232002Z OCT 08
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 3678
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE

UNCLAS SECTION 01 OF 02 MEXICO 003146 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KCRM MX PGOV PHUM PREL
SUBJECT: OAXACA: MORE OF THE SAME, LITTLE CHANGE 
 
¶1. (U) Summary: On 7-9 October, Poloff visited Oaxaca state 
and met with a representative from civil society, the 
President of the State Human Rights Commission, and various 
government officials, including Governor Ulises Ruiz.  Two 
years after the unrest in 2006, the rift between human rights 
organizations and Oaxacan officials is still firmly intact 
and few efforts have been made by either side to repair the 
damaged relationship.  Calling attention to the fact that 47 
of the poorest 100 municipalities in Mexico are located in 
Oaxaca, local officials claim budgetary constraints handicap 
their efforts to address human rights.  Despite its financial 
woes, the Oaxacan government has implemented several projects 
through its Plan for Sustainable Development, including an 
economic stimulus initiative, greater social services to 
isolated indigenous communities, and increased public 
security measures. End Summary. 
 
Oaxaca From the Governor's Window 
 
¶2.  (U) Oaxaca State Governor Ulises Ruiz admitted freely 
that Oaxaca was one of the poorest states in the Republic. 
He maintained that despite historical neglect on behalf of 
Oaxaca state officials, his administration sought to 
stimulate the economy and more importantly, to restore the 
tourist industry on which the Oaxacan economy heavily 
depended.  Although he did not highlight any specific 
projects, he made a point to mention that under his 
administration, the government implemented several rural and 
urban development projects.  The biggest challenge to 
consistent development, he lamented, was Oaxaca's diverse 
landscape which made some rural communities difficult to 
access and limited financial resources.  Dr. Elizabeth 
Hernandez Reyes from the State Institute of Indigenous 
Affairs said that since 2005, the government had initiated 
160 rural development projects.  Of this 160, 75 were 
initiated in 2005, 39 in 2006, 28 in 2007 and 28 since 
January of 2008.  Seventy-five percent of the funding for 
these projects, according to Hernandez, was specifically 
targeted at the most affected indigenous areas and included 
economic, social, infrastructure, cultural, communication and 
natural resource development. 
 
¶3.  (U) Ruiz underscored the success of the oral trials 
process in Oaxaca, distinguishing the oral trials in Oaxaca 
from those in the US by the fact that the Oaxacan system 
relied on a group of three justices, rather than a jury, to 
determine a suspect's guilt or innocence.  Ruiz credits the 
success of oral trials in Oaxaca to the state's long-standing 
tradition of tribal courts.  (Note: Of the 546 municipalities 
in Oaxaca, 434 are occupied predominately by indigenous 
groups that adhere to traditional customs and practices in 
judicial and electoral matters.)  Currently. it takes about 
three months, and no more than nine months, from the time a 
suspect is arrested for his or her case to be brought to 
trial.  However, Ximena Avellaneda, Director of the Rosario 
Castellanos Shelter for Women, said the expedited process 
made possible through the oral trials systems did not, 
however, have a trickle down effect, particularly for women 
who file domestic violence complaints against their spouses. 
Jacobo Ruiz Quiroz, Attorney for Indigenous Defense, said 
that the state's Plan for Sustainable Development 2004-2010 
included an initiative to release indigenous prisoners from 
jail provided that their crimes were not serious offenses. 
The purpose of this initiative is to promote family 
reunification and to ease overcrowding in the state's prison 
system.  Since 2004, more than 7,000 indigenous prisoners 
have been released from prison through this initiative and of 
those released, 59 percent had been convicted of either 
assault, robbery or causing damage to personal property. 
 
The State Human Rights Commission and Civil Society 
 
¶4.  (U) Although the Oaxaca State Human Rights Commission is 
an autonomous body, prior to a law passed during December 
2007 the state's legislature appointed the organization's 
president from the governor's suggested list of candidates. 
Since the new law was passed nearly a year ago, congress now 
appoints the incoming president in consultation with the 
Commission's consultative board, according to current 
President Dr. Heriberto Antonio Garcia.  Garcia claimed that 
as a result of the legislative reform, the Commission's 
consultative board had become more transparent, incorporating 
greater participation from both civil society and academia. 
Despite claims of complete autonomy, the Commission relies 
exclusively on the Oaxacan Congress for its operational 
budget.  Since the year's inception, the Commission has 
issued 14 recommendations against local authorities and 13 
were accepted.  Because the Commission's recommendations are 
not legally binding, Heriberto said the Commission had, in 
the past, launched media campaigns against officials who 
refused to accept recommendations as a means to publicly 
shame them into compliance. 
 
MEXICO 00003146  002 OF 002 
 
 
 
¶5.  (U) Garcia also said that since 2006 the relationship 
with civil society had been strained but that the Commission 
had made several recent attempts to overcome the rift.  He 
admitted, however, that the response from civil society had 
not been overwhelming.  Avellaneda echoed Garcia's statement, 
saying that civil society not only had very little 
interaction with the State Human Rights Commission but also 
with Oaxacan officials.  She criticized the government for 
not proactively implementing existing laws designed to 
protect the rights of women and young girls.  Avellaneda said 
judges and police officials desperately needed sensitivity 
training not only related to women's issue but to general 
human rights issues.  Avellaneda lamented that many civil 
society organization were so financially strapped that they 
had begun to pool resources in order to maximize 
effectiveness. 
 
SSP, PGJ and SEGOB Share Their Views on Oaxaca's Human Rights 
Situation 
 
¶6.  (U) With 3.6 million inhabitants, 16 indigenous groups, 
and 570, or 24 percent, of the country's municipalities, 
Secretary of Government Manuel Garcia said one of Oaxaca's 
greatest challenges to promoting human rights was linked to 
structural problems.  In addition to poor infrastructure, 
Garcia said 47 of Mexico's 100 poorest municipalities were 
located in Oaxaca state and that the government's efforts to 
deal with other structural problems such as the inadequate 
public education and health systems, high levels of 
employment, and substandard public housing often sidetracked 
its human rights efforts.  Land conflicts, he lamented, were 
also a common problem, particularly since 85 percent of the 
state's land is considered communal property.  Garcia also 
said women in 27 indigenous communities still were not 
allowed to vote despite suffrage laws affording all citizens 
the right to participate in the electoral process.  (Note: 
Only 152 of Oaxaca's 570 municipalities have adopted the 
political party system while the others adhere to a system of 
traditional customs and practices.) 
 
¶7.  (U) SSP Commissioner Javier Rueda Velasquez said striking 
a balance between protecting human rights and ensuring 
citizen protection presented a significant challenge for 
local law enforcement.  In addition to implementing the oral 
trials system, Rueda said a state law passed in September 
consolidated Oaxaca's law enforcement agencies under one 
central command with the goal of improving overall 
effectiveness and capacity.  He also mentioned that Oaxacan 
police officials must now undergo psychological examinations, 
polygraph testing, and toxicology screenings in order to 
maintain  employment.  State Attorney General Evencio 
Martinez Ramirez said the State Attorney's Office (PGJ) had 
been conducting human rights training for local officials but 
that no officials statistics were available.  He also 
admitted that there was very little coordination between 
civil society and the government regarding human rights 
issues and mentioned that while the PGJ respected the 
National Human Rights Commission's (CNDH) recommendation 
regarding the Brad Will case, he thought the report was 
biased. 
 
¶8.  (U) Comment: After some trepidation regarding Poloff's 
visit, Oaxacan officials were open and willing to discuss the 
state's human rights situation.  It was, however, obvious 
that the state is still deeply divided after the unrest of 
2006 and that the wounds of mistrust between civil society, 
the State Human Rights Commission, and government officials 
continue to run deep.  Clearly, the different sides have 
proven incapable, to date, of joining efforts to address 
human rights concerns together.  While it is commendable that 
both the government and civil society are beginning to 
acknowledge the importance of promoting an international 
standard of human rights in Oaxaca, it is evident that this 
acknowledge will not lead to definitive solutions until both 
sides agree to work together more effectively and 
transparently 
Visit Mexico City's Classified Web Site at 
http://www.state.sgov.gov/p/wha/mexicocity and the North American 
Partnership Blog at http://www.intelink.gov/communities/state/nap / 
GARZA