VZCZCXRO8686
RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #0868/01 0832104
ZNR UUUUU ZZH
R 242104Z MAR 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 5816
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 0313
RUEHGV/USMISSION GENEVA 1081
RHMFIUU/HQ USNORTHCOM

UNCLAS SECTION 01 OF 03 MEXICO 000868 
 
SENSITIVE 
SIPDIS 
 
IO/RHS -- AMY OSTEREIER, DRL/MLGA - CHRIS SIBILLA 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM KDEM UN MX
SUBJECT: OHCHR'S OFFICE IN MEXICO EARNING ITS KEEP 
 
REF: STATE 2023 
 
¶1.  (SBU)  Summary.  The UN's High Commissioner for Human 
Rights (OHCHR) opened a field office in Mexico in 2002 with a 
mandate to work with the Government of Mexico and a wide 
cross section of civil society with a view to developing a 
"diagnostic survey" that would identify the steps Mexico 
needed to take to address outstanding human rights concerns 
and meet its human rights obligations.  Last year, the GOM 
and the OHCHR renewed the office's mandate assuming on 
responsibility to monitor human rights.  The office is 
generally respected by the NGO community but entertains a 
relatively strained relationship with Mexico's National Human 
Rights Commission (CNDH).  The U.S. Congress earmarked $1 
million out of Merida Initiative funding to support the human 
rights work of the OHCHR's office in Mexico.  Mission 
Mexico's USAID Office is working closely with OHCHR's office 
here to develop a human rights program of action.  We remain 
satisfied with the work of the OHCHR's office in Mexico and 
believe it serves an effective role promoting wider respect 
for human rights and a greater appreciation for civil 
society.  End Summary. 
 
OHCHR Office Roots 
¶2.  (U)  When Vicente Fox won election in 2000 as the 
President of Mexico he broke an uninterrupted run of 71 years 
during which Mexico had been led by presidents hailing from 
the Institutional Revolutionary Party (PRI).  Eager to 
demonstrate that Mexico was prepared to turn the page on its 
undemocratic past, he agreed to allow the UN's Commissioner 
for Human Rights to open a field office in Mexico with a 
mandate to produce a diagnostic survey on Mexico's human 
rights situation.  This decision represented the first time 
the OHCHR ever opened an office in a country that was not 
emerging from a wrenching civil war with sweeping claims of 
human rights abuses.  Instead, Mexico was embarking on a 
transition to democracy and the OHCHR's newly established 
office was entrusted with responsibility for advising Mexico 
how best to meet its human rights obligations based on an 
evaluation of local conditions. 
 
¶3.  (U)  The diagnostic survey that emerged from over a 
year's worth of consultations with a wide cross section of 
government and civil society actors on human rights produced 
a series of 31 recommendations mostly regarding the kinds of 
changes Mexico needed to make across the board on issues 
ranging from its justice system to education to ensure human 
rights respect.  OHCHR is fond of noting that this diagnostic 
survey was the first of its kind that OHCHR produced and 
boasting it has served a model for similar efforts undertaken 
by other offices.  Even now, over five years later, this 
diagnostic survey still very much guides the office's work 
and the office finds itself called upon to produce more 
narrowly focused diagnostic surveys of the human rights 
conditions prevailing in specific Mexican states. 
 
Renewing the Mandate 
 
¶4.  (SBU)  In February 2008, the OHCHR and the GOM renewed 
the office's mandate, incorporating a responsibility to 
"observe" the human rights situation in the country 
particularly as pertains to concerns flagged in the 2003 
diagnostic survey.  Alberto Brunori, the Office's Director, 
told poloff that his office was prepared to interpret 
"observe" to imply "monitor" but remarked that the office 
would focus more on "thematic" reports versus speaking 
directly to specific cases of abuses which the government 
could well claim overstepped what the mandate allowed for. 
To carry out this objective, Brunori told poloff in late 2008 
that the office planned to organize a network of civil 
society organizations over the early months of 2009.  He also 
sought to establish a regular field presence in part through 
a schedule of regular visits. 
 
¶5.  (SBU)  In addition to monitoring, Brunori wanted to make 
protection of human rights defenders a priority.  He 
anticipated the UN Special Rapporteur on Human Rights 
Defenders would be visiting Mexico in 2009 as a guest and 
not/not on an official visit.  Brunori also wanted the office 
to do more outreach with indigenous communities.  On women, 
he wanted the office to look into the question of femicides, 
undertake more monitoring, promote respect for women, and 
strengthen women's organizations. 
 
¶6.  (U)  As noted prior, the office's 2003 diagnostic survey 
garnered much acclaim.  The purpose of the exercise had been 
 
MEXICO 00000868  002 OF 003 
 
 
to create space for dialogue, identify principal challenges, 
and develop programs for human rights organizations and the 
government to tackle them.  The GOM's own submission to the 
UN Periodic Universal Review earlier this month took into 
consideration the findings presented in the survey. 
According to Brunori, the GOM wants the office to carry out 
six diagnostic surveys over the course of 2009.  His plan is 
for State Interior Ministers (SEGOB) to convene 
representatives from the three branches of government, the 
local human rights ombudsman, civil society representatives, 
and academics with the committee drafting up the report under 
the leadership of either the human rights ombudsman or a 
consultant on contract. 
 
Training 
¶7.  (SBU)  Brunori remarked that both SSP and SEDENA had 
expressed interest in human rights training with his office. 
He found the prospect intriguing but stressed the need to 
identify objectives and performance indicators.  He hoped his 
office could assume a wider role in working with the Mexican 
Congress on penal and procedural code reform.  Given the 
focus on the government's efforts to combat organized crime, 
he expressed a desire for his office to provide the GOM some 
guidance on addressing security from a human rights 
perspective. 
 
Some Relationships are Better Than Others 
 
¶8.  (SBU)  OHCHR's office does outreach with the local human 
rights NGO community both in terms of consulting them for its 
views and promoting respect for the work of human rights 
defenders.  These groups, in turn, appear to respect OHCHR 
generally for the work it does.  In the best of all worlds, 
they would like the office to be more outspoken and less 
"diplomatic" but they appear to appreciate the fact that its 
relationship with the government is of a different variety 
and they support its continued presence in Mexico. 
 
¶9.  (SBU)  The office does not enjoy nearly as constructive a 
relationship with Mexico's National Human Rights Commission 
(CNDH), a semi-autonomous organization that receives 
considerable funding from the GOM.  CNDH's abrasive president 
Jose Luis Soberanes, in particular, has opined that Mexico 
does "not need" the office given CNDH's commitment to the 
same principles.  When OHCHR's previous director Amerigo 
Incalcaterra signaled support for the NGO community over CNDH 
in the wake of a Human Rights Watch report criticizing CNDH, 
Soberanes became incensed and reportedly lobbied Mexico's 
Foreign Ministry for Incalcaterra's removal.  Shortly 
afterwards, Incalcaterra announced that he was transferring 
out of Mexico.  Brunori, OHCHR's new director, has assumed a 
considerably lower profile, particularly in relation to CNDH. 
 
 
Pitching in on the Merida Initiative 
 
¶10.   (SBU)  The U.S. Congress earmarked $1 million for the 
OHCHR's office in Mexico as part of the $400 million Merida 
Initiative assistance package designed to support the GOM's 
efforts to combat organized crime.  USAID and the OHCHR have 
entered discussions about how best to spend the funds. 
Monitoring, training for civil society and Mexico's law 
enforcement community, and initiatives to promote civil 
society represent several options.  Brunori is convinced his 
office will be able to use the funds effectively to advance 
shared human rights objectives.  However, he is sensitive to 
OHCHR's being perceived as carrying the USG's water on the 
Merida Initiative, particularly in view of Soberanes' 
criticism of MI support for OHCHR's office. 
 
¶11.  (SBU)  Comment:  Mexico's emerging human rights NGO 
community assumes an important role in monitoring and 
promoting human rights respect but remains relatively 
immature and inexperienced.  CNDH, on the other hand, has 
much more experience but doesn't enjoy the kind of respect 
and credibility it would like, in part because it relies on 
government funding.  As such, the OHCHR's office fills an 
important niche, speaking with the authority and measured 
diplomatic tone of the UN.  The office's diagnostic surveys 
provide an excellent framework for the kind of measures 
Mexico needs to take to institutionalize human rights 
respect.  We are hopeful under its new director and through 
cooperation with USAID it will dedicate more attention to 
monitoring human rights abuses and addressing, in particular, 
concerns about abuses by law enforcement officials through 
the development of carefully tailored human rights training 
 
MEXICO 00000868  003 OF 003 
 
 
programs. 
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 / 
BASSETT