VZCZCXYZ0013
RR RUEHWEB

DE RUEHME #1830/01 1760002
ZNR UUUUU ZZH
R 250002Z JUN 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 7104
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE

UNCLAS MEXICO 001830 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM MX
SUBJECT: UNCERTAIN FUTURE FOR HUMAN RIGHTS REFORM BILL 
 
¶1.  (U)  Summary. In late April, the Mexican Chamber of 
Deputies adopted a bill modifying five articles of the 
Mexican Constitution as part of an effort to bring Mexican 
law into compliance with Mexico's international treaty 
obligations relating to human rights principles.  If 
ultimately adopted by the Senate, these reforms will impose 
new requirements on the Mexican government in the area of 
human rights promotion and protection.  The modifications 
passed by the Chamber address issues that include the rights 
of asylum seekers and other foreigners living in Mexico, 
limits on the powers of the President, and the responsibility 
of state institutions in promoting human rights respect.  The 
human rights community is displeased with the limited scope 
of the reform, and it remains to be seen whether the Senate 
will move them forward this fall when a new legislature is 
seated.  If the bill becomes law next fall, however, Mexico 
will take a modest step forward in guaranteeing 
internationally protected human rights.  End Summary. 
Just How Far Do International Treaties Apply? 
¶2.  (SBU)  One of the most important reforms advanced by the 
Chamber bill (and the one most widely commented on by the 
human rights community)  affirms that "all persons will enjoy 
the human rights recognized by the Constitution as well as 
those in international human rights treaties ratified by the 
Mexican State."  Congresswoman Omeheira Lopez, the outgoing 
President of the Chamber of Deputy's Commission on Human 
Rights, told Poloff that this change means that the Mexican 
government will no longer will draw a distinction between 
human rights protections delineated in the Mexican 
Constitution and those set forth in international treaties 
Mexico has ratified.  The reform obliges authorities to take 
an active role in protecting human rights in as inclusive a 
manner as possible, investigating and sanctioning violations. 
 Human rights groups, however, point out that the bill leaves 
important loopholes, particularly by positing the primacy of 
Mexico's existing constitution over international treaties. 
They argue that this provision calls into question Mexico's 
unqualified obligation to bring its laws into compliance with 
its international treaty obligations.  At the end of the day, 
the NGO community stills considers this reform a step forward 
in that it recognizes most international treaties and gives 
individuals the chance to pursue human rights protection in 
domestic courts. 
Expanding the Rights of Asylum Seekers, Limiting Power to 
Expel Foreigners 
¶3.  (SBU)  The reform also expands the rights of asylum 
seekers by specifying that all persons have the right to seek 
asylum and that "the law" will regulate procedures and 
exceptions.  In this instance, the Chamber of Deputies 
specifies that the law governing the application of this 
reform will be based on the American Convention on Human 
Rights, which requires that States not "expel or return 
foreigners to another country where their right to life or 
personal integrity is at risk."  Citing cases from the past 
in which Mexico violated non-refoulement principles by 
deporting individuals who were imprisoned upon returning 
 
home, human rights groups, however, remain skeptical that the 
government will fully implement this commitment. 
¶4.  (U)  Another constitutional modification imposes limits 
on the president's power to expel foreigners, requiring 
compliance with the International Covenant on Civil and 
Political Rights (which stipulates that any person identified 
by a state for expulsion must go before an administrative 
procedure to determine the place and time of expulsion). 
The new language also states that foreigners "enjoy the 
rights recognized in the Constitution." 
¶5.  (U)  Other reforms charge the president and state 
institutions more explicitly with promoting human rights.  In 
a change to improve mandate of the National Human Rights 
Commission (CNDH), institutions which reject that 
organization's recommendations must publicly justify their 
decisions.  In addition, the process for selecting the 
leadership of that organization, and other publicly funded 
human rights organizations, is to be done with greater public 
participation (as yet un-specified).  Human rights groups 
support these changes, but are waiting to see whether they 
survive the legislative process and how they are actually 
implemented. 
Where Does The Bill Go From Here? 
¶6.  (SBU)  The bill's passage in the Chamber was fraught with 
the political horse-trading typical of security and human 
rights related legislation in Mexico.  According to 
commission president Lopez, PRD legislators in her commission 
provided the major impetus for the reform, securing PAN 
support by promising to support the PAN's security reform 
package in exchange.  There were more sweeping measures under 
consideration, but consensus was achieved on the ones 
outlined above, and PRD agreed ultimately to accept half a 
loaf.  Lopez claims that PRI legislators demonstrated their 
party's "typical disinterest" in human rights by staying out 
of most discussions.  Legislators credit Lopez for 
aggressively and effectively moving the bill out of committee 
onto the floor of the lower chamber, where it passed 
unanimously in the session's closing days. 
¶7.  (SBU)  The legislation can not necessarily count on 
Senate support when that body presumably takes it up in 
September.  Its strongest proponent, Chamber commission 
chairwoman Lopez, leaves congress at the end of August. 
While remaining optimistic, Lopez voiced concern the reform 
could become a bargaining chip as parties compete to secure 
the new presidency of the National Human Rights Commission 
for one of their own.   For their part, human rights groups 
are concerned the Senate could further water down what they 
believe is a reform bill that already suffers from important 
omissions. 
¶8.  (SBU)  Comment.  If passed and published in the official 
gazette, Mexico's government will be able to claim a victory 
in strengthening human rights and respect for international 
law.  That claim will surely have its detractors, however. 
Human rights groups will no doubt maintain that the 
government's efforts continue to fall far short of its 
obligations as reflected in international agreements. 
Passage in the Senate is not a sure thing, but if the bill 
survives to become law (even one more modest than originally 
envisioned by its proponents) it will be a good first step. 
End Comment. 
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 / 
 
WILLIARD