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RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #3627/01 3572252
ZNR UUUUU ZZH
R 232252Z DEC 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 9537
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHMFISS/CDR USSOUTHCOM MIAMI FL
RHMFISS/HQS USNORTHCOM
RUEAHLA/DEPT OF HOMELAND SECURITY
RUEABND/DEA HQS WASHINGTON DC
RHEHAAA/NSC WASHINGTON DC

UNCLAS SECTION 01 OF 06 MEXICO 003627 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PINR MX
SUBJECT: MEXICO:  BUILDING AN EFFECTIVE HUMAN RIGHTS 
STRATEGY 
 
REF: A. MEXICO 2780 
     ¶B. MEXICO 3443 
     ¶C. MEXICO 3455 
     ¶D. MEXICO 3501 
 
¶1. (SBU) Summary: The Country Team is working on three 
coordinated tracks on a human rights engagement strategy that 
will enhance our ability to work more closely with the GOM 
and the Mexican military; establish a regular working 
dialogue with the human rights community; and support the 
work of civic participation groups in building a national 
consensus against violence and criminality. This cable 
updates our progress on each of the three tracks. End summary. 
 
------------- 
State of Play 
------------- 
 
¶2. (SBU) Through our dialogue with the NGO community we have 
identified four priority areas that will help guide our 
efforts: investigation and prosecution of alleged violations; 
transparency and accountability mechanisms; improvement of 
GOM-NGO dialogue and safety assurances for victims and 
advocates; and benchmarks for tracking progress. These 
priorities have been shared with the SRE and will be 
incorporated into the agenda of a new bilateral dialogue on 
human rights.  Draft diplomatic notes have been exchanged, 
and we expect to finalize them in January to create a 
U.S.-Mexico Bilateral Human Rights Dialogue. 
 
¶3. (SBU) Listed below is the state of play in each category. 
More detail is provided in subsequent sections. 
 
 -- Government and Military: In October, the Foreign 
Relations Secretariat (SRE) formally communicated the GOM's 
willingness to begin a new bilateral dialogue on human rights 
that would include the National Defense Secretariat (SEDENA) 
and various key ministries.  We accepted that offer in 
principle, but suggested some enhancements (see below) that 
would strengthen the initiative. SRE Undersecretaries Gomez 
Robledo (Human Rights) and Ventura (North America) asked for 
an opportunity to review our proposal before we delivered it 
through formal channels. Deputy Secretary Lew raised the 
issue during his November 23 visit, and we expect a response 
early in January. Meanwhile, we are working with NORTHCOM on 
its engagement strategy on human rights with the military, a 
key element for the bilateral dialogue once we begin. 
 
-- Human Rights NGO Community: Since our initial meeting in 
September (ref A), we held a second meeting to hear  ideas 
for enhancing transparency, supporting victims and 
safeguarding advocates. The follow-up meeting led us to focus 
on specific initiatives, such as encouraging the National 
Commission on Human Rights (CNDH) to review and report on 
victim assistance and protection by the GOM. We have met with 
the new CNDH President, Raul Plascencia (septel), and with 
some key political insiders to explore some ideas; the 
Ambassador will follow up with Plascencia and with various 
leaders in the Congress early in 2010 to see how we can move 
forward on them. 
 
-- Civic Participation Groups: Finally, we continue our close 
collaboration with civic participation and new media groups 
on ways to build support for a national campaign against 
violence and crime.  This effort will require the release of 
approved funds by International Narcotics and Law Enforcement 
(INL) to USAID if we are to sustain our efforts and advance 
Mexico's overall human rights progress. 
 
--------------------------------------------- -- 
Track One: Cooperation with GOM on Human Rights 
--------------------------------------------- -- 
 
¶4. (SBU) We are currently waiting for the SRE's comments on 
our suggested enhancements, provided in late November, to its 
formal offer of a new bilateral working dialogue on human 
rights. The Foreign Ministry's offer proposed three meetings 
a year for a new dialogue to include SRE, SEDENA, Secretariat 
of Governance (SEGOB), and eventually "other agencies of the 
Mexican government." SRE also proposed including the UN 
Office of the High Commissioner on Human Rights (OHCHR) and 
 
MEXICO 00003627  002 OF 006 
 
 
the International Red Cross, if relevant to the issues being 
raised. The Ambassador suggested that the agenda specifically 
include the four priority areas (para. 2).  We also proposed 
to clarify that informal meetings could take place between 
formal sessions, and that the human rights dialogue would 
complement discussions in the bilateral defense working group 
set to begin in February.  The latter was proposed in 
connection with recent senior military and defense visits to 
Mexico and Washington, with the purpose of engaging on 
bilateral defense matters, including human rights issues. The 
Ambassador also suggested that we include the Mexican Navy 
(SEMAR) in the dialogue and establish a channel between DOD 
and SEDENA lawyers to strengthen the military justice system 
and its autonomy, as well as include more human rights in 
military training. 
 
¶5. (SBU) Gomez Robledo said that SEDENA had come a long way 
in terms of its willingness to engage on human rights, but 
progress had been the result of a slow and painstaking 
effort.  Going too fast could cause the military to hunker 
down and resist the modernization that we are looking for. 
The Ambassador noted SEDENA chief Galvan's request to 
Northcom Commander Renuart for a JAG training program, and 
similar discussions during the visit of Deputy Undersecretary 
Stockton related to the defense bilateral working group. 
 
--------------------------------------------- 
Ambassador to SRE: Need a Systematic Approach 
--------------------------------------------- 
 
6.(SBU) The Ambassador noted the need for a systematic 
approach that would help respond to the issue of specific 
violations. There were several lists of alleged cases that 
were circulating among NGOs and in Congress but no organized 
effort on the steps that were being taken to respond. A 
senior Human Rights Watch official from Washington recently 
shared his ongoing efforts with SEGOB Minister Gomez Mont to 
identify some illustrative cases involving violations that 
had been handled appropriately in the Mexican military 
justice system. Of the 12 that were identified, eight 
predated the Calderon administration, three were clearly not 
human rights cases, and one that was alleged to be 
illustrative was a civil traffic accident. This list of 
violations and investigations for the Calderon Administration 
was not convincing. A better understanding of the military 
justice system, a better understanding of how to respond to 
legitimate questions on specific cases, a better dialogue 
with NGOs, and some criteria to evaluate progress in the 
future would help provide more transparency and parameters 
for future discussions. 
 
--------------------------------------------- ------------ 
USG Visits Press the Need for Action -- NORTHCOM Strategy 
--------------------------------------------- ------------ 
 
¶7. (SBU) Deputy Secretary Lew, Undersecretary Otero and 
Assistant Secretary Valenzuela also raised the importance of 
moving forward on the human rights front during their visits 
to Mexico (refs B-D), a critical reinforcement from 
Washington that has helped strengthen our message on the need 
to move forward quickly on the bilateral working group.  In 
the interim, senior visitors from NORTHCOM and DOD have also 
contributed in their discussions with SEDENA and SEMAR. We 
are working closely with NORTHCOM to finalize an integrated 
engagement strategy for the Mexican military on human rights. 
 The Ambassador met with General Stutzriem during his visit 
to Mexico in mid-December to review a draft program that 
would combine institutional instructions with appropriate 
soldiering and field training, and offer feedback mechanisms 
for measuring impact. The Ambassador suggested fine-tuning 
the strategy to ensure that it would provide the appropriate 
ground-level training on the specific challenges currently 
facing the GOM military in the fight against the DTOs.  The 
goal is a comprehensive and sustainable program to help 
SEDENA modernize and integrate its current military mission 
on the border with ongoing legal and civilian efforts that 
prosecute criminal organizations. Unfortunately, the UN's 
Office of the High Commissioner for Human Rights in Mexico 
(OHCHR) continues to face obstacles in drawing down the $1 
million Congress earmarked for it to provide human rights 
training to SEDENA and SEMAR due to the Department's legal 
 
MEXICO 00003627  003 OF 006 
 
 
interpretation of restrictions on using ESF to work with 
military officials. 
 
--------------------------------------------- ----- 
Track Two: Working Dialogue with Human Rights NGOs 
--------------------------------------------- ----- 
 
 
¶8. (SBU) After the Ambassador's initial meeting with human 
rights NGOs in September (ref A), we worked with all of the 
groups (full list of participants is at para 16) to 
streamline multiple priorities down to four areas. In 
parallel, we also sought the SRE's senior level response 
through informal channels.  As SRE registered no objection to 
the list, we incorporated it into our human rights strategic 
framework (para. 4-6 above) and used these points for the 
Ambassador's second meeting with the NGOs.  Several NGOs 
presented their ideas and reactions to the list during the 
discussion.  The priority areas as shared in writing with the 
NGO reps are as follows: 
 
-- Improving mechanisms within the civilian and military 
justice system for identifying, investigating, and 
prosecuting human rights abuses committed by the police and 
the military. 
 
-- Improving transparency and accountability in the 
government's response to and treatment of human rights cases. 
 
-- Building trust and strengthening dialogue between the GOM 
and NGOs to reduce hostility, harassment and threats against 
those filing complaints of human rights abuses. 
 
-- Identifying benchmarks and joint GOM-NGO mechanisms to 
track and measure progress on human rights commitments and 
cases. 
 
The tone of the November 19 meeting was critical of the human 
rights situation in Mexico, particularly on issues related to 
the military justice system, but constructive in searching 
for solutions.  Some in the group welcomed the commitment of 
CNDH President Raul Plascencia to strengthen the organization 
and improve relations with the NGO community, but there was 
repeated criticism of the Commission's weak support for and 
limited assistance to alleged victims, notwithstanding a 
legal mandate to do much more. 
 
------------------------------------ 
Investigating and Prosecuting Abuses 
------------------------------------ 
 
¶9. (SBU) The Ambassador reviewed recent developments, 
including Mexico's proposal for a new bilateral human rights 
forum, its agreement to a defense-defense working group, and 
efforts at NORTHCOM to develop a comprehensive program that 
would help strengthen and expand human rights training for 
the Mexican military. NGO representatives expressed concern 
about impunity for abuses committed by the military, noting 
numerous cases in which the military was hiding behind the 
military's tribunal or "fuero militar" and arguing that the 
military should not preside over cases involving civilians. 
While some conceded that it would be unrealistic to expect a 
shift from military to civilian courts on these cases, others 
called for an open discussion of the challenges facing the 
military and an examination of military training. The 
Ambassador noted U.S. efforts to improve transparency in 
military tribunals and training to improve coordination with 
civil and legal authorities along the northern border to 
prosecute drug trafficking organizations. The human rights 
community sought clarification on specific cases and pressed 
for improvements in judicial institutions. 
 
---------------------- 
Improving Transparency 
---------------------- 
 
¶10. (SBU) NGO representatives also stressed the need for 
greater transparency from the GOM in the investigation and 
prosecution of human rights cases.  While the (FOIA Mexican 
equivalent) Federal Institute of Access to Public Information 
(IFAI) had a role to play, other institutions, like the CNDH 
 
MEXICO 00003627  004 OF 006 
 
 
could play a much more active role in holding judicial 
authorities, including military tribunals, more accountable. 
CNDH was not living up to its legislative mandate in 
providing support and assistance for victims, often 
encouraging them to not file an official complaint, and doing 
little to provide a liaison function with legal authorities. 
One representative noted that there is a limited number of 
military and legal personnel that were responsible for a 
large number of violations. He suggested CNDH create a 
database of police and military personnel who had been 
accused of violations. The Ambassador agreed that a 
centralized system that could fairly register abuses and key 
developments would be helpful and that the CNDH could use its 
authority to gain access to military bases and help 
investigate certain alleged violations in a more systematic 
and transparent way. 
 
--------------------------------------------- ------------- 
Protecting Human Rights Defenders and Tracking Commitments 
--------------------------------------------- ------------- 
 
¶11. (SBU) The group emphasized the need for the government to 
do more to protect human rights defenders as well as 
witnesses to abuses.  Presently, victims and witnesses assume 
the burden of proof and face threats and intimidation.  With 
penal code and procedural code reform legislation still 
pending, there is no witness protection or restitution at the 
federal level, and only a couple of states have incorporated 
it in their own legal reforms.  Since organized crime is 
prosecuted only at the federal level, victims and witnesses 
are left unprotected from such crimes, including those 
involving human rights violations. 
 
¶12. (SBU) The group recommended that the GOM take concrete 
steps to protect human rights defenders including sanctioning 
abusers. There also was consensus in the group in support of 
strengthening the CNDH by legally obliging government 
entities to implement CNDH recommendations, as CNDH President 
Plascencia has suggested. There was a consensus suggestion 
that the OHCHR in Mexico be invited to the next meeting to 
discuss the UN's recent report on attacks and intimidation 
against human rights' advocates. 
 
-------------------------------------------- 
Track Three: Civic Activism Against Violence 
-------------------------------------------- 
 
¶13. (SBU) Our work on this front has been active and 
important, but is in jeopardy because of interagency funding 
flows.  Without access to FY 08 money that has already been 
appropriated, we will not be able to support some of the 
leading groups that are making critical contributions on this 
front.  The objective is to create a shared civic consensus 
on the need to employ the functions of state, military 
authorities and civil society to resist and stop violence. 
Success demands that rejection of violence become a national 
cause.  Some of this is already emerging, with new elements 
in civil society working together and building support 
against violence (e.g., Mexico SOS, Mexico Unido Contra la 
Delincuencia (MUCD), Comite Nacional de Consulta y 
Participacion de la Comunidad en Seguridad Publica (CONSEGU), 
Iluminemos Mexico, Centro de Estudios e Investigacion en 
Desarrollo y Asistencia Social (CEIDAS)). 
 
¶14. (SBU)  We are working with many of these groups on 
comprehensive efforts that will stimulate civic activism, 
engage responsible law enforcement, help future efforts, 
increase effectiveness, and reduce the risk of incidental 
violations. We incorporated several of these groups in round 
tables or outreach events with Deputy Secretary Lew, Under 
Secretary Otero and Assistant Secretary Valenzuela during 
recent visits to Mexico.  Some of the illustrative projects 
we have been working on include a "majoring project" with 
Iluminemos Mexico that will further the work of mobilizing 
civil society against kidnapping and other forms of violence. 
 USAID has supported two Citizen Participation Council 
Forums, which work to support the culture of lawfulness by 
raising public awareness.  USAID also funds modern media and 
web technology as a mechanism for citizens to direct 
complaints to the appropriate justice sector authorities, and 
supports a citizens' web-based project that has built a 
 
MEXICO 00003627  005 OF 006 
 
 
secure system for anonymous tips from citizens on acts of 
violence. 
 
------- 
Comment 
------- 
 
¶15. (SBU) We have made considerable progress in developing a 
human rights strategy that is integrated into our larger 
efforts to deepen our relationship and expand our cooperation 
across the board.  We are working with the GOM and the human 
rights community to build a constructive program, but there 
is still some resistance that we will have to overcome.  On 
the official side it will be slow progress with the military, 
a conservative institution that resists change even as it 
solicits help to modernize. While SEDENA is engaging on human 
rights, our challenge is to help move it beyond carefully 
limited pronouncements and to support changes in soldiering 
and field training to address the problem.  With the NGO 
community, we will also need to encourage practical 
initiatives that translate the witnessing and work on alleged 
violations into constructive initiatives that will help build 
a more responsible and effective civil society.  Our work 
with civic participation groups is the final piece, and for 
that we will need to deliver already approved funding to 
USAID from INL that can help support and sustain this 
critical element.  End Comment. 
 
--------------------------------------------- -- 
Participants in November 19 HR Working Dialogue 
--------------------------------------------- -- 
 
¶16. (U) In addition to the regular NGO participants listed 
below, we invited Maureen Meyer from the Washington Office on 
Latin America, on an official visit to Mexico, to join our 
November 19 discussion. The Ambassador and the following 
offices/agencies participated in the discussion: Political 
Section (POL), Agency for International Development (AID), 
Narcotics Affairs Section (NAS), Drug Enforcement Agency 
(DEA), Department of Justice (DOJ), Office of Defense 
Cooperation (ODC), Public Affairs Section (PAS), and the FBI 
-- Legal Attache (Legatt). Representatives of the following 
NGOs are participating in our working dialogue on human 
rights on a regular basis and were represented at the 
November 19 meeting: 
 
--The Fray Francisco de Vitoria Center for Human Rights 
focuses on cases in front of the International Criminal 
Court, executions, freedom of expression, migration, the 
death penalty, political prisoners, racism, and torture. 
They also publish information on human rights in Mexico. 
 
--The Miguel Agustin Pro Juarez Center for Human Rights is an 
internationally recognized NGO dedicated to promoting respect 
for human rights in Mexico.  The Center focuses on monitoring 
and analyzing the human rights situation in Mexico, assessing 
and documenting cases of violations, litigating cases 
domestically and internationally, educating and training 
other civil society organizations, and publishing information 
related to human rights in Mexico. 
 
--The Tlachinollan Mountain Center for Human Rights is an NGO 
based in Tlapa de Comonfort, in the State of Guerrero, that 
supports indigenous people and has promoted and defended the 
rights of indigenous communities in Guerrero for more than 13 
years. 
 
--The Center for Research and Analysis Fundar works at the 
national and international level to address a broad range of 
contemporary issues through budget and policy analysis. It 
focuses on budgets, poverty reduction programs, health sector 
policies, legislative monitoring, the right of access to 
information, monitoring of law enforcement agencies, and 
oversight of human rights agencies and policy. 
 
--The Citizen's Council for Public Security and Justice 
focuses on public security and aims to improve results from 
public security and penal authorities. 
 
--The Mexican Commission for the Defense and Promotion of 
Human Rights tracks issues related to military justice, due 
 
MEXICO 00003627  006 OF 006 
 
 
process, transnational justice, and violence against women. 
 
--ProDerecho is a contractor financed by USAID that funds a 
multidisciplinary group with activities focused on 
strengthening and consolidating legal institutions. The 
ProDerecho staff specializes in diverse areas of the justice 
system and implementing new criminal justice reforms. 
 
--Citizen Network for Security with Justice focuses on 
judicial processes and the transition from an inquisitorial 
to an accusatory system in the implementation of oral trials. 
 
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 / 
PASCUAL