Mexico City, 26 May 2014. Peace Brigades International – Mexico Project (PBI Mexico) has observed with great concern the recent trend to restrict the rights to freedom of expression and social protest in different Mexican states and, consequently, to limit the work of human rights defenders in the country.
On 19 May, the Puebla state Congress approved the so called Law to Protect Human Rights and that Regulates the Legitimate Use of Force by State Police Officers, which authorizes the use of lethal weapons to disperse manifestations. Likewise, on 15 May the Chiapas state Congress passed new legislation that allows preventive police interventions in case a protest turns violent.
In late April, the state of Quintana Roo approved the new Civic Order Law, which allows for the public administration to “take the necessary measures” to control manifestations. Local and federal legislative bodies have debated initiatives to regulate social protest in Mexico City. The Federal District Human Rights Commission has concluded that such initiatives have a “prohibitionist” character, through which “far from promoting and protecting the rights to assembly, manifestation and social protest, they authorize the use of repressive and control methods”.
These legislative initiatives come at a time when Mexican civil society has denounced the context of repression and violations committed against protesters and human rights defenders during marches and manifestations. Due to this context, several organizations have formed the Front for Freedom of Expression and Social Protest (Frente por la Libertad de Expresión y la Protesta Social), which recently issued “Control of public space: A report on the setbacks in freedom of expression and assembly under the current Government”.
The Front has condemned the passing of the Regulatory Law of Article 29 of the Constitution, which regulates the state of emergency and provides “ample discretionary margin to the Executive Power to justify the suspension of guarantees … allowing for its political manipulation with the purpose of social control and criminalization of protest”.
PBI has observed with great concern these recent legislative initiatives, which can have a direct impact on the rights of human rights defenders to carry out their legitimate work. The United Nations Declaration on Human Rights Defenders establishes the right of these persons to peaceful protest as well as to denounce violations.
It is worrying that legislative reform increases the possibility that human rights defenders suffer violations for their work. The criminalization of the right to social protest is contrary to international treaties ratified by Mexico and weakens the promotion of human rights in the country.
It is equally worrying that such legislative initiatives have been approved without previous consultation with civil society, as denounced by the National Network of Human Rights Organizations “All Rights for Everyone” (Red TDT). The Red TDT has also condemned the “ambiguous use of concepts such as public peace, public order, rational use of force and violent protest, among others, as they allow for discretional interpretation on the part of authorities”.
PBI recognizes the rights of human rights defenders to peaceful protest, as expressed by the United Nations Special Rapporteur on the situation of human rights defenders.
PBI urges the Mexican State to guarantee and protect the rights to social protest, assembly and freedom of expression recognized at the international and national levels. Furthermore, PBI calls on state and federal authorities to carry out processes of consultation and dialogue with civil society prior to regulating such rights. Finally, PBI calls on the Mexican government to recognize, protect and promote the work of all human rights defenders in the country, in order to ensure they have a safe environment to conduct their activities.
For further information:
Niamh Ni Bhriain
Public Relations and Advocacy Coordinator
Phone: + 52 (55) 5514 2855