Index
1. Chronology
2. Civic Alliance and the EZLN's initiative to
organize the national consultation.
3. Rights of the Indian Peoples: Constitutional
and Legal Recognition by Ma. Magdalena Gomez
Rivera.
4. Media monitoring
CHIAPAS CHRONOLOGY
JUNE 14 - 27, 1995
JUNE 14
Organizing events in support of the struggle
of the Zapatista Army for National Liberation
(EZLN), disseminating information on issues
related to the indian uprising in Chiapas and
sending civil observers to the Lacandona Jungle,
were some of the agreements reached at the
assembly of social organizations held in Brescia,
Italy on June 11/12.
During a visit of Los Angeles, California,
the Chiapas rebel governor Amado Avendaqo Figueroa
pointed out that in view of the irritation being
expressed in Mexico for the situation in the
southern states, the call of the EZLN may offer
the possibility of a step forward in the
accumulation of forces to defeat the state party.
Alfonso Guillin Guillin, who has been
identified by the Office of the Attorney General
(PGR) as the father of Subcomandante Marcos, urged
the EZLN to lay down arms and become a political
party because the Mexican people, the poor-poor
and the voiceless, "need a leader rather than a
martyr."
As a result of the armed conflict in Chiapas
more than one thousand properties have been
occupied and farmers report losses of 60 percent,
this according to the state leader of small
owners, Fidel Culebro Trejo.
With at least 540 thousand illiterate adults,
Chiapas occupies one of the first places in this
field in the country, said the delegate of the
National Institute for Adult Education (INEA),
Romeo Bustamante Abadma. Bustamante informed that
the INEA will invest 34 million new pesos this
year to teach to read and write 20 thousand
spanish-speaking people and 22 thousand Indians.
Eighteen months after the start of the armed
conflict in Chiapas, the rule of the law continues
to be absent with more than 1,000 properties
invaded, approximately one million head of cattle
stolen and agricultural losses of 80 percent of
the crops, informed the President of the
Confederation of Rural Proprietors, Josi Bonilla.
JUNE 15
The National Mediation Commission (Conai)
considers that some positive results were obtained
in the dialogue held between the EZLN and the
Federal Government in San Andris Larrainzar.
However, the dialogue and negotiation process is
progressing under very straining conditions.
In the opinion of the Concord and Peace
Commission for Chiapas (Cocopa), some progress was
made when both parties acknowledged that no
agreement had been reached on distension measures.
Eraclio Zepeda, Government Secretary, said
that the recovery of the 1,000 properties seized
since January 1, 1994 in the state would be done
through negotiation, the application of
presidential decrees and the enforcement of the
rule of the law in case of violence by armed
groups.
The health sector in Chiapas registered 61
new cases of cholera, for a total of 525
individuals attacked by this disease. Four people
died in the week of June 2 - 8.
The armed conflict in the state has meant a
total expenditure of 101 million new pesos for the
Red Cross, i.e., 33 percent of its 1995 budget,
announced Fernando Uribe Caldersn.
JUNE 16
The State Attorney General, Jorge Enrique
Hernandez Aguilar, informed that the program aimed
at "gradually restoring the rule of the law," to
be enforced in the next few days to fight crime in
the state, will not include the so-called conflict
zone.
The Secretariat of National Defense (Sedena)
announced that military staff stationed in Chiapas
would be renewed as they have "remained long" in
service in this area.
With an average of two abductions per week in
Chiapas--more than 50 this year--prominent
businessmen and cattle breeders have been
kidnapped, informed the first judicial attorney
Gustavo Moscoso Zenteno.
JUNE 17
The Mexican Academy for Human Rights (AMDH)
in its weekly television monitoring report for the
week of May 29 to June 9, admits that Televisa's
24 Horas, Televisisn Azteca's Hechos,
Multivision's Para Usted, and Channel 11's Enlace
news programs, made an "adequate coverage" of the
information related to the Chiapas conflict. The
AMDH also informs it was the EZLN "the actor
receiving the highest total voice and image time."
"24 Horas" even transmitted the entire invitation
made by Subcomandante Marcos tod a national
consultation process, and made a "timely, accurate
and objective" coverage of the conflict in Chiapas
that, in general terms, reveals that the press in
Mexico can make use of its rights to adequately
keep the citizenry well informed.
According to Tapachula Bishop, Felipe
Arizmendi Esquivel, "Mexico has started to suffer
the consequences of the neoliberal economic policy
imposed by the International Monetary Fund (IMF)
and the World Bank (WB) that only benefits the
already powerful layers and hurts those that have
less."
JUNE 18
Fernando Calvo Espinoza, Santa Aguilar
Gordillo, Carlos Martmnez Camilo and Alfredo
Remigio Medrano have completed more than 100 days
of a hunger strike in demand of "their release"
from the Social Readaptation Center (Cereso) of
Comitan, Chis. The medical and human rights
commission of the Coordination of Non-governmental
Organizations (Conpaz) demand the urgent
hospitalization of these three fasting people, as
well as the rehearing of their cases. They also
denounced that the Minimal Rules to Treat Interns
are not being complied.
After more than three months of public
inactivity, the San Cristobal Civic Front (FCS)
formed by the so-called "authentic coletos,"
announced the resumption of mobilizations in San
Cristsbal to put pressure so that negotiations
between the government and the EZLN may progress
at a faster pace.
JUNE 19
Approximately 200 members of the FCS--most of
them peasants from the rural communities of this
municipality--marched in San Cristsbal de Las
Casas to demand the "restoring of the rule of
law," and make a unity call to protest the lack of
progress in the "theatrical dialogues" held
between the government and the EZLN.
The Democratic State Assembly of the Chiapas
People (AEDPCH) agreed to resume the negotiations
with the federal government through Dante Delgado,
co-coordinator of the Social Welfare and
Sustainable Development Program for Chiapas.
Comandante German and not Subcomandante
Marcos is at the "highest position" in the
structure of the EZLN, according to an
intelligence military report that explains the
urgency of the Federal Army to isolate the rebels
and guarantee the safety of the plants and
facilities responsible for the generation of 30
percent of the electricity and the oil produced
for the country, in January 1994. The number of
EZLN members before December 31, at its best
moment, could well have been 10 thousand.
The President of the Regional Union of Rural
Proprietors, Alfredo Cerdio Sanchez, said that "in
Chiapas some 1,000 properties that have protection
certificates, have been violently occupied,
besides the 70 thousand hectares seized by the
Zapatista guerrillas from their legitimate owners.
This has destroyed the confidence of investors and
producers.
Throughout the year, the Chiapas Fund has
received 50 investment projects, three of which
have been approved and five are under study,
informed industry and business representatives.
Grupo Gutsa made a commitment to immediately send
out to Chiapas a group of analysts to set up the
World Trade Center and start promoting investments
in the state.
With "emergent actions" that comprise a
budget of 263 million new pesos for the so-called
conflict zone and with the participation of the
Federal Army, the government is trying to achieve
what has been unable to achieve at the negotiation
table in San Andris Larrainzar: to bend the
Zapatista Army for National Liberation.
"Supposing that the EZLN accepts to lay down arms
and the government orders a tactical withdrawal of
its Army, it will be vital to guarantee a solid
institutional presence," this according to a
document "Chiapas, emergency actions in the
Caqadas-Tojolabal zone," submitted to the
consideration of the Secretariat of National
Defense since May of this year, in order to
determine its feasibility in terms of security and
anticipate the logistical and social additional
support required by the Army.
JUNE 20
Members of the Public Security and Judicial
police forces in Chiapas recovered today nine
properties in the municipality of Jiquipilas and
arrested 53 individuals on charges of plundering.
Also, the ancient conflict between evangelic
chamulas evicted and orthodox catholic evictors
resurged after several months of clam. Today4s
balance was four Indians "kidnapped," one
delivered to the judicial authorities and the
closing of the most important access roads to San
Juan Chamula and three other municipalities in the
area.
Villagers of the San Juan Rsmulo Calzada
community, in the municipality of Ocosingo,
Chiapas, denounced that "members of the National
Commission for Human Rights at the camp of La
Garrucha, tried to force their leaders to sign a
receipt for 11,000 new pesos."
Ten years ago the government of Chiapas paid
approximately 296 thousand new pesos for 2,156
hectares of the Perseverancia plantation in the
municipality of Tonala, the Superior Agrarian
Court passed positive judgement to a demand of
communal owners from Juan Sabines who had
denounced that the land they were to receive
pertained to the Rubin Marquez Ejido.
Members of the Party of the Democratic
Revolution (PRD), Peasant Torch, and the National
Campesino Coordinator (CNC) were forced to abandon
nine properties of the Jiquipilas municipality by
the sate judicial police and Public Security.
Fifty campesinos were arrested, informed the state
judicial attorney Jorge Enrique Hernandez Aguilar.
Cholera, a disease that had been confined to
the Asian continent and almost a subject of
legends and anecdotes, in the wake of the twenty-
first century represents one of the most important
health problems in the country. Only in 1995,
2,654 cases have been registered in the country,
of which Chiapas and the Federal District account
for the highest number of affected people, with
464 and 262 respectively. This was informed by
Graciela Fernandez Quintanilla, deputy director of
the General Direction of Epidemiology of the
Secretariat of Health (SSA).
JUNE 21
Rosario Ibarra de Piedra, President of the
Eureka Committee (an organization that fights for
the liberation of political prisoners and the
presentation of missing people, announced the
launching of a national campaign for the
liberation of 28 supposed Zapatistas.
During a visit to Santiago de Compostela
(north of Galicia, Spain) Chiapas Bishop Samuel
Ruiz said that since the Zapatista uprising Mexico
"has undergone significant changes." At a press
conference Samuel Ruiz praised the influence of
the Zapatista movement in making the country aware
of the poverty and social underdevelopment in the
country."
Regarding the scope of the Zapatista
revolution, Samuel Ruiz stated that it is not a
local movement but "the expression of problems
common to all regions of the country." He compared
the Zapatista uprising with "the eruption of a
volcano at its weakest layer." The Chiapas Bishop
also stated that citizens are the transforming
elements and not the negotiations between the
government and the Zapatistas." "The civil
society is the real protagonist," added Samuel
Ruiz.
Mexican Church leaders claiming that 80
percent of the national population belong to their
church, met with Secretary of the Interior,
Esteban Moctezuma, to ask the government "to do
what it has to do in Chiapas," although "a
friendly conclusion" could be excluded.
The Mexican Army and the Air Force have
always properly trained their members as "it would
be a mistake not to be prepared for war, which is
our major task," said the Commander of the 31
Military Zone of Rancho Nuevo, Chiapas, Gen.
Daniel Nicabardo Velazquez Cardona. But, "we will
have war if we are invaded, then there will be war
in Mexico," he said.
After two days of meetings with members of
nine "plural organizations," representatives of
the agricultural and rural sectors of the state,
Agrarian Reform secretary Arturo Warman stated "in
Chiapas the agrarian lagging problems will be
solved in 1995."
JUNE 22
Approximately 20 supporters of the EZLN, most
of them French citizens, broke into a conference
room of the Schiller Institute throwing tear gas
and petards to the audience that was attending a
conference on Chiapas dictated by Mexican deputies
Alm Cancino Herrera and Walter Lesn. The Schiller
Institute declared that "the French Zapatistas
resort to terrorist and fascist methods" to
prevent the diffusion of an analysis of the
Chiapas uprising.
JUNE 23
The Secretariat of the Interior ordered the
arrest of Rodolfo Izal Elorz, a Spanish priest,
Jorge Alberto Barsn Gultein, an Argentinian
priest; and Loren Laroye Riebe Star, an American
priest, on charges of performing "illegal
activities that are not authorized by their
migratory status." The three priests are
mentioned as Zapatistas in a list prepared by the
Mexican Military Intelligence back in September
1994.
Searching for "the justice that has been
denied for years," the evangelic community in Los
Altos de Chiapas have formed "civil patrols" to
capture the supposed murderers and those
responsible for violations of the human rights of
their human rights. This decision is a response to
the lack of authority and the complicity of
judicial officials with traditional catholics and
caciques, who violate human rights with entire
impunity.
Civic Alliance is prepared to participate as
organizer of the public consultation convoked by
the EZLN regarding its future as organization,
informed Rogelio Gsmez Hermosillo, representative
of this civil watchdog organization.
Bishop Samuel Ruiz concluded a tour of Europe
where he received political and ecclesiastical
support to the work of the National Mediation
Commission (Conai) in the Chiapas conflict, headed
by Samuel Ruiz.
JUNE 24
The National Directors Board of the
Conference of Senior Religious Superiors of Mexico
(CIRM) expressed a concern on the detention and
expulsion of priests Rodolfo Izars Elors
(Spanish), Jorge Alberto Barsn Gultein
(Argentinian) and Loren Laroye Riebe Star
(American) as they were not given the opportunity
to defend themselves. The priests, members of the
San Cristsbal de Las Casas Diocese, were accused
of performing activities that are not consistent
with their migratory status. This unilateral
intimidatory and authoritarian action against this
diocese, affect the course of the peace process
for Chiapas, discredits the essential mediation
work of Samuel Ruiz and the pastoral labor of his
diocese. But, more important, it is an attempt
against justice and the human rights of the
arrested priests.
The Secretariat of the Interior materialized
the expulsion and return to their countries of
origin of the three priests arrested two days ago
in Chiapas. It was informed that the deportation
of the priests was due to the "proselytism
activities they were carrying out with a clear
participation in matters of domestic policy," and
rejected that this action represents a toughening
of the Mexican government towards the Catholic
Church, the San Cristsbal de Las Casas Diocese or
Bishop Samuel Ruiz Garcma, President of the Conai.
The Mexican Episcopate Conference (CEM)
called it a "discourtesy" of the migratory
authorities against Samuel Ruiz Garcma, the
capture and deportation of three foreign priests
in Chiapas, and warned that the government should
not interfere with matters that are of the sole
concern of the Church because it would be
breaching Constitutional Article 130, as well as
the Regulatory Law of Religious Associations.
With the motto "A flower for the Zapatistas"
hundreds of Spaniards formed a human chain in
support of the struggle of the Chiapas people and
the Dialogue between the EZLN and the Federal
Government. The Solidarity Platform with Chiapas
released a communiqui expressing its full support
of the Conai, headed by Bishop Samuel Ruiz.
JUNE 25
Comandante Fidel, of the Tojolabal
Clandestine Committee has said: "We have been
waiting for a long time, that is why we want the
negotiations to have a good conclusion. If we
rush and everything goes wrong and we accept
anything we are offered, what would be the reason
for so much suffering." He makes an account of
the recent round of negotiations with the Federal
Government: "As we see it according to what we are
told of that part of the Dialogue, we think that
for the substantial stage of the negotiations we
will decide whether to send the same delegation or
a new one. The first thing our delegates comment,
is that the government continues talking to them
in the same arrogant way. "They seem to say 'you
have to do this,' as if their were our bosses.
And we feel sorry for that because we think that
the government does not understand that one of the
reasons we have resorted to the armed struggle, is
precisely the way they treat us."
The EZLN suggested the organization and
promotion structure for the national and
international consultation process proposed last
June 7 and explained that in this referendum--
thought as part of "a comprehensive national
dialogue"--disarming the EZLN "is not subject to
discussion." The EZLN claims that the government
"is not interested in solving the conflict but in
winning it," and that the official part "has
failed to make serious proposals to solve the
fundamental causes of the uprising" and denied
that the armed group has an intention to win in
the negotiations and that since January 1994
"there have been a number of propitious occasions
to promote destabilization" but the EZLN "has not
launched one single action related to these
opportunities to benefit from them."
The detention and expulsion of the three
foreign priests of the San Cristsbal de Las Casas
Diocese, is part of "the low-intensity conflict
taking place in the country for some months now,"
informed the Fray Bartolomi de Las Casas Human
Rights Center. The human rights organization also
said that the Secretariat of the Interior "is
lying when it states that the arrests were made in
strict compliance with the guarantees granted to
foreigners by the law."
Members of the Francisco Villa Popular
Campesino Union, of the Jaltenango municipality,
demanded the destitution of the state judicial
attorney, Jorge Enrique Hernandez, who according
to them is responsible for the lack of
governability in the state. Approximately 150
villistas (members of the Francisco Villa Popular
Campesino Union) marched carrying the coffin of
Rafael Culebro Alvarado and placing it in front of
the government building in protest for the lack of
justice in Chiapas.
The peace negotiations in Chiapas are not
subject to contingencies like the deportation of
the three foreign priests, although the
credibility of the State is diminished both
locally and internationally, said the San
Cristsbal de Las Casas Bishop, Samuel Ruiz Garcma.
The deportation, he added, was deplorable for the
authority itself as it proceeded without the
required information.
"Inducing Indians to take money from others
to distribute it among their people," "promote the
occupation of properties," and "preaching on
national politics," were some of the charges made
by the Mexican government against the three
foreign priests expelled last June 23, informed
the San Cristsbal de Las Casas Diocese. In a
press release, Bishop Samuel Ruiz Garcma stated
that the Spanish priest Rodolfo Izal narrated that
some minutes prior to his deportation he was asked
the following questions: "What does Liberation
Theology mean?, ?What does Indian Theology mean?,
what is your relationship with other Spanish
priests in Latin America, specially in Colombia?"
The PRD (Party of the Democratic Revolution)
municipal committee of Tila, requested the
intervention of the Fray Bartolomi de Las Casas
Human Rights Center to halt the series of
aggressions by members of the Federal Army, of the
PGR (Office of the Attorney General), of Public
Security and of the state Judicial Police, as well
as to denounce these actions to President Zedillo.
According to members of the Pace and Concord
Commission (Cocopa), the expulsion of three
catholic priests was an inopportune action of the
government that will have an impact on the peace
talks in San Andris Larrainzar. They stated that
the expulsion of the priests was an "error" of the
National Migratory Institute.
JUNE 26
The "unexplainable" expulsion of the three
foreign priests "is a sign of the tough methods
applied in the country" said Bishop Samuel Ruiz
Garcma. Ruiz added: "with these methods they are
trying to go back to the first days of 1994 when
they claimed that foreign persons were behind the
conflict" in Chiapas. The Bishop insisted that
charges against these priests were not as claimed
by the Mexican authorities, but the real reasons
are that we are bound to walk in search of justice
which is the only way to reach true peace."
JUNE 27
Catholic Indians from Sabanilla organized a
pilgrimage to the municipal capital of San
Cristsbal de las Casas, to protest for the
expulsion of their priest, the Spanish Rodolfo
Izal and to demand his return. Also, the Diocese
of San Cristsbal regretted the position of the
papal ambassador Girolamo Prigione and of other
Mexican bishops regarding the deportation of the
three foreign priests as "the expulsion itself and
the way it was accomplished, affects no only the
San Cristobal Diocese but all the Catholic Church
as institution because it means a restriction to
its pastoral work."
The Justice and Peace Vicar Gonzalo Ituarte,
condemned the fact that some bishops and the papal
ambassador in Mexico, "accept as good a fait
accompli ." He added that at least they could talk
to the incumbents, particularly Bishop Samuel Ruiz
who is responsible for the priests of that
Diocese." The Dominican priest informed that the
Secretariat of the Interior had promised to send
an officer to the Diocese to explain charges
against Loren Riebe (American), Jorge Barsn
(Argentinian) and Rodolfo Izal (Spaniard) deported
last June 22.
Approximately three thousand campesinos from
13 communities in the municipalities of Venustiano
Carranza and Socoltenango, decided to remain in
front of the main entrance of the government
house, to demand the allocation of resources of
the Pronasol program and protest for the
deportation of the three foreign priests. One of
these priests was in charge of the parish of
Venustiano Carranza. The Emiliano Zapata Campesino
Organization (OCEZ) and members of the Indian
Community Casa del Pueblo, condemned the
"repression" by the federal and state authorities
for the "illegal arrest and deportation of the
three priests, on June 22, on charges of
supposedly promoting and encouraging land
invasions and confrontations."
CIVIC ALLIANCE AND THE EZLN'S INITIATIVE
TO ORGANIZE THE NATIONAL CONSULTATION
On June 7, 1995, the Zapatista Army for
National Liberation (EZLN) publicly invited the
watchdog organization Civic Alliance (Alianza
Cmvica) to help in the organization of a national
consultation process that may contribute to the
solution of the conflict in the state of Chiapas.
After a comprehensive discussion among the
various organizations that form up Civic Alliance,
on June 19 some agreements were reached. These
agreements are contained in a July 19 document
sent to the EZLN. Three points are worthwhile
outlining:
1. The willingness of Civic Alliance to
participate in the consultation process
because it could contribute to attain peace
and democracy.
2. It was deemed indispensable to separate
organization from promotion. This is, Civic
Alliance would be the sole responsible for
the organization part.
3. It is necessary to adjust some of the
questions proposed by the EZLN.
In a written communiqui signed by
Subcomandante Marcos, dated June 20, the EZLN
General Command explains its position in this
regard. It is important to refer to some essential
parts of this communiqui:
1. The rebel movement grants great importance to
the consultation. In their words "the best
proof of our willingness to reach a political
solution, this is, a dignified peace, is this
call to participate in a national
consultation. We are not calling to war. We
are asking...to walk. To participate in this
consultation is to contribute to a political
solution to this war, it is to participate in
the fair and dignified peace that we believe
to deserve."
This consultation is so important to them
that they say "we need to know these answers
so we can decide what our attitude will be in
the negotiations with the government."
2. The EZLN admits high credibility to the work
of Civic Alliance, a watchdog organization
considered to be both impartial and
professional. In another paragraph of their
communiqui, they explain why Civic Alliance
was invited to organize the consultation:
"What has made us take the decision to invite
you is... your history. We have 'read' there
is ethics in it. I know the word 'ethics'
has a lot of meanings and most of the time,
an unaccustomed object in the 'new world'
being imposed on us. But to us, it means
'honesty' which is something not very
frequent these days in this land. There are
also other elements a lot more important than
computers: impartiality and credibility... We
want to know the true about these questions.
We do not want you to present a reality to
our desire and convenience. We know that
from you will come real results, although we
may not like them."
3. Finally, the EZLN accepts a full autonomy for
Civic Alliance to organize the consultation
process. In its communiqui, they "accept
that Civic Alliance becomes the National
Organizing Commission for the Consultation...
This means that CA would have entire autonomy
and independence to organize the
consultation. The organization chart and the
working procedures will be determined by
Civic Alliance according to their criteria."
It is evident the enormous responsibility of
Civic Alliance, somehow complicated by the short
time available and the lack of economic resources.
According to various criteria the best moment for
the consultation would be the month of August and
the goal is to install 10 thousand voting tables
(five thousand in urban centers and five thousand
in rural areas) where, based on prior results
obtained, approximately three million Mexicans
would express their viewpoints. Civic Alliance
has the technical and logistic capacity to
organize this consultation. We only need the
required financial resources.
Civic Alliance National Coordination
RIGHTS OF THE INDIAN PEOPLES: CONSTITUTIONAL AND
LEGAL RECOGNITION
Ma. Magdalena Gomez Rivera
(Synopsis of the speech given at the ceremony held
to accept her membership in the Mexican Academy
for Human Rights, June 16, 1995)
In a brief panorama we have that after the
Spanish invasion, the indigenous peoples have
lived under a permanent violation of their rights.
During the advanced colonial society, the original
inhabitants of what we now call Mexico,
experienced a decrease in their normativity.
By being violently incorporated into a new
social organization they lost their territory,
their administrative and political organization,
their beliefs, and over the remains of their
civilization, new forms of dominations were built
that gave legitimacy to a regime based on the
violation of the individual and collective rights
of these peoples, today called Indians.
The liberal purpose of creating an
homogeneous nation and a unitary State, with
territorial and administrative delimitations
overlaying the social groups that had succeeded in
maintaining a plural character, was the result of
the rupture of the colonial regime and the advent
of a national juridical order.
If we start from the classical idea of
Nation-State, we find that this was structured
around a juridical equality that ignores diversity
to promote the ideal of homogeneity, thus
promoting the substitution of cultural features by
those considered to be national.
Rebellions and resistance actions show a
clear rejection of this policy and has resulted in
a number of forms of ethnic destruction by
attempting against the indigenous groups. If
these ethnic groups exist today it is thanks to
the resistance to accept the imposition of a
culture with a pretension of juridical equality.
As we all know, the classical concept of
Human Rights defines as incumbent the person,
regardless of his/her sex, race, skin color or
religion. This concept has been expanded to the
collectivity. This is, it now includes those
rights that must be accepted and implemented to
guarantee the existence of the indigenous peoples.
One of these is the right to own a territory,
as only with its own territory a human group can
put into practice its cultural patterns, and have
the opportunity of maintaining a relationship with
their universe, their nature, their art
expressions, their beliefs, and their own history.
However, by precluding this form of
expression, a clear 'ethnocidal' practice is
applied, resulting in a number of languages
extinguished together with an entire system of
knowledge, values, myths and rites.
RECOGNITION OF THE INDIGENOUS RIGHTS
In 1989, the only specific indigenous
legislation was the set of laws passed in 1948,
resulting in the creation of the National
Indigenist Institute (INI). But it was not until
January 28, 1992 that the indigenous peoples were
included in the Constitution of the Mexican United
States, although only in the agrarian aspect.
Future constitutional laws incorporating the
rights of the Indians, should promote a right of
multi-cultural nature that eliminates the
temptation to segregate and marginate these groups
through mechanisms distant from a global society.
The precision of these aspects will allow to
support the right to self-determination and the
exercise of an autonomous governance for the
indigenous people in the context of a
Multi-cultural State.
On the other hand, much is said of the
addressees of the protection, preservation,
development and promotion of indigenous rights,
but first we must define who the Indians are. In
this regard, Agreement 169 of the International
Labor Organization (ITO) explains that Indians are
those tribal peoples living in independent
countries and follow, totally or partially, their
own customs and traditions, or that are subject to
a special legislation.
We must not forget that if we talk of
collective rights, some people have suffered
segregation, basically expressed in a migration
for economic reasons. We should also approach the
situation of indigenous groups that live outside
of their territory but wish to maintain their
identity and the links with their original people.
TERRITORIAL PROTECTION
The concept of territory is key to the
delimitation and recognition of the rights of the
indigenous peoples. It refers to the geographical
space under the historical and cultural influence,
as well as the political control of a human group.
This concept of territory is different from that
of the mere possession of land.
Changes to Article 27 invite to a reflection
in this sense as, among other things, it set the
basis for the land to be part of the market and be
subject to the law of offer and demand. The
incorporation to the market and the world of civil
and mercantile rights, grants the faculty to rent,
sell or enter into a joint venture.
At this point it is necessary to mention that
Fraction VII of the new Article 27, guarantees the
protection of the Indian territories. However,
the advocates of the free trading of land should
be warned that the conditions of extreme poverty
of these communities, as well as the serious
internal divisions, encourages the sale of the
land to solve urgent problems. Thus there is no
other way to protect the land of the indigenous
people but defining a state of exception to the
new Article 27, so that the concept of social
property be recognized in the case of the Indian
communities.
COMMUNITY, MUNICIPAL AND REGIONAL AUTONOMY
The International Pacts for Civil and
Political Rights and for Economic, Social and
Cultural Rights establish that every nation has
the right of self-determination. This right gives
them the opportunity to freely decide on their
political system, and state their right to
economic, social, and cultural growth.
The effective exercise of this right
guarantees the preservation and development of
Indian groups. Now, if we agree that the basic
demand of these human groups is their self-
determination and that to this end full autonomy
is required. The discussion is about the level of
that autonomy. Contrary to this, some claim that a
community does not have the capacity to
politically develop and that it is more important
to recognize regional rights above the
municipality.
Nonetheless, if we want to be consistent with
multi-culturalism, we must keep in mind the
diversity of conditions of the Indian groups. No
particular model or pattern must be imposed on
them and we must neither forget the rights and
interests of the non-indigenous groups and of the
society as a whole.
POLITICAL REPRESENTATION OF THE INDIAN PEOPLES
One of the most important problems about the
relationship of communities with the State and
political parties, is the exclusion at all levels
of government. The lack of constitutional
recognition of the forms of organization, leads to
the imposition of an alien scheme.
Apparently traditions are respected, but
recently it has been demanded that such practices
are included in the electoral law and that
candidates proposed by the communities,
independent from the political parties, be
accepted.
Indian leadership demands a space of
participation in the Local and Federal Congress.
Some mention the possibility of creating a special
district to be able to break through the exclusion
ring.
Another proposal would be to adjust the
current electoral districts so the Indians may
have the opportunity to choose and vote for a
candidate of their own. In any case, parties
remain as the only route of access to
representation, but this is unfamiliar to the
indian peoples and creates divisions.
CONCLUSION
In short, the Indian subject presents a wide
range of juridical problems interconnected in the
unique political circumstance in our country (the
Chiapas factor) that must be taken into
consideration at proposing constitutional and
legal reforms. It is the responsibility of the
entire society to contribute to a constitutional
and legal discussion where the relationship
between the Indian Peoples and the State remains a
pending subject.
MEDIA MONITORING REPORT
JUNE 12 - 23, 1995
The results of the monitoring of the Chiapas
conflict coverage by the following news programs,
for the week of June 12 - 23, 1995 are presented:
Televisa's 24 Horas, Televisisn Azteca's Hechos,
Multivision's Para Usted, and National
Polytechnical Institute Channel 11's Enlace.
Over this period, the notes related to the Chiapas
conflict presented by the different news programs
were as follows:
1. The end of the third round of negotiations
between the government's delegation and the
representatives of the Zapatista Army for
National Liberation (EZLN), held at San
Andris Larrainzar.
2. Statements by the participants in the third
negotiation.
3. Statement by President Ernesto Zedillo to a
group of cattle breeders representatives,
confirming that in Chiapas the rule of law
and legality will prevail.
4. The announcement made by the National
Mediation Commission (Conai) that efforts
will be intensified in an attempt to speed up
negotiations between the federal government
and the EZLN.
5. Meeting between Marco Antonio Bernal,
Coordinator of the government's delegation,
and the Secretary of the Interior, Esteban
Moctezuma and the bishops of the Mexican
Episcopate Conference.
6. Arrest and deportation of three foreign
priests of the San Cristsbal de las Casas
Diocese, on charges of illegal conduct, i.e.,
incitation to land takings and involving in
proselytism activities.
7. Declarations of the San Cristobal Diocese,
asking the Mexican authorities to cancel the
measure.
Total time given to the Chiapas conflict news
was low if compared to prior weeks: in the week of
June 12-16, total time was 20 minutes and 54
seconds, while in the week of June 19-23, total
time decreased to 11 minutes and 14 seconds.
Regarding each particular news program, during the
week of June 12-16, Hechos devoted more time to
the Chiapas conflict: seven minutes and 24
seconds; 24 Horas was second with seven minutes
and 15 seconds; para Usted and Enlace gave the
Chiapas conflict three minutes each. As for the
week of June 19-23, 24 Horas dedicated five
minutes and 12 seconds to the Chiapas news; Hechos
four minutes and 48 seconds, while Enlace and Para
Usted, gave it less than one minute each.
With respect to specific actors, the
Secretariat of the Interior received the highest
time: in the week of June 12-16, it got four
minutes and 48 seconds; while the EZLN received
three minutes and 23 seconds. Over the period of
June 19-23, the Ministry of the Interior was given
six minutes and 12 seconds. The Catholic Church
was also an important actor with two minutes and
45 seconds. The times for the first week reported
are explained by the closing of the dialogue in
San Andris Larrainzar, while the second week was
dominated by the deportation of the three foreign
priests. In general, news coverage was minimal
for the other actors. The most recent events in
the country took most of the time in the four news
programs.
Regarding net voice and image time, total
time for the week of June 12-16 was seven minutes
and three seconds. The two main actors were the
Secretariat of the Interior with one minute and 32
seconds, and the Concord and Peace Commission
(Cocopa) with one minute and 41 seconds. The EZLN
was given only 41 seconds. As for the week of
June 19-23, total time was one minute and 44
seconds. President Zedillo got 87.28 percent of
that time. The rest of the time was granted to
Other authorities. It is important to mention
that a sharp decrease in time was observed.
It should be noted that once again Hechos
allowed voice and image presence of persons openly
criticizing the EZLN. On June 16, this news
program presented an interview with Jose Luis
Camacho, political analyst and columnist. Camacho
repeats some statements made by other critics of
the EZLN; for example, he states that the
appointment of Norberto Rivera Carrera as Arch-
bishop of Mexico City represents a "hard blow" on
Bishop Samuel Ruiz. Also, Camacho insinuates that
the problems of the Indians in Chiapas is not the
main flag of the EZLN, and that there was an
agreement between former Peace Commissioner Manuel
Camacho Solms and Subcomandante Marcos. Finally,
regarding the source of financing for the EZLN,
Jose Luis Camacho links it with the conflict of
Ruta 100, drug dealing, Mario Ruiz Massieu, and
probably European organizations.
Total time given by four television news programs
to the major actors in the Chiapas conflict (June
12-16, 1995).
Total time given by four television news programs
to the major actors in the Chiapas conflict (June
19-23, 1995).
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