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Violence against Human Rights Defenders in the south of Mexico Silenced Peace Brigades International Mexico Project Mexico Project Informative Bulletin. Special Edition: Ayutla – May 2009 Silenced

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Peace Brigades International (PBI) has maintained an international presence in the municipality of Ayutla de los Libres, Guerrero since 2003, accompanying indigenous organizations and human rights lawyers who suffer serious threats as a result of their work to defend fundamental rights. With this special bulletin, PBI intends to provide information regarding the particularly difficult situation faced by human rights defenders in Ayutla.

TRANSCRIPT

Page 1: Bulletin 26 - Silenced - May 2009

Mexico Project Informative Bulletin. Special Edition: Ayutla – Mai 2009

Violence againstHuman Rights Defenders in the south of Mexico

Silenced

Peace Brigades InternationalMexico Project

Mexico Project Informative Bulletin. Special Edition: Ayutla – May 2009

Silenced

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Peace Brigades International (PBI) hasmaintained an international presencein the municipality of Ayutla de losLibres, Guerrero since 2003, accompa-nying indigenous organizations andhuman rights lawyers who suffer seri-ous threats as a result of their work todefend fundamental rights.

Throughout these years PBI has wit-nessed the efforts of the organizationsin Ayutla to implement the UniversallDeclaration of Human Rights, and theiraccomplishments in this arena.Unfortunately, PBI has also witnessedthe assassinations, disappearances anddeath threats to members of theseorganizations, attacks that aim to putan end to the human rights defensework in the region.

With this special bulletin, PBI intendsto provide information regarding theparticularly difficult situation faced byhuman rights defenders in Ayutla, de-fenders who, time and time again facethreats to their physical and psycholo-gical integrity. The Tlachinollan HumanRights Center and the Organization ofIndigenous Me'Phaa People (OPIM),both organizations accompanied byPBI, currently find themselves in a par-ticularly serious situation. The tensionin Ayutla has increased precisely at atime in which these organizations

have achieved important advances inthe search for justice through theInter-American Commission on HumanRights (IACHR); an entity that the OPIMand Tlachinollan turned to as a resultof the impunity that prevails in casesof serious human rights violations ofthe indigenous population in Mexico.

In this publication we also look at thecriminalization suffered by membersof the OPIM, as well as the recentdisappearance and assassination ofthe main leaders of the Organizationfor the Future of the Mixteco People(OFPM). Reportedly, this series ofattacks is part of a strategy to put anend to the human rights defense workin Ayutla.

On February 10, 2009 before the UNHuman Rights Council, the Mexicanstate agreed to protect, recognize andsupport Mexican human rights defen-ders by providing the security condi-tions necessary for their work, and bypublicly recognizing their labor. In thisway, Mexico has shown its commit-ment to work towards a more effectiveimplementation of the United NationsDeclaration on Human RightsDefenders which was approved justover ten years ago. However, in Ayutlacrimes against human rights defenderstake place in complete impunity. !

Contents3 Characteristics of the

municipality of Ayutla

4 Human Rights Defenders inAyutla

5 Rape of indigenous womenunder review by the Inter-American Commission onHuman Rights

6 The criminalization ofindigenous community-basedorganization

8 Threats and aggressions againsthuman rights defenders

10 Work of international humanrights entities in Ayutla

11 Recommendations

Cover Photo:Funeral for the leaders of the Organizationfor the Future of the Mixteco People (OFPM)assassinated in February 2009. Photo: PBI

Editor’s note

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The state of Guerrero, in the south-west of Mexico, has a population of3,115,202 inhabitants and an indige-nous population of about 390,000people. The striking rates of povertyand marginalization in the state havea particularly serious effect on theindigenous communities. Illiteracyamong the indigenous populationclimbed as high as 39.7% in 2005.1

The municipality of Ayutla belongs tothe Costa Chica, one of the 7 territo-rial divisions in the state of Guerrero.Historically, it is known as the placein which the Plan Ayutla was elabora-ted in 1854, a political statement cre-ated with the goal of abolishing thedictatorship led by Santa Ana, thenpresident of Mexico, elaborating anew constitution, and putting an endto the centrist government.

Currently, Ayutla shares many similarcharacteristics with other indigenousmunicipalities in the south ofGuerrero, and suffers from high ratesof poverty and marginalization.Ayutla has a population of 55,350inhabitants, and of these, 15,760belong to the Na savi and Me'phaa(Mixteco and Tlapaneco) indigenouscommunities. Almost one-third of thispopulation (4,546 people) does not

speak Spanish. The NationalCommission for the Development ofIndigenous People in Mexico (CDI),reports that the level of marginaliza-tion in this locality is very high.2

Most recently, the municipality hasmade headlines in the press in Mexicoand is well-known amongst the inter-national human rights community asa result of the serious attacks sufferedby human rights defenders.

Ayutla is one of the municipalitiesthat receives the most public moneyin the region, mainly due to the highlevels of poverty that particularlyaffect indigenous communities, butalso due to the public developmentresources that this community recei-ves as a result of the El Charco mas-sacre. The poor use of these statefunds, and the transfer of theseresources for the benefit of people lin-ked to the municipal government, has

registered numerous complaints byindigenous organizations, includingcomplaints of embezzlement bymunicipal authorities. After the ElCharco massacre in 1998, the indige-nous communities in Ayutla and thesurrounding municipalities registeredan increase in the presence of theMexican Army in the region. Sincethen, there have been repeated com-plaints about the behaviour of thearmy units who have been known toinvade communities, commit sexualabuses, rob money and food, andinterrogate the people about the alle-ged presence of armed groups anddrugs. While the Department ofNational Defense justifies the army'spresence in the region as part of thefight against drug trafficking, thecommunities report that the increasedmilitarization has caused additionaleffects on the community, includinginternal divisions and intra commu-nity violence.3 There are also reportsthroughout the region of armed civi-lians who have links to the army andpolice entities.4 !

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On the morning of June 7, 1998, in theEl Charco community, which is part ofthe municipality of Ayutla de losLibres, the Mexican army surroundedthe »Catarino Maldonado« primaryschool where a group of people weresleeping. According to the survivors,the army killed eleven people, injuredanother five and detained 22, five ofwhich were underage. The detaineeswere transferred to the army base ofthe Ninth Military Region where theywere held for two days and wherethey report being tortured. Reportersand NGO’s were prohibited from ente-ring the scene of the crime for twodays. Among those assassinated werea student from the UNAM, and accor-ding to the Revolutionary Army of theInsurgent People (ERPI), four mem-bers of this guerrilla group. The state

presented the situation as a confron-tation between the army and theguerrillas Several members of theOIPMT who were detained during theEl Charco massacre were assassinatedlater by paramilitary groups: GaldinoSierra Francisco, from Barranca deGuadalupe, member of the EclesialCommunities in April 2000, Donacia-no González Lorenzo, in January 2001,and Andrés Marcelino Petrona,Mixteco leader from El Charco andmember of the Human RightsDefense Committee in August 2001.Mixteco leader Raúl Lucas' cadaverwas found on February 20, 2009.

La Jornada, Opinión, February 24,2009 (www.derechos.org/limeddh/doc/charco.html).

Characteristics of the municipality of Ayutla

1 Information from the XII General Censusof Population and Housing, from the year2000, elaborated by the National Instituteof Statistics, Geography and Computing(INEGI) and the II Population and HousingCount from the year 2005, using the CDI'smethodology to estimate the indigenouspopulation.

2 Idem.3 La Jornada Guerrero, January 30, 2007.4 El Sur, September 19, 2007.

Fortunato Prisiliano and Inés FernándezOrtega’s corn crops damaged by the militaryin February 2009

Alejandra González Marín fromTlachinollan with Valentina Rosendo

Cantú and Obtilia Eugenio Manuel

Indigenous Me'phaa communities oppose military presence in February 2009.

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Indigenous Organizations in AyutlaIn their search for solutions to thepoverty and marginalization in theindigenous communities, the Inde-pendent Organization of the Mixtecoand Tlapaneco People, OIPMT, wasformed in the municipalities of Ayutlaand Acatepec. Originally members ofthe OIPMT, the Organization for theFuture of the Mixteco People (or Nasavi) and the Organization for theIndigenous Me'phaa People (orTlapaneco), OPIM, were formed in2004 to better attend to the two indi-genous populations who speak diffe-rent languages.

The OPIM and the OFPM work todefend and promote the fundamentalrights of the Me'phaa and Na savicommunities. One of their goals is toput an end to the cycle of impunityby demanding justice for humanrights violations which are attributedto public servants, including statesecurity forces. One emblematicaspect of the work of the OPIM hasbeen the support given to two indige-

nous women who suffered sexualassaults and interrogations about thealleged presence of guerrilla groups inthe region. Inés Fernández Ortegaand Valentina Rosendo Cantú, sup-ported by women leaders of theOPIM, presented complaints to theMexican justice system and the Inter-American Commission on HumanRights1 against members of the armyand demanded an investigation intothese incidents.

The OPIM and the OFPM have for-mulated proposals and expressedtheir demands with the goal of impro-ving infrastructure and basic publicworks to the communities in order toimprove communication, medicalattention, and education. They askfor an equal distribution of economicresources designated to infrastructureprojects in the communities, so thatall of the population in the municipa-lity has equal access to basic services.

These organizations have also impro-ved economic development in theregion by carrying out productiveprojects and denouncing the irregularexploitation of the forests, especiallyin the Na savi communities.

Tlachinollan’s work with theorganizations in AyutlaFollowing the El Charco massacre in1998, both Mexican and internatio-nal non-governmental human rightsorganizations began to look closer atthe situation in Ayutla. In theirdemands for justice, the indigenousorganizations in Ayutla came in con-

tact with several of them. A closerelationship was established with theTlachinollan Human Rights Center,which was founded in 1994 in Tlapade Comonfort, Guerrero, with thegoal of working toward a respect forhuman rights in the Montaña regionof Guerrero. Tlachinollan opened anoffice in 2003 in Ayutla in order towork closely on cases in the CostaChica of Guerrero.

The lawyers from Tlachinollan provi-de legal support as part of their inte-gral defense program for cases thathave been reported by the OPIM andthe OFPM, providing national andinternational visibility for these casesby way of the media and the justicesystem. Tlachinollan carries out thelegal work for the sexual assaults suf-fered by Inés Fernández Ortega andValentina Rosendo Cantú, as well asfor the repeated death threats to theleaders of the OPIM. They also provi-ded legal representation for the inha-bitants of the El Camalote commu-nity who were victims of forced steri-lization by the Guerrero State HealthDepartment in 1998.2 In most recentmonths, Tlachinollan defended the 15members of the OPIM who havearrest warrants against them, inclu-ding the defense of five who wereincarcerated. Now, due to the assassi-nations of the president and secretaryof the OFPM in February 2009,Tlachinollan is providing legal repre-sentation to the families of the victimsin their demands for justice. !

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Human Rights Defenders in Ayutla

1 This information was collected from seve-ral interviews between PBI and ObtiliaEugenio Manuel and Andrea EugenioManuel in 2006 and 2007, and from theeigth and ninth annual reports byTlachinollan, 2001 - 2003.

2 CIMAC Noticias, January 16, 2008[http://www.cimacnoticias.com/site/08011611-Guerrero-indigenas.31741.0.html].

3 Interview with Mario Patrón, Julio 24, 2007.Mario Patrón is no longer part of the legalteam at Tlachinollan.

»The mechanism (integral defense)involves working on specific, emble-matic cases, that exemplify bothhuman rights violations in Mexico,and the structural causes that lead tothese human rights violations.Integral defense involves a multidisci-plinary approach to resolve the situa-tion and to work towards true fulfil-ment of these rights. Legal tools aloneare not enough when it comes toworking towards justice, since onehas to go to the same state apparatusthat is created with the same logicthat violates human rights.Accordingly, if we do not use legaltools together with political pressure,meetings with authorities, pressurewith the media, construction of natio-nal and international alliances, andthe local organizations, it will be verydifficult to gain access to justice.«3

Mario Patrón – Lawyer from theTlachinollan Human Rights Center.

Meeting of representatives from theGerman and French embassies withthe OPIM and Tlachinollan in Ayutla,April 17, 2009

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Among the human rights violationsthat have been reported in the region,of most noted are the sexual assaults

of indigenous women.1 According toinformation from Tlachinollan andthe OPIM, many of the women thatsuffered rape have not wanted toreport these incidents to authoritiesfor fear of reprisals or marginaliza-tion within their communities.2 Theseattacks, which have serious conse-quences in indigenous communities,lead to the break-up of families andcommunities. Women have foundthemselves forced to face the militaryon several occasions, even kickingthem off their land in order to protectthe physical integrity of both themsel-ves and their communities.

At 24 years of age, Inés FernándezOrtega reported being raped by sol-diers in her home in the communityof Barranca Tecuani, on March 22,2002. Her case was presented in June2004 to the Inter-AmericanCommission on Human Rights, toge-ther with that of Valentina RosendoCantú who at 17 years old also suffe-red a sexual assault in the communityof Barrranca Bejuco. On October 12,2007 they went to Washington D.C.for a public hearing with the IACHR.Four months later, LorenzoFernández Ortega, Inés Fernández’brother and member of the OPIM,

was kidnapped and killed. His bodywas found with visible signs of tortu-re on February 9, 2008. The investi-gations into this assassination havenot clarified who might be responsi-ble for this crime. At the end of 2008,the IACHR issued their conclusionsregarding the case of Inés Fernández,which is now waiting a response fromMexico.

The accusations of rape by InésFernández Ortega and ValentinaRosendo Cantú against members ofthe Mexican army were reviewed bythe Mexican military justice system,which determined that the cases fellwithin their jurisdiction. The victimspresented appeals regarding this deci-sion, stating that their right to dueprocess was being violated, anddemanded that the crimes be judgedin a civil court. The appeals wererejected and subsequently the militaryjustice system concluded its investiga-tion by filing away the cases, allegingthat there was a lack of evidence. InDecember 2006, the IACHR acceptedthe cases of Inés Fernández Ortega(Case 12.580) and Valentina RosendoCantú (Case 12.579). TheCommission released the final reportfor Inés’ case in November 2008, andis awaiting a response from Mexicoregarding the recommendations inthis report.

At the beginning of February 2009,Inés Fernández and her family feltdefenseless and were concerned dueto the presence of army units parkedin their community. They reportedthat several soldiers intruded on theirland, stole part of their harvest anddamaged the rest.12 !

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Rape of indigenous women underreview by the Inter-AmericanCommission on Human Rights

1 Mexico: Indigenous Women and MilitaryInjustice, Amnesty International, November2004.

2 PBI Interviews with Obtilia EugenioManuel and Andrea Eugenio Manuel in2006 and 2007 and the eigth and ninthannual reports by Tlachinollan in the years2001 and 2003.

3 Interview with Inés Fernández Ortega withCimac Noticias, March 24, 2009[http://www.cimacnoticias.com/site/s09032403-ENTREVISTA-No-se-q.37064.0.html ].

4 Information collected by PBI and informa-tion from Inés Fernández Ortega’s inter-view with CIMAC Noticias, March 24,2009.

Mario Patrón, Obtilia Eugenio, InésFernández, and Valentino Rosendo atthe Inter-American Commission onHuman Rights in Washington, D.C.[CDHM Tlachinollan]

»I was raped by soldiers, last year theykilled my brother Lorenzo, a memberof the Organization of IndigenousMe'phaa People (OPIM) and who hassupported me this whole time withmy case. In addition, the only brotherI have left, Ocotlán, and my husband,have received death threats, two ofmy nephews who are members of theOPIM were unfairly incarcerated. I livein fear for my children and for myself,I do not know what else the govern-ment wants, the only thing we haveasked for is justice (…). I filed thesereports due to the strength and sup-port I received from my family, espe-cially my brother Lorenzo, because Iknow that there are many womenwho are raped and don't report it outof fear, they say »they have guns«,»the government has sent them«,»it's easy for them to kill you« – that’swhat the men and women think inthe community and I want them tochange, so that they will also file acomplaint when their rights are viola-ted.«11

Inés Fernández Ortega, member of the OPIM and rape victim

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According to different organizationsfrom Mexican civil society, threatsand criminalization against membersof indigenous organizations, commu-nity leaders and human rights defen-ders are a common practice in thestate of Guerrero. Human rightsdefenders and their families are theobject of attacks against their lives,intimidations, slander, and unfoundedaccusations of criminality, all ofwhich take place in a context thatfails to investigate who is behindthese actions. Civil society organiza-tions face the dilemma of stoppingtheir activities due to the fear ofreprisals, or to continue with theirwork and live with this level of pres-sure. According to this logic, the statedenies individuals the right todenounce human rights violations,and questions the moral integrity ofthose who do file complaints. Thisonly adds to the impunity with whichcrimes are committed and which pro-tects public servants.1

In 1996 and 1997 Ayutla was belie-ved to be the focal point for recruit-ment for guerrilla groups, which,according to Tlachinollan, has madethe government believe that any com-munity-based organization in Ayutlaby the indigenous population is sub-versive.2 Since 1996, Tlachinollan hasdocumented numerous cases in whichcommunity leaders who were mem-bers of the OIPMT have been unfairlyaccused of belonging to armedgroups, kidnapping gangs, or accusedof crimes like homicide or drug traf-ficking. These accusations led to aparalysis of the activities of leaderswho feared incarceration for crimesthey did not commit. The OIPMTreported attacks against their mem-bers, combined with the presence ofthe military and armed civilians whocarry lists of names, which they usedto inquire about the members of theorganization.3 Obtilia EugenioManuel, president of the OPIM,reports that these actions continue totake place.

Detentions and arrest warrantsagainst members of the OPIMOn the April 15, 2008, fifteen mem-bers of the OPIM were accused of themurder of Alejandro Feliciano García,which allegedly occurred on January 1,2008. Among the accused areCuauhtémoc Ramírez, who receivesPBI accompaniment and was pre-viously President of the OPIM, relati-ves of Inés Fernández Ortega, whose

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The criminalization of community-based organization

Raising the cross for Raúl Lucas in Marzo 2009

Lawyers Vidulfo Rosalesand Rogelio Téliz fromTlachinollan leave the pri-son in Ayutla following avisit with the prisoners ofconscience from the OPIMin March 2009.

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rape is under review by the Inter-American Commission on HumanRights, and Orlando ManzanaresLorenzo, representative of the fourte-en sterilized men from El Camalote.

Five of the accused were arrested onApril 17, 2008. Lawyers fromTlachinollan lodged an appeal with afederal judge which was granted onOctober 20th on behalf of four of thedetainees in light of the lack of evi-dence against them. Their liberationwas delayed for five months becausethe National Attorney General'sOffice appealed the original findingsof the federal judge. Finally, the origi-nal appeal findings were upheld andthe four members of the OPIM werefreed on March 18, 2009. RaúlHernández remains imprisoned. Hisappeal was denied since two witnes-ses testified to have seen him at thecrime scene when the victim was shot.Still, the remaining 10 who wereaccused could be detained at anytime. To avoid this, and to prove theirinnocence, Tlachinollan lodged appe-als on behalf of these ten peoplewhich are still awaiting resolution.4

Amnesty International has carefullyreviewed the case and has come tothe conclusion that the evidenceagainst the prisoners was fabricated.Amnesty also considers that the pro-ceedings against them are due to their

activities to promote human rights intheir community. As a result, theywere declared prisoners of conscienceon November 11, 2008.5

The OPIM and Tlachinollan believethat there is an intention to criminali-ze the members of the OPIM, andthat any excuse has been used to thisend. They report that the arrestwarrants were filed shortly after theevents that occurred on March 31,2008, when four police officers and acivilian were assassinated while trans-porting public money on a road fromAyutla to the community of ElCamalote. The next day, theMinisterial Investigative Police (PIM)

searched the home of an alleged wit-ness and tortured one of his relatives.While he was being tortured, he wasasked about OPIM leadersCuauhtémoc Ramírez and ObtiliaEugenio Manuel, insinuating thatthey were responsible for the assault.6

A few days later the investigation intothe homicide of Alejandro FelicianoGarcía was reopened (after havingbeen closed since January). Fourmonths after the murder an autopsywas carried out and fifteen arrestwarrants against leaders and membersof the OPIM were filed. !

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1 Tlachinollan Human Rights Center,Tejedores de Esperanza. XI report, Tlapa,June 2005 - Mayo 2006, p. 74 and 79.

2 PBI México, Human rights defenders in thestate of Guerrero, December 2007, page. 35[http://www.pbi-mexico.org].

3 Tlachinollan , Eigth Annual Report: El quie-bre de la Justicia, June 2001 - May 2002 [http://www.tlachinollan.org/dhginf/dhginf_08.pdf].

4 On April 21, 2009, the Eigth District Judgein Acapulco granted an appeal on behalf offive of the remaining ten arrest warrants.

5 Amnesty International, Press Release,CPAIMX/31/2008, November 11, 2008.

6 According to information from theTlachinollan Human Rights Center, YeseniaTórnez reported this torture and filed acomplaint with the State Human RightsCommission of Guerrero (CODDEHUM),against the Ministerial Investigative Police(PIM) in Ayutla, the State PreventitivePolice in Chilpancingo and the PublicMinistry in Ayutla for torture, abuse ofauthority, unauthorized use of the PublicService, unlawful entry and unlawfuldetention. The CODDEHUM granted herand her family precautionary measures.

7 Interview with Orlando ManzanaresLorenzo and Zacarías Cervantes for El Surde Acapulco, April 24, 2008.

Orlando Manzanares Lorenzo,ex-prisoner of conscienceOrlando Manzanares Lorenzo, one ofthe freed prisoners, sees the accusa-tions against the members of theOPIM as an attempt to break-up theorganization. He explained that theywere detained at a checkpoint man-ned by the military and the police onApril 17, 2008 on the road that leadsto his community of El Camalote:»They said a lot of things to us, theysaid that we were delinquents andthat we were bad people.« The policeofficers did not allow them to speaktheir native language, Me'phaa,amongst each other »they told us that

they did not want us to speakMe'phaa, and I told them that some ofus do not understand Spanish.« Fromthe checkpoint, they were forced towalk back to Ayutla. At the local poli-ce station, they were interrogated: »Iwas the last one and they told me thatmy mates had said that I had killedAlejandro Feliciano García. I told themthat it was impossible, since that day Iwas working in Barranca de Guadalu-pe, and that I am a bricklayer.« Whenhe did not plead guilty, he was askedto sign a document implicating theother members of the OPIM. Orlandowas told that if he signed, he wouldbe released; he refused to sign.7

Orlando Manzanares, ex-prisoner of conscience fromthe OPIM

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There are many references to attacksand aggressions against members ofthe OPIM and the OFPM (and pre-viously against the OIPMT) that dateback to the creation of these organi-zations. One example is from April18, 2008 when more than 100 sol-diers from the Mexican Army, theState Police, the Ministerial Investi-gative Police, and the Federal Investi-gative Agency entered the El Cama-lote Community, intimidated familiesand paralysed the lives of the popula-tion. One group of army informantsbegan to spread rumors that the mili-tary was going to detain and kill allmembers of the OPIM.1

The threats and attacks against mem-bers of the OPIM have been reportedto the Mexican justice system onseveral occasions for many years,however, the victims have still notbeen informed about advances inthese investigations. In January 2005the IACHR granted precautionarymeasures on behalf of Obtilia EugenioManuel, her sister Andrea EugenioManuel, her husband CuauhtémocRamírez, and her children. Additionalprecautionary measures were grantedon September 4, 2007 on behalf ofInés Fernández Ortega, her husbandFortunato Prisciliano Sierra and herchildren, who were being threateneddue to her search for justice with theIACHR. Following the assassination

of Lorenzo Fernández Ortega inFebruary 2008, and the arrest war-rants and detention in April, the pre-cautionary measures were extended to41 members of the OPIM (in June2008), including the five people whowere incarcerated. Once the IACHR grants precautio-nary measures, the way in which theyare implemented must be negotiatedbetween the state and the threatenedindividuals. Obtilia Eugenio Manuelhas repeatedly reported that the mea-sures that were granted to her havebeen inefficient – she continues to suf-fer threats and the measures have hadlittle positive impact on her security.2

Due to the threats and attacks againstmembers of the OPIM, OFPM andTlachinollan in February and March2009, the Inter-American Court ofHuman Rights ordered the MexicanState to take further urgent measuresto protect their lives.3

Threats against Obtilia Eugenio ManuelObtilia Eugenio Manuel has receiveddeath threats since her participationin the anniversary of the El Charcomassacre in 2002. These threats in-tensified when she began to work as atranslator for Inés Fernández Ortega(who speaks little Spanish). Duringthe first six months of 2002, she wasthreatened on four occasions. InDecember 2004 she received an ano-nymous note with a death threat that

made reference to the public statementsshe made in a forum regarding thecases of Inés Fernández and Valen-tina Rosendo. Since then, the threats,surveillance, intimidating phone calls,and other acts of harassment havebeen repeated several times each year.

Her election as president of the OPIMin 2009 has resulted in an increase inthe intensity of these intimidations.PBI has documented a total of 7

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»After I helped Inés as her translator,then the threats came at me. I cameacross a man in the street [...] who isindigenous – and we know that he ispart of the military - and in the streethe told me: »I am telling you for yourown good to be careful, don't goaround filing complaints becausewhat the women say is not true, yousay pure lies but the people who areaccused are very angry, they wantrevenge and I am telling you this foryour own good, because I know you,be careful.« I did not say anything tothat man. Then the anonymous notesbegan. Because of that I receive pre-cautionary measures (…) They wantto scare me so that I stop organizingmy people, that is the fear that theycreate. And we know the governmenthas their people, paramilitary groups,and we know who they are becausethey are indigenous people. Whenpeople die the government says: ‘wellit is between them, they are fightingamongst each other because they areindigenous people’.«6

Obtilia Eugenio Manuel,president of the OPIM

Obtilia Eugenio Manuel and Cuauhtémoc Ramírez, OPIM

Threats and aggressions againsthuman rights defenders

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serious threats to her since January.Some examples include the eventsthat occurred on January 24th on herway to an OPIM meeting when shewas followed by three pick-up trucksand threatened by one of the occupants,as reported in an Urgent Action byAmnesty International dated February12th: »Do you think you’re so brave?Are you a real woman? Let's hopeyou also go to prison … If you don'tgo to prison, we'll kill you.«4

Following the assassinations of theMixteco leaders, the harassment hasincreased. On March 17th and 20thshe received text messages on her cellphone in which she was told that shemight be the next one to be disappea-red, tortured, and executed like themembers of the OFPM. In these thre-ats, she was warned that the supportof organizations like the TlachinollanHuman Rights Center would not pro-tect her from the »bullets goingthrough her.« Obtilia has been forcedto abandon the region as a result ofthis situation.5

Assassination of Raúl Lucas Lucía andManuel Ponce Rosas, leaders of theOFPMRaúl Lucas Lucien was one of thesurvivors of the El Charco massacre.Since 2007 he occupied the post asPresident of the Organization for theFuture of the Mixteco People. Since1998 he was threatened and attackedon at least four occasions. In 1999,the Mexican Army tortured and thre-atened him. In September 2001 hewas once again tortured by soldiers inhis community, together with his bro-thers and his brother in-law. OnOctober 18, 2006, after the OtherCampaign passed through theMixteco community of El Charco, hereceived threats from soldiers. OnFebruary 15, 2007, he was shot in theneck during an ambush that almostcost him his life. Even though theseincidents were reported to authori-ties, they continue to remain in impu-nity. Finally on February 13, 2009,Raúl Lucas Lucía and Manuel PonceRosas, Secretary of the organization,were kidnapped by three armed menat 1:15 p.m. during a public act inwhich municipal authorities fromAyutla de Los Libres were present.On Sunday the 22nd the families ofthe victims identified the dead bodiesof the two leaders who were foundon Friday February 20th with visiblesigns of torture and in an advancedstate of decomposition.7

Two months later, lawyers fromTlachinollan who represent the fami-lies of the deceased report that theauthorities who are supposed toinvestigate and bring those responsi-ble to trial have been slow to reactand have not published any results ofthe investigation. They report that noone has yet been accused of these cri-mes and point out that the StateAttorney General’s Office has failedto investigate the possibility that thesecrimes are linked to their work ashuman rights defenders.8 For this rea-son, they request that these crimes beinvestigated by the Federal AttorneyGenerals Office, an entity that theyhope will act more effectively to cla-rify these crimes.

Guadalupe Castro Morales andCarmen Lucas Lucía, widow and sis-ter of Raúl Lucas, have been victimsof threats in which they were told tostop their demands for an investiga-tion. They have informed PeaceBrigades International that theMexican state has offered them apolice escort, which they have rejec-ted. They explained that the policeescort was granted to them withoutconsidering their needs, and withouttaking into account their cultural andsocial reality as indigenous women. Inaddition, the police who would provi-de for their protection arrived at theirhomes while they were in mourningand carrying out funeral rituals forthe deceased.

Threats against the TlachinollanHuman Rights CenterAt the crux of the work of theTlachinollan Human Rights Center istheir legal defense department. Thisdepartment takes on the legal defenseof the cases that both the OPIM andthe OFPM have reported both withinthe Mexican justice system as well aswithin the Inter-American system.They also offer psychological supportto both the victims and their families.

As a result of this work, Tlachinollanhas been the object of a series ofaggressions, threats, and acts ofharassment which heightened duringFebruary and March 2009. One par-ticular incident occurred on March18, 2009 when a team of eight stafffrom Tlachinollan visited Ayutla. Ontheir return trip, they were followedby another vehicle that fired gunshotsinto the air. On the following days,Tlachinollan announced the tempo-rary closure of their office in Ayutladue to this increased risk, and repor-ted that they did not have the condi-tions to carry out their human rightsdefense work in Ayutla.10 !

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1 La Jornada Guerrero, March 18, 2008.2 Peace Brigades International. Information

collected from accompanied individuals.3 Inter-American Court for Human Rights.

Matter of Fernández Ortega et al. v.México. April 9, 2009.http://www.cor-teidh.or.cr/medidas.cfm?idMedida=379&CFID=664687&CFTOKEN=83449542

4 Amnesty International,Urgent Action, AMR41/006/2009, February 12, 2009.

5 FIDH, Urgent Action- MEX 004/0309/OBSO55, March 30, 2009

6 PBI Mexico, Human rights defenders in thestate of Guerrero, December 2007, page. 43[http://www.pbi-mexico.org].

7 La Jornada, Opinión, February 24, 2009.8 Tlachinollan Human Rights Center and 111

organizations, Aggressions intensify againsthuman rights defenders in Guerrero, March25, 2009 [http://www.tlachinollan.org/notbp/notbp090325.html].

9 Extracts from this interview can be foundin PBI Mexico’'s publication Human Rightsdefenders in the state of Guerrero availableat [http://www.pbi-mexico.org].

10 Proceso.com.mx, Cierra centro de derechoshumanos en Guerrero por amenazas,March 25, 2009 [http://www.proceso.com.mx/noticias_articulo.php?articulo=67424]. The complete press confe-rence can be found online at[http://www.fundar.org.mx/boletines2009/24marzo.htm].

Raúl Lucas Lucía, President of theOFPM, assassinated in 2009In July 2007, Raúl Lucas, in an inter-view with PBI, summed up some ofthe attacks he and his family had suf-fered since the El Charco massacre in1998. »After the massacre at El Charco,the army began to harass me ... that Iwas a leader, that I organize the peo-ple, and that they were going to killme ... later they shot at my wife andwe didn't see any justice. That year, on

February 15, 2007, I was attacked ... andthey shot a bullet in my neck. And inthat case we did not have any supportfrom the police, there was no justice.Before that [October 18, 2006] theybegan to harass me: “You know yourregion and where they grow drugs,and you know where are the maskedmen (guerrillas) [...] You should knowand if you do not know we are goingto go looking and if we find somethingwe will come for you.«9

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International human rightsorganizationsIndigenous organizations and humanrights organizations have maintainedcontact with international humanrights organizations, including Amne-sty International and Peace BrigadesInternational, who have accompaniedtheir cases and who have reacted toaggressions against them. PBI began toprovide international accompanimentin Mexico in 1999, and at the end of2003 began to accompany Tlachi-nollan’s staff in the Ayutla office. Atthe end of 2004, Tlachinollan and theOPIM detailed the serious risk facedby leaders of the OPIM as a result oftheir non-violent work to defendhuman rights, and due to their workto improve the social situation in indi-genous communities. They told PBIabout the threats suffered by ObtiliaEugenio Manuel and Andrea EugenioManuel as translators and defenders ofInés Fernández Ortega and ValentinaRosendo Cantú. Shortly after, PBIbegan to accompany Obtilia EugenioManuel, Andrea Eugenio Manuel andCuauhtémoc Ramírez Rodríguez,members of the coordinating commit-tee of the OPIM. Throughout theyears in Ayutla, PBI has continued toaccompany Tlachinollan and hasmaintained a close relationship withmembers of the OPIM and the OFPM.

PBI works to guarantee the physicalintegrity of people who are threate-ned, and provide them with the secu-rity necessary so that they can conti-nue with their work. This nationaland international protection strategyinvolves the presence of teams ofinternational observers who monitorthe risk situation for human rightsdefenders. PBI has established a regu-

lar presence in the municipality ofAyutla and has elaborated publica-tions which have been translated intoseveral languages, and which presentthe work and the demands of theaccompanied organizations. This workis supported by international supportnetworks in 16 countries in Europe,North America and the Pacific. PBIhas worked to raise awareness regar-ding the security problems that threa-tened human rights defenders faceboth within and outside Mexico, withMexican civil and military authori-ties, the diplomatic corps, humanrights entities in the United Nations,the European Union and the Inter-American Human Rights System.

Amnesty International has followedthe situation in Ayutla and has suppor-ted the demands of the OPIM and theOFPM through their urgent actions. AIhas expressed concern for the securityof the members of the OPIM since2005, and for the OFPM in 2009. OnNovember 11, 2008, AI declared thefive members of the OPIM who wereincarcerated in April 2008 prisoners ofconscience and began a campaign fortheir freedom. A delegation fromAmnesty International visited theOPIM and the human rights organiza-tions in Ayutla on February 5-6, 2009.

International organizations includingthe German Coordination for HumanRights in Mexico, InternationalService for Peace (SIPAZ), Frontline,Washington Office on Latin America(WOLA), Latin America WorkingGroup and Agir Ensemble pour lesDroits de L’Homme expressed con-cern to Mexican authorities regardingthe aggressions to members of theOPIM and the OFPM, and reminded

authorities of their duty to provideprotection to human rights defenders.

Following the assassination of RaúlLucas Lucía and Manuel Ponce Rosas,leaders of the OFPM, non-governmen-tal organizations like Human RightsWatch (HRW), Due Process of LawFoundation, Latin American WorkingGroup (LAWG) and the WashingtonOffice on Latin America (WOLA), senta special communication in which theyexpressed concern and asked Mexicanauthorities to conduct a rapid investi-gation into the crimes and punishthose responsible. Another 140 Mexi-can and international organizationsmade a statement in which they re-quested that the families of the victimsbe protected, and in which they ex-pressed concern for the security of themembers of the OFPM and the OPIM.

Actions taken by international humanrights entitiesFor several years, the Inter-AmericanCommission on Human Rights(IACHR) has granted precautionarymeasures for the protection of mem-bers of the OPIM, and initiated inves-tigations into the the cases of InésFernández Ortega (Case 12.580) andValentina Rosendo Cantú (Case12.579). The assassination of the lea-ders of the OFPM and the circumstan-ces that surround this situation havealso provoked a substantial reactionby international entities such as theUnited Nations Office of the HighCommissioner for Human Rights inMexico (OHCHR), the Inter-AmericanCommission on Human Rights, andthe European Union through the presi-dency, who have condemned the deathsand demanded an agile and detailedinvestigation into the circumstances.

The international community is res-ponsible for monitoring the imple-mentation of the international obliga-tions on human rights to whichMexico has agreed. As part of thisongoing task, representatives from theMissions of the member states of theEuropean Union visited the state ofGuerrero on April 16 and 17, 2009,in order to meet with state and muni-cipal authorities and to collect addi-tional information about the humanrights situation in Guerrero. This visittook place at the request of PeaceBrigades International. The UnitedNations Office of the High Commis-sioner for Human Rights (OHCHR)in Mexico also visited Ayutla inMarch with the same objective. !

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The work of international humanrights entities in Ayutla

Meeting of representatives from the Germanand French embassies with the OPIM andTlachinollan in Ayutla, April 17, 2009

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The OHCHR drew up an agreementwith the Mexican government in2003 to »Define and apply an inte-gral action program for human rightsdefenders that both protects theirwork and recognizes their labor«,within the Diagnosis of the Situationof Human Rights in Mexico.1

Mexico has developed a NationalHuman Rights Program, officiallypublished on August 29, 2008. Theprogram states that it will: »Defineways to provide special protection tohuman rights defenders.« As part ofthis program, the National AttorneyGeneral’s Office is in charge of»Establishing a specific protocol thatallows for the investigation into illicitacts committed against human rightsdefenders« and to »Work towards anormative framework to protecthuman rights defenders.«2 Similarly,Mexico agreed to protect and supporthuman rights defense work before theUnited Nations Human Rights Coun-cil on February 13, 2009, in the con-text of the Universal Periodic Review.

PBI believes that these commitmentsneed to be urgently implemented inthe region of Ayutla, where violenceagainst human rights defenders isseriously limiting the work of theOPIM, Tlachinollan and the OFPM.

Because of this we ask that the inter-national community take the follo-wing actions:

Regarding the crimes against RaúlLucas, Manuel Ponce and LorenzoFernández: Express concern to theMexican state about the impunity thatsurrounds these assassinations, askthat they be investigated and thatthose responsible be brought tojustice.

Regarding the accusations againstRaúl Hernández and an additional 5members of the OPIM: Request thatthe legal case against Raúl Hernández,Amnesty International prisoner ofconscience, be concluded quickly, andwith respect for due process. Requesta rapid resolution for the appeals pre-sented against the additional arrestwarrants against members of theOPIM.

Regarding the threats and the riskfaced by members of the OPIM and theOFPM: Ask that the threats to ObtiliaEugenio Manuel, lawyers and stafffrom Tlachinollan, to the other mem-bers of the OPIM, and GuadalupeCastro Morales and Carmen LucasLucía (widow and sister of Raúl Lucas),be investigated and that those respon-sible be brought to justice.

Demand effective protection for OPIMleaders Obtilia Eugenio Manuel,Andrea Eugenio Manuel and theirfamilies, as well as for Inés FernándezOrtega, her family and the remainingmembers of the OPIM.

Regarding the accusations and un-founded legal proceedings againsthuman rights defenders: Request thatthe accusations that the justice systemhas found to be baseless be investi-gated, and those responsible for thefalse accusations be sanctioned.

Monitor the implementation of theNational Human Rights Program fromAugust 2008, specifically the aspectsthat deal with human rights defen-ders.

If you would like to support humanrights defenders in Ayutla and thework of PBI, please contact usthrough our website at:www.pbi-mexico.org.

In addition, PBI invites jurists andlawyers interested in the subject tomonitor the situation faced by law-yers from the Tlachinollan HumanRights Center.

RecommendationsThe PBI Mexico Project Bulletin is apublication elaborated and edited byPBI Mexico. PBI Mexico is not respon-sible for statements by third partiesin this publication.

Design and layout:Wolgang Ecker und Tess TreiberPrinting: Gráficas Luna Photography: PBI and Human RightsCenter of the Montaña, Tlachinollan

México, May 2009.

Back cover photo:Protest in memorial of the leaders ofthe Organization for the Future ofthe Mixteco People (OFPM), assassi-nated in February 2009. Photo: PBI

PBI International OfficeDevelopment House56-64 Leonard St.,London EC2A 4JX, UKTel.: +44 20 4065 [email protected]

PBI Mexico ProjectP.O. Box 40007 San Francisco CA 94140 USATel. / Fax: + 1 415 287 [email protected]

Mexico City Office Calle Medellín 33Colonia Roma06700 México D.F.Tel. / Fax: +52 1 55 55 14 28 [email protected]

1 United Nations Office of the HighCommissioner for Human Rights in Mexico,Diagnosis of the Situation of Human Rightsin Mexico, Mexico, OHCHR, 2003,Recommendation num. 7 p.7.

2 National Human Rights Program 2008-2012, Diario Oficial, August 29, 2008

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Peace Brigades International (PBI) is a non-governmental organiza-tion that maintains teams of international volunteers who accom-pany human rights workers in Mexico since 1999. At the request oflocal organizations, the goal of PBI is to protect the political space ofpeople and organizations that non-violently promote human rightsand who suffer repression as a result of this work. Internationalaccompaniment is a conflict transformation tool through which athird party contributes to the creation of the necessary conditionsto search for solutions. PBI never tries to substitute Mexican initiati-ves that promote a respect for human rights, but instead supportsthem with the presence of international volunteers that accompanypeople and organizations under threat, make regular visits to con-flict zones, distribute information about the evolution of the con-flict, engage with civil and military authorities and carry out publicrelations and lobbying work to generate international support.

More information about PBI's work in Mexico can be found on ourwebsite at:www.pbi-mexico.org

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