Human Rights

Universal periodic review - Mexico

Questions/Recommendations from New Zealand, 10 February 2009

        

New Zealand welcomes the delegation of Mexico to the Human Rights Council. New Zealand values this opportunity to engage with Mexico on its human rights situation, building on the ongoing bilateral dialogue and close cooperation between our two countries on international human rights.

New Zealand commends Mexico on its forthright national report, which highlights both the progress Mexico has made in meeting its international obligations, and also the challenges that remain.

New Zealand welcomes the significant transformations in Mexico’s political, judicial and social institutions over the past decade which have strengthened the promotion and protection of human rights domestically. However, while much of the constitutional and legislative framework for the protection of human rights has been developed, challenges exist in implementation and practice, particularly at the state level.

1. Several states continue to have discriminatory legislation despite the Federal Government’s adoption of legislation that prohibits discrimination on any basis, in line with Mexico’s obligations under international law.

1. New Zealand recommends that Mexico conduct a time-bound review of legislation at state level which discriminates against women and that Mexico commits to promptly repealing such legislation. Priority attention should be paid to family law that results in real or de facto discrimination against women and girls, and legislation that prevents women’s access to justice, particularly in respect of the reporting and prosecution of family violence.
2. New Zealand further recommends that the Federal Government provide guidance to all states on the adoption of practical measures to ensure the implementation of these legislative changes at the local level.

2. At local level there can be limited awareness and understanding of legislative requirements to take the particular needs of indigenous peoples into account, limiting indigenous peoples’ access to justice, health and education services.

• New Zealand recommends that the Federal Government strengthen its efforts to raise awareness of indigenous rights, language and customs, by providing guidance and training to military and local level officials, including the police, judiciary, and members of the legal community, particularly in rural areas.

 

3. New Zealand recognises the challenges the Government faces in combating organised crime, as well as the pressures that contributed to the government’s decision to use the military in a policing role. However, New Zealand is concerned about the implications of such a move for human rights and also by the rise in reported human rights violations committed by state authorities. Of particular concern is the introduction in 2008 of the arraigo system, which permits detention without charge for up to 80 days.

• New Zealand recommends that Mexico recognise the centrality of human rights and the rule of law in its approach to improving public security. Specifically, New Zealand recommends that Mexico puts an end to the arraigo system as soon as possible and that it ensures the rights of detainees are respected.

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