A/HRC/11/37
601. Mexico had taken a loan from the World Bank to strengthen the human development
programme Oportunidades, intended to break the intergenerational poverty circle and to
provide comprehensive care, food and education. Faced with the global financial crisis,
Mexico had signed a national agreement for family economy and employment and a
national agreement on labour productivity. In the area of health, it referred to its national
strategy to reduce maternal mortality. Mexico had faced the recent epidemic of H1N1 in a
responsible manner and with full respect for human rights and non-discrimination.
602. Regarding the eight outstanding recommendations, Mexico noted that those
contained in paragraphs 94.1, 94.3 and 94.4 of the report of the Working Group, and in the
first part of paragraphs 94.6 and 94.8, were either no longer applicable or had been
resolved. Mexico could not support the recommendations made in paragraphs 94.2, 94.5
and 94.7.
603. Regarding paragraph 94.2, Mexico noted that the 2008 constitutional reform
restricted the scope of arraigo, which applied only in cases of organized crime and was
subject to strict legal control, and could only be dictated by a judge when necessary for the
success of investigation, protection of persons or property, or when there was a founded
risk of the suspect escaping justice. A control judge had been established to guarantee the
rights of the accused and the victims in the procedure and to verify the legality of the
process. Mexico indicated that arraigo complied with international standards, and that the
accused were informed of their rights, given full access to a lawyer and provided with
adequate defence. The juicio de amparo (trial for appeal for legal protection) could be used
to appeal the decision of a control judge and guarantee the rights of detainees. Mexico also
had a monitoring mechanism.
604. Regarding paragraphs 94.5 and 94.7, Mexico explained that the civil legal system
prevailed over the military system, since resolutions or decisions by military courts and
military Supreme Court could be appealed before civil courts through recurso de amparo
(appeal for legal protection). The Ministry of National Defence had accepted all the
recommendations made by the national human rights commission. Legal steps had been
taken against military personnel responsible for crimes, and in particular in cases of human
rights violations; reparation for victims had been provided.
605. Mexico stressed that military jurisdiction over the conduct of the armed forces was
provided in the Constitution and was intended to maintain military discipline, and that
military justice had made trials before military courts more transparent and had extended
the scope of participation of victims in them.
606. The national human rights plan for 2008–2012 had established a commitment to
promote reforms in military justice in accordance with international commitments.
2.
Views expressed by Member and observer States of the Council on the review
outcome
607. Algeria appreciated the distribution of Mexico’s written views on the
recommendations. It welcomed the fact that Mexico had decided to follow up on the
recommendations that Algeria had made during the review, regarding particularly domestic
violence and the ill-treatment of children, poverty reduction and access to education.
Algeria had taken note of the measures taken by Mexico to give effect to those
recommendations, particularly the reform of the law on education and the adoption of the
national programme for the development of indigenous peoples for 2009–2012. Algeria
commended Mexico for its initiative within the Council regarding the rights of migrants,
and invited it to continue to promote the universal ratification of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families.
GE.09-16766
149
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