A/HRC/11/27
Page 4
8.
Under the Constitution, international treaties on human rights are supreme law and above
federal and local laws, and can therefore be invoked before tribunals. Mexico faces challenges in
legislative harmonization at the state level.
9.
The Congress is now considering several bills to fully embody the concept of human
rights in the Constitution.
10.
Mexico has developed and consolidated a large number of institutions and public policies
for the protection of human rights, for example, the National Human Rights Commission and the
network of local human rights institutions. Mexico has a National Human Rights Programme
(NHRP) which is the core guideline for the consolidation of a comprehensive State policy on
human rights. Additionally, the Commission for Governmental Policies on Human Rights, which
is a permanent mechanism for dialogue between the federal government and NGOs, has fostered
relevant legislative reforms
11.
Permanent cooperation with international human rights mechanisms has become a key
factor in strengthening national legislation, institutions and public policies.
12.
The report presented by Mexico is based on the premise that corruption, public insecurity
and impunity are a threat to human rights. Organized crime has killed citizens, journalists,
prosecutors, police officers and members of the armed forces. Criminal groups use kidnappings,
blackmailing and violence, and also employ corruption against institutions, eroding them and
violating the rights of Mexicans. The largest threat comes from organized crime. Therefore, the
struggle to ensure law and order in Mexico is essentially a fight to safeguard fundamental
liberties and rights of all citizens. In some regions of the country, criminals have launched a
total offensive against society, surpassing the logistic and combat capabilities of certain civil
authorities. The current Administration deems as necessary the participation of the armed forces
in support of civil authorities facing organized crime. The service so provided by the armed
forces is invaluable, recognized by Mexican society and in accordance with the constitutional
framework. The deployment of the armed forces is subsidiary and exclusively at the request of
civil authorities, and strictly temporary. The delegation was aware of concerns regarding alleged
human rights violations committed by members of the armed forces while carrying out public
security tasks, as well as concerns about the functioning of military justice in Mexico, but
reiterated the commitment of the security forces involved in the fight against organized crime to
fully respect all human rights of all.
13.
The judiciary and the permanent oversight by the autonomous human rights institutions,
the media and public opinion play a key role in ensuring that alleged human rights violations are
investigated and prosecuted. The NHRP includes the commitment of the military forces to
promote reforms in the field of prosecution and administration of justice before military tribunals
in accordance with Mexico’s international obligations. The Ministry of Defence has specialized
units to receive and process complaints and recommendations from autonomous human rights
bodies through administrative and criminal procedures, including redress procedures. Complete
harmonization with international human rights standards requires further regulating and
professionalizing the security forces, especially with respect to the legitimate and proportional
use of force in the fight against organized crime. As a result of the events in Atenco, the
Supreme Court is examining the adoption of international standards on the use of force by
security corps.
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