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make it difficult to implement it in practice. For this reason the reform has been
challenged by the official indigenous movement which insists that it should be revised as a
necessary condition for achieving peace in Mexico and ensuring the human rights of the
indigenous peoples. Furthermore, the reform did not respect the principles of ILO
Indigenous and Tribal Peoples Convention No. 169 (1989), ratified by Mexico, particularly
as regards the obligation of consulting the indigenous peoples.
58.
The protection of the human rights of the indigenous peoples has as its backdrop a
high level of persistent social tension, frequently accompanied by violence, over agrarian,
environmental and political problems which recur in almost all the indigenous regions, for
the most part rural. These conflicts turn principally on the protection of communities’
lands and resources and the control of local political power.
59.
Apart from the conflict zone in Chiapas, there are other strife-torn regions (Oaxaca,
Guerrero) where, because of guerrilla attacks, the police and military presence has been
stepped up and, sometimes, paramilitary groups have been active. These situations have
given rise to numerous violations of the human rights of indigenous peoples and
communities.
60.
The forces of public order (municipal, State and federal police and the Mexican
Army) and the justice system frequently intervene in these conflicts. Indigenous people are
the most conspicuous and vulnerable victims of human rights abuses in the workings of the
judicial system, and are subjected to violations of the right to life and physical integrity,
security, due process and individual guarantees. An alarming tendency to treat protest and
social dissent as a crime has been observed in the conflicts, to which should be added
considerable impunity and corruption in the agrarian, criminal and civil justice system, all
of which gives the impression that, despite official rhetoric to the contrary, for the majority
of Mexican society the indigenous peoples are expendable.
61.
Discrimination against indigenous people is also visible in the distribution of wealth
and public goods and services, the main victims being indigenous women and children
(particularly girls), and indigenous migrants in urban areas. The resources earmarked
by the Government for development programmes in indigenous regions have always been
inadequate, and this makes for low economic, social and human development indices. The
political parties pay little attention to the indigenous problem which is also a matter of low
priority on legislative agendas at the federal and State level. Despite efforts to promote
the development of the community and channel services to indigenous regions, there have
never been sufficient resources, nor have national approaches been a matter of priority.
No sooner had the Government announced the ambitious Plan Puebla Panamá (PPP)
in 2000 than the indigenous organizations questioned its possible effects on the human
rights of their peoples. Although the Plan has still had no material results in the field, its
announced approaches and projects continue to cause alarm.
62.
In 2003, legislation on the linguistic rights of indigenous people was passed and a
new State institution was established: the National Commission for the Development of the
Indigenous Peoples. Present State policy towards the indigenous peoples is designed to
produce negotiated solutions to the conflict “hot spots”, to promote and support productive
activities and provide various social services to the communities. It does not depart