E/CN.4/2004/80/Add.2
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B. Political disputes and tensions
25.
Other conflicts in the indigenous regions have eminently political causes, being closely
related to the exercise of local power and in a number of cases directly linked to access to and
the handling of public resources. They take the form of disputes over control of municipal
governments, development programmes, technical assistance agencies, provision of services or
distribution of subsidies, etc.
For several years now, two gangs have been fighting over control of the office of municipal
president in the Mixtec community of Santiago Amoltepec, Oaxaca. It is reported that the
conflict has already left 11 dead, 15 injured, several armed incursions, 22 houses burned and
cattle and crops stolen.
26.
In several of the cases reported, the election and/or appointment of authorities and
officials - and their continuance in office - has played a central role in these scenarios. Although
in Oaxaca tradition and custom are respected in electing local authorities in 418 out of a total of
the State’s 517 municipalities, various post-election conflicts occur and sometimes generate
tensions and divisions in the municipalities. For example, in 2001, 19 town halls were taken,
there were 5 deaths and 18 supplementary elections were called. In La Montaña de Guerrero,
numerous violations of human rights of the region’s indigenous population took place at the
hands of the municipal authorities or members of the police or the army, as, for example, in
Tehuaxtitlán and Xochistlahuaca.
In La Montaña de Guerrero, a number of indigenous communities decided in 1995 to establish
a Community Police as an alternative to the established State and municipal police forces,
“with the sole aim of taking security back out of the hands of criminals” and so that the
indigenous authorities could deal justice “in accordance with our customs and practices”. The
Regional Coordinator of Community Authorities of La Montaña and Costa Chica de Guerrero
complains that the State and federal authorities have tried to dismantle the Community Police
and that in doing so they have committed various abuses against members of the indigenous
communities (threats, harassment, arbitrary detentions, framings), although there have also
been complaints about how the Community Police itself has acted. This case brings to the fore
a matter of great topicality in Mexico, namely, discussion of the practice of internal regulatory
systems, the application of criminal positive law and respect for individual guarantees in
human rights.
Among the Tzeltales of Bachajón, in the municipality of Chilón, Chiapas, a community effort
is being made to apply a legal system of usages and customs to solve conflicts and ensure
justice locally in communities. Compliance with this system has been achieved in a number of
cases through negotiations with municipal and State government and judicial authorities, with
help from “problem solvers”.
27.
A number of human rights conflicts and violations concern offences such as drug
trafficking. Some indigenous peasants, as a result of poverty and isolation, have become
involved in criminal activities that can lead to social breakdown and violence in the