A/HRC/39/17/Add.2 D. Violence, impunity and access to justice 57. In every region that she visited, the Special Rapporteur was concerned by the large number of detailed reports of individual cases that reflect the extremely serious violence faced by indigenous peoples as a result of disputes over their territories, owing to the lack of appropriate recognition, the expansion of development projects and the presence of organized crime. Their situation is made worse by factors such as impunity, limited access to justice and criminal accusations. 58. Mexico is going through a serious crisis of violence and insecurity, with alarming rates of murder, displacement and disappearance. Links between organized crime networks and some municipal, state and federal authorities contribute to the climate of corruption and impunity. 59. The case of the 43 students from Ayotzinapa, Guerrero, who disappeared in September 2014 is particularly emblematic. The Special Rapporteur met with the parents of some of the students from indigenous communities and noted how little progress had been made in investigating the whereabouts of their children. Another notable case is the massacre of 46 persons that took place in Acteal, Chiapas, in December 1997. The Special Rapporteur met with survivors and members of the victims’ families who are still seeking justice and a full investigation of this massacre, which disproportionately affected indigenous women. 60. In Guerrero, Chiapas and Chihuahua, indigenous families and communities continue to suffer forced displacement as a result of the threats and violence of criminal groups who compete over land that they wish to use for their activities. The state authorities’ main response to this situation has been to increase the military presence in the areas concerned, which has not helped to reduce the level of violence. As noted by the United Nations High Commissioner for Human Rights during his visit to the country in 2015, the militarization of public security is not the answer; steps should be taken to relieve the army of its temporary public security functions and to handle public security as a civil matter. In Guerrero, the presence of organized crime in areas where there are also mining interests increases the vulnerability of indigenous communities. In Chihuahua and Chiapas, there has reportedly been an expansion in settlements of displaced indigenous persons, which require differentiated policies. 61. The Special Rapporteur received numerous allegations of abuses that were committed during military operations in indigenous regions and have gone unpunished, including sexual violence against indigenous women and arbitrary killings by excessive use of force. 62. The Inter-American Court of Human Rights has requested that provisional measures be taken to protect the life and integrity of members of the Rarámuri community in Choreachi, which has suffered murders and threats. IACHR has granted protective measures in favour of the community in El Manzano whose members have been subjected to violence and displacement. The government of Chihuahua has taken steps to implement those measures and to draw up a protocol on forced internal displacement. 63. Drug trafficking, human trafficking and the increased military presence at the border between Mexico and the United States of America have had serious negative impacts, including the displacement of O’odham communities in Sonora. Their distrust of the state authorities and allegations of links with organized crime groups have led them to request special protection measures that take into account the cross-border nature of this indigenous people. Access to justice 64. Indigenous peoples are widely affected by problems concerning access to justice. According to the Mexican authorities, the vast majority of offences go unpunished. There is also a high level of criminal cases that go unreported owing to the lack of trust in the GE.18-10617 11

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