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
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