Liens avec le système international des droits de l’homme

(Recommandations 1 et 2 − par. 93)

157. Au cours des dernières années, le Mexique a retiré les déclarations interprétatives qu’il avait formulées en ce qui concerne la Convention relative aux droits des personnes handicapées et le Protocole facultatif à la Convention relative aux droits de l’enfant, et concernant la participation des enfants aux conflits armés. Il reste cependant à retirer des réserves concernant d’autres instruments internationaux, et le pays s’est engagé à les revoir afin d’envisager de les supprimer.

158. Le Mexique continue de promouvoir les droits des migrants dans le cadre du Conseil des droits de l’homme, de l’Assemblée générale de l’ONU et des instances régionales, au

sein desquels il se montre très actif. Dans ce contexte, il s’est également engagé en faveur des droits des femmes, des peuples autochtones et des personnes handicapées. Il a en outre appuyé l’intégration des droits de l’homme dans les travaux du Conseil de sécurité¹⁴⁰. 159. À l’échelon régional, le Mexique est membre du système interaméricain des droits de l’homme. Les autorités mexicaines ont pris des mesures pour mettre en application les six décisions rendues à son égard par la Cour interaméricaine des droits de l’homme¹⁴¹. Le Mexique a également appuyé les mesures prises pour renforcer le système interaméricain sur le plan politique, juridique et financier. Il est conscient de l’engagement qu’il a pris à l’égard de la communauté internationale de prendre les dispositions nécessaires pour garantir le droit d’accès à la justice, engagement auquel il ne saurait se soustraire.

160. Pour promouvoir la démocratie, le Mexique appuie les initiatives internationales en faveur de la démocratie lancées par l’Institut international pour la démocratie et l’assistance électorale, la Communauté des démocraties et l’Alianza para un Gobierno Abierto.

Notes

1 Through the Human Rights Commissions within the Senate and the Chamber of Deputies.

2 Through the Supreme Court of Justice, the Federal Judiciary Council, and the Federal Electoral Tribunal.

3 The subjects of these forums were chosen, taking into account the recommendations received by Mexico in 2009.

4 12 networks and non-governmental organizations sent contributions for the report through the email address [email protected] enabled for such purpose. For further information on the drafting process, see: http://www.sre.gob.mx/index.php/dgdhd/.

5 A multidimensional measurement indicates that, currently, 52 million people live in poverty.

According to the 2010 Census carried out by the National Institute of Statistics and Geography, the total population of Mexico is 112,336,538 people.

6 From the Report on Mexico of the Working Group on the Universal Periodic Review (A/HRC/11/27).

7 Articles 1, 3, 11, 15, 18, 29, 33, 89, 97, 102 and 105 of the Constitution, reform available in:

http://www.dof.gob.mx/nota_detalle.php?codigo=5194486&fecha=10/06/2011

8 Other relevant aspects of the reform include: the interpretation of human rights norms in accordance with the Constitution and international treaties, favoring the widest possible protection for the human person (pro personae principle); the prohibition of discrimination based on “sexual preferences”; the respect for human rights as a basic principle of public education, and as the basis of the organization of the penitentiary system; the right of every person to seek asylum for political motives and to seek refuge for humanitarian reasons; the prohibition of the suspension of a human rights catalogue in a state of emergency, in conformity with Mexico’s international obligations; the respect of the right of foreigners to a hearing and to guarantees against their arbitrary expulsion; and the promotion and protection of human rights as a guiding principle of foreign policy.

9 Additionally, provisions were included to improve procedural celerity and judicial efficiency, as well as to ensure the uniformity and consistency of judicial criteria. The reform also includes different measures to avoid non-compliance with judicial decisions resulting from amparo trials (judicial appeals for constitutional protection) and the repetition of challenged acts of authority.

10 The Law provides for a priority procedure when the challenged acts could imply the deprivation of life, attacks against personal liberty, incommunicado detention, deportation, repatriation or expulsion, banishment or extradition. In such cases where there is suspicion that an enforced disappearance has occurred, a special 24 hour term is established for granting legal protection, ordering the suspension of challenged acts of authority, and ordering authorities to provide any information that could prove useful to search, locate, and rescue the probable victim.

11 In December 2011, the Law of the CNDH was amended to include means to protect claimants’

procedural rights.

12 In the fulfillment of its objectives, the PND contemplates three cross-cutting priorities: the democratization of productivity; a modern and approachable government; and gender perspective.

13 Consultations took place from February 28 until May 9th, 2013, with input from 228,949 sources.

The process took place through 4 modalities: i) an internet poll, in which 129,299 citizens participated; ii) polling stations set up physically and electronically, which received 37,871

documents; iii) 44 forums, that, along with 231 discussion panels, made up 275 consultative actions in which 48,527 people participated; and iv) thematic discussion tables in which 13,252 people

participated, whose input was used not only for the preparation of the National Development Plan, but also contributes to the elaboration of Sector-specific, Institutional and Special Programs. Further information about this process can be found in: http://pnd.gob.mx/

14 The Sub-commission included a Technical Committee for the Follow-up of Public Policy and the Definition of Additional Indicators. The PNDH’s objectives were: i) the strengthening of a human rights perspective within public policy making; ii) the strengthening and creation of judicial and administrative human rights protection mechanisms; iii) the consolidation of a human rights culture;

and iv) the strengthening of Mexico’s compliance with its international human rights obligations, and the promotion of such compliance within the three branches and levels of government.

15 Through the General Direction for Human Rights Public Policy, that was expressly created for the definition of this State policy.

16 The General Law on Social Development confers to the Council two main functions: coordination of the evaluation of social development public policy, and the creation of indicators and criteria for the definition, identification and measurement of poverty under a multidimensional perspective. A person is in a situation of multidimensional poverty when he or she does not have guaranteed access to at least one of the social development rights, and if income is insufficient to acquire such goods and services required to satisfy basic needs. A person is in a situation of extreme poverty when he or she has three or more social deprivations and an income lower than the value of basic foodstuffs.

17 i) Per capita income; ii) average educational lag per household; iii) access to health services; iv) access to social security; v) quality and spaciousness of households; vi) access to basic household services; vii) access to food; and viii) degree of social cohesion. Further information can be found in the 2012 “Report on Poverty in Mexico. Country, State and Municipal Levels”, by the National Council for the Evaluation of Social Development Policy.

18 Population in rural areas presents higher proportions of poverty, increasing from 62.4% to 64.9%;

while in urban areas, the increase was from 39.1% to 40.5%. For population that speaks an indigenous language, poverty increased from 75.9% to 79.3%; poverty for non-indigenous language speakers increased from 42.4% to 44.1%.

19 In accordance with the General Law on Social Development, the federal budget for social spending cannot be lower than that for the previous year, and it must increase proportionally to the expected growth in the internal gross product. The budget for the reduction of poverty totaled, in 2012, 317,076.8 million pesos, approximately 23,948.4 million United States dollars (USD), which represented an 8.9% increase from 2011.

20 The lack of access to health services decreased from 40.8% to 31.8%; the lack of access to social security decreased from 65.0% to 60.7%; lack of basic housing services decreased from 19.2% to 16.5%; the percentage of the population with needs related to the quality and spaciousness of housing diminished from 17.7% to 15.2%; and academic lag decreased from de 21.9% to 20.6%.

21 The lack of access to food increased from 21.7% to 24.9%.

22 By the end of 2012, the Program served 5,845,056 families, distributed throughout the entire country.

60.6% of these families live in rural areas, 18.8% in semi-urban areas and 20.6% in urban areas.

23 CDI is a decentralized federal organ in charge of promoting and coordinating the actions undertaken by public institutions to foster the integral and sustainable development of indigenous peoples and communities. The CDI operates an Indigenous Information System which supports the definition, creation, execution and evaluation of governmental programs, projects and actions, and includes specific indicators for indigenous population.

24 Approximately 221.3 million USD, exchange rate of 26 June 2013.

25 Through the Mexican Institute for Social Security (IMSS) and the Institute for Social Security and Services of State Workers.

26 The People’s Health Insurance (Seguro Popular) is part of the Social Health Protection System, and, through a public and voluntary insurance, grants access to health services to those people who are not employed or are self-employed, and thus lack access to social security institutions.

27 The People’s Health Insurance has a Universal Health Catalogue which includes 284 medical and surgical interventions and covers 95% of the main health ailments. The remaining 5% corresponds to low-incidence and high-complexity diseases and ailments, that are financed through a Protection

Fund against Catastrophic Expenditures. Those affiliated to the People’s Health Insurance receive the medication they require without cost.

28 By December 2012, 13.9 million people who were in the Opportunities Program were also incorporated into the People’s Health Insurance. Additionally, affiliation in those places where the indigenous language-speaking population supersedes 40% increased to 4,588,655 people. With regard to older persons, by December 2012, 3,181,770 people 65 years of age, or older, were affiliated.

29 Approximately 113.3 million USD.

30 The Health Caravans program provides health services to the population living in highly

impoverished regions, with a high geographic dispersion rate and a low human development index, through itinerant medical teams.

31 Maternal mortality in Mexico diminished from 1990 to 2011 in 51.3%, since it decreased from 89 to 42.2 deaths per 100,000 births, which does not reflect the expected rate.

32 This strategy enabled the affiliation of more than 1.8 million pregnant women to the People’s Health Insurance.

33 The Centers are part of the IMSS-Opportunities program; 39 centers are operating in 2013. Between 2008 and 2012, the program provided training regarding prenatal care, identification of alarm signs and clean births, to 7,026 midwives who volunteer in rural areas of difficult access.

34 Between 2006 and 2012, mortality for children under five years of age decreased from 19.2 to 15.7.

35 The 21^st Century Healthcare Program is part of the People’s Health Insurance, and its goal is to afford comprehensive medical attention to children born since December 1^st, 2006, who do not have access to any other kind of social security.

36 The IMSS attained this goal since 2005, registering a mortality rate of 3.34 deaths per 100,000 social security right-holders, a tendency that has been maintained in subsequent years.

37 With regard to access to antiretroviral medication, access has been at around 80% since 2008. The number of people who require such treatment and do not have access to it is expected to diminish, since the People’s Health Insurance offers free antiretroviral medication.

38 The National Trust for Public Housing Projects granted 823 thousand subsidies in this period through programs such as Your House and Rural Housing, mainly for the improvement and enlargement of homes, both in rural and urban areas.

39 In its first stage, this strategy will focus on those counties and districts that have the highest poverty index in the country, 212 of which are considered indigenous, and highly marginalized, in order to benefit more than 3,410,598 indigenous persons, who represent 46% of beneficiaries. For further information, the National Crusade Against Hunger webpage can be consulted:

http://cruzadacontraelhambre.gob.mx/#cruzada

40 The Crusade’s objectives are: i) to guarantee zero hunger for the target population through adequate food and nutrition ii) to eliminate acute malnutrition among children and the improvement of growth indicators in early childhood; iii) to increase the production and income of agricultural workers and small agricultural producers; iv) to minimize post-crop loss and food loss during storage,

transportation, distribution and commercialization; and v) to promote community participation against hunger.

41 By 2012, the Rural Supply Program had a network of 25,121 rural shops where basic products are offered at lowered prices, and the Social Milk Supply Program LICONSA provided subsidized and enriched milk to nearly 6 million people.

42 29.4% of families who are part of the program live in rural areas, 17.2% in semi urban areas and 53.4% in urban areas.

43 As regards mandatory upper-secondary education (high school and professional technical education), its achievement will be approached gradually starting from 2012-2013 until full coverage in all modalities is attained by 2021-2022.

44 As a basis for comparison, primary school attendance (6 to 11 years old) in 2010 was 96.9% among girls and 96.5% among boys.

45 As an autonomous, public organ, with legal personality and its own assets.

46 The reform also establishes an Education Information and Management System with the objective of having organized data for the planning and operation of the education system; it strengthens the managerial autonomy of schools in order to improve their infrastructure; and the supply of nutritious food is boosted in order to improve the health of students.

47 Scholarship holders are given a monthly stipend that varies from 165 to 1,055 pesos (approximately 12.5 to 79.7 USD) according to the grade they are enrolled in. Once they reach secondary education,

the stipend depends on grade, as well as gender (since women tend to leave school at a younger age than men, their stipend is slightly larger).

48 83.6% of these scholarships are for basic education and 16.4% for upper-secondary education; 49.8%

were granted to women and 50.2% were granted to men.

49 This Program has 1,066 boardinghouses in 21 states within the country.

50 Additionally, in order to improve labor practices with regard to men and women, the Official Mexican Norm for Employment Equality between Men and Women was published in 2009. By 2012, 1,081 labor centers and 139 government offices had been certified in accordance with the Norm.

51 The PAE operates through four subprograms that registered the following progress between 2008 and 2012: i) Scholarship Subprogram, which supports further education and training of job-seekers or people already employed (it benefitted 1,171,313 people, and contributed to allocating and maintaining employment for 805,031 workers); ii) Fostering Self-employment, which provides furnishing, machinery, material, tools or a stipend to jobseekers (this subprogram helped 57,825 people); iii) Employment Mobility, which operates in the agricultural or industrial and services sectors (341,829 y 22,161 people were granted jobs, respectively); and iv) Repatriates Working, a

subprogram directed to helping repatriated Mexicans who do not intend to cross the border into the United States again (jobs were found for 13,732 people, out of a total 121,022 who were given assistance).

52 The SNE includes actions taken by the Formal Employment Subprogram, the Subprogram for the Compensation of Temporary Work, the Subprogram for Temporarily Suspended Workers, the Program for the Support of Former Workers of the extinct decentralized organ Central Light and Power Company, and the Program of Emergent Support for Workers in the Service Sector.

53 Mexico has surpassed the Millennium Development Goals for access to sustainable water and sanitation, and significant advances have been made in the rehabilitation of sites that pose a high health risk.

54 Article 180 of the General Law on Ecological Balance and Environment Protection. It incorporates the right to challenge administrative acts, as well as to demand that necessary actions be taken to ensure full respect of the legal provisions on the subject.

55 This represents nearly 84% of all cases that reach the Federal Electoral Tribunal (TEPJF).

56 During the term 2010-2011, 17 international instruments were quoted in 115 judicial decisions; and in the 2011-2012 tenure, 22 international instruments were referred to in 811 judicial decisions.

57 Between 2009 and 2012, the High Chamber of the TEPJF has issued five jurisprudential theses and 12 relevant criteria related to the usages and customs of indigenous communities, which are found in at least 40 judicial decisions.

58 It is part of the Federal Judiciary Council, and its work also comprises the training of public servants and activities of dissemination of information on the reforms. As part of the efforts towards the implementation of the reforms, within the Judicial Branch, more than 5,781 public servants have been trained, and more than 3,500 public servants were certified in the Human Rights in the Federal Judiciary program. Further information can be found in the webpage www.cjf.gob.mx/Reformas.

59 Chihuahua, Estado de México and Morelos.

60 Baja California, Chiapas, Durango, Guanajuato, Nuevo León, Oaxaca, Puebla, Tabasco, Yucatán and Zacatecas.

61 Coahuila, Michoacán, San Luis Potosí, Tamaulipas, Tlaxcala and Veracruz.

62 Aguascalientes, Baja California Sur, Campeche, Colima, Distrito Federal (Federal District), Guerrero, Hidalgo, Jalisco, Nayarit, Querétaro, Quintana Roo, Sinaloa and Sonora.

63 In November 2012, the CJF and the National Banking and Trade Commission signed a collaboration agreement in order to Exchange information regarding the bank accounts and financial activity of judges and public servants working in the judicial branch.

64 Amparo trial (appeal for constitutional protection) 806/2011-I (Access to justice for persons with disabilities); Amparo trial 1196/2011 (Provisional alimony and child support); Amparo trial 352/2011 (pro personae and equality principles); Amparo trial 601/2011 (human right to health); Amparo trial 21/2011 (noncompliance with child support); Revision appeal 435/2011 (human right to health);

Complaint 4/2012 (entry into force of the new criminal system); Amparo trial 67/2012 (right to due process); Amparo trial 1278/2011 (fundamental right to equality, non-discrimination and social security); Amparo trial 1157/2007 (human right to health); Amparo trial 181/2011 (principle of the best interest of the child and a minor’s right to be defended at court); Amparo trial 237/2012 (right of access to justice); Amparo trial 526/2011 (human right to a simple, effective and speedy remedy);

Amparo trial 1060/2008 (control of conventionality); Amparo trial 1138/2012 (preventive

imprisonment of minors in the new criminal system and the fundamental right of legality); Amparo trial 742/2012 (ex officio control of conventionality concerning arraigo; the right to personal freedom, judicial guarantees and freedom of movement); Revision appeal 743/2011 (legitimate interest and the rights to human dignity, to life, adequate housing and personal integrity); Criminal case 48/2011 (right to the presumption of innocence); Amparo trial 1494/2011 (justiciability of economic, social and cultural rights); Amparo trial 895/2011 (human right to honor, dignity, privacy and protection of personal data); Amparo trial 76/2012-III (collision of rights: freedom of expression vs. non-discrimination and honor); Amparo trial 614/2012 (equality, legality certainty and pro personae principles); Amparo trial 377/2012 (control of conventionality); Amparo trial 736/2012 (right to consular assistance, notification and communication); Appeal 215/2012 (human right to personal freedom).

65 From the Report on Mexico of the Working Group on the Universal Periodic Review (A/HRC/11/27).

66 September 1^st to December 15, 2013.

67 The proposed reform intends to reduce the permitted time frame for the use of this figure, and to establish further requisites for its application.

68 As Mexico reported in its June 2009 complementary response to the Universal Periodic Review, the General Investigation Coordination within the PGR has continued the investigations and processes related to social and political movements of the past. At the same time, SEGOB launched a program designed to provide attention to the individuals referred to in recommendation 026/2001 issued by the CNDH, regarding specific facts concerning human rights violations that took place during the sixties, seventies and early eighties. This program includes the payment of compensation, guarantees of non-repetition, the acknowledgement of State responsibility, as well as comprehensive attention for victims and their families.

69 The Unit was created in June 2010, and is comprised of military personnel with knowledge and experience in the field of human rights, public policy and community outreach, and of civilian personnel with the same set of skills, to collaborate in the furtherance of its functions.

70 Celebrated between SEGOB, SEDENA, SEMAR, the former Ministry of Public Security (SSP) and

70 Celebrated between SEGOB, SEDENA, SEMAR, the former Ministry of Public Security (SSP) and