Mexico – UAB Institute for Human Rights Blog

Mounting Peril: COVID-19 in Mexico

As the novel coronavirus (COVID-19) expands throughout the United States (U.S.), its impact has rapidly reached vulnerable communities south of the border. As the 10^th most populous country in the world, Mexico is beginning to experience an influx in COVID-19 cases and, especially, deaths which has exacerbated many inequalities throughout the country. This blog addresses Mexico’s relevance in the COVID-19 pandemic and how it has influenced human rights issues concerning gender-based violence, indigenous peoples, organized crime, and immigration.

As of late-August, approximately 580,000 Mexicans have been diagnosed with COVID-19, while over 62,000 have died from the virus. Mexico’s capital of Mexico City is currently the country’s epicenter with over 95,000 confirmed cases of COVID-19. North of the capital, Guanajuato is nearing 30,000 confirmed cases as the second-largest hotspot, while the northern border state of Nuevo León has nearly 28,000 confirmed cases. Additionally, on the Gulf side, Tabasco and Veracruz are each nearing 28,000 cases of COVID-19. Interestingly, the southern border state of Chiapas, which has a large indigenous population, presumably has the lowest death rate (<1 death per 100,000 cases) which ignites concern about access to COVID-19 resources throughout this treacherous nation.

Gender-Based Violence

Mexico is on track to set an annual record for number of homicides since national statistics were first recorded in 1997. Femicide, which is the murder of women and girls due to their gender, has increased by over 30%. In the first half of 2020, there were 489 recorded femicides throughout Mexico. Much of this violence is attributed to the increased confinement of families since the arrival of COVID-19. For Mexican women, these atrocities are often the result of domestic abuse and drug gang activity which have both been on the rise. Regardless of how and why these acts are committed, it is plain to see that the vulnerability of women in Mexico has been exacerbated during the COVID-19 pandemic.

Mexico’s President, Andrés Manuel López Obrador (often referred to as AMLO), has been notorious for downplaying the country’s proliferation of gender-based violence. Despite an 80% increase in shelter calls and 50% increase in shelter admittance by women and children since the start of the pandemic, AMLO has insisted 90% of domestic violence calls have been “false”. As part of the COVID-19 austerity response, AMLO has slashed funds for women’s shelters and audaciously reduced the budget of the National Institute of Women by 75%. This all comes after the country’s largest ever women’s strike back in March, which AMLO suggested was a right-wing plot designed to compromise his presidency. AMLO has consistently scapegoated a loss in family “values” as the reason for the country’s endless failures while he promotes fiscal austerity during a global crisis.

Indigenous Peoples of Mexico

In Mexico’s poorest state, Chiapas, many indigenous peoples are skeptical about the COVID-19 pandemic. This is largely attributed to their constant mistrust of the Mexican government which views state power as an enemy of the people. As such, conspiracies have emerged such as medical personnel killing people at hospitals and anti-dengue spray spreading COVID-19, the latter inspiring some indigenous peoples to burn several vehicles and attack the home of local authorities. Nevertheless, Mexico has confirmed over 4,000 cases and 600 deaths of indigenous peoples throughout the country. The Pan American Health Organization (PAHO) suggests fostering better relationships with traditional practitioners can help limit the spread of COVID-19 in indigenous populations. Additionally, community surveillance efforts and communication through local language, symbols, and images will better protect Mexico’s indigenous populations.

Recently, 15 people at a COVID-19 checkpoint in the indigenous municipality of Huazantlán del Río, Oaxaca were ambushed and murdered. The victims were attacked after holding a protest over a local proposed wind farm, while the perpetrators are presumed to be members of the Gualterio Escandón crime organization, which aims to control the region to traffic undocumented immigrants and store stolen fuel. In 2012, members of the Ikoots indigenous group blocked construction of this area because they claimed it would undermine their rights to subsistence. This unprecedented event has garnered national attention from AMLO and the National Human Rights Commission (CNDH) as they seek to initiate a thorough investigation. As demonstrated, existing land disputes have been further complicated by the presence of COVID-19 and have thus drawn Mexico’s indigenous peoples into a corner of urgency.

Organized Crime

Over the past 50 years, more than 73,000 people have been reported missing throughout Mexico, although 71,000 of these cases have occurred since 2006. Frequently targeted groups are men ages 18-25 who likely have a connection with organized crime and women ages 12-18 who are likely forced in sex trafficking. This proliferation in missing persons is largely attributed to the uptick in organized crime and drug traffic-related violence that has plagued the country. Searches for missing persons have been stalled since the arrival of COVID-19 which counters the federal government’s accountability, namely AMLO’s campaign promise to find missing persons. AMLO insists that the government countering the drug cartels with violence, like Mexico’s past administrations, is not the answer. However, many analysts argue his intelligence-based approach has emboldened criminal groups, namely with homicides, during the COVID-19 pandemic.

On the other hand, with many Mexicans unable to work and put food on the table, drug cartels are stepping up to fill the void. The Sinaloa cartel, which is one of Mexico’s largest criminal groups and suppliers of Fentanyl and heroin, has been using their safe houses to assemble aid packages marked with the notorious Joaquín “El Chapo” Guzmán’s liking. Although this tactic has long been used by the drug cartels to grow local support, the COVID-19 pandemic has served as an opportunity to further use impoverished Mexicans as a social shield. These acts of ‘narco-philanthropy’, which is one of the many weapons employed by the drug cartels, has enraged AMLO who has relentlessly defended his administration’s response to COVID-19. This irony reveals how growing incompetence from Mexico’s government has left its people vulnerable to not only the pandemic of a generation but more drug cartel activity.

Immigration

With the U.S. government extending its border closures into late-August, tensions mount for the migrants who seek a better life in the U.S. In addition, with a growing number of COVID-19 cases in Arizona, California, and Texas, governors from Mexico’s northern border states have demonstrated reluctance to let Americans enter the country. These reciprocal efforts have made it exceedingly difficult for migrants, namely from Haiti, to seek asylum. As a result, the Mexico-U.S. border town of Tijuana has become a stalemate for 4,000 Haitian migrants in addition to another 4,000-5,000 in the Guatemala-Mexico border town of Tapachula. This has contributed to an economic crisis where there is no work available and people face the risk of being promptly deported, effectively nullifying their treacherous journey to Mexico.

Many undocumented migrants are afraid to visit Mexico’s hospitals due to fears of being detained which would introduce harsh living conditions that put them at greater risk of COVID-19. Across from Brownsville, Texas, in the Matamoros tent encampment, aggressive isolation efforts were enacted after it was discovered that a deported Mexican citizen had COVID-19. To curtail to risk of COVID-19, the mostly asylum seekers are now expected to sleep only three-feet apart, head-to-toe. On the other hand, some Mexican nationals are crossing the Mexico-U.S. border into El Paso, in addition to Southern California, under the travel restrictions loophole pertaining to medical needs. This influx is largely attributed to the lack of resources, such as oxygen and physical space, seen in many Mexican hospitals. As such, COVID-19 resource limitations are endured by both asylum seekers and medical migrants.

Woman sitting in front of a poster that includes pictures of femicide victims. — DRG Photo Contest Winner. Source: USAID U.S. Agency for International Development, Creative Commons.

Human Rights in Mexico

As shown, issues notoriously attached to Mexico, namely femicide, indigenous autonomy, organized crime, and immigration, have been further complicated by the COVID-19 pandemic. Femicide has grown due to a culture of misogyny that has proliferated during the lockdown. Indigenous communities have developed more distrust for the federal government, particularly as it relates to public health and land rights. Organized crime groups have extended their reign of terror on the Mexican people by weaponizing the effects of COVID-19. Immigrants, mainly from Central America and the Caribbean, are not only running from their dreadful past but also face the challenging prospects of a world with COVID-19.

As a global influence, Mexico fosters the responsibility to uphold international standards related to women’s rights, indigenous rights, and immigrant rights. Despite each of these issues having their own unique human rights prescription, they could all be improved by a more responsive government. This has rarely been the case for AMLO who has consistently minimized the urgency, and sometimes existence, of human rights issues in Mexico. Furthermore, austerity measures provoked by COVID-19 should not come at the expense of Mexico’s most vulnerable populations because they exacerbate existing inequalities and serve as a basis for future conflict, insecurity, and violence. One of the most important ways the Mexican government can limit these inequalities is by properly addressing the war on drugs which includes closing institutional grey areas that foster crime, strengthening law enforcement, and ensuring policies carry over into future administrations. All the while, the U.S. must address its role in Mexico’s drug and arms trade. Confronting these growing concerns from both sides of border is the only way Mexico while encounter a peaceful, prosperous future.

The Dynamics of Member States

The United Nations held its 12th Session of the Conference of States Parties to the Convention on the Rights of Persons with Disability, CRPD, between 11th to 13th June 2019. I recently got a graduate assistantship position with the Institute of Human Rights UAB and I was selected as one of the rapporteurs from the institute to attend this prestigious event. Despite being new to the institute, I could not have asked for a better start than going to the United Nations Headquarters, not as a visitor, but a note taker in one of the round table discussions of member states. Although on several occasions, I have always dreamed of visiting the UN Headquarters, yet, I never imagined I would be graced with such an opportunity to experience the spectacle and majesty of the UN as a rapporteur. This has made me realize there is never a dream too big to achieve as all we need to make it a reality lies in our will.

The United Nations serves as an international framework where the world comes together to identify various challenges, share resolutive ideas, discuss developmental strategies and initiatives, and form stronger alliances. The Conference of State Parties to the Convention on the Rights of Persons with Disability serves as one of the platforms that ensure the needs of Persons with Disability (PWD) are adequately met and catered for. This year’s theme focused on improving and increasing accessibility and inclusion of persons with disabilities into all spheres of the society by ensuring utmost respect to the rights of PWD at all levels. Recent evidence suggests that by developing new and improving existing technological, digitized and ICT oriented innovations, it will better aid and assist PWD and increase their accessibility. Another fundamental area involves promoting social inclusion for PWD, by ensuring their access to the highest level of healthcare services and extensive participation in the cultural life, recreation, leisure, and sporting activities within the society.

Coming from a third-world region, Africa remains in constant need of evidence-based initiatives and mechanisms that will aid her in achieving sustainable growth and development at all levels. Over the years, the continent has continuously experienced several cases of inefficiencies at all levels, with little or no evidence of improvement being recorded. One issue that constitutes a major area of concern is the rights of Persons with Disability. PWD are faced with the worst situations you can ever imagine in most African communities. Despite the strong traditional and cultural heritage Africa possesses which constitutes part of the continent’s beauty and charm, it also serves as a curse especially to PWD. There exist different myths, beliefs, customs and misconceptions that negatively affect PWD till date because some traditions and beliefs cannot be abolished. In some cultures, families with PWD (blind, deaf, dumb and cripple most especially) often use their disability as an avenue to beg for alms, while in other cultures, families with PWD are believed to be cursed by the gods or unfortunate which often leads to the entire family being discriminated and treated as outcasts in the community. Other cultures consider specific disabilities such as cripples and hunchbacks, as items for rituals and sacrifices of all sorts.

Although several steps have been taken by various African governments to eradicate these ridiculous myths and beliefs, more needs to be done in ensuring PWD live normal and meaningful lives like others. One major area of concern that limits PWD in Africa is the poor social and political accessibility and inclusion. During the 3rd round table discussion, several member states discussed anticipated and already existing initiatives and programs that will/already include PWDs, and how they plan to sustain such developments. A few that caught my attention was the discussion by the representative of Zambia, Honorable Olipa Makiloni Phiri Mwansa, who spoke about new legislation known as the Zambia Disability Act which assists the nation to develop in-depth demographic characteristics of PWD. The Sri Lanka representative, His Excellence, Dr. Rohan Perera, spoke about the level the nation has gone in ensuring the successful implementation of the National Human Rights Action Plan for PWD by embedding the “Foundation for Inclusion of PWD” into the nation’s constitution. Morocco’s representative, Ambassador Omar Hilale on the other hand, discussed a framework already being implemented, which strictly focuses on providing vocational training for PWD in vulnerable communities to increase their social inclusion. One nation that has fundamentally developed its accessibility and inclusion rate in Mexico. Her representative discussed the 2018 general elections which were considered the most inclusive election in the country’s history as it ensured PWD had easy access to polling units and were also among the electoral officials during the entire election process.

In terms of challenges faced by some member states, the Republic of Ireland representative gave an extensive remark about how several nation-states government and public sector is not adequately and structurally designed to meet the needs and demands of PWD and such inefficiency issues need to be addressed by the UN. Also, the first panelist, Ms. Tytti Matsinen (Disability Inclusion Adviser, Finland), spoke about how several communities presently have poor access to standard technologies which further increases the marginalization of PWD. She advocates that individuals, agencies, and organizations who are outside the job market be integrated into making assistive technological innovations for PWD more available and accessible. Finally, the Association for Deaf People (NGO) elaborated the need for parties and agencies to collaborate with PWD when developing technological and ICT programs and products because they possess a good degree of knowledge of their condition.

This Conference made me understand how much effort the United Nation renders in ensuring member states achieve their desired growth at all levels, but more needs to be done in ensuring certain developmental policies, initiatives, and action plans are efficiently carried out by her members. The CRPD Committee representative spoke about how several member states failed to adopt the Public Procurement Policy which was structured at all levels to achieve greater accessibility standard for PWD. Although he condemned the attitudes of such states, he advised the UN to put in biding sanctions to member states that fail in this regard. At the close of the session, there was a resounding echo of relief by representatives of all member states, each having given meaningful insights and recommendations to various challenges faced at national and international levels.

I am fortunate to have been selected to attend the conference, especially as a rapporteur in one of the round table sessions alongside several other side events which I may write about in subsequent blogs. Based on my love for policy and advocacy, it truly was a learning process and a developmental experience for me and I would like to appreciate the wonderful Dr. Tina Reuter and the Institute of Human Rights, UAB, for giving me this opportunity to see the world at large. I really had a wonderful experience and I am looking forward to many more field trips as this, and I will always be open in assisting and representing the institute at all levels.

Give Me Your Tired, Your Poor: The U.S. Refugee Crisis

On Monday, November 12, the Institute for Human Rights co-sponsored an event with local education, faith-based, and law organizations at Birmingham-Southern College (BSC), titled Addressing the Global Refugee Crisis – Part 2: Focus on the United States. The panel discussion, moderated by Anne Ledvina ( Associate Director at BSC – Ellie and Herb Sklenar Center for International Programs), included Yanira Arias (Campaign Manager at Alianza Americas), April Jackson-McLennan (Attorney at The Law Office of John Charles Bell, L.L.C.), Sarai Portillo (Executive Director at Alabama Coalition for Immigrant Justice), Roshell Rosales (Member at Adelante Alabama Worker Center), and Jessica Vosburgh (Executive Director at Adelante Alabama Worker Center), addressing the Central American migrant caravan, definitions of immigration law, and Alabama’s role in the current refugee crisis.

From left to right: Anne Ledvina, Jessica Vosburgh, Roshell Rosales, and April Jackson-MacLennan pictured on the discussion panel. Source: UAB Institute for Human Rights

Arias and Portillo first addressed the audience by speaking about the recent events in Mexico City where many Central American caravan refugees were staying in a stadium serving as a makeshift camp. Here, many tenants camped on the field or slept on the bleachers, received medical attention and waited in line for basic resources, such as water, that had limited availability. Not only does Portillo assist migrants in her birthplace of Mexico but heads the Alabama Coalition for Immigrant Justice (ACIJ), a grassroots network of six non-profit organizations and various individuals dedicated to protecting and advancing immigrant rights by developing leadership, aligning with other justice causes, encouraging civil participation, and advocating for just policies. Arias’ organization, Alianza Americas, which is a national network serving Latino communities, is currently facilitating donations for Central American caravan refugees through the Refuge for Families Campaign.

Vosburgh then initiated discussion around the narrow qualifications for refugee status and mentioned the disproportionate effects of being an LGBTQ refugee such as allocation to immigration facilities based on birth-assigned gender and sexual exploitation. Additionally, Vosburgh insisted the United States plays a unique role in creating refugees, namely through the war on drugs and neoliberal economic policies which perpetuate destabilization in the Global South. Vosburgh heads Adelante Alabama Worker Center, a Hoover-based organization dedicated to uniting low-wage and immigrant workers as well as their families for defending and promoting human, namely labor, rights in vulnerable communities. Adelante offers a myriad of programs, including the Accompaniment Program, which matches volunteers with community members to assist with transportation to court hearings as well as probation appointments, as well as English classes and legal representation. Additionally, Roshell Rosales, an Adelante member and Montevallo University sophomore, spoke about her experiences as a Dreamer, including scrutiny from law enforcement and the opportunity to earn a scholarship through The Hispanic Interest Coalition of Alabama (¡HICA!).

Jackson-McLennan elaborated on the services provided by The Law Office of John Charles Bell, L.L.C., particularly their focus on affirmative asylum (obtaining asylum) and defensive asylum (defense against removal from U.S.) cases. Their services are salient to the region because not only is Alabama void of an immigration clinic, which often provide affordable legal services, but the political climate of the state often serves as a disadvantage to immigrants, speaking to the importance of their work. Also, due to predatory law practices in the Birmingham area, attorneys at John Charles Bell provide their immigration legal services on a low bono basis, meaning their assistance is accessible and affordable to potential clients.

Although these organizations do fascinating work to advance the rights of immigrants in the, every additional ally to the cause could be life-changing, whether it be through employment, housing, legal, or transportation assistance. Furthermore, our current political climate carries vestiges of anti-immigration efforts from the 20th Century when individuals and families, namely from the Jewish community, left their homes to escape conflict and faced persecution. As a result, more than 1,000 Central American refugees are at the U.S.-Mexico border in Tijuana, facing law enforcement with tear gas, pleading for a chance at a better life. Such a crisis speaks to our moral compass, not only as a country but global community, whose Universal Declaration of Human Rights, via the United Nations, demonstrates that everyone has the freedom of movement within each state (Article 13) and a right to a standard of living adequate for their health and well-being (Article 25).

If you’re interested in participating in the advancement of immigrant rights, both locally and globally, please mark your calendar for March 4, 2019 for the third installment of this series which will be held at Samford University and focus on a community action plan. Please stay tuned for more details.

The CRPD: Path to Inclusion

UN General Assembly. Photo by Aseel Hajazin.

It has been almost been two months since the Institute for Human Rights at UAB has gone to the United Nations and the experience is still so surreal. I have always dreamed about one day working for the United Nations; I just did not realize that the opportunity would come so soon. This was also my first time in New York and actually in a lively city, so I was also really looking forward to that experience. Our team was not only going to the UN for a tour but to work. As a rapporteur, I took notes and summarized the comments made by the participating countries during the general debate and concluding conference.

Even though every delegate of their respective country has meaningful contribution to the conference, the countries that stood out the most to me was my home country of Jordan, and my host country, Saudi Arabia. In the Arab World, persons with disabilities are unfortunately sometimes invisible members of society. The conference changed my perspective on the inclusion of Arab people with disabilities in their home countries. I was fortunate enough to interact with many Arabs with disabilities in the conference and listen to their experiences. The statements that stood out to me expressed feelings of relief due to an acknowledgment by their governments; noting a significant improvement of inclusion of persons with disabilities in society, through the implementation of special programs focusing on the education and recreational needs of people with disabilities that were not present 20 years ago.

When I was 12 years old, I visited a school called The Lady of Peace in Amman, Jordan. This school focuses on providing both the educational, recreational and psychological needs of all people with disabilities. I mentioned this to one of the fellow Jordanians participating in the conference, and she knew exactly which school I was talking about! She updated me on the school and let me know they have become very involved in advocating for the rights of people with disabilities by attending conferences throughout Amman. They are not only focusing their attention on providing these services but also promoting disability rights as human rights. She also highlighted that even though the school is a Christian led organization, both Muslims and Christians respectfully come together to help organize fundraisers to continue help the school keep it functioning. The Lady of Peace continues to have a strong sense of unity and community, even after all of these years.

For me, the most impactful moment of the whole conference were the comments made by the delegate of Iraq. They highlighted how global factors need to begin focusing on people affected by disabilities due to war and violence. The delegate mentioned how before violence and war, many of the refugees were not previously disabled. Global assistance and humanitarian efforts need to focus on helping these people adapt to their new situation by providing both technological and psychological assistance and support. Before the conference, the concept of disability due to violence never crossed my mind, and after the delegates remarks I experienced an “ah-ha” moment. The media, when reporting of refugees, focuses on the health and shelter of refugees but not once have I personally heard the media report on the struggles faced by people with disabilities. Initially, I was disappointed in myself for overlooking this population. I now realize that I need to take advantage of my awareness of the reality of disability and war, advocating for awareness to other members of society.

My favorite moment of the whole conference were the comments made by the delegate of Mexico. She was very vibrant and uplifting and reminded members of the conference that we need to change the way we portray people with disabilities. We as a society discuss disability we need to make it fun, exciting and in her words “sexy.” I enjoyed her remarks because she reminded us that we do not have to remain serious all the time when discussing disabilities, and if we want members of our society to care about disability rights, we need to approach the topic in a more engaging and optimist manner.

Overall, this experience was humbling. Throughout the conference, I felt surrounded by love, acceptance, and people who want to make a genuine change in the world. I learned so many different concepts from how the UN operates to what members of our society can implement regarding policy to influence change and real results. I hope one day to have the opportunity to return to the UN and work for them. Thank you to Dr. Reuter for this opportunity, and thank you to my team for making this trip so memorable. I will never forget this opportunity and will definitely cherish it forever.

Show me your papers. Show me your humanity.

The Significance of Following Asylum Seekers’ Stories, from a Human Rights Student’s Perspective

Over the past year I have had the opportunity to be involved, peripherally, in cases of Mexican nationals seeking asylum in the United States. The first case that Dr. Chris Kyle involved his students in was a woman fleeing Mexico with her very young children after an extortion attempt and death threats. My involvement was to research in ethnographies, books, and other sources to provide the woman with a claim to a “particular social group.” The assignment was to prove that this woman was targeted for persecution on account on her membership in a “particular social group”. Because drug cartel activities and government corruption produce victims indiscriminately, demonstrating membership in a particular social group is arguably one of the most difficult aspects of asylum claims for Mexican applicants. The argument I made placed the applicant in a PSG of ‘women whose husbands are migrant workers’. She was recognizably vulnerable in her community without the protection of an adult male in the household, as well as vulnerable to extortion due to possible remittances from her husband. (The woman and her children were granted asylum and this case set a precedent for this particular social group to be recognized in future asylum cases.)

This semester I have shadowed Dr. Kyle when he is asked to be an expert witness for asylum applicants, testifying to the credibility of their claims due to violence in the state of Guerrero, Mexico. Much of what I have done this semester is to listen in to conversations between Dr. Kyle and immigration lawyers, research the obstacles that Mexican asylum seekers face, and explore the moral and legal arguments in human rights claims. It has been my experience while shadowing Dr. Kyle through a few asylum claims, that humanizing issues of asylum, immigration, and migration, is invaluable to understanding these issues in an academic setting. Having the opportunity to be involved even minimally in these asylum cases has been crucial to my perspective on human rights. For me, studying human rights isn’t about broadly philosophical, conceptual ideals. My experience with asylum cases over the past year has provided a more intimate understanding of human rights as the recognition of intrinsic human dignity and the use of law and institutions to affirm the value of human life.

When immigration lawyers ask for an expert witness to attest to a specific aspect of an asylum claim they send their client’s affidavit to the expert. Asylum seeker’s affidavits are essentially an outline of every trauma the claimant and their family have endured that could justify their need for asylum. In one particular case this semester the list of traumas I noted included the following: child sexual abuse, child molestation, rape, attempted gang rape, kidnapping, extortion, physical violence, death threats, torture, and PTSD. In this particular case the lawyer feels confident that the family will be granted asylum, but there are still uncertainties and possible complications in the legal argument on their behalf.

Reading each of these individual’s asylum claims has provoked me to question the ways in which we interpret and practice asylum law. Do we consider our moral responsibility to fellow humans often enough? Do we consider the ethical implications of political biases of immigration judges? Is the United States meeting its obligations under international law to accept and protect legitimate asylum seekers? My answer is consistently, no.

At one point during my research on international refugee laws and mobility rights, it became suddenly clear that who we ascribe human rights to is tied up in the symbolism of an object that societies have conjured as proof of humanness: documentation. In the United States, legal rights such as those provided through citizenship are paramount to our notion of humanity. Migrant workers are protected with certain rights… as long as they are documented as a migrant worker. Who is worthy of protection under the law? Who is worthy to work in order to shelter and feed their family? Being protected from harm and having the ability to provide for our families’ survival are human rights. Yet we ascribe value to a person based on the papers they carry, and devalue them based on the papers they don’t carry.

In the US, we use “undocumented” and “illegal” synonymously. Being “undocumented” is a crime worthy of prison detention and deportation to certain harm or death. Without “proper documentation”, people may be denied their rights, arbitrarily detained, and unprotected from abuse. Are we living in an era of human history where compassion is contingent on papers? Documentation is important for security matters, but it shouldn’t be the scale for whose life is valuable.

Kara is a graduate student in the UAB Anthropology of Peace and Human Rights program. In the coming weeks, Dr. Kyle and Kara will host a lecture to discuss their work.

Mexico’s Interrogation Secrets Revealed

Barbwire fence. Source: Edmund Garman, Creative Commons

Cruel and unusual punishment is a human rights issue we don’t hear enough about. It is illegal according to our US Constitution and the Eighth Amendment and a grave human rights violation according to international treaties and documents. For example, Article 5 of the Universal Declaration of Human Rights reads “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The Convention on the Protection of against Torture and Other Cruel, Inhuman Treatment or Punishment describes what actions constitute to be labeled as torture, the government and law enforcement’s responsibility to prohibit the use of torture or inhuman treatment through training and a concern for law and order, and the rights a person has if they were to be tortured by the state.

Imagine that you are being detained and questioned because it is believed that you may be involved in illegal drug activity. Your questioning consists of electro-shock, beatings, rape, and other forms of sexual assault. Would you consider that cruel and unusual punishment? Most would think so. Sadly, it is not unusual in many countries around the world. Mexico is only one case study.

Amnesty International reports that the government of Mexico is currently committing torturous acts on women who have been accused of participating in illegal drug activity or organized crime. There are at least one hundred women who have come forward and spoken about their experienced abuse by law enforcement at every level: local, state, and federal- including the Army and Navy. Each of these women have reported experiencing some kind of torture whether that be psychological abuse, sexual abuse, or both (usually both). It was reported that seventy-two women were “sexually abused during or hours after their arrest.” Thirty-three of those women stated that they were raped.

Mexican woman selling crafts. Source: Frank_am_Main, Creative Commons

In 2013, Mónica was 26 when she was “gang raped by six municipal police officers, received electro-shock to her genitals, was suffocated with a plastic bag, was dragged across the floor by her hair, and had her head plunged into a bucket of water in the city of Torreón, where she also witnessed the torturous death of her husband.” She watched as her husband was being tortured by “beatings with metal studded whips and the skin on his legs being peeled off with a knife…” When the couple and Mónica’s brother were being transported to the Attorney General’s office, she watched her husband take his last breath of life. She was later flown to Mexico City and taken to the Deputy Attorney General on Organized Crime. Mónica told Amnesty International that she was forced to “sign a confession stating that she was a part of a drug cartel,” notwithstanding the fact that it is a non-admissible confession in court if torture was involved according to Mexican law.

Torture and harsh interrogation tactics are common practice in Mexico’s investigations of drug-related organized crime.

Why did she receive such despicable treatment? I think the police of Mexico are trying to send the message that they are actively pursuing the drug trafficking problem the country faces. They are using women like Mónica who are of lower socioeconomic status because they are perceived as the “weakest link in the trafficking chain and are seen as ‘easy targets’ to arrest.” These women also are more susceptible to not being able to pay for even a halfway decent defense attorney. This means that not only are they vulnerable to arrest, but also vulnerable to police brutality. This isn’t the first time Mexico has been “caught in the act” of committing illegal arrests and mistreating those who are arrested. In fact, Amnesty International reported that since 1991 there have been thousands of complaints associated with the ill-treatment and torture of those who have been arrested, yet only fifteen of these cases resulted in federal criminal convictions, including the case of General Manuel de Jesus Moreno Aviña.

Back in 2008, the Mexican Army took on an immense responsibility to put a stop to organized crime and drug cartel activity. General Aviña was accused of torturing and murdering José Heriberto Rojas Lemus. Lemus “was tortured within the Ojinaga military garrison where he was strapped to a post and soaked with water before he was given electric shocks for hours.” The court sentence read that it’s possible Lemus died from multiple cardiac arrests due to the shocks, yet the military doctor was ordered to write on the death certificate that Lemus overdosed. Another case involves a video that has surfaced of a woman being tortured by a female federal officer and two army soldiers through suffocation. The Department of Defense has stated that “these events occurred on February 4, 2015 in Ajuchitan, a small mountain town in southern Guerrero state.” The Mexican army has announced that the two soldiers involved are currently in a military prison awaiting trial, but there has been no word on whether the federal officer will face charges or not. What is different about these cases is that since they involved military personnel, the military justice system took control. As Raul Benitez, a security specialist and political science professor, explains it, “the military justice system tends to be very strict in such cases, because (the soldiers in the video) are casting the institution in a bad light.” Civilian prosecutors aren’t so swift in taking these cases on.

Source: Zachary Perlinski, Creative Commons

So, if cases of torture like these were investigated, why are a significant majority of them not? The torture case that occurred in Ajuchitan in 2015 is considered “special” because it was easy to investigate due to the fact that all the evidence needed is in a video rather than just simply accusations of torture coming from prisoners. Torture and harsh interrogations are prevalent in Mexico’s investigations. Mexico has signed and ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as the International Covenant on Civil and Political Rights and supported other human rights documents dealing with torture and arbitrary arrest and is thus in violation of these international human rights treaties. The reports are out from Amnesty International, as well as other human rights organizations, but reports are the only way thus far that Mexico can be held accountable globally. So my question is: what do we do now?

Mexico is breaking its obligations under international law by illegally detaining and torturing people.

Mexico wants to give the appearance that they are in compliance with international law as they pursue and prosecute organized crime/ drug cartel activity that has plagued the country for years. However, when reports and videos surface that show exactly who they are harassing, arresting, detaining, and torturing Mexico was hard pressed to justify its actions. In my opinion, they don’t want to go after the real gangs and drug lords because money talks. Corruption is widespread – in fact, drug cartels paid around $100 million A MONTH to police officers nationwide to turn their heads they other way. Part of the problem is the very low pay of police officers (j ust over 20 percent earns less than 1,000 pesos ($79) a month, while 60.9 percent earns no more than 4,000 pesos ($317) monthly. To fulfill its obligations towards the U.S. and expectations by the international community, Mexican authorities often target women and men of lower economic status who don’t have the funds to pay bribes to law enforcement officials or the network to be kept out of jail. This begins the cycle of violence described above, which will be very hard to break as long as corruption within Mexico’s federal, state, and local governments continues. Fundamental reform of Mexico’s militarized police force, law enforcement, and the judicial system as well changes on socio-economic policy are needed to end unrest and diminish the power of organized crime and drug cartels.