Estacion Libre

Mobilization in Support of the Chiapas Community Defenders Network: Nov 19th

Zapatista Organization Files International Complaint Against Mexican Government!

Support Them As They Hold The Mexican Government Responsible To International Agreement on Indigenous Rights, Justice, and Self-Determination

To local, national and international civil society and media:

* What: Fax Jam Campaign demanding that the Mexican government comply with
International Labor Organization (ILO) Convention 169 on Indigenous and
Tribal Peoples in Independent Countries (see sample letter below)

* When: Monday, November 19, 2001 all day (as started October 12th)

* Where: Local Mexican Consulates (available at:
www.mexonline.com/consulate.htm)

* Why: On October 26, the Chiapas Community Defenders Network (La Red de
Defensores Comunitarios por los Derechos Humanos) announced that they filed
a formal complaint with the International Labor Organization (ILO) against
the recently passed Indigenous Reform in Mexico. They need our support to
pressure the Mexican government.

For the first time in ILO history, an indigenous organization has filed a
complaint against an indigenous reform! The Chiapas Community Defenders
Network (La Red de Defensores) is a network of indigenous Zapatista
representatives defending human rights in their communities, including those
of non-Zapatistas. All members are elected by their communities and trained
in Mexican and international human rights law. On October 12th they filed
the first of three cases against Mexico for its failure to comply with
Convention 169 of the International Labor Organization (ILO).

ILO Convention 169, ratified by Mexico in 1990, obligates state governments
to recognize and strengthen indigenous rights in the following respects: the
right to land, the right to be consulted in decisions that affect them, the
right to respect for their own institutions, and the right to control their
own development. The Zapatistas and most indigenous groups in Mexico are
calling attention to the programmed flaws of the recently passed reform.

In 1996, the San Andres Accords were signed by the Mexican government and
the EZLN. Peace negotiations stalled when the government failed to submit
the resulting legislative proposal, already a compromise for the Zapatistas,
to the Senate. The EZLN demanded 5 signs that the government was serious
about negotiations, which the Zedillo administration never fulfilled. When
President Fox was elected, the EZLN reduced the number to 3 signs as a show
of good faith. However, the Fox administration has NOT FOLLLOWED THROUGH on
those three signs: 1 - implementation of the San Andres Accords, through the
Cocopa proposal, 2 - the liberation of all Zapatista political prisoners,
and 3 - the withdrawal of the military from 7 key bases in the conflict
zone.

The recently passed Reform on Indigenous Rights directly undercuts
indigenous institutions and autonomy, 9 Zapatista political prisoners remain
incarcerated in Chiapas, Tabasco and Querétaro, and the government continues
to control 3 of the "withdrawn" bases. Chiapas continues to be a heavily
militarized low-intensity war zone and paramilitary harassment has been
increasing with impunity. The brutal murder of human rights lawyer Digna
Ochoa and the unjust detainment of Portuguese citizen Jose Bettencourt in
Chiapas further reveals the blatant hypocrisy of the Fox administration.

Rising up in 1994, the Zapatistas are an inspiring example of possibilities,
overcoming profound ethnic, religious and gender divisions to build a
unified struggle that tangibly addresses community needs. Please support
them in their efforts.

For more information you can contact:
Chiapas Community Defenders Network at reddedefensores@dojo.tao.ca or
project169@hotmail.com
Estación Libre at e-libre@tao.ca

Please cc: the following US contacts and/or call for further action (please
consider taking the initiative in your region):
Bay Area, CA: ShawSan w / EL: 408.255.3192 or ssinmexico@hotmail.com
Los Angeles: John of EL: 323.261.4513 or down4brown68@hotmail.com
Minneapolis: Emmanuel of EL: 612.729.6832 or boricano@hotmail.com
New Orleans: Miguel of EL: 323.273.5724 or q.vo@mindspring.com
New York City: Ashanti of EL: anarchistpanther@hotmail.com
Orange County: Bethania of UCI: 949.823.9281 or drjones34@hotmail.com
Riverside: Carlota of EL: 909.279.6417 or eyesopen13@yahoo.com

=========================================

SUGGESTED LETTER

[Date]

[Name of Consul]
Consulate General of México in [City, State, Country]
Address Line 1
Address Line 2

To Deputy Consul XYZ:

The Zapatistas have inspired concerned people around the world in their
struggle for democracy, liberty and justice. I stand in solidarity with the
Chiapas Community Defenders Network (La Red de Defensores Comunitarios por
los Derechos Humanos ) in their efforts to hold the Mexican government
accountable to Convention 169 of the International Labor Organization.

In 1990, Mexico signed ILO Convention 169, which obligates state governments
to recognize & strengthen the rights of Indigenous populations in the
following respects: the right to land, the right to be consulted in
decisions that affect them, the right to respect for their own institutions
and customs, and the right to manage and control their own development.

Unfortunately, Mexico is failing to meet its obligation as a signatory
government. The indigenous reform recently passed by the congress
specifically undercuts clauses in the Cocopa proposal that would have
strengthened indigenous rights, institutions and autonomy. Indigenous
communities were not consulted during the reformation process. Nor were
their demands taken into consideration.

The Mexican government has also failed to deal truthfully with the EZLN and
the international community. During his Presidential Address September 1,
2001, President Vicente Fox Quesada claimed to have carried out the "three
signs:" 1) liberation of all Zapatista prisoners, 2) withdrawal from 7
important bases in the low-intensity war zone, and 3) execution of the San
Andres Accords.

However, I am aware that: 9 Zapatista political prisoners remain
incarcerated in Chiapas, Tabasco and Querétaro; 3 former military bases
remain under government control without the consent of neighboring
communities (i.e. Amador Hernandez, Guadalupe Tepeyac and Rio Eusaeba); and
the recently signed Reform on Indigenous Rights and Culture has been
rejected by scores of indigenous groups across the nation, including the
Chiapas Community Defenders Network.

Furthermore, paramilitary harassment of communities in resistance has
escalated since the beginning of this year and while the military continues
to announce the withdrawal of certain checkpoints, the number of checkpoints
in rural areas has only increased. The death of human rights defender Digna
Ochoa signals the continuance of government repression against those who
speak strongly for indigenous rights. The arbitrary detention and
interrogation of Portuguese citizen Jose Alberto Bettencourt also signals
government discomfort with foreigner presence where they might witness human
rights violations against indigenous people.

I demand that the Mexican Government comply immediately with Convention 169,
as recommended by the Chiapas Community Defenders Network (La Red de
Defensores Comunitarios por los Derechos Humanos) through: the rejection of
the Constitutional Reform on Indigenous Matters, the creation of effective
protection of indigenous land, the consultation of indigenous people each
time their land or resources might be affected, the recognition of
indigenous people as entities of "public right," and the sincere fulfillment
of the "three signs" in order to dialogue with the EZLN.

Sincerely,

[your name]

* * *

Chiapas Community Defenders File a Complaint with the International Labor
Org

Chiapas Community Defenders Network

San Cristóbal de Las Casas. Chiapas.
October 26, 2001

With 180 pages of juridical arguments, 13 appendices, and more than 13
thousand signatures of support, the Chiapas Community Defenders Network (La
Red de Defensores Comunitarios por los Derechos Humanos) submits its
complaint to the International Labor Organization against the Constitutional
Reforms on Indigenous Matters.

The Chiapas Community Defenders Network presented its complaint against the
Constitutional Reforms on Indigenous Rights, with the support of the FAT
(Authentic Labor Front) and its 30 thousand members across the Mexican
Republic. The Chiapas Community Defenders Network presented its case under
the stipulations of Article 24 of the International Labor Organization's
Constitution, for violations committed by the Mexican government of
Convention 169 on Indigenous and Tribal Peoples in Independent Countries.
With this action, the Chiapas Community Defenders Network once again rejects
the Constitutional Reforms on Indigenous Matters, and demands authentic
recognition of the rights of indigenous peoples to self-determination and
autonomy.

Last May, the Chiapas Community Defenders Network started the process of
formulating its Representation against the New Indigenous Law from the
communities of Chiapas. This process involved workshops, public activities,
and the collection of signatures in different indigenous regions. As a
result of these actions, the Chiapas Community Defenders Network collected
13 thousand signatures from the communities represented by the members of
the Network. These signatures will be presented along with the juridical
arguments in order to demonstrate that dissatisfaction with this law runs
deep and is generated from the very same indigenous peoples and communities.
Furthermore, this is part of an exercise of juridical self-sufficiency, with
these same communities, through their elected defenders, who are presenting
the case before the International Labor Organization.

The Representation composed by the Chiapas Community Defenders Network
alleges that the Constitutional Reforms on Indigenous Matters, that became
part of the Political Constitution of the United States of Mexico the 14th
day of August, 2001, fails to put into effect the rights recognized by
Convention 169. For this reason, the Constitutional Reforms perpetuate
already existing violations by Mexico of Convention 169 and in other cases
represent new violations. The violations that the new constitutional reforms
entail can be organized in 5 categories: 1) Failure to Consult (Articles 6
and 7); 2) Identification (Article 1); 3) Right to Land (Articles 13-19);
Administration of Justice (Articles 8,9, and 10); Effective Protection of
the Indigenous Rights Recognized by Convention 169 (Article 12).
This complaint advises that the International Labor Organization apply
Convention 169 to Mexico, analyze the violations detailed in our
Representation, and determinedly reject the Constitutional Reforms for going
against Mexico's obligations as a signatory government of this Convention.

We hope that the ILO will review the conclusions presented by the Chiapas
Community Defenders Network and that it will also adopt as its own the
Recommendations proposed to the Mexican government. The recommendations
presented by the Chiapas Community Defenders include, to give a few
examples:

1. Evaluate and reject the Constitutional Reforms on Indigenous Matters
approved by the Congress of the Union, for not respecting the significance
of indigenous rights to self-determination and autonomy in international
law. Although the reform says that indigenous people have the right to
self-determination, in reality those rights depend on state congresses; the
same Reform established that it will be State Congresses which define the
nature of self-determination.

2. That the Mexican government be advised that the constitutional reforms
should be rejected for not having undergone consultation with indigenous
peoples affected by the law, as Article 6 of Convention 169 requires.

3. That in the new law, the requirements for the identification of
indigenous peoples are unjust and unreasonably infringe upon the community
rights recognized by the new law as well as Convention 169.

4. That the Mexican government create a tangible and effective protection of
the integrity of indigenous land. This entails revisions to Article 27 of
the Mexican Constitution, which eliminated the redistribution of communal
lands and permits the weakening of it as an institution.

5. That the Mexican government be advised that indigenous peoples have the
right to be consulted every time a given action may affect their lands and
natural resources.

6. The status of indigenous people as entities of "public interest" in the
new law does not fulfill the need to break the process of assimilation nor
does it recognize the right of indigenous people to control its institutions
and future. In order to do this, it is necessary to recognize indigenous
people as normative entities o "entities of public right."

In addition to the juridical arguments just described, 13 appendices were
included to give some context to the complaint, the most important being:

1. A list of signatures of support from the communities represented by the
Defenders;

2. The Reforms on Indigenous Matters, created by the Congress of the Union;

3. The Cocopa Law (because this initiative underwent consultation and better
complies with the rights detailed in Convention 169;

4. A list of denunciations of military and paramilitary activities in the
state of Chiapas under the new governments of Vicente Fox and Pablo Salazar;

5. Communiqués from the National Indigenous Congress and the EZLN against
the New Indigenous Law;

6. A list of indigenous and non-indigenous groups and individuals from civil
society denouncing the Constitutional Reforms (the list is 18 pages);

7. Summaries of militarization and paramilitarization in Chiapas, among
others.

Article 24 of the Constitution of the International Labor Organization
establishes that this Representation (that is already at the International
Labor Office) should be evaluated by a committee composed of representatives
of three groups (businesses, workers, and governments) from different
countries (Mexico would not be able to participate as it is part of the
violation). This committee should invite the government of Mexico to respond
to the allegations made by the Chiapas Community Defenders Network and
establish a schedule for the process. At the end of the process the
committee will submit it's final address to the governing body of the
International Labor Organization which will publicize its conclusions and
recommendations to Mexico.

The Chiapas Community Defenders Network hopes that this complaint serves as
one more mechanism through which the world will learn that the cause of the
indigenous of Mexico is a just one and that the war against them is not
finished until the government of Mexico truly recognizes their rights and
allows them to exercise self-determination and autonomy without
interference.

Sincerely

"IN OUR OWN DEFENSE"
"ASUMIENDO NUESTRA PROPIA DEFENSA"

THE CHIAPAS COMMUNITY DEFENDERS NETWORK
LA RED DE DEFENSORES COMUNITARIOS POR LOS DERECHOS HUMANOS
----------------------------

Translated by Estacion Libre