SMA PROGRAMS: indigenous rights:
Indigenous Rights, Mexican Legal Ethics and The Culture of Impunity

Although Mexico theoretically recognizes the rights of indigenous peoples—and ratified Convention 169 of the International Labor Organization—decisions over land titling have been taken under the narrow interpretation of Agrarian Law and the ejido system. As a consequence, decisions that affect indigenous populations have been left either in the hands of corrupt ejido leaders or conservative judges.

Indigenous land claims and demands against fraud, embezzlement and other crimes are frequently rejected in decisions rationalized by arbitrary bureaucratic standards.  These decisions provide de facto protection of acts of fraud and violence, creating a culture of impunity in the Sierra.

The conservative nature, political philosophy and conflicts of interest of individual judges, state and federal attorney generals are of grave concern.  However, systematic violation of both individual and collective human rights is due to the hierarchy of ethical values expressed in court decisions.  Over the past two years, the higher courts have repeatedly rejected Indigenous Rights and Human Rights claims, such as Pino Gordo and Coloradas de la Virgen, reversing protections granted by lower courts.  

The judicial system obstructs justice even in criminal cases such as the beatings and threats against community advisors Ramiro Castellano and Isidro Baldenegro in San Carlos, Chihuahua,. Endless delays, corrupt authorities and bureaucratic requirements wear down the victims, augmenting local danger and conflict.

Armed robbery, fraud, embezzlement, kidnapping, assault, threats and murder are common threats to individuals and communities in the Sierra, affecting community life, land, forest, and culture.  Until enforcement and jurisprudence adapt swift response and zero tolerance for these crimes, until protection of constitutional rights supersedes indiscriminate bureaucratic standards, until the tribunals prioritize protection of individual and collective human rights, and until rapid enforcement replaces systemic negligence of criminal and civil violations, Mexico will fail to protect its most vulnerable citizens and its most valuable biocultural resources.

With the help of national and international lawyers, SMA is working to change this pattern of disrespect for fundamental rights and ethical governance.   We are developing legal strategies to influence court decisions to apply higher human rights standards. Our specific objectives in 2006-2007 include:

• Continuing the claims in the Agrarian Court and the support on administrative issues;
• Maintaining vigilance on local security, especially in the cases of Coloradas de los Chavez and San Carlos;
• Continuing to promote media coverage of the trials and local conditions
• Maintain suspension of logging until the land is restored to the Tarahuamara.
• Conduct a legal peer review and educational campaign in cooperation with US and Mexican attorneys and academics to pressure the superior courts, whose questionable judgments have fostered corruption and contributed to regional instability.