Link to University of Ulster web site Link to TJI website Link to INCORE website

About    Search    Glossary

text size switcher
 
The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Actions and Measures for Chiapas Joint Commitments and Proposals from the State and Federal Governments, and the EZLN
Record 220

Country :

Mexico/Chiapas

Agreement Title/Name:
Actions and Measures for Chiapas Joint Commitments and Proposals from the State and Federal Governments, and the EZLN
Year :
1996
Date Signed :

17 January 1996

Summary :

Agreement dealing with political participation and representation; guarantees of access to justice; situations, rights and culture of indigenous women; access to the communication media; education and culture; Institutions for the Promotion, Development and Diffusion of Indigenous Cultures.


Parties :
EZLN, Mexican Govt
Third Parties :
Statehood/Identity :
Commission for Municipal Reform and Redistribution established charged with defining the most ideal, far-reaching and most effective methods for more authentically and faithfully incorporating the contents of the multi-ethnic, multi-cultural and social diversity of the State. The Commission will propose reform to grant juridical validity to the institutions and practices of the indigenous communities for appointing their authorities; Provides for translation into indigenous tongues of the laws, codes and regulations, as well as current intl agreements and treaties, and the diffusion of these texts; Creation of the Indigenous Public Defenders Office, with lawyers and translators providing counsel and representation to indigenous peoples; parties commit to (a) recognition of the traditional or incumbent authorities in the indigenous communities, as well as their right to conserve both their institutions and their customs in the solution of internal disputes. Section on 'Access to Communication Media' reaffirms multi-cultural nation of Mexico and guarantees that the media will take this multi-cultural nature into consideration. 'Education and culture' section provides for creation of indigenous institutions who study, spread and develop indigenous tongues and who will translate scientific, technical and cultural works. The government of the State of Chiapas to create a state centre for Languages, the Arts and Indigenous Literature; provides for review of educational materials; state monographs to incorporate basic elements of the indigenous tongues characteristic of their particular regions; history books to provide equitable, accurate and instructive information on the society and cultures of indigenous peoples; extensive review of education sector; commits to creating places for the practices of traditional indigenous medicine and the granting of sufficient funds for the purpose; recognition and respect to the right to wear indigenous dress in all spheres of public life; Section on 'Institutions for the Promotion, Development and Diffusion of Indigenous Cultures' , see 'socio-economic/development'.
Governance/Democratic Inst :
First section deals with political participation and representation, establishing the Commission for Municipal Reform and Redistribution to recommend on a variety of reforms (see 'identity'), incl. means to guarantee the political representation of indigenous minorities living in the State's non-indigenous municipalities in such a way that they may have porportional participation in the municipal council as well as in the conformation of local Congress (i.e. reserved seats).
Women :
Section on 'Situation, Rights and Culture of Indigenous Women': commitment to legislate for the political rights of indigenous women, and to recognise within the constitution the specific rights of indigenous women, to guarantee the labour rights of indigenous workers, and to incorporate the rights of temporary workers into the Federal Labour Act; review and update the penalties imposed by current legislation for sexual crimes, harrassment against women, and intra-family violence; guarantee healthcare, education, culture, nutrition, dignified dwelling and basic services for indigenous women; compliance with the intl pacts and conventions which have been entered into by the Mexican govt (esp. Convention 169 of the ILO, the Vienna Declaration on HR, the ICPD Programme of Action) as long as these do not contravene the domestic constitution.
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Requires the Fourth General Inspection Board (see NRIs) to review the situation of indigenous peoples deprived of their liberty as a result of trials or sentences imposed, and to recommend and promote the immediate release of those affected.
Victims :
Not Applicable
Criminal Justice Reform :
b) parties commit to reorganization and restructuring of the forces of law and order, particularly the State Attorney's Office and lower court judges in the juridical districts with large indigenous populations, providing them with training in knowledge of the indigenous cultures, systems, and the pratices used in the communities for solving disputes; commitment that 'Promotion will be made at the corresponding national judicial levels of the recognition and defense of the rights of migrant indigenous peoples both inside and outside the country.'
National Human Rights Inst :
Provides for creation of Fourth General Inspection Board, in charge of indigenous affairs within the National HR Commission; it must also review the composition and powers of the National HR Commission for the State of Chiapas so as to grant it greater autonomy from the exec and judicial powers of the State and expand the composition of reps from the indigenous communities and civic society
Human Rights Framework :
'There must be legislation to espressly guarantee the obligation of non-discrimination for reasons of racial or ethnic origin, language, sex, beliefs, or social status, thus making it possible to typify discrimination as a crime publishable by law. Likewise, legislation must also typify and penalize discriminatory labour practices or those contravening constitutional rights in the workplace such as payment in kind, pigeonholing, forced labout recruitment for work elsewhere or other violations of workers' rights.'; see 'women' entry for extensive provisions on the rights of indigenous women
Judicial Reform :
b) parties commit to reorganization and restructuring of the forces of law and order, particularly the State Attorney's Office and lower court judges in the juridical districts with large indigenous populations, providing them with training in knowledge of the indigenous cultures, systems, and the pratices used in the communities for solving disputes; commitment that 'Promotion will be made at the corresponding national judicial levels of the recognition and defense of the rights of migrant indigenous peoples both inside and outside the country.'
Policing :
Not Applicable
Refugees/Land :
The Chiapas State and the Federal Govt promise to set up an Agrarian Table in order to provide a fair solution to the agrarian conflicts, so as to determine the situation of land ownership in the State; 'Education and culture' section: recognises that full guarantee must be given to the indigenous peoples and communities regarding the integrity of their lands and territories, as well as on the preservation and rational use of their habitat.
Civil Society :
Requires the Fourth General Inspection Board to consult with indigenous and farm-worker orgs and NGOs involved in the defense of HR in preparing recommendations on prisoner release of indigenous peoples (see prisoner release), and also review the composition and powers of the National HR Commission for the State of Chiapas so as to expand the composition of reps from the indigenous communities and civic society; Media Section commits that the parties will recommend that a fixed slot be alloted in the existing communication media for use by civic society and indigenous peoples; and proposes creation of a Citizens' Communication Council and the appointment of a Communications Ombudsman with the objective of including civil society as a fundamental part in the management and decision taking process in social communication, guaranteeing indigenous participation in its composition.
Dev& Socio-Economic Rights :
'Education and culture' section recognises the 'health-sickness-ecosytem' and State and Federal Govt commits to providing areas and funds for practice of indigenous medicine; Section on 'Institutions for the Promotion, Development and Diffusion of Indigenous Cultures' commits to legislation recognising the rights of indigenous peoples and communities to receive the corresponding compensation when the expolitation of their natural resources by the state causes damage to their habitat which endangers their cultural reproduction. The state will promote actions of rehabilitation in the territories of indigenous peoples, pursuant to art. 13.2 of the ILO.
Enforcement Mechanism :
Convention 169 of the ILO invoked.
International Community :
Convention 169 of the ILO invoked.
UN Involvement :
Source :
USIP


Database hosted on INCORE webservice.

Print This page