The History and Importance of the San Andrés Accords

On the 16th of February 1996, the Zapatista National Liberation Army (EZLN), agreed upon and signed the first phase of the San Andres Accords. Shortly thereafter, on the same day, the Mexican Federal Government followed in the footsteps of the EZLN and signed these accords, thereby agreeing to carry out in their totality, the provisions stipulated within this landmark document. Both of these signing were done in the presence of both CONAI and COCOPA.

These initial accords were the direct result of the dialogue process between the Mexican Federal Government and the EZLN, specifically the talks that began in January of 1996 to discuss the subject of Indigenous Rights and Culture. The principle topics of these discussions centered around the following:

1. basic respect for the diversity of the indigenous population of Chiapas;

2. the conservation of the the natural resources within the territories used and occupied by indigenous peoples;

3. a greater participation of indigenous communities in the decisions and control of public expenditures;

4. the participation of indigenous communities in determining their own development plans, as well as having control over their own administrative and judicial affairs;

5. the autonomy of indigenous communities and their right of free determination in the framework of the State;

The result of the dialogue process that began after the initial emergence of the EZLN in January of 1994, and specifically including the dialogue that occurred in San Andrés Larrainzar in January of 1996 between the Mexican Federal Government and the EZLN, resulted in the construction and eventually signing of the San Andrés Accords that adequately addressed the above mentioned issues. As a result, a cautious sense of relief emerged throughout Chiapas at the prospect that there would soon be peace in Chiapas, and that the Federal Government was sincerely participating in the dialogue process.

These first accords signed by the Mexican Government and the EZLN marked the supposed beginning of the peace and dialogue process. What was to follow was a series of discussions that would eventually lead to the construction of further accords that would address other issues necessary to the improvement of living conditions for indigenous communities in Chiapas. The other issues that were to be addressed included; Democracy and Justice, Well-Being and Development, and the Situation of Women in Chiapas.

Unfortunately, the six months following the first signings of these accords in February of 1996, did not witness the fulfillment of the issues addressed in the first San Andrés Accords as many had hoped, but instead marked a time in which the indigenous communities of Chiapas were further infiltrated by both the Mexican Military and paramilitary groups. At the same time, according to CONAI the independent mediation body in the dialogue process, "...the Federal Government refused to talk, or bring advisers and independent guests to the second round of discussions centering around issues of Democracy and Justice". For these reasons, on August 29th, 1996, the EZLN decided to suspend the dialogue process until the following five conditions that were previously agreed up, were met by the government:

1. The installation of the Implementation and Verification commission for the San Andrés accords, as well as the fulfillment of the part of the San Andrés Accords that specifically addressed the issues of the indigenous rights and cultures.

2. That the Federal Government present a proposal that specifically addresses issues of democracy and justice.

3. Liberation for the political prisoners accused of being Zapatistas, as was agreed upon during the construction of the Dialogue and Conciliation Laws signed on the 11th of March 1995, signed by both the Mexican Government and the EZLN.

4. An end to the low intensity warfare initiated by the government, and including the disarming of paramilitary groups in the northern zone of Chiapas.

5. The designation of a governmental delegation with the capacity to help resolve the conflict with full respect of the Zapatista mediation body.

After the suspension of the dialogue process, the Commission of Concordia and Pacification (COCOPA), the federal congress' monitoring body in charge of overseeing the dialogue process, took a more active role in looking for a more just and dignified way to resolve the conflict in Chiapas. The role of COCOPA, which is made up of members from the three most established political parties in the Mexican Government: PRI, PAN, and PRD, took on the responsibility of converting the San Andrés Accords, that dealt with Indigenous Rights and Culture, into official legal legislation.

The initiative was officially presented to both the Mexican Federal Government and the EZLN during November of 1996. After conferring with the legislative commission of the National Indigenous Council, the EZLN agreed upon the terms presented by COCOPA and signed the proposal on the 29th of November 1996. At this point the federal Minister of the Interior confirmed that the federal government was also in agreement with the document. However, only a few days later, the federal government completely rejected the proposal, even though the proposal had come from them (COCOPA).

The government's response to their own refusal to sign the legislative document of the San Andrés Accords, was to present a counter proposal which in many instances totally changed the fundamental principles of the original San Andrés Accords. As Bishop Samuel Ruiz told Global Exchange on March 29 of this year, "...the government put 27 conditions, 27 modifications [into the COCOPA proposal] that weren't so much editing, but actual changes in the content...and even though they've now reduced the modifications to four, they aren't linguistic modifications or an improvement to the editing process, but rather points that go against the Accords of San Andrés...so it wasn't so much a happy drawing things together, but a renegotiation of what had already been signed and agreed upon." The EZLN's response was predictable, as they clearly and unequivocally rejected the government's new version of the San Andrés Accords. Bishop Ruiz characterizes the government's response to the EZLN's rejection by saying, "...with the help of the media the government managed to present an image of the Zapatistas as being uncivilized, with very little interest in dialogue; that the government had moved in their position, but the Zapatista Army had not...The reality is completely the opposite." The government went ahead with the media campaign against the EZLN, at the same time presenting their own version of the peace accords before the Senate. Though this proposal for constitutional reform has not been approved by the congress, the federal government announced to the people of Chiapas, as well as the rest of Mexico, that they had fulfilled the San Andrés Peace Accords.

The following is a look at the legislative proposal by COCOPA that addresses the issues of Indigenous Rights and Culture, and the Mexican Federal Government's counter proposal, with the intent of illustrating the critical discrepancies between the two documents.

COCOPA Initiative, November 20, 1996	Mexican Federal Government's most recent counter proposal to the COCOPA initiative, Marth 15th, 1998
The Mexican Nation has a multicultural population originally based on its indigenous communities, being those directly descended from the people who inhabited this country at the time of colonization and before the establishment of the borders of the United States of Mexico, and who, whatever their legal situation, preserve their own social, economic, cultural, and political institutions, or part of these. The indigenous communities have the right to free determination and the like expression of this, as subjects of an autonomous body, as part of the State of Mexico in order:	The Mexican Nation has a multicultural population originally based on its indigenous communities, being those directly descended from the people who inhabited this country at the time of colonization and before they established the current borders of the United Sates of Mexico and who, whatever their legal situation, preserve their own social, economic, cultural, and political institutions, or part of these. With respect to the other provisions of this Constitution and the unity of the State of Mexico, the indigenous communities have the right to free, self-determination, the concrete expression of that right to the autonomy of the indigenous communities, in order to:
I. To decide their internal forms of social, economic, political and cultural organization	I. To decide their internal forms of social, economic, political, and cultural organization
II. To apply their normative systems in the regulation and solution of internal conflicts, respecting individual guarantees, human rights, and in particular, the dignity and integrity of women; their procedures, judgements, and decisions will be confirmed by the judicial authorities of the state.	II. To apply their normative systems in the regulation and solution of internal conflicts, respecting individual guarantees, human rights, and in particular, the dignity and integrity of women; their procedures, judgements and decisions will be confirmed, within the boundaries that the laws signal, by the legal authorities of the State.
III. To elect their authorities and exercise their internal forms of government in agreement with their norms in the confines of their autonomy, guaranteeing the participation of women under the conditions of equity.	III.To elect their authorities and exercise their internal forms of government in agreement with their norms, guaranteeing the participation of women under the conditions of equity
IV. To strengthen their participation and political representation in accord with their specific cultures.	IV. To strengthen their participation and political representation in conformity with their traditions.
V. To have collective access to the use and benefit of the natural resources of their lands and territories, understood as the totality of the habitat that indigenous communities use and occupy, except that which corresponds as the direct dominion of the Nation.	V. In agreement with the forms and modalities of property provided for in article 27 of this Constitution, To have collective access to the to the use and benefits of the natural resources, except that which correspond as the direct dominion of the Nation.
VI. To preserve and enrich their languages, knowledge and all of the elements that make-up their culture and identity, and	VI. To preserve and enrich their languages, knowledge, and all of the elements that make up their culture and identity, and
VII.To acquire, operate, and administrate their own modes of communication.	VII. To acquire, operate, and administrate their own modes of communication, in the terms to be provided under the applicable laws.
The Federation, the states, and municipalities must, in the limit of their respective jurisdictions, and with the attendance of the indigenous communities, promote their equitable and sustainable development, and bilingual and intercultural education. Also, they must impel the respect and knowledge of the diverse cultures that exist in the nation, and combat all forms of discrimination.	The Federation, the States, and the Municipalities must in the limit of their respective jurisdictions, and with the attendance of the indigenous communities, promote their equitable and sustainable development, and bilingual and intercultural education. Also, they must impel the respect and knowledge of the diverse cultures that exist in the nation, and combat all forms of discrimination.
The federal, state, and municipal education authorities, in consultation with the indigenous communities, will define, and develop educational programs of regional content, in which the cultural heritage of indigenous communities will be recognized.	The Federal Executive, in consultation with the indigenous communities, will define, and develop educational programs of regional content, in whichthe cultural heritage of indigenous communities will be recognized.
The state will also impel specific programs that protect the rights of indigenous migrants as much in the national territory as in foreign territory.	The state will also impel specific programs that protect the rights of indigenous migrants as much in the national territory as in foreign territory; the latter will conform to the principles of international right.
To guarantee the complete access of indigenous communities to the jurisdiction of the state, in all judgements and procedures that involve indigenous individually, and collectively. In this process they will take into account their legal practices and cultural specifics, respecting the precepts of this Constitution. The indigenous will have at all times the right to be assisted by interpreters and public or private defense attorneys, that have knowledge of their languages and cultures.	To guarantee the complete access of indigenous communities to the jurisdiction of the state, in all judgements and procedures that involve indigenous people, they will take into account their practices and cultural specifics, respecting the precepts of this Constitution. The indigenous will have at all times the right to be assisted by interpreters and defense attorneys, that have knowledge of their language and culture.
The state will establish institutions and policies necessary in order to guarantee the rights of indigenous communities and their integral development, which must be designed and operated jointly with the said communities.	The State will establish the institutions and policies necessary in order to guarantee the rights of Indigenous communities and their integral development, which must be designed and operated jointly with the said communities.
The Constitutions and the laws of the States of the Republic, conforming to their particular characteristics, will establish the pertinent modalities for the application of the principal parts, guaranteeing that this Constitution recognize the rights of indigenous communities. Males and females are equal before the law.	The Constitution and the laws of the States of the Republic, conforming to their particular characteristics, they will establish the dispositions and pertinent modalities for the application of the principal parts, guaranteeing the rights that this Constitution grants to the indigenous communities.
Article 115. The States will adopt... I. Each municipality... II. The municipalities... III.The municipalities with the attendance of the states... IV.The municipalities will administrate freely... V.The municipalitiesWithin the terms that the local legislation establishes, the population nucleus will participate in the municipal development plans and the programs that derive from these. In each Municipality mechanisms of citizen participation will be established in order to help the municipal government in the programming, exercise, evaluation and control of the resources which are destined for social development including those of federal origin. VI...VIII	Article 115 The State will adopt... I.Each municipality... II.The municipalities... III.The municipalities with the attendance of the states... IV.The municipalities will administrate freely... V.The municipalities Pursuant to the corresponding federal laws and the relative states, the municipalities will be authorized to formulate, approve and administer the zonification, as well as the municipal and urban development plans and programs; to participate in the creation and administration of their territorial reserves; to control and watch over the utilization of the land in their jurisdictional territories; to intervene in the regularization of the tenure of urban land; to grant licenses and permits for construction, and to participate in the creation and administration of ecological reserve zones. For such effect and of conformity to the final parts of the third paragraph of article 27 of this Constitution, they will expedite the regulations and administrative dispositions necessary. Within the terms that the local legislation establishes, the population nucleus will participate in the municipal development plans and the programs that derive from these. In each Municipality, mechanisms of citizen participation will be established in order to help the municipal government in the programming, exercise, evaluation and control of the resources which are destined for social development including those of federal origin. VI...VII
IX.The self-determination of indigenous communities will be respected in all of the limits and levels according to their autonomy, with the capacity to encompass one or more indigenous communities, in agreement to the particular circumstances and specifics of each federative entity. The indigenous communities as bodies of public law, and the municipalities that recognize their pertinence as indigenous communities, will have the right of free association in order to coordinate their actions. The competent authorities will fulfill the ordered and gradual transfer of resources, in order that those same will administer the public funds that they assign them. It will correspond to the State Legislatures to determine, in its case, the functions and faculties they could then transfer.	IX. In each Municipality, the indigenous communities will have the right of free association in order to coordinate their actions for the promotion of their economic and social development. In the end of the last paragraph of the 3rd part of this article, the Municipalities with a majority indigenous population will be able to coordinate and associate in order to promote their development. The competent authorities will transfer in an ordered manner the resources that they assign these Municipalities, for their direct administration by the same, and
X. In the municipalities, communities, town council auxiliary bodies and similar authorities that they are made up of indigenous communities, the inhabitants will have the right to decide, in accordance with their political traditions, the procedures for the election of their authorities or representatives, and for the exercise of their own forms of internal government that secures the unity of the National State. The local legislation will establish the bases and modalities to secure the complete exercise of this right. The legislators of the States will be able to proceed with the re-municipalization of the territories which are defined as indigenous communities, which must be carried out in consultation with the involved population.	X. In the Municipalities with an indigenous majority, the local legislation will establish the grounds and methods to ensure the participation of the indigenous communities in the formation of the municipal governments, auxiliary organisms and similar instances. When approving new Municipalities, the state legislatures will take into account the geographic distribution of the indigenous communities, and the prior consultation of the involved populations.
Article 18 Only by crime that merits. The governments... The governors... The Federation... The culprits of nationality... The indigenous will be able to carry out their sentences preferentially in the establishments closest to their residence, thus propitiating their reintegration to the community as part of an essential mechanism of social readaptation.	Article 18 Only by crime that merits. The governments... The governors... The Federation... The culprits of nationality... The indigenous will be able to carry out their sentences preferentially in the establishments closest to their residence, thus propitiating their reintegration to the community as part of an essential mechanism of social readaptation.
Article 26 The State will organize... The finality of the project... The law will authorize... The corresponding legislation will establish the necessary mechanisms in order that the plans and programs of development will take into account the indigenous communities in their necessities and their specific cultures. The State will guarantee them their equitable access to the distribution of national riches.	Article 26 The State will organize... The finality of the project... The law will authorize... The corresponding legislation will establish the necessary mechanisms in order that the plans and programs of development will take into account the indigenous communities in their necessities and their specific cultures. Also, they will promote equal opportunities in order that the indigenous communities, based on their own effort, will have equitable access to the distribution of the national riches.
Article 53 The territorial demarcation... In order to establish the territorial demarcation of the directly elected representatives and the circumscription of the representationally elected representatives, consideration must be given to the location of indigenous communities, in order to assure their participation and political representation at a national level. For the election.	Article 53 The territorial demarcation... In order to establish territorial demarcation of directly elected representatives, consideration must be given to the location of indigenous communities, in order to assure their participation and political representation at a national level.
Article 73 The Congress has the capacity. I...XXVII XVIII. To expedite laws that establish the concurrence of the Federal Government, the states and municipalities in the limit of their respective competencies, respect of the indigenous villages and communities, with the object of fulfilling the final provisions of the articles 4 and 115 of the Constitution;	Article 73 The congress has the capacity I...XXVII XVIII. To expedite the applicable laws on the responsibilities of the Federal Government respectful of indigenous communities, and the form in which this will be coordinated with the state governments and municipalities, with the object of fulfilling the final provisions of the articles 4 and 115 of the Constitution;
Article 116 The public power of the states... 1... 2. The number of representatives... The deputies of the legislature... In the electoral legislation... In order to guarantee the representation of indigenous communities in the legislature of the state by the principal relative majority, the electoral districts must adjust in accordance with the geographical distribution of the said commentates.	Article 116 The public power of the states 1... 2. The number of representatives... The deputies of the legislature... In the electoral legislation... In order to guarantee the representation of indigenous communities in the state legislature, in the demarcation of electoral districts, consideration will be given to the geographic distribution of the said communities.

The Contents of the Agreements

The following is a critical analysis that was done by CONAI, that breaks down the meaning and ramifications of the Mexican Government's counter proposal in comparison to what had already been signed. According to CONAI, "the presidential proposal on Indigenous Rights and Culture does not comply with what was agreed in San Andrés", because:

1. It limits the exercising of the rights of Indian peoples in their communities. Although the governmental initiative, in the introduction of their counter-proposal, recognizes that, "the indigenous people have the right to free determination", it limits "the expression of that right to the autonomy of the indigenous communities". This limitation is in breach of the San Andrés Accords which establish, "that national legislation must recognize indigenous peoples as the subjects of the right to free determination and autonomy".

2. It mentions that the Constitution "grants" rights to the indigenous peoples instead of simply recognizing them, as was agreed in San Andrés. The new relationship between the State and the indigenous peoples agreed to in San Andrés is based on the preexistence of the aforementioned peoples and the recognition of their rights in the Constitution; conversely, the Federal Executive's initiative refers to the granting of the rights, instead of recognition, as if it were an act of State that creates those rights.

3. It does not recognize the jurisdiction rights of the indigenous peoples. The draft of the Presidential Initiative, in part II, only goes as far as suggesting that they will be confirmed, which introduces the idea of discretion in that, "the procedures, judgements, and decisions will be confirmed", but only "within the boundaries that the laws signal, by the legal authorities of the State". This ignores the draft by the COCOPA which says "they will be confirmed", closing any possibility of other interpretation. Leaving the validation of the procedures and judgements of the indigenous peoples as optional is in breach of the San Andrés Agreement which explicitly establishes "as a guarantee to full access to justice that Mexican Law recognizes the authorities, rules and procedures of the resolution of internal conflicts, and by means of simple procedures, their judgements and decisions be validated by the State's territorial authorities".

4. It does not recognize Indian peoples' right to their territory. The Presidential draft, in part V, omits the reference to the effect that the use and benefit of the natural resources refers to land and territory, which is explicitly included in the draft by the COCOPA and in the Agreements of San Andrés. Those Agreements establish that the Federal Government "must implement the rights and guarantees that they are entitled to, such as the right of habitat: use and benefit of the land".

5. It omits the mechanism established by the San Andrés Agreements and Treaty 169 of the OIT to determine how to define a municipality, community, town council auxiliary body and similar authorities as being indigenous. The Presidential draft, in part X, only refers to "mainly indigenous" municipalities, but omits the defining criteria included in the COCOPA's draft. The omission is in breach of the San Andrés Agreements and the aforementioned international Agreement which establish that "the awareness of their indigenous identity must be considered a fundamental criterion in order to determine the groups which the provisions contained in the agreements apply to".

6. It does not recognize in part IX, as does the COCOPA's draft and was agreed in San Andrés, the indigenous communities "as bodies of public law".

7. Nor does it recognize the right of Indigenous Peoples to decide "the procedures for the election of their authorities". In part X of the Presidential draft, it is established that "in the municipalities with an indigenous majority the local legislation will be that which establishes the grounds and methods to ensure the participation of indigenous communities in the formation of municipal governments, auxiliary organisms and similar instances". In contrast the COCOPA's draft says "that in the municipalities, communities, town council auxiliary bodies and similar authorities the inhabitants will have the right to decide, in accordance with the political customs inherent to each of their traditions, the procedures for the election of their authorities or representatives". This omission is in breach of what was agreed in San Andrés, which recognizes the peoples' right to designate freely their representatives, both at the community and at the local government level, and their authorities as indigenous peoples, in accordance with the institutions and traditions unique to each culture".

It must be remembered that of the issues set by the original agenda during negotiation between these two groups, only Indigenous Rights and Culture has been discussed. The remaining issues are still pending. The failure of the Federal government to fulfill the beginning part of the San Andrés Accords that it had already signed, along with the increased militarization and paramilitarization of Chiapas, is a clear indication that the Mexican Government is not interested in peace, and instead more interested in applying tactics of low-intensity warfare. Unless the Mexican Federal Government commits itself to complying with their original agreement, as well as de-militarizing the State of Chiapas, their attempt to portray themselves as sincerely interested in creating a peaceful resolution to the conflict in Chiapas will be further delegitimized.