Mexico News - March 28, 1998
We are sending the following wire stories from this week:
- CONAI (National Commission for Intermediation ):
Current News Analysis and Petition
-- AME LA PAZ. 3/26/98
- Armed Aerial Flights Threaten Zapatista
Communities
-- ENLACE CIVIL. 3/25/98
- Military Blockade in the Jungle, Attack is
Feared in La Realidad.
-- La Jornada. 3/20/98
- Mexican Immigration Officials Launched an Apparent
Campaign to Monitor the Activities of Foreign Journalists.
-- The
Associated Press. 3/25/98
1. The CONAI, current news analisis and petition (3/26/98 AME LA PAZ)
In defense of the indigenous peoples
In defense of the peace negotiations
In defense of what was agreed
To the Federal Government
To the Zapatista National Liberation Army
To the Congress of the Union
To the indigenous peoples of Mexico
To the National Civilian Society
To all political forces
To public opinion
The CONAI, civil mediation authority recognized by all parties,
deems it urgent to convey its assessment of the current state of the
process, process's indicating that:
a) In the CONAI's view, the judicial-statutory framework of the
dialogue and negotiation process, as well as its first agreements, is
valid and applicable. However, it is observed that the aforementioned
framework (regulations, accords and participants) today confronts a
strategy of wearing down and dismantling.
b) In the CONAI's view, the procedure by which the Constitutional
Reform on Indigenous rights and culture is to be carried out is
incompatible with, and in breach of , the spirit of dialogue and
peace, since it breaks a political and binding agreement between the
parties; it opens the possibility of the abolition of the
negotionations' judicial-political framework and of police-military
action, and constitutes a serious risk to the nation and its
transitional process.
c) The governmental enterprise moves away from the contents of the
San Andres Agreements, and even from the conclusions of the National
Consultation on Indigenous Rights and participation, organized jointly
by the Congress of the Union and the Federal Executive. The approval
of any law removed from the agreed procedures and contents, would
seriously undermine the credibility of the negotiation process and
would lead to a major crisis in the peace process.
I. An Entire Process of Dialogue and Negotiation at Risk
(law, regulations, agreements, participants)
Under the protection of the "law for Dialogue, Conciliation and
Dignified Peace in Chiapas", of March 11th, 1995, the parties agreed
the principles of the agenda, rules and procedures that would guide
the dialogue and negotiation process. All of these instruments are of
public domain.
It must be remembered that of the issues set by the Agenda, only
that of Indigenous Rights and Culture had been discussed and
negotiated, the issue of Democracy and Justice remained incomplete,
and the remaining issues are still pending.
The whole group of instruments of dialogue and negotiation, and in
particular the non-arbitrary sequence of the issues in the agreed
agenda, form a methodical plan of dialogue and negotiation that
incorporates an in-depth strategy for peace, whose characteristics are
as follow:
(a) Mutual recognition by the Federal Government and the EZLN as
essential parties of the dialogue and negotiation process.
(b) Promotion of a process of political solution by means of the subordination
of logic and military forces to logic and political forces.
(c) The creation of favorable conditions to, with the participation of society
by means of advisers and independent guests, discuss the agenda to agree on
solutions to the causes of the conflict.
(d) Monitoring and verification of the joint compliance to the Agreements and
commitments that may be achieved, by means of a commission.
(e) Construction of the "Agreement of Harmony and Appeasement with
justice and dignity", whose conclusion will include measures of
military relaxation and security for the parties.
This model is an innovation and an encouragement for the resolution of
internal armed conflicts throughout the world.
II. Regarding the Agreed Procedures
The substantive process of dialogue and negotiation between the
parties began with the formation of "Round Table 1: Indigenous Rights
and Culture", which concluded with the signing of the first San Andres
Agreements on February 16, 1996.
The process of dialogue and negotiation entered openly into crisis
in March 1996, during the development of "Round Table II: Democracy
and Justice", when the Federal Government refused to talk and bring
advisers and independent guests.
Throughout the development of Round Table II, political and
military incidents occurred which were considered by the EZLN to
constitute a loss of the conditions necessary for dialogue and
negotiation.
Thus, on August 29th, 1996, the EZLN broke off its participation
until the conditions of credibility for the dialogue process were
restored.
The CONAI and the COCOPA assumed the task of revising the
conditions for the resumption of dialogue and negotiation, and
established the mechanism for the tripartite meetings
(CONAI-COCOPA-EZLN), with approval by the Federal Government.
Under this format the parties gave their vote of confidence to the
COCOPA so that it could prepare, as a de facto arbitrator, a final
initiative of constitutional reforms that would encompass the
Agreements of Table I.
The Federal Government did not officially accept the COCOPA's
finding, failing to observe what was previously agreed and, on
December 19th, 1996, presented a counterproposal, adjusted in January
of this year in accordance with "4 Observations", which are a
different interpretation of the San Andres Agreements.
Regarding the Agreed Content
The Presidential proposal on Indigenous Rights and Culture moves away
from what was agreed in San Andres and affects the commitments assumed
by the Mexican Government as a signatory of Agreement 169 of the OIT,
because:
- It limits the exercising of the rights of Indian peoples to their
communities. Although the governmental initiative recognizes that "the
indigenous peoples 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 Andres
Agreements which establish "that national legislation must recognize
indigenous peoples as the subjects of the right to free determination
and autonomy". It is also in breach of the OIT Agreement which
attributes these rights to the indigenous peoples.
- It mentions that the Constitution "grants" rights to the
indigenous peoples instead of simply recognizing them, as was agreed
in San Andres. The new relationship between the State and the
indigenous peoples agreed to in San Andres 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 rights, instead of recognition,
as if it were an act of State that creates those rights.
- It does not recognize the jurisdiction rights of the indigenous
peoples. The draft of the Presidential Initiative only goes as far as
recognizing which introduces the idea of discretion that "the
procedures, judgments and decisions made by these peoples can be
validated", ignoring the draft by the COCOPA which says "they will be
recognized". Leaving the validation of the procedures and judgments
of the indigenous peoples as optional is in breach of the San Andres
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 judgments and decisions be validated by the
State's territorial authorities".
- It does not recognize Indian peoples' right to their territory.
The Presidential draft omits the reference to the effect that the use
and enjoyment of the natural resources refers to its land and
territory, which is explicitly included in the draft by the COCOPA and
in the Agreements of San Andres. Those Agreements establish that the
Federal Government "must implement the rights and guarantees that they
are entitled to such as the right to habitat: use and enjoyment of the
land in accordance with article 13.2 of the OIT Treaty.
- It omits the mechanism established by the San Andres 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 only refers to "mainly
indigenous" municipalities, but omits the defining criteria included
in the COCOPA's draft. This omission is in breach of the San Andres
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.
- It does not recognize, as does the COCOPA's draft and was agreed in San
Andres, the indigenous communities "as bodies of public law".
- Nor does it recognize the right of Indian peoples to decide "the
procedures for the election of their authorities". In 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 town councils". 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 Andres, 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.
IV. Militarization & Paramilitarization.
The unilateral procedure that came about around the time of the
constitutional reforms is of an even more serious nature considering
the growth of the military dynamic.
Prior to February 1995, the CONAI had knowledge of military and
police presence in at least 74 geographic locations; in August of 1997
that number had reached 209. Since the Acteal massacre-on December
22nd 1997 until the present, the following has occurred:
- At least 104 military operatives in zones of Zapatista presence and
influence.
- The Mexican Army's presence in Chiapas has increased by at least 5 thousand
troops, of which 2 thousand have positioned themselves in Chenlaho, totaling
around 70 thousand troops, according to various sources.
- Three other municipalities have been militarized: Chenhalo,
Chalchihuitan and Mitontic; at present, 66 municipalities now have a
large military presence.
In other matters, the growth of paramilitarization, first in the
North, then in the Los Altos area and the jungle, worsens the
entitiy's sociopolitical climate and forebodes a dangerous escalation
of violence. The Acteal crime, whose explanation is still pending,
has made clear the possibility of war.
Petition
We are experiencing a decisive political situation, in which the
Congress of the Union plays a key role in the construction of a just
and dignified peace for everyone, by means of the launching of the the
Reform of the State and the transition to Democracy in Mexico. In
order to achieve this, it is essential that the legislative process is
not separated from the process of dialogue and negotiation for peace.
In the opinion of the CONAI and the democratic civilian society,
it is imperative to break, with a clear and firm political will in
favor of peace, the wall of obstacles that increasingly impede the
resumption of dialogue, and that seriously reduce the effectiveness of
the political actions to rebuild confidence in this process.
Against the ominous signs of war and the serious circumstances
that continue to hold the process of dialogue and negotiation in
deadlock, the CONAI reiterates its petition:
To the Federal Government, so that it adjusts its performance to
the agreed procedures and contents.
To the EZLN so that it may, in spite of the difficulties, maintain
its readiness to resolve the conflict by political means.
To the Congress of the Union so that it may, in the framework of
its constitutional functions:
- Desist from the strategy of dismantling the dialogue process and accelerate
the steps necessary to remove the spectre of war.
- Consider that in the procedures included in the constitutional reform, the
process of dialogue and negotiation for peace is at risk.
- Promotes constitutional reforms related to the rights and culture
of Indian peoples when the peace initiatives fully comply with the
agreed contents and procedures, thus enabling them to become the
instruments of justice and peace for all of Mexico.
- Open up the political options that rechannel, genuinely, the true
path of dialogue and negotiation that will produce unequivocal
solutions to confront the real causes of the conflict.
To all the Parties and political forces so that, being aware of
the gravity of the current situation, they establish as their true
priorities that which society urgently demands from them, and so that,
shunning egotism and self interest, support all those initiatives that
effectively produce positive results in favor of a more just,
democratic and united Mexico.
To all the civilian movements and organizations so that they
revive their invaluable efforts in favor of liberty, justice and a
fair and dignified peace. At this crutial hour, their strength and
presence are unreplaceable.
The CONAI, permanently committed to the search for a solution to
the factors that caused the armed conflict, will continue contributing
to peace with all the activities and tasks, public and private, that
the serious moment demands.
By the CONAI
Samuel Ruiz Garcia. Conception Calvillo Vda. de Nava,
Juan Bañuelos, Oscar Oliva, Raymundo Sanchez Barraza,
Pablo Gonzalez Casanova.
Secretariado: Miguel Alvarez, Gonzalo Ituarte, Pedro Nava,
Salvador Reyes
AME LA PAZ. 3/26/98
2. Armed Aerial Flights Threaten Zapatista Communities. (ENLACE CIVIL. 3/25/98)
Since last week, in the area of la Realidad, in the Lacandona jungle,
low flying armed airplanes and helicopters have daily and repeatedly
flown over the communities. These aircraft fly only a few meters above
the ground and the duration of their flights last hours and are
repeated throughout the day. From their own homes, the Indigenous
people are able to see the "very faces" of the pilots and passengers
of the helicopters as well as the machine guns which are pointed
downward. The aircraft are comprised of all types and colors; marine,
troop carriers, bombing aircraft, and those capable of day and night
observation that are equipped with detection and photographing
technology. In the Aguascalientes of Morelia, the flights have
greatly alarmed the community especially because on Saturday March 21,
a helicopter almost landed in the middle of the community. The same
is occurring in Oventic, where airplanes fly around the zone and fly
in circles directly above the Aguasca! lientes. On March 14, a
helicopter was about to land in the now deserted camp of Civil por La
Paz.
The indigenous people have filled all available open spaces with
wood fences and barriers so as to try to impede any landing of
aircraft. The communities can no longer play soccer because the
soccer fields have been protected in the same way. Although these
barriers do not stop any aircraft from landing they do make it
difficult. The Indigenous people of Chiapas live in anguish and in
fear of an imminent war which makes living a "normal" life impossible.
The farmer workers are not going out to work their fields, the
children are not attending school, and the women do not venture
outside of their homes.
3. Military Blockade in the Jungle, Attack is Feared in La Realidad. (La Jornada. 3/20/98)
Reporter: Hermann Bellinghuasen, La Realidad, Chiapas, March 19th.
"We expect an attack in any moment," declared today
Maximiliano, a representative of the community. For the sixth
consecutive day, they have observed numerous low flying aircraft over
La Realidad, in a type of aerial maneuver without precedence.
More than ten grazing flights of combat and carrier airplanes as
well as artillerary and assault helicopters have been registered
daily. "The soldiers think that Subcomandante Marcos is around here
and they want to get him," says Maximiliano and adds that the
inhabitants of this community Tojolabal live with the expectation and
continual fear that the "army will decide to enter our community
again." According to the testimony of the people, the unusual aerial
pressure began the very day that the Federal Government passed through
the Senate the Law of Indigenous Rights and Culture without the
approval of the EZLN. While the Zapatistas define their position in
relation to the initiative, it has been confirmed that the threatening
flights have intensified in all regions where there is a base of
support for the EZLN.
"It's been five days since we haven't gone out to work," continues
Maximiliano "we are scared that they will attack us. From one moment
to the next, it seems that the helicopters want to land, already they
fly really low."
The inhabitants of La Realidad live in insecurity. The airplanes pass
so close to the roofs that small children cry at the sound of them. I
witnessed yesterday an airplane cross through the middle of the trees
and saw the helicopters descend to only a few meters above the ground,
something never before seen. In addition, the Federal Army has
installed two check points: one in Vicente Guerrero and the other in
Guadalupe Tepeyac, near the landing stretch.
Life continues beneath the airplanes that fly closer than ever to the
heads of the people and never so many. Even the faces and goggles of
the pilots are distinguishable. It is as if they were to attempt to
land. The children throw stones at them believing that they may
actually reach them and are serious about it too.
The intimidation began five days ago," counts Juan out loud, "at the
very time when Zedillo signed the law he made." In this space and
time, these two facts have entered simultaneously into his experience
and into that of all the people. Juan does not know that since
Saturday, the Teran airport, in Tuxtla Gutierrez, has been congested
by airplanes and helicopters that fly in and out throughout the day.
Commercial flights are a minority to military flights that blanket the
skies of La Realidad, Morelia, La Garrucha, Oventic, Roberto Barrios,
y Amparo Aguatinta. Not even during the days following the military
offensive against the Zapatista communities in February 8,1995, did
the Indigenous rebels become familiar with such a variety of war
aircraft. The dark parade lasts all day and today, for example, it
began at 8:10 in the morning.
Simultaneously, the land patrols of the Federal Army have changed
their routines. Today the airplanes and helicopters are surveiling La
Realidad and the land convoys travel through Guadalupe Tepeyac to
Vicente Guerrero towards the outskirts of the jungle and from the
river Euseba to San Quintin (next to the river Jatate in the interior
of the jungle). Also in the 20 kilometers between the river Euseba
and Tepeyac, where only one population of Tojolabal live, there is a
vast open space.
Fili has placed his slingshot in the back pocket of the unstable
pair of pants that her wears. He has already chosen good rocks and
has gathered them in a bundle. These are not to play with nor to
throw at the birds or frogs as his childhood dictates, but to defend
himself. With all due respect, I have never seen such a real and
terrible representation of the story of David & Goliath. The day
before yesterday, Jose Saramoag called this "the most unequal war,"
this is that he didn't even see Fili and his stones, nor did he
experience the growing pressure of the Air Force.
"They are showing us all of their airplanes so that we will know
them," reasons Juan this morning. Although he knows that this is
nothing. The first indication of this is that the Hawk and bombers
are missing. Three years ago, he became familiar with the Arabat
airplane that has two tails which now flies above his head. Back
then, Juan and everyone else found refuge in the mountain. An image
of "modernity" exists here: Juan has already worked with his farmer's
tool half of the land he grows corn in. Pushes back his hat, looks up
and expects to find the pilots of the aircraft but they pass at the
height of his eyes with foothills below
The smoke of the fires stains gray the laderas of the canyon.
Juan only recognizes one thing of the modernity and justice offered:
the war. He remembers that the news broadcasts insist that the
government will not use violence against the Zapatistas. In other
words, these flights are not to be considered violence nor what they
might mean. He then reflects about the attributions of power in
language. "Maybe the government is changing the names of things."
(Where it says "Indigenous Law" it makes "war" and where it says
"dialogue" it makes "fear," etct.) "Yesterday, five kinds of airplanes
passed over us." tells Juan "We had never before seen that." There
are continuous flights from the time the sun appears. Everyone lives
in alert with their eyes faced towards the skies.This the most current
of life, today.
#4. Mexican immigration officials launched an apparent campaign to monitor the activities of foreign journalists. (The Associated Press. 3/25/98)
MEXICO CITY (AP) -- Mexican immigration officials launched an apparent
campaign to monitor the activities of foreign journalists, but backed
off of the new rules when they became public Wednesday.
In recent weeks, immigration officials began asking journalists
applying for visas to provide lists of people they intended to
interview and places they planned to visit.
But after the requests became public, officials denied they were
restricting the journalists' activities, and said they would issue
visas to any foreign news media that applied at Mexican consulates in
their countries.
Correspondents requesting visas in different countries have been
told in recent weeks to submit a list of places they intended to visit
and people they would interview. In some cases, correspondents abroad
waited for more than a week while consular officials told them the
visas were pending approval in Mexico City.
National Immigration Institute officials in Mexico confirmed last
week that the special conditions had been implemented and that all
visas had to be approved in Mexico City.
But in a letter to foreign correspondents dated Tuesday,
Immigration Commissioner Alejandro Carrillo denied that he or his
institute had established those conditions as policy.
Correspondents in Mexico are given yearlong visas or temporary
visas under a law enacted in 1996. The law, however, is not clear on
the conditions and circumstances under which the visas are granted.
Immigration officials in recent weeks have stepped up a campaign
to expel foreigners visiting the southern state of Chiapas, where the
rebel Zapatista National Liberation Army staged a brief uprising in
1994. Talks between the army and the rebels have stalled. The
government says many of the visitors under the guise of observers or
human rights activists are actually Zapatista supporters.
Copyright 3/25/98 The Associated Press