Mexico News - March 28, 1998

We are sending the following wire stories from this week:

  1. CONAI (National Commission for Intermediation ):

    Current News Analysis and Petition -- AME LA PAZ. 3/26/98

  2. Armed Aerial Flights Threaten Zapatista

    Communities -- ENLACE CIVIL. 3/25/98

  3. Military Blockade in the Jungle, Attack is

    Feared in La Realidad. -- La Jornada. 3/20/98

  4. 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:

  1. 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.

  2. 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.

  3. 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".

  4. 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.

  5. 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.

  6. It does not recognize, as does the COCOPA's draft and was agreed in San

    Andres, the indigenous communities "as bodies of public law".

  7. 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