Mexico: Autonomy and efficacy of the National Human Rights Commission (CNDH)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 7 March 2000 |
| Citation / Document Symbol | MEX33902.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Mexico: Autonomy and efficacy of the National Human Rights Commission (CNDH), 7 March 2000, MEX33902.E, available at: https://www.refworld.org/docid/3ae6ad6aa0.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The most recent overview available of the scope of the work of the National Human Rights Commission (CNDH) of Mexico, with references to results of some of its investigations and recommendationsor lack thereof¾can be found in Country Reports 1999 Additional information on the CNDH, including the cases it can handle and the reach of its work, can be found in MEX30389.E of 4 November 1998, MEX31638.E of 14 April 1999 and MEX31896.E of 11 June 1999.
Country Reports 1999 states that "the [Federal] Government continued to support the National Human Rights Commission (CNDH), and Congress amended the Constitution to grant it greater autonomy from the executive branch," adding that "however, the CNDH primarily investigates complaints against federal authorities and has no enforcement powers" (25 Feb. 2000). The report also comments on the degree of autonomy and credibility of the CNDH by stating:
The National Human Rights Commission, established by the Government in 1990, has steadily improved its credibility. In an important vote that was expected to provide greater political autonomy to the CNDH, the Senate approved legislation that allows it, rather than the President, to appoint the commission's president. Some NGO's were critical of the Senate's decision, fearing that it makes the CNDH more susceptible to political pressure. Utilizing these powers for the first time, in November the Senate replaced the sitting president of the CNDH prior to the expiration of her term in office. The Senate named legal scholar Jose Luis Soberanes to a 5-year term as CNDH president. This is the first time since the creation of the CNDH that the executive branch did not play a role in the selection process. Although most NGO's have a favorable opinion of the CNDH, many are critical of its method of presenting information, especially the reporting of compliance with recommendations. NGO's also criticized the CNDH's reliance on former government security or judicial personnel as investigators of human rights abuse allegations (ibid.).
The report also states that, through the CNDH Fourth General Visitor's Office, which specializes on indigenous affairs and has a special program to assist "incarcerated indigenous defendants," a review of 5,799 cases in 1998 resulted in the release of 802 persons (ibid.). Country Reports 1999 includes comments on other programs of the CNDH, including educational outreach, and their degree of progress or results.
Both Amnesty International and Human Rights Watch refer to the work of the CNDH in their annual reports and other publications.
In its 1999 report titled Mexico: Under The Shadow of Impunity, Amnesty International states that "the performance of the federal Comisión Nacional de Derechos Humanos (CNDH), National Commission for Human Rights, and its counterparts at state level, varies as they juggle their dual role of defending victims of violations and deflecting criticism of the Mexican authorities"(1999). The report, available through Regional Documentation Centres, cites a number of cases in which the CNDH has conducted an investigation and/or issued recommendations.
Another 1998 Amnesty International report Mexico: "Disappearances": A Black Hole in the Protection of Human Rights, also available through Regional Documentation Centres, discusses the role and results of various CNDH investigations and recommendations.
In its 1999 World Report, Human Rights Watch refers to the Acteal massacre (see previous Responses) and mentions that the CNDH had previously "issued a decree calling on the Chiapas state governor to provide protection to likely victims of violence in the municipality" (1999). A detailed analysis of the events and the political links of those involved in the cited massacre can be found in publications available through your Regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Country Reports on Human Rights Practices for 1999. 25 February 2000.
Human Rights Watch World Report 1999. 1999 New York: Human Rights Watch.
Mexico: Under The Shadow of Impunity. 1999. London: Amensty International. (AMR 41/02/99)
