The US human rights lobby scored its first big success on 5 August
when an influential US senator, Patrick Leahy, prevented the US State Department
from certifying that Mexico was respecting human rights in its war against
organised crime. Worryingly for the Mexican government, the senator made his
move just ahead of the Mexico-US-Canada presidential summit in Guadalajara on 9
and 10 August.
The question now is how President Barack Obama will deal with the issue when
he meets President Felipe Calderón Hinojosa. All in all, this weekend may be an
uncomfortable one for Calderón because his candidate, the only one nominated,
may fail to win enough support to take over as president of the Partido Acción
Nacional (PAN). That would be a humiliating defeat.
Leahy is a Democrat from Vermont. He is chairman of the Senate's
Appropriations subcommittee on State Department and Foreign Operations. His
aides told the State Department that it could not publish a report affirming
that Mexico was making progress on respecting human rights in its war against
the gangs. The State Department has to affirm this to unlock 15% of the US$1.4bn
in military aid promised to Mexico under the Iniciativa Mérida. Leahy had helped
draw up the legislation to authorise the Iniciativa Mérida, so his position is
doubly significant.
Leahy's move is the first sign since the mid-term congressional elections,
which resulted in a thumping defeat for Calderón's PAN, that US support for
Calderón is not unconditional. Leahy, like US administration officials,
underlines his support for Calderón's brave decision to take on the gangs but
questions the method. The danger for Calderón is that US government officials
will start pushing for a change in strategy.
The US State Department is considering whether to rewrite the report and
resubmit it to congress when congress reconvenes on 7 September. Mexico may lose
the money if the State Department cannot send a positive report to congress by
the end of the financial year, 30 September.
Leahy said in a statement that although all Americans want the Mexican
government to be successful in defeating the gangs, the law must be upheld. “The
law withholds 15% of the Mérida funds until the Secretary of State reports to
congress that the Mexican government is meeting four requirements, including
prosecuting military and police officers who violate human rights_there needs to
be evidence that the military is accountable to the rule of law. Those
requirements have not been met, so it is premature to send the report to
congress."
At the end of July, Human Rights Watch, a US NGO, claimed that there had been
no prosecution of any Mexican soldier on human rights charges since 1996. This
claim drew an immediate response from the army. On 23 July General Jaime Antonio
López Portillo, the director for human rights at the Secretaria de la Defensa
Nacional (Sedena) responded by stating that 12 soldiers had been convicted
during the current administration (which started on 1 December 2006) of a
variety of human rights offences ranging from murder to kidnapping and torture.
López Portillo did not give chapter and verse on each case, which aroused
renewed suspicions amongst human rights activists.
The human rights activists are now spinning López Portillo's statement into
an admission by the army that there have been only 12 successful prosecutions of
soldiers for human rights abuses since 1996. This is not exactly what López
Portillo said, but nor does what López Portillo say negate that claim.
The more serious charge of the human rights activists is that the army is
refusing to give any details about even the successful convictions. What were
the charges? What was the evidence? How were the suspects treated? What did they
say? What were the sentences? Have the sentences been carried out or are they in
abeyance subject to appeal?
What human rights activists in the US would like is answers to all these
questions. The Mexican army, and the government, cannot allow themselves to be
dictated to on these issues, without triggering attacks from anti-US
nationalists.
The US government is aware of how sensitive the issue is. One way forward
could be a joint committee of senators from both countries, with a Mexican
majority, to review the Mexican military justice system and make suggestions for
its improvement.
Leahy stressed in his statement on 5 August that he continued to support
the Iniciativa Mérida: “the military strategy alone is not a solution in
the long term, nor is it yet clear what it can achieve in the short term. Mexico
needs effective police forces and a justice system that works. And as long as
the demand for drugs in the US and the flow of guns to Mexico continue at these
levels it will be difficult to neutralise the cartels."
Gang killings
The steady pick-up in gang killings in the
border city of Ciudad Juárez underlines Leahy's doubts about the whole security
strategy. At least 15 people were killed between 4 and 5 August in Ciudad Juárez
despite the presence of 8,000 soldiers and federal policemen in and around the
city.
On 5 August, five people were found dead in a SUV parked on one of the city's
main roads. The gangsters taunted the authorities by leaving the vehicle outside
a building with 24 hour CCTV. So far this year, over 1,000 people have been
killed in Ciudad Juárez. In the whole of last year, this figure stood at 1,600
people.
“Leahy stressed in his statement on 5 August that he continued to support
the Iniciativa Mérida: 'the military strategy alone is not a solution in
the long term, nor is it yet clear what it can achieve in the short term. Mexico
needs effective police forces and a justice system that works. And as long as
the demand for drugs in the US and the flow of guns to Mexico continue at these
levels it will be difficult to neutralise the cartels.'"