Impunity in the current six-year term the debt to environmental defenders increases: CEMDA

The debt to environmental defenders continues to increase due to the persistence of impunity for the aggressions suffered, sustenance...
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The debt to environmental defenders continues to increase due to the persistence of impunity for the aggressions suffered, said Luz Coral Hernández, a lawyer at the Mexican Center for Environmental Law, A.C. (CEMDA).

“The violence suffered by environmental defenders a year ago collectively, since it has increased, the documentation we have carried out shows that despite the fact that efforts such as the adoption of the Escazú agreement, which we say should have beneficial effects for the guarantee of a safe environment, are in stark contrast to the increase in the rates of violence, attacks and aggressions of which they are victims,” Coral Hernández told Causa Natura.

Entered into force in April, the Escazú Agreement is the first treaty with specific provisions for the promotion and protection of environmental defenders in Latin America.

During the first two years of President Andrés Manuel López Obrador's administration, 33 environmental defenders were murdered, according to the work of the CEMDA “Report on the situation of environmental human rights defenders in Mexico”.

Without intending to make any sector invisible, defenders dedicated to the defense of Economic, Social, Cultural and Environmental Rights (DESCA) receive more aggression in the country, said Marianna Mendoza Aquino, coordinator of the protection area of the National Network of Civil Human Rights Organizations. “All rights for everyone” (DTT Network), made up of 86 organizations in 23 states of the country.

Aggressions increase 66% in the pandemic

In the context of the pandemic, aggressions against environmental defenders increased. CEMDA counted 65 cases in 2020, which represents 66.6% more than in 2019.

“What we're seeing is that not only did they not stop, but in a pandemic context, it was more complicated for them to be investigated,” Mendoza said.

The pandemic altered the defense dynamics of the territories. Activities such as mining or the construction of megaprojects were described as essential by the federal government, while public demonstrations against the works were reduced by sanitary measures that invited confinement, according to the report Seeds of Dignity and Struggle of the DTT Network released in April.

“Megaprojects were reactivated and right in communities that were waiting for this pandemic theme to serve to reflect, even to reorganize themselves... megaprojects were reactivated again. The clearest one is the Morelos Integral Project,” Mendoza said.

Who are the aggressors?

At least 40% of the aggressors of environmental defenders in 2020 were authorities, while the perpetrators of another 40% are unknown. For their part, private companies carried out 4.6% of the attacks, paramilitaries 3.1%, local chiefs 3.1%, people from the same community 6.2%; and the combination of authorities and companies 3.1%

It is worrying that in Mexico the authorities have such a high percentage of attacks.

“From the information that derives from the investigation of journalistic reports in information from sources, such as government information platforms, information that is requested from the mechanism for the Protection of Defenders and Journalists, since this percentage is alarming, that 40% of the figure corresponds to the government,” said Coral Hernández.

In addition, the CEMDA report highlights having identified stigmatizing acts and discourses against environmental defenders by President López Obrador towards those who oppose megaprojects such as the Maya Train.



Between 2013 and March 2019, 263 human rights defenders were admitted to the Protection Mechanism for Human Rights Defenders and Journalists.
However, as of March 2019, there were only 77 that remained within the Mechanism, according to the statistical report of the Ministry of the Interior at the end of the first quarter of 2019.

As part of a policy to control budgets, the federal government instructed the official caucus and allies in Congress to remove a list of 109 trusts, including the Fund for the Protection of Journalists and Activists.

Both the National Human Rights Commission (CNDH) and the Office in Mexico of the United Nations High Commissioner for Human Rights (UN-DH) regretted the decision. Although the Ministry of Finance and Public Credit (SHCP) promised that resources for these purposes would be maintained, organizations report that the change had an impact on the operation of the Mechanism.

“We have seen cases in which beneficiaries have been killed. The mechanism needs to be rethought. Last year there was the issue of the elimination of the trust, what we are seeing is that the mechanism is becoming slower, it would be associated with the issue of resources,” said Mendoza, who said that a renewal is needed to improve the implementation of protection plans.

This year, the Ministry of the Interior has 448 million pesos for the protection and defense of human rights, more than the 439 million it received last year.

However, the interviewees agree that the policy of protecting defenders must change and be broader.

“We would therefore be talking about an inter-institutional collaboration, of a comprehensive defense to defend human rights and environmental human rights, which would therefore involve specific, broader mechanisms both for prevention, with respect to the aggressions they may suffer, and for combating impunity for aggressions and violations of human rights and crimes already committed,” said Coral.

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