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Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
I am pleased to have secured the debate, which allows me to raise the issue of human rights in Mexico. I begin by saying that I do not claim any particular expertise in the matter—certainly not as much as my hon. Friend the Member for Islington North (Jeremy Corbyn), who chairs the all-party group on Mexico and will speak briefly later. I am also grateful to my constituent, James Graham, and to members of the local Amnesty group, who brought these concerns to my attention. That led to me requesting the debate.
In many parts of Mexico, insecurity and violence on both sides of the conflict have left communities unprotected and at risk. There are frequent reports of human rights abuses being committed by police and security forces, including enforced disappearances, torture and arbitrary detention. Impunity for those crimes remains the norm. On the other hand, those who try to expose human rights abuses and support victims, such as human rights defenders and journalists, risk violent retribution. Women, indigenous peoples and migrants face discrimination and violence, but their chances of redress are slim. The justice system continues to fail victims, the accused and society. Those are just some of the human rights problems that people have to face in their daily lives.
In the short time available, I want to focus on three key areas: torture, the criminal justice system and the disappearances. Sadly, torture seems to be endemic on both sides of the law in Mexico. Indeed, it appears to be the preferred method of investigation for many police and military officers. It is reported that beatings, sexual abuse and fake asphyxiation are routinely used by the security forces to punish detainees or to extract confessions. One of the many victims of torture is Miriam Lopez. On 2 February 2011, she had just finished her school run when she was abducted by two men wearing balaclavas. She was taken to a military base near Tijuana in Mexico and held for seven days. She was beaten, raped three times, given electric shocks and nearly asphyxiated by her captors to get her to implicate herself and others in drug trafficking offences. She was eventually released without charge.
Cathy Jamieson
Before the Division, I was speaking about the situation of Miriam Lopez and the treatment she received. When she was eventually released without charge, she was brave enough to file a formal complaint, but four years have passed and none of her torturers has been brought to justice. Sadly, her ordeal is not unique.
Between 2003 and 2013, there was a 600% rise in the number of torture cases reported to the National Human Rights Commission. Another torture victim, Claudia Medina, told Amnesty that on 7 August 2012 navy marines broke into her home, tied her hands, blindfolded her and took her to the local naval base where she was tortured using electric shocks, sexually assaulted, beaten, kicked and left tied to a chair in scorching afternoon heat. The following day she was again blindfolded and transferred to the federal Attorney-General’s office where she was interrogated and pressured into signing a statement that she was not allowed to read. Later that day, the authorities presented Claudia and the other detainees to the media, claiming that they were dangerous criminals. She was later released on bail. She reported her treatment, prompting a federal judge to request an investigation. Over two years later, no investigation has taken place.
Federal courts dealt with 123 prosecutions for torture between 2005 and 2013, but only seven resulted in convictions under federal law. On paper, Mexico has adhered to the highest international standards in its examination of alleged torture claims, but in reality forensic examinations tend to be poor, late, re-traumatising and biased. For example, detainees should be medically examined following arrest, but many say that that does not happen and that no questions are asked about injuries. The initial examinations that take place are often held in the presence of people who may themselves have been implicated in torture. The medical professionals involved are military officials or employees of the offices of the Attorney-General or of the prison system. Photographs to document injuries are almost never taken, so the potential for torture or other ill treatment to go unrecorded within the system is clear.
I hope the Minister will respond on those two particular cases and tell us whether an investigation to secure justice for Miriam and Claudia is any nearer.
Many arrests are made without evidence or warrants, with suspects allegedly caught red-handed. In many cases, people are arrested without there being any direct connection to a crime or crime scene, due to anonymous tip-offs or because their name has been given by a torture victim. All too often, those arrested are from poor and marginalised communities. They have little access to effective legal support; of course, the less support they have, the more likely it is that they could be tortured.
The victims, their relatives and activists defending their human rights often face threats and intimidation, deterring many from lodging formal complaints. Key safeguards in Mexican law such as the right to a defence from the moment of detention are not upheld. Amnesty has interviewed victims of torture who allege that they were refused access to a lawyer until they had signed a statement. Between 2008 and 2013, 8,500 people in Mexico were held in 80-day pre-charge detention under the arraigo system. Of those, only 3.2% were convicted.
Mexico is also plagued by frequent abductions. Last November, the disappearance of 43 students once again bought the country unwelcome notoriety. In Mexico itself, thousands of people took to the streets to demand an urgent search and justice for the missing students, who were training to become primary school teachers in rural communities. They came from a largely indigenous area with high levels of depravation, discrimination, marginalisation and lack of access to basic services. They were politically active, and many were involved in demonstrations over rural teachers, education policy and other issues.
Jim Shannon (Strangford) (DUP)
The disappearance of the 43 students caused worldwide outrage. They were killed, their bodies burned and their remains wrapped in bags and thrown in a river. At the time, it was indicated that a level of corruption and links to a drugs cartel ran through from the police to the judges and even the mayor of Iguala. Does the hon. Lady feel that if we are to tackle the human rights abuses in Mexico the dirty officials have to be removed?
Cathy Jamieson
The hon. Gentleman makes an important point. In very recent developments within the past day or so, the parents of the students have refused to accept a claim from Mexico’s Attorney-General that the students are dead and have demanded that the search continue. Amnesty believes that the Attorney-General of Mexico has failed properly to investigate allegations of complicity by the armed forces and others in authority. Local police operating in collusion with criminal gangs are thought to be responsible for many of the disappearances, as well as the separate killing of three students and three bystanders.
The hon. Gentleman referred to the local mayor, who is suspected of involvement and was also the subject of separate allegations, from a first-hand victim, of direct participation in violence and murder, which were not investigated. The Mexican Government have to tackle the collusion between the authorities and organised crime. Otherwise, there can be no justice.
The 43 students form part of more than 23,000 cases of people who are missing or have disappeared and whose whereabouts remain unknown. In 2012, the National Human Rights Commission said it was investigating more than 2,000 cases of reported disappearances. Thousands of unidentified bodies lie in mortuaries across the country or have been exhumed from mass graves. The Mexican Government must demonstrate that they are prepared to take serious and urgent action on torture, murder and abduction. That means making it clear that officials can no longer ignore human rights abuses and that anyone implicated in them, directly or indirectly, must be prosecuted. Victims must have access to truth and justice.
I have a few points to put to the Minister. I hope he will agree that the UK Government have a moral obligation to act in the face of torture, abduction and systemic persecution. I hope, too, that he will agree to call for urgent action to stop the use of torture and terror, end the culture of impunity and improve the justice system in Mexico.
Among the issues that I hope the UK will raise with the Mexican authorities are immediate investigation of all allegations of torture and other ill treatment; immediate and proper medical examination of detainees; immediate access to legal counsel for all detainees and enabling them to meet with their families; holding detainees only in recognised detention facilities; abolition of pre-charge arraigo detention; suspected torturers all being held to account, regardless of rank; and reparations to people who have been subjected to torture. With 2015 being the year of the UK in Mexico and of Mexico in the UK, an upcoming visit of the Mexican President also provides an opportunity to raise such issues. We are a key ally of Mexico, so I hope that UK Ministers will harness their diplomatic leverage and urge the Mexican authorities to make human rights a political priority.
Specifically, how will the UK Government use the Mexican President’s state visit to the United Kingdom in March to press for accountability on human rights violations in Mexico? How will the UK Government use the opportunity of the year of the UK in Mexico and of Mexico in the UK to secure tangible progress on human rights? Given the worsening human rights situation in Mexico, will the UK Government include Mexico among the “countries of concern” in the annual Foreign and Commonwealth Office human rights report?
Jeremy Corbyn (Islington North) (Lab)
I congratulate my hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson) on securing this important debate. I am grateful to her and to the Minister for giving me a few minutes to say something.
I am chair of the all-party group on Mexico and vice-chair of the all-party human rights group. I have led a delegation of the Inter-Parliamentary Union to Mexico and visited the country on many occasions—most recently, last November. Furthermore, the all-party human rights group has convened a series of round-table meetings in which we involve Foreign Office officials, Human Rights Watch, Amnesty International, the Mexican embassy and the Mexican community in London, and we interact on human rights issues. We are trying to be positive and to make progress, and I hope that the Minister will tell us that this year of relations with Mexico will provide not simply a jamboree for trade and investment, but a serious look at the endemic, systemic human rights problems that exist in Mexico.
Since 2006, 100,000 people have been killed in Mexico in the supposed war on drugs. The number of people missing is difficult to quantify exactly, but is somewhere around 23,000, according to Amnesty, although many independent human rights groups in Mexico put the figure much higher than that. The disappearance of the 43 students at Ayotzinapa in Guerrero state was shocking because it was so brazen; it was shocking because they were taken off a bus and disappeared. The more the investigation goes on, the worse it gets. Every time the investigators look, they find another unmarked grave. Who is in those unmarked graves? Unaccompanied migrants from Guatemala trying to flee to the USA to gain a sustainable living, who have been killed by gangs, often in collusion with the local police. The police are, in turn, in collusion with local officials.
The sense of anger in Mexico is palpable. I was there in November, only a short time after the disappearances, and although I have been to Mexico many times, I have never seen so many people on the streets, so angry and so determined that there should be real political and judicial change. The President is under real pressure.
Among the problems in Mexico are the facts that there are 2,000 different police forces that do not talk to each other and 31 governors who do not talk to each other; disappearances are endemic in many states; and there is a close relationship between some of the politicians in some of those states with the gangs and the disappearances. There is also a problem with the virtual impunity of the armed forces. I hope that the Minister will address those issues in his response today and raise them in discussion with President Pena Nieto during the state visit at the beginning of March.
If there is to be a change in Mexico, it will, in part, be as a result of pressure from outside. I have some sympathy with Mexico, in that guns come south from the unregulated gun trade in Texas and other US states, while drugs produced in Colombia and other places come north. Mexico is therefore a bit of a transit place for all of that, so the issues must be dealt with in part from a wider perspective. I hope we will be able to put on some real pressure for improvements.
Changes have been proposed in the legal system, where British involvement and representation have introduced the idea of adversarial justice, rather than the Napoleonic form of magisterial justice. That is a step forward. However, there is also a need to listen more carefully to independent human rights groups in Mexico, rather than just to the Mexican Government and the Mexican human rights commission. In my experience, the independent human rights groups have much more of a finger on the button. They are prepared to prosecute cases, to take them to the Inter-American Court of Human Rights and to bring about real change.
Mexico is a country of the most amazing history, contrasts and diversity, but it is also a place of great sadness. I conclude with this thought. One weekend, my wife and I were in Cuernavaca—a beautiful city not so far from Mexico City. As we arrived, we heard that 12 bodies had been suspended from a bridge and that the heads had been left by the side of the road. That was some kind of signal to somebody; that is the degree of human rights abuses, fear and threats in Mexico.
As a friend of Mexico, we should use our relationship with it to put on all the pressure we can for genuine human rights dialogue. We should also call Mexico to account when it comes to the UN Human Rights Council in March, so that the universal periodic review recommendations it said it was accepting are actually implemented and so that people in Mexico can develop their justice and human rights in their country.
The Minister for Europe (Mr David Lidington)
I congratulate the hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) on securing a debate on this important issue. It is timely, given the approaching state visit by the President of Mexico.
This would hardly be a debate on Latin American matters without the contribution of the hon. Member for Islington North (Jeremy Corbyn), whom I have heard speak on these themes on other occasions in the House. No one in the House, whatever political party they represent, has any doubt about his long-standing, principled commitment to human rights in that part of the world.
It is important to commend the excellent work done by the all-party groups on Mexico and on human rights, as well as the initiative they showed in organising two recent round-table discussions on human rights in Mexico. They secured the participation of not only Members of both Houses, but the Mexican embassy to the United Kingdom and Amnesty International. The fact that not only non-governmental organisations that had been critical of the state of human rights in Mexico, but representatives of the Mexican Government were able to take part is a good indication of the way in which we should continue discussions on these subjects.
The hon. Lady mentioned the cases of Miriam Lopez and Claudia Medina. We are aware of those cases, which have been widely reported. I will ask the Minister of State, my right hon. Friend the Member for East Devon (Mr Swire), who has ministerial responsibility for Latin America, to write to her and other Members present with more detail about those particular cases.
The disappearances and killings in Iguala and Tlatlaya have, understandably, prompted significant international concern. In many ways, they have come to symbolise the concerns felt about human rights and impunity in Mexico. As the hon. Member for Islington North acknowledged, we all need to recognise the genuine and serious security challenges that Mexico faces. We have been among the countries closely monitoring the recent tragic events and the Mexican Government’s response, and I will say a little more later about some of the initiatives that we have taken here and through our embassy in Mexico City.
The Mexican Government continue to express their commitment to human rights and have a good track record of engaging with the United Nations and other international human rights bodies. I know that Members who went to the all-party group round-table on 3 December last year welcomed the presence of Mexico’s Deputy Foreign Minister, Juan Manuel Gomez-Robledo, and his confirmation that the Mexican Government had agreed that the Inter-American Commission On Human Rights should create an interdisciplinary group of independent experts to examine his Government’s response to and investigation into the particular case of Iguala.
Jim Shannon
In my earlier intervention, I specifically mentioned the 43 students who went missing. Have our Government had any discussions with the Mexican Government on the disappearance of the 43 students and the corruption that let that happen? In response to my intervention, the hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) mentioned that the families have, as yet, no knowledge of where their loved ones are. Have we had any correspondence or discussion with the Mexican Government? If we have, what has come back?
Mr Lidington
In particular through our embassy in Mexico City, but also in our contacts through the Foreign and Commonwealth Office with the Mexican embassy in the United Kingdom and with Mexican visitors to the country, we certainly express our deepest concerns about those cases, the disappearances and the subsequent discovery of hidden graves in Iguala.
The Minister of State, my right hon. Friend the Member for East Devon, raised the Tlatlaya and Iguala cases in high-level political talks in Mexico in November last year. We very much support the declared intention of the Mexican authorities to carry out an exhaustive investigation to try to find the missing students and to bring justice for the victims and their families. As the hon. Member for Kilmarnock and Loudoun said, in the past few days there have been reports that the students are dead, but the families are challenging that. It is important that a thorough investigation is carried out so that the families, whatever the outcome, feel that everything possible has been done to find out what happened to their children.
The Mexican Government’s plan to address insecurity, announced in November 2014, included a series of reforms to the police service. As the hon. Lady said in her opening speech, the police have been the focus of quite a lot of the critical commentary on Mexico’s human rights record. The proposal is that Mexico’s 1,800 municipal police forces be replaced with 32 state- level forces and that a specific law on torture and enforced disappearances should be enacted. The Mexican Government have also committed themselves to new legislation allowing for the dissolution of local governments infiltrated by organised crime. Clearly it is not only that declaration and plan, welcome though they are, that are important, but action to see that plan implemented.
Cathy Jamieson
That information is helpful and welcome, but does the Minister agree that simply making those structural changes will not necessarily have the required effect, unless those new police forces have a different culture and different training? Does he have any information on who will assist in trying to make that happen?
Mr Lidington
I completely agree. Wherever one looks in the world, changes to the structure and the organisation of institutions are important. We should not deride that sort of reform, but those sorts of administrative changes need to embody cultural change, too. That is a lesson I am well aware of from my ministerial work with Governments in parts of central and eastern Europe—I am thinking of some of the Balkan countries, in particular. Changes to an organisation’s structure are necessary to trigger cultural reform of the type the hon. Lady described.
We stand ready to support the Mexican Government in their efforts to strengthen processes and mechanisms so that those responsible for human rights abuses are brought to justice. In recent years, the FCO’s human rights work in Mexico has focused on tackling impunity in particular as a way of improving human rights across the country.
The hon. Lady asked how we propose to deal with the question of human rights in the context of the forthcoming state visit. We are keen to help Mexico to strengthen its capacity to uphold its human rights obligations—it is party to all those international conventions that proscribe torture and other abuses of human rights—as well as to tackle its security challenges. We see the state visit as an opportunity to strengthen our bilateral relationship. That, in turn, will allow for continued full and frank conversations, including about human rights.
Jeremy Corbyn
I thank the Minister for giving way; I know he has only a couple of minutes left. During the discussions, will he raise the impunity of the armed forces in relation to the decision taken by the Inter-American Court of Human Rights on one of the cases there and whether the belief is that the new law in Mexico meets the requirements of that court?
Mr Lidington
I will make sure that that idea is drawn to the attention of both the Minister of State, my right hon. Friend the Member for East Devon, and the Foreign Secretary.
The war on drugs featured as a case study in last year’s FCO human rights report, and the issue of Mexico and impunity will feature in this year’s report.
During 2013-14, our embassy in Mexico City helped to fund an initiative called Citizens in Support of Human Rights—or CADHAC, to use the Spanish acronym—to support efforts to strengthen criminal prosecution and judicial processes in the northern state of Nuevo Leon, where the majority of enforced disappearances are alleged to have happened. We believe that as a result of that project, the legal framework to address enforced disappearances has been strengthened and access to justice improved, but we are continuing efforts to build and strengthen links with human rights organisations in Mexico and to secure funding for similar grass-roots projects now and for the future.
In the coming months, we will be supporting a project to strengthen the judicial system in the state of Chiapas, and in the future we particularly hope to support charities and NGOs working to tackle enforced disappearances. We believe that regular constructive dialogue with Mexico will bring the best results for human rights defenders and victims of human rights abuses and violations.
The UK enjoys a strong bilateral relationship with Mexico that allows for full and frank conversation. We have well established co-operation on such matters as climate change, transparency, non-proliferation and international development. The 2015 year of the UK and Mexico and the state visit of President Pena Nieto in early March will provide further scope for such constructive engagement. One of the messages that we raise in our discussions with Mexican Ministers and officials is that greater respect for human rights and the rule of law and improved security will lead to a better environment for business and investment. The two should not be seen as in any way in opposition. Respect for the rule of law gives confidence to business in terms of trade and investment commitments in the future.
It is right that the international community, including the United Kingdom, should respond vigorously to allegations of human rights violations in Iguala and elsewhere. We recognise the human rights challenges that Mexico faces, and through constructive dialogue as part of a positive, bilateral relationship, we stand ready to support the Mexican Government in their efforts to deliver on their international human rights commitments and ensure that those responsible for human rights abuses are brought to justice and held accountable.
Jeremy Corbyn
I want to make one last point to the Minister. Will he assure the House that the embassy will be fully staffed in Mexico City—I pay tribute to the staff there; I have met them many times and they are always extremely helpful—to ensure that there is a good, strong and effective human rights and legal affairs team there that can take part both in European monitoring as well as UN monitoring of what is going on in Mexico? We all need to take part to improve the human rights and life chances of many people in Mexico.
Mr Lidington
Our ambassador and his team see human rights as a very important part of their responsibilities, but again I shall make sure that that strong message from the House this afternoon is conveyed both to him and to the officials to whom he reports.