1. Mexico, as a State party to the International Covenant on Civil and Political Rights, hereby submits for consideration by the Human Rights Committee its fourth periodic report, in conformity with the provisions of article 40 of the Covenant and with the Committee's guidelines on the submission of complete reports within a period of five years.
2. Article 133 of the Constitution of the United Mexican States stipulates that international treaties concluded by the President of the Republic, with the approval of the Senate, shall, together with the Constitution itself and the laws of the Federal Congress, constitute the supreme law of the entire nation; consequently, the Covenant forms part of national legislation and may be the basis and foundation for any legal action.
3. The Mexican State, in conformity with the principles established in the Constitution, shares the responsibility and concern of the community of nations to protect and oversee the fundamental rights of the human being, and has accordingly signed and ratified various instruments of worldwide and regional scope on this question.
4. The Covenant is consistent with our Constitution. In acceding to this multilateral instrument, Mexico reaffirmed the national realization of the rights recognized in the Covenant, thereby contributing to the extension of its universal validity and, in this respect, undertaking a clear commitment vis-à-vis the community of nations.
5. The Government of Mexico has, in its earlier reports, described in detail the constitutional provisions and the specific rules of national legislation which guarantee respect for the human rights of all individuals who are in its territory and subject to its jurisdiction, without any distinction.
6. Mexico's third periodic report included information up to June 1992, highlighting, inter alia, the establishment of the National Human Rights Commission by a Decree of 6 June 1990 and the adoption, in December 1991, of a new Federal Act for the Prevention and Punishment of Torture.
7. It should be emphasized that during the period covered by the present report human rights commissions were established in each of the states of the Republic, in accordance with the Decree of 18 January 1992, which added to article 102 of the Constitution a paragraph B empowering federal and state congresses to establish organs of constitutional rank for the protection of human rights, in their respective spheres of competence.
8. When Mexico's third report was submitted to the Human Rights Committee, all complaints concerning violations of human rights were dealt with by the National Commission. Now, when federal authorities are involved, complaints are dealt with by the National Commission and when state authorities are involved, the complaints are dealt with by the state commissions in the first instance. However, the National Commission may subsequently exercise its power of attraction.
9. Mexico has participated with determination and enthusiasm in the powerful process of internationalization of the protection of human rights, through declarations, covenants, conventions, commissions and jurisdictional bodies geared to their improvement and genuine effectiveness. In this context, the Government signed and ratified on 23 March 1981 the International Covenant on Civil and Political Rights, which has been in force in Mexico since 23 June 1981.
10. Mexico's libertarian vocation is based on the defence of the human rights of Mexicans at home and abroad. In Mexico, our civilized coexistence renders inconceivable general, public and effective non-observance of human rights. The protection of these rights is not a concession to society, but the Government's primary obligation towards its people.
11. The Government recognizes the need for strict enforcement of the rule of law and the unrestricted observance of the human rights enunciated in the Constitution. The Constitution's chapter on individual guarantees and social rights honours Mexican constitutionalism and the most modern conception of universal law.
Constitutional and political processes which permit the exercise of this right in practice
12. The information relating to paragraph 1 of article 1 of the Covenant contained in Mexico's third periodic report remains valid.
13. In exercise of the right of self-determination, through a reform of 1993 the membership of the Chamber of Senators was amended. There are now 128 senators, of whom in each state and in the Federal District two are elected in accordance with the principle of relative majority voting and one is assigned to the first minority. The remaining 32 senators are elected in accordance with the principle of proportional representation, under the system of lists voted on in a single national multi-candidate constituency.
Factors or difficulties preventing the free disposal of its natural resources and wealth contrary to the provisions of this paragraph and the extent to which this affects the enjoyment of the other rights enunciated in the Covenant
14. The information relating to article 1, paragraph 2, of the Covenant contained in Mexico's third periodic report remains valid.
Positive measures to facilitate the exercise and observance of the right of peoples to self-determination
15. The information relating to article 1, paragraph 3, of the Covenant contained in Mexico's third periodic report remains valid.
Guarantees of equality regardless of differences of race, colour, sex, language, religion, political opinion, national or social origin, financial status or birth
16. The guarantees of equality are established in article 1 of the Mexican Constitution:
17. As to equality of the sexes, article 4, paragraph 2, of the Constitution states:
18. Freedom of belief is recognized in article 24 of the Constitution:
19. All the above-mentioned guarantees have been established in the Constitution since 1917; however, in the case of the indigenous populations, the only constitutional provision referring to them is the text added to article 4, paragraph 1, of the Constitution in 1992:
Legislative, administrative, judicial, political and other measures adopted by the Government of Mexico between 1992 and 1996 to guarantee recognition and observance of the rights established in the Covenant, without any distinction on grounds of race, colour, sex, language, religion, political opinion, national or social origin, financial standing, birth or any other social condition
20. The constitutional reforms effected pursuant to the Covenant, in accordance with the provisions of article 2 thereof, have essentially been the following:
(a) Article 3:
(b) Article 4:
(c) Article 5:
28 January 1992
(d) Article 16:
6 September 1993
3 July 1996
(e) Article 19:
3 September 1993
(f) Article 20:
(g) Article 21:
31 December 1994
(h) Article 22:
(i) Article 24:
6 January 1992
Religious associations were granted the capacity to purchase, possess or administer property essential for their purpose.
(k) Article 35:
22 July 1996
22 August 1996
(l) Article 41:
19 April 1994
(m) Article 73:
1 July 1994
(o) Article 94:
(p) Article 99:
(q) Article 104:
(r) Article 107:
(s) Article 110:
(t) Article 111:
(v) Article 122:
(w) Article 123:
(x) Article 130:
21. Among the administrative measures adopted by the Government is the promulgation of the National Development Plan 1995-2000 by the Federal Executive; its legal basis lies in the Constitution and in the Federal Public Administration Organization Act and the Planning Act. The Plan's specific objectives in relation to article 2 of the Covenant are the following:
(a) To consolidate the regulation and exercise of the functions of the organizations responsible for the non-jurisdictional protection of human rights, in particular the National Human Rights Commission and the local human rights commissions, with the aim of establishing and extending a genuine system for safeguarding these rights and promoting a culture of observance and promotion of such rights;
(b) To improve indigenous access to the judicial institutions, taking account of their cultural identity, in order that they may avoid injury in the application of the law. Encouraging equal access to justice for the indigenous peoples entails strengthening mechanisms which guarantee legal processes in conformity with the law, such as the systematic presence of interpreters to enable indigenous persons to follow their proceedings in their own languages and specific publicity for the rights and responsibilities conferred on them by the law;
(c) To establish a State governed by the rule of law in which all persons may have access to justice and satisfy their just demands; a system in which individuals and the authorities defer to the terms of the law and, when this does not happen, the offenders are punished; a system in which the quality of judges and their decisions are beyond all suspicion.
Favourable or unfavourable conditions existing in Mexico for the full enjoyment of the rights established in the Covenant by all persons subject to its jurisdiction
22. The Mexican Government, obeying the constitutional mandate, fully grants, on a basis of legal equality, civil and political rights and freedoms to its nationals and foreigners, without discrimination on any ground or on the ground of nationality.
23. Mexico has always assumed responsibility for the defence of its sovereignty on the basis of the sound principles of international law. Our Constitution establishes the principles of non-intervention, respect for the self-determination of peoples, the peaceful settlement of disputes, the proscription of the threat or use of force, the legal equality of States, the search for peace and cooperation for the development of Mexico's foreign policy.
24. In addition, Mexico has always pursued a pacifist defence of national security, which has meant that, despite a number of conflicts which have arisen within the country, favourable conditions continue to exist for the fulfilment of the provisions of the Constitution and of those of international treaties.
25. Mexico is confronting the challenge of reconciling the principles of international law with strategic objectives, internal decision-making capacity with the reality of interdependence, social and political plurality with unity in the face of internal and external challenges, the internal constitutional commitments with the country's policy on international matters. The strengthening of sovereignty is based on this reconciliation.
Measures adopted to promote the dissemination of the rights established in the Covenant, the instruction of the public authorities, and awareness of the Covenant and the resources for putting it into effect
26. During the period 1992-1996, the National Human Rights Commission organized a number of events with the aim of bringing to the attention of the authorities and various sectors of society the rights provided for in various international instruments, including the Covenant.
27. In this connection, the reporting period witnessed the holding of 164 events intended for staff of the Government Procurator's Office, 13 for municipal authorities and 32 for the armed forces; the latter events were attended by 19,306 senior and other officers, non-commissioned officers, ordinary soldiers and cadets. Stress was laid on the rights established in the Covenant, rights which have been adopted by the Mexican Government.
28. In addition, the National Human Rights Commission has published the following books whose aim is to publicize and disseminate the rights established in various international instruments, including the Covenant:
Human rights, national legislation and international treaties (1994);
Legislative, administrative or other measures adopted between 1992 and 1996 for the purposes of the implementation of the principle of equality between men and women in the enjoyment of the rights established in the Covenant
29. As already indicated in previous reports, starting with the Mexican Constitution, in general terms women suffer no legal limitation whatsoever, since the law regards them as having the same rights and obligations as men. The legislation setting out regulations relating to the articles of the Constitution which govern everyday life, contains provisions to ensure the equality of women and men.
30. During the period covered by this report, new provisions were adopted as a result of constitutional amendments and legislative work on various matters relating to the situation of women. It should be pointed out that, despite the new legislative provisions, in general there has been no change in the situation described in previous reports, in that the Constitution explicitly recognizes the equality of men and women before the law. This report will paint a general picture of the recent major reforms and legal initiatives and their impact in relation to women.
31. The National Human Rights Commission was established by a Presidential Decree published in the Diario Oficial de la Federación on 6 June 1990. Subsequently, on 28 January 1992, a section B was added to article 102 of the Constitution, which laid the bases for the establishment of organizations of that type throughout the Republic. These actions supplemented the Mexican system for the protection of human rights, in addition to the institution of the writ of protection (juicio de amparo).
32. Article 102 of the Constitution states:
33. The National Human Rights Commission Act does not include specific provisions relating to the rights of women, since the individual guarantees proclaimed in the Constitution provide for the equality of men and women; nevertheless, substantial progress has been made in combating discrimination against women through the establishment in 1993 of the Programme on Matters relating to Women, Children and the Family by the National Human Rights Commission.
34. This Programme comprises the hearing of complaints by women who believe that their rights pertaining to their status as women have been violated, studying and proposing solutions to the problems which impede the full exercise of the human rights of women, and promoting the equality of relations and responsibilities of men and women within the family unit. It promotes the access of women to all levels of the educational system and their retention in the system, the right to employment, training and equitable entry levels, to social security and insurance systems, and to health services, in particular reproductive health services.
35. In 1992, the New Agrarian Act was adopted in line with the amendment to article 27 of the Constitution. Article 63 of the New Agrarian Act states that "the same protection shall be given to ... the women's industrial-agricultural unit [as to the land intended for human settlement]". Article 71 of the Act stipulates that of the land forming part of an ejido (unit of communal land) "an area may be reserved, ... preferably in the best land adjacent to the settlement zone, for the establishment of a livestock farm or rural industries run by women over 16 years of age ... [which] may include facilities designed specifically for the benefit and protection of peasant women". The new Act thereby extended that right to all women, since the previous Act had limited it to women who were not ejidatarias (holders of shares in an ejido).
36. There has, however, been a change compared with the previous Agrarian Act, article 103 of which had made the existence of women's industrial-agricultural units mandatory in each ejido. Now, that decision is left to the assembly of the ejido, as is the extension of a plot of land. Similarly, the right of the lawful wife or common-law wife to be the primary successor to a plot of communal land, a right set forth in article 81 of the 1971 Act, has been abolished, and in its place the new Act establishes that an ejidatario has the right to designate successors at his discretion, as is the case in civil law.
37. In the field of education, the amendment to article 3 of the Constitution, published in the Diario Oficial on 5 March 1993, represents an important step towards making secondary education - as well as primary education - mandatory, reaffirming the right of every individual to receive an education.
38. The General Education Act of 1993, in conformity with the constitutional amendment, reiterates, in article 8, section III, the precept which stipulates that education must uphold the "ideals of fraternity and equality of rights of every human being, avoiding privileges on account of race, religion, group or sex, or individual privileges".
39. In chapter 3, article 32, relating to equality in education, the General Education Act stipulates that measures should be taken "towards establishing conditions which will allow the full exercise of the right of every individual to education, greater educational equality, and the attainment of effective equality of opportunity of access to and retention in educational services. These measures shall be directed, on a continuing basis, at those groups and regions which are most backward in education or are confronted with unfavourable economic and social conditions". It thereby establishes a legal framework which implicitly recognizes the gender differences with regard to access to education and the school drop-out rate, as well as the need to establish measures targeting vulnerable groups, among which women occupy an important place.
40. On 22 November 1996, the Congress of the Union adopted an addendum to transitional article 22 of the Federal Code of Electoral Institutions and Procedures, which states that the national political parties should consider in their statutes that no more than 70 per cent of the candidates for deputy or senator should be of the same sex.
41. At the state level, on 23 December 1996 the Congress of the State of San Luis Potosí adopted the Electoral Act of that State, article 33 of which stipulates that the political parties must seek to register an equal number of candidates of the two sexes. The Congress of the State of Sonora amended article 89 of that State's Electoral Code to incorporate a requirement that, in the register of proposed candidates, on no electoral roll should more than 80 per cent of the candidates be of the same sex.
42. The Federal Safety, Hygiene and Working Environment Regulations, which have been in force since 21 April 1997, incorporate for the first time in Mexican legislation provisions regulating safety and hygiene in employment in specific activities that have not been considered hitherto - such as forestry, agriculture and sawmills, including measures relating to fixed and temporary installations; agricultural machinery, equipment and implements; agrochemical agents and, especially, the safe use of insecticides and fertilizers. They also contain safety and hygiene provisions to protect the foetuses or children of pregnant or nursing working women, and at the same time lay down preventive measures to protect the physical and mental development of minors in the workplace.
43. They state that pregnant women cannot be engaged in employment which involves the handling, transport or storage of teratogenic or mutagenic substances; where there is exposure to sources of ionizing radiation capable of producing contamination in the workplace, in accordance with the applicable legal provisions, regulations and standards; where there are abnormal environmental pressures or disturbed environmental thermal conditions; and where the muscular effort required may affect the foetus.
44. In 1996, on the initiative of the executive branch, articles 16, 20 (section I), 21, 22 and 73 (section XXI) of the Constitution were amended to improve the potential to deal with organized crime, which is recognized as one of the most serious problems confronting Mexico and the whole international community. At the same time, the Criminal Code was amended to strengthen, inter alia, the provisions relating to illegal deprivation of liberty when carried out with violence and when the victim is under 16 or over 60 years of age or physically or mentally inferior to the person responsible for the deprivation of liberty.
45. On 7 November 1996, the Federal Act against Organized Crime was published in the Diario Oficial. The purpose of the Act is "to establish rules for the investigation, prosecution, trial, sentencing and enforcement of the penalty in the case of offences committed by any person associated with organized crime. Its provisions are in the public domain and are applicable throughout the national territory", inter alia in matters relating to trafficking in undocumented persons and minors.
46. In the Federal District, the Assembly of Representatives adopted the Domestic Violence Prevention and Assistance Act, which entered into force in August 1996 (annex I).
47. On 26 November 1996, the Senate of the Republic approved the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women - the Convention of Belém do Pará. In January 1997, the Ministry of Foreign Affairs recommended its ratification.
National organizations established between 1992 and 1996 for the purpose of examining legislation and practice which affect the enjoyment of civil and political rights by women
48. In Mexico, governmental action with regard to both the establishment of women's programmes and support for legislative reforms goes back several decades, one example being the recognition of women's right to vote in 1953.
49. Indeed, as indicated in Mexico's periodic reports to the Committee on the Elimination of Discrimination against Women, various programmes and measures have been implemented in the past 20 years to help to improve the status of women. It should be pointed out that 1974 saw the establishment of the National Programme for International Women's Year, which prepared Mexico's report for the 1975 World Conference, held in Mexico. As part of International Women's Year, new advances were made towards achieving the equality of women with the amendment of the Constitution and various civil, labour, criminal and other laws.
50. In 1980, the National Programme for the Integration of Women in Development was established within the National Population Council (CONAPO) of the Ministry of the Interior. Later, in 1985, a National Commission for Women was established, also within the Council, to coordinate sectoral activities and projects which formed part of a renewed Plan of Action. In 1993, the work of the Commission was reoriented towards the preparations for the Fourth World Conference on Women, with a National Coordinating Committee.
51. Similarly, in January 1994, the Department for the Coordination of Matters relating to Women was established in the Ministry of Foreign Affairs in preparation for and in support of the National Coordinating Committee for the Fourth World Conference on Women; since then it has served as the administrative unit linking national and international agencies which promote the advancement of women, and monitored the implementation of the relevant international instruments signed by Mexico, as well as the implementation of the Beijing Platform for Action.
52. On 8 March 1995, the National Programme for Women: Alliance for Equality (PRONAM) was initiated; the official document was submitted one year later. This Programme constitutes a national mechanism to promote activities designed to improve the status of Mexican women on the basis of nine general objectives.
53. The National Programme for Women forms part of the National Development Plan 1995-2000; it too proposes, as a priority social policy objective, the promotion of the full and effective participation of women in the economic, social, political and cultural life of the country on an equal basis with men.
54. As a follow-up to the diagnosis drawn up in preparation for the Fourth World Conference on Women and the strategies established in the National Programme for Women: Alliance for Equality, which are in keeping with what was agreed both in the Regional Programme of Action for Women of Latin America and the Caribbean, 1995-2001, and in the Beijing Platform for Action, the National Human Rights Commission, with a view to contributing to the full compliance by the Mexican State with its international obligations in this area, carried out a very detailed analysis of the principal federal regulations with a view to ascertaining whether they were in line with the provisions of the international instruments adopted and proposing any necessary amendments so that the legal equality of men and women could be transformed into real equality of opportunity for the development of both.
55. The results of the Commission's survey, which also included an analysis of state legislation, are in the process of publication and the proposals for legislative reform will be submitted to the appropriate authorities. It is important to emphasize the readiness of the Mexican State to analyse the proposal of the National Human Rights Commission, which constitutes an important and exhaustive diagnosis that will help to draw attention to those situations which require further analysis.
56. Through the Ministry of the Interior, which oversees the Section for the Executive Coordination of the National Programme for Women, a meeting was convened on 30 January 1997, within the context of the Alliance for Equality in the Framework of the New Federalism, for the purpose of analysing the degree of implementation of the Convention on the Elimination of All Forms of Discrimination against Women by the states of Campeche, Chiapas, Oaxaca, Tabasco, Quintana Roo and Yucatán. One of the topics discussed in this forum was the legal framework with regard to women in each of these parts of the Federation. Similar meetings were held in other states.
Information on the participation of women in Mexico's political and economic life
57. As indicated in previous reports by the Government of Mexico to the Human Rights Committee and to the Committee on the Elimination of Discrimination against Women, the right of women to participate in the political and public life of the country on equal terms with men is guaranteed in chapter I of the Constitution, which establishes the individual freedoms of all inhabitants of Mexico without distinction.
58. The demand for greater participation by women in political and economic activities has been intensified not only through the legal principles described above but also as a consequence of the nation's development, the accelerated process of urbanization, the modernization of its economy, and the radical changes in its cultural and educational life. However, even though women constitute the majority of the Mexican population and their right to vote and be elected has been recognized for 40 years, they do not enjoy full political equality in terms of their participation in politics or in the country's political affairs.
59. In 1991, women constituted 54.1 per cent of the electorate. According to the poll-books for the latest federal election (August 1994), women constituted 51.6 per cent of the electorate and 51.8 per cent of the nominal list of voters; in other words, they constituted more than one half of the population in a position to determine to whom responsibility for taking decisions about Mexico's governance and future should be delegated. However, the number of women holding decision-making posts in executive, judicial and legislative circles, in businesses and in political parties and trade unions is still low.
Executive branch
60. The Executive Coordinating Office of PRONAM is compiling the administrative statistics available in government agencies in order to obtain a picture of the situation of women in this sector. To this end, it has requested 20 offices and 14 entities of the federal public administration to provide information concerning the appointment of women to posts at the middle and senior levels of management.
61. The data received by January 1997 show that of the 40,300 officials serving in the posts indicated, 34 per cent are women. The highly technical entities such as Petróleos Mexicanos (Mexican Petroleum) and the Federal Electricity Commission have the smallest number of women in such posts (6.2 and 3.8 per cent respectively); the Ministry of Defence has only 5.4 per cent, one of them a general. In contrast, the bodies with the highest number of women are the National Human Rights Commission (36 per cent), the Ministry of Education (31 per cent), the Office of the President of the Republic (27 per cent) and the Ministry of Health (27 per cent).
62. In order to obtain similar information concerning the participation of women in state and municipal administration, which is important in order to obtain a broader view in the national context, the state governments have been invited to carry out a similar exercise.
63. With regard to senior levels of management in public administration, it should be pointed out that from 1953 to date only 6 women have been Ministers of State (compared with more than 180 men) and 2 of them are currently in office.
64. In the Ministry of Foreign Affairs, there are 12 women ambassadors, 8 of them career ambassadors, including one currently on extended leave. In the diplomatic and consular branch of the Mexican foreign service there are 186 women and 603 men; in the administrative branch there are 340 women and 175 men.
Legislative branch
65. In the legislative branch, in the current fifty-sixth legislature for the period 1994-1997, out of a total of 628 seats occupied by deputies (500) and senators (128) 13.3 per cent are held by women. The number of female legislators has grown significantly compared with the previous legislature, partly as a result of an increase in the total number of seats in the two chambers. Thus, while there were three female senators and 42 female deputies in the fifty-fifth legislature, the current legislature has 17 female senators and 16 female deputies. All the congresses of Mexico's 31 states have women representatives.
66. The Assembly of the Federal District had 12 women members in 1988, and 14 in 1991. At present, 15 (or 22.7 per cent) of the 66 representatives are women.
Judicial branch
67. Women continue to play an active role in the judicial branch of the Federation, whose functions are performed by the Supreme Court of Justice, the collegiate circuit courts, the single-magistrate courts, and the higher and lower circuit courts.
68. The participation of women from 1980 to 1994 was higher than in other areas of the public sector: women comprised 20 per cent of the Supreme Court judges, 12 per cent of circuit court judges and 23 per cent of district magistrates. Of the current 11 Supreme Court judges, one is a woman. Altogether women occupy approximately 19 per cent of the senior posts in the judiciary.
State governments
69. Only three women have been state governors in Mexico. The proportion of women mayors or presidents of municipalities is very low, but has shown a slight increase: in 1991, 2 per cent of municipal presidents were women, but four years later the proportion had risen to 4.5 per cent. The states with the highest proportion of female municipal presidents in 1995 were: Baja California (25 per cent), Colima (20 per cent) and San Luis Potosí (14.3 per cent). In 1996, there were 83 female municipal presidents - or 3.7 per cent of the total - and 1,908 female councillors. In the Federal District, of the 16 municipalities 4 were headed by women.
Political parties
70. In the Chamber of Deputies, in the fifty-sixth legislature (1994-1997) the Partido de la Revolución Democrática (PRD) had the greatest percentage of women deputies, with 24.3 per cent. It is the party in which the ratio of male to female deputies is lowest; there is one female deputy to every three male deputies, compared with the Partido Revolucionario Institucional (PRI), which has one female legislator to every six male legislators, and the Partido Acción Nacional (PAN), where the ratio is 1 to 11. In the Senate, the PRI is the political party with the greatest female representation in the fifty-sixth legislature (1994-2000), not only in terms of numbers, but also because the ratio of men to women is less unequal, with one female legislator to every six male legislators. In the case of the PAN, the ratio is 1 female legislator to every 12 male legislators.
71. In the Assembly of Representatives of the Federal District, the PAN has the greatest degree of female participation (28.6 per cent), compared with the PRI (23.7 per cent) and the PRD (20.0 per cent). In the near future it is hoped that there will be an increase in the number of women in posts elected by popular suffrage as a result of the addition of transitional article 22 to the Federal Code of Electoral Institutions and Procedures, referred to in the first section on article 3.
72. In respect of article 3 of the Covenant, the Government of Mexico requests the Committee also to consider the information contained in the third and fourth consolidated reports submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women to the Committee on the Elimination of Discrimination against Women in April 1997.
Measures adopted between 1992 and 1996 amending the following questions relating to states of emergency in Mexico
73. Article 29 of the Constitution, as amended on 21 April 1981, provides as follows:
74. As mentioned above, the public authorities comprising the executive, the legislature and the judiciary are required to reach a consensus on the decision to declare the suspension of guarantees; the Executive must take the decision with the agreement of the heads of the federal public administration and the approval of Congress or of the Permanent Commission when the former is in recess.
75. Article 129 of the Constitution lays down the functions of the army in peacetime, without specifically referring to its function when a state of emergency has been declared; the article states that "in peacetime no military authority may exercise any functions other than those directly connected with military discipline ...".
76. During the period under review (1992-1996), no state of emergency was declared in Mexico.
Application of this article and examination of whether it may in practice be misinterpreted or lead to an insoluble conflict with national legislation
77. In order to strengthen its institutions, Mexico has always sought to nurture and protect fundamental human rights; ever since the 1917 Constitution was promulgated, these rights have been regulated under the section relating to individual guarantees.
78. These guarantees may be invoked by any citizen who believes they have been infringed. In Mexico, which is a State governed by the rule of law, international human rights instruments such as the American Convention on Human Rights and the Covenant may be ratified on the basis of article 133 of the Constitution:
Measures adopted to reduce the threat of war and the production and possession of weapons
79. Regarding efforts to avert the threat of war, in particular nuclear war, to strengthen international peace and security, and to prohibit the production, testing, possession, deployment and use of nuclear weapons, as indicated in its third periodic report submitted in 1992, Mexico has always advocated peace and the peaceful settlement of disputes, and has opposed armed conflict. This has been demonstrated by its active involvement in a number of conflict resolution mechanisms, particularly in the Central American region.
80. Mexico regulates questions relating to firearms, munitions and explosives through the Federal Firearms and Explosives Act and the relevant regulations, which have been in force since 29 December 1971, with a number of amendments, the most recent of which was introduced by the decree dated 21 December 1995.
81. The Ministry of the Interior and the Ministry of Defence possess specialized departments dealing with all aspects of firearms and explosives. Both Ministries work in complete coordination in order to perform their tasks.
82. The President of the Republic alone is responsible for authorizing the establishment of arms factories and deals. Monitoring and supervision of industrial and commercial activities and operations relating to weapons, munitions, explosives, military devices and chemicals are the responsibility of the Ministry of Defence. The relevant provisions apply to any activities involving weapons, items and materials designated in the Federal Firearms and Explosives Act and its regulations.
83. The Act requires ad hoc inspections and monitoring of imports and exports of weapons, heavy armour and explosives, particularly as regards their transport and supervision, so as to ensure effective control over firearms and their accessories throughout the country.
84. The Act lays down the following penalties with the aim of reducing the production and possession of weapons:
(a) Anyone who stores weapons shall be liable to a penalty of 2 to 9 years' imprisonment or 5 to 30 years' imprisonment, depending on the weapons concerned; storing weapons means the possession of five or more weapons intended solely for the use of the army, navy or air force;
(b) Anyone who clandestinely imports weapons, munitions, explosives and materials intended solely for military use or subject to control under the terms of the Act shall be liable to 5 to 30 years' imprisonment;
(c) Any official or public servant whose functions require him to prevent the illegal import of weapons and who fails to do so shall be liable to two to six years' imprisonment, in addition to dismissal; if the weapons are intended solely for the use of the armed forces, the penalty shall be two to eight years' imprisonment;
(d) Persons who deal in weapons, munitions or explosives which are acquired without verification of their lawful origin or who manufacture or export these items without the relevant authorization, or arms dealers who sell, donate or exchange items of unlawful origin without authorization shall be liable to one to eight years' imprisonment;
(e) Anyone who, without authorization, purchases explosives and transports, handles, repairs, modifies or stores items covered by the Act shall be liable to a penalty of imprisonment for six months to six years;
(f) Anyone who operates factories, industrial plants, workshops, stores or other establishments engaging in activities regulated by the Act, without complying with the mandatory safety regulations, shall be liable to a penalty of imprisonment for one month to two years; the same penalty shall be imposed on anyone who ships items covered by the Act and has them transported by unauthorized firms;
(g) Anyone who transports items covered by the Act or who sells such items to firms or individuals who do not possess the relevant authorization from the Ministry of Defence, either for their transport or for their purchase, shall be liable to a penalty of imprisonment for one month to two years.
85. The weapons of all branches of Mexico's armed forces are registered with the National Firearms Registry, which is controlled and regulated by the Ministry of Defence, in conformity with the Federal Firearms and Explosives Act.
86. Under article 10 of the Constitution, all Mexico's inhabitants are entitled to keep weapons in their home for their security and self-defence, with the exception of those weapons prohibited by the above-mentioned Act and its regulations, and of those whose use is restricted solely to the army, navy, air force and National Guard. The final part of this article stipulates that the Act shall determine the circumstances, conditions, requirements and places in which inhabitants may be authorized to bear weapons.
87. Persons who possess one or more of the weapons prescribed in article 4 of the Act and its regulations are required to register them with the Ministry of Defence, which exercises control over all weapons in Mexico.
88. Article 10 of the Act enumerates those weapons that may be kept at home and used, with the relevant permit, for sporting and hunting purposes. The same article lists those weapons whose use is restricted to the army, navy or air force, and which persons employed by or occupying positions in the Federation, Federal District, states or municipalities may be authorized to use either individually or collectively.
89. In order to bear weapons a permit issued by the Ministry of Defence and/or the Ministry of the Interior is required. A decision to withdraw the permit does not need to be substantiated and the law authorizes the cancellation of weapon permits whenever this is deemed necessary.
Measures taken to increase life expectancy by reducing infant mortality, and eliminating malnutrition and epidemics, and to prevent environmental pollution
90. Through the National Health System, the Government of Mexico has implemented a variety of programmes and campaigns to increase the life expectancy of Mexicans by reducing infant mortality and eliminating malnutrition and epidemics. In October 1995, the National Action Committee for Children, which was set up to implement the Declaration and Plan of Action signed at the 1990 World Summit for Children, published the National Programme of Action for children 1995-2000, whose central aim is to improve the survival, protection and development of children and mothers.
91. The overall goals of the Programme, in line with the reduction of infant mortality and elimination of malnutrition and epidemics, are as follows:
92. The main objectives and subsidiary goals of the Programme are as follows:
(a) Women's health and education
(b) Nutrition
(c) Child health
(d) Water and sanitation
93. In order to attain these objectives and goals, the Programme has laid down the following guidelines for action, focusing on reducing mortality, malnutrition and epidemics.
Prevention and control of vaccination-preventable diseases
94. The Universal Vaccination Programme (PVU) was set up in conformity with the commitments made by Mexico at the World Summit for Children. In January 1991, the National Vaccination Council (CONAVA) was established by presidential decree as a coordinating and consultancy agency to promote, support and coordinate activities under the Programme. For the first time, the Programme integrates all the institutions of the National Health System through the introduction of a programme with common objectives, goals, strategies and procedures. The vaccinations included in the PVU are those of the World Health Organization's Expanded Programme on Immunization (EPI): oral polio virus vaccine, DPT, BCG, measles and tetanus.
95. Generally speaking, the levels of coverage achieved since October 1992 among children aged from 1 to 4 have been higher than 95 per cent for each of the biologicals and 94 per cent for the complete eight-dose scheme; however, among children aged under 1, the levels were lower. The levels attained by the PVU, and their epidemiological impact may be described as historic as poliomyelitis was eradicated in 1990 and diphtheria in 1991, while the other vaccination-preventable diseases have declined markedly since 1990, even though a certain percentage of the population is still exposed to whooping cough, tetanus, measles and meningitic-tuberculosis, a situation which has led to redoubled efforts to achieve the objectives set by the Government for the year 2000.
96. For epidemiological and financial reasons, CONAVA has decided that it was both desirable and feasible to introduce into PVU in the short term vaccinations to prevent invasive infections by haemophilus influenzae type B and cases of rubella, mumps and hepatitis B.
Prevention and control of diarrhoeal diseases and acute respiratory infections
97. Two other diseases responsible for high rates of infant mortality in Mexico are diarrhoeal diseases and acute respiratory infections (ARIs), particularly among children aged under 5. They are responsible on average for two and four episodes respectively per year, which directly affect nutritional status and have repercussions on the growth and development of children, as well as increasing health expenditure.
98. Consequently, since 1984, the National Programme for Prevention and Control of Diarrhoeal Diseases has been implemented, and led to a marked decline in the number of hospital beds occupied by persons with such diseases, in venocclusive complications in the cost of treatment and in child deaths. Similarly, the National Programme for Prevention and Control of Acute Respiratory Infections has been under way since 1989; it facilitates the early detection of severe and serious patterns, and also the adoption of effective treatment for ARIs in order to reduce mortality from these diseases.
Nutritional status
99. In recent years, the National Health System has been implementing measures to improve the nutritional status of mothers and children, for example by monitoring the nutrition, growth and development of children aged under 5 through the provision of comprehensive health services, food assistance for risk groups, guidance and education for mothers in preventing risks and damage to health and promoting the increased availability of food in the family and the community.
100. Coordination with other sectors, and principally the education sector, has been enhanced, making it possible to include children of pre-school age in nutritional monitoring. Registration systems have been set up and improved, with the result that we are able to keep closer track of the situation.
101. The Government has also made progress in combating malnutrition among the population by monitoring the growth and development of children by age groups, preventing iodine-deficiency disorders, preventing vitamin A-deficiency disorders, and providing food and nutritional guidance and food assistance.
102. Tables are appended showing the reductions in the rates of infant and pre-school mortality, by cause, between 1990 and 1993, and Mexico's new basic vaccination programme (annexes II and III).
103. Preventing environmental pollution has been another concern of the Government and was already embodied in article 27 of the 1917 Constitution, which laid the foundations for developing an environmental policy by subordinating the use of natural resources to the national interest. However, Mexico's environmental policy dates back barely two decades, to the establishment in the 1970s of the Under-Secretariat for Environmental Protection, under the aegis of the Ministry of Health and Welfare, the legal basis for which is provided by the 1971 Federal Act to Prevent and Control Environmental Pollution.
104. The major stride towards consolidation of the Government's environmental measures, which acquired legitimacy when the need for a strategy to tackle environmental deterioration and to improve the environmental aspect of development was recognized, was taken in 1994 with the establishment of the Ministry of the Environment, Natural Resources and Fisheries.
105. With the establishment of this Ministry, the present Government has made an effort to consolidate the environmental protection and natural resources functions which were spread among various ministries; the Ministry thus fulfils an integrating function and is responsible for the orderly exploitation of natural resources and for environmental protection, specifically oriented towards sustainable development.
106. Atmospheric pollution is a virtually universal problem in Mexico's major cities, although it has reached the most critical levels in the metropolitan area of the Mexico Valley, where the Federal District is located. In recent years a number of measures have been introduced in the Federal District to halt the deterioration in air quality, with positive results as in the case of the new grades of petrol sold in Mexico, which now satisfy international standards, are unleaded and comprise maximum limits on alkene, aromatic and benzene content and vapour pressure. As a result, the upward trend in atmospheric pollutants such as lead, sulphur dioxide and total suspended particulates has been brought under control.
Measures in force to prevent any arbitrary deprivation of life and to punish those responsible should this occur, including both ordinary laws and special laws governing acts such as those committed by terrorists
107. In conformity with the Government's commitment to respect and protect human rights, Mexican legislation provides for a number of measures to prevent any arbitrary deprivation of life and to punish those guilty of terrorist acts. This is demonstrated by the classification of the unlawful actions and elements constituting this offence, contained in the following provisions:
Provisions in force to compensate the victims of these unlawful activities whether committed by public officials or by private individuals
108. These provisions are contained in the:
I. Restitution of the item obtained by means of the offence and, should this be impossible, payment of its cost;
III. Payment for the damage caused."
...
Article 514 sets out the table of assessment of types of permanent incapacity and the relevant percentages of losses.
Measures taken to prevent forced or involuntary disappearances, and the procedures laid down and followed to effectively investigate complaints relating to disappeared persons, especially when the security forces or
other official bodies are alleged to be involved
109. The objective of the National Human Rights Commission's programme relating to persons presumed disappeared is to locate persons reported by different agencies or individuals as having disappeared, in cases where the involvement of a public authority or servant is suspected.
110. As soon as the programme was established in 1990, the Commission carried out a study to consider the introduction of the offence of enforced disappearance into the statutory codes of the various states and the Federation. The study was submitted to representatives of the executive and the Senate for discussion and approval.
111. It should be noted that the Commission cooperates directly with the Working Group on Enforced or Involuntary Disappearances (subordinate to the United Nations Commission on Human Rights), to which nine reports have been submitted containing specific references to the decisions communicated by the Working Group and the activities undertaken by the Commission in the area of alleged disappearances.
112. We should like to inform the Human Rights Committee that, in order to attain its objectives, since the Programme was established 770 visits have been made to Mexico's various states and 7,612 investigations carried out. An average of two investigators take part in each visit, which lasts approximately five days. A variety of investigations are carried out, including interviews and the taking of statements from relatives, witnesses and public servants, requests for information from various public and private bodies, archival research and criminological and anthropological reports. The results of the investigations are recorded in the relevant files, and publicly authenticated by the designated visitors of the National Human Rights Commission.
113. A total of 140 cases have been resolved; 102 persons were found alive and 38 dead, or there was evidence that they had died. In this connection, the Commission has resolved 33 of the cases transmitted by the Working Group. In addition, between January 1992 and December 1996, the Commission issued six recommendations concerning the programme relating to persons presumed disappeared.
The current situation in Mexico regarding initiatives and plans concerning the death penalty
114. As part of its task of safeguarding the human rights of Mexicans, the National Human Rights Commission is particularly concerned to safeguard the right to life, and especially the lives of Mexican citizens sentenced to death in the United States of America. Its position, contrary to that of persons who call for the imposition of capital punishment in Mexico as a means of tackling crime, is based on the belief that the deterrent effect of criminal law depends not on the seriousness of the punishment, but on efforts to combat impunity.
115. The Commission coordinates its work in defence of Mexican citizens facing the death penalty abroad with the Ministry of Foreign Affairs.
116. The Commission has drawn up a proposal to reform article 22 of the Mexican Constitution by abolishing the death penalty. The proposal has been submitted to the members of the human rights commissions of the Chambers of Deputies and Senators for acceptance adoption.
117. In addition, in conjunction with other institutions the Commission organized a conference on the "Present state of the debate on the death penalty" and an international symposium on "the death penalty: a multidisciplinary approach"; the report on the latter was subsequently published (annex IV).
Crimes that carry the death penalty and its application in practice
118. Article 22, paragraph 3, of the Constitution states:
119. It should be mentioned that Mexican legislation provides for the death penalty in the case of certain other offences, although in practice it is not carried out. The death penalty is not provided for by the criminal codes of any of the states, where it remains in force solely under military law.
The Government of Mexico's position with regard to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty and the possibility of its ratification
120. On several occasions the Mexican Government has stated, through the Ministry of Foreign Affairs, that the possibility of ratifying this Protocol, together with other international human rights instruments, is being examined even though the death penalty is still provided for in the Constitution.
121. Article 22, paragraph 3, of the Constitution prohibits the death penalty for persons guilty of political offences; this principle is commonly accepted by all the world's modern liberal constitutions. However, the article also restrictively determines those cases in which the death penalty may be applied, and which include particularly serious offences that throughout history have been considered to constitute violations of the most fundamental social and individual assets and values.
Status of the prohibition of torture and of inhuman treatment in Mexican legislation
122. Specific information:
123. Under Mexican legislation and in strict conformity with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, article 3 of the Federal Act to Prevent and Punish Torture provides as follows:
124. Torture is classified as a serious offence and carries a sentence of from 3 to 12 years' imprisonment, a fine of 200 to 500 days and disqualification from any public office, post or assignment for a period of up to twice the length of the custodial penalty imposed.
125. Under articles 8 and 9 of the Federal Act no confession or information obtained through torture may be used as evidence; the same applies to any confession made before the police, the Public Prosecutor or a judge in the absence of the accused's counsel or a person whom he trusts and, if appropriate, his translator.
126. The Federal Act is supplemented by criminal case law relating to confessions obtained through torture:
127. Where the form of compensation for victims is concerned, article 10 of the Federal Act stipulates that a person guilty of any of the offences covered by the Act shall be required to defray the cost of legal advice, medical and funeral expenses, rehabilitation or any other expenses incurred by the victim or his relatives as a result of the offence. He shall also be required to provide redress for the damage caused and to compensate the victim or his dependants for the injury suffered as a result of any of the following:
(i) Loss of life;
(ii) Impairment of health;
(iii) Loss of freedom;
(iv) Loss of earnings;
(v) Incapacity for work;
(vi) Loss of, or damage to, property;
(vii) Impairment of reputation.
In determining the relevant amounts, the court shall take account of the extent of the injury caused.
Legislation in force in relation to cruel, inhuman or degrading treatment or punishment and practice followed in the treatment of detainees
128. Measures to prevent the ill-treatment of persons who, for whatever reason, are held subject to judicial proceedings are governed by article 20, paragraph II, and 22, first paragraph, of the Constitution:
129. Article 225, paragraph XII, of the Criminal Code classifies the following as offences against the administration of justice committed by public servants:
130. In addition to the constitutional provisions against cruel, inhuman or degrading punishment, article 4 of the Federal Act to Prevent and Punish Torture, which is applicable throughout the country in respect of federal offences and in the Federal District in respect of ordinary offences, states:
"Anyone committing the offence of torture shall be liable to 3 to 12 years' imprisonment, 200 to 500 days' fine and disqualification from any public office, post or assignment for a period of up to twice the length of the custodial penalty imposed ...".
Statistics relating to complaints of torture or ill-treatment between 1992 and 1996, investigations and outcome of complaints of torture, imposition of penalties
131. The elimination of torture has been one of the primary objectives of the Mexican Government, and in particular of the work of the National Human Rights Commission. Thus, even since the Commission was established, substantial progress has been made, but it has so far not been possible completely to eradicate these utterly reprehensible acts which are characterized by disregard for human dignity.
132. Lastly, it should be mentioned that during the first three months of this year, the Commission classified 19 complaints of torture, of which two were returned to the complainant as they concerned matters within the jurisdiction of a State human rights agency and two were returned for concurrence of proceedings.
133. During the six and a half years of the Commission's existence and as a result of its recommendations and efforts at reconciliation referred to above, a total of 2,567 public servants have been punished: 1,173 federal public servants, 1,330 State public servants and 64 municipal public servants.
134. Also in connection with article 7 of the Covenant, the Government of Mexico requests the Human Rights Committee also to consider the information contained in its third periodic report submitted under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to the Committee against Torture in July 1996 and presented before the Committee on 30 April 1997 (see CAT/C/34/Add.2 of 27 November 1996).
Treatment of detainees
135. Information on the laws relating to, and practices followed in the treatment of, prisoners in Mexico is to be found in the section of this report relating to article 10 of the Covenant.
Measures adopted to train law enforcement officials and prison warders
136. National Human Rights Commission: In order to strengthen the human rights culture, the National Human Rights Commission (CNDH) provides regular training for various security bodies and for the armed forces. Its training programmes are primarily intended for federal public servants within the CNDH's area of competence; however, as part of its work in preventing abuses and promoting a human rights culture, the CNDH has also been training municipal and State officers, in conjunction with the respective State commissions and with the participation of universities and non-governmental organizations.
137. Training programmes are currently focused on the following public or national security bodies: police trainees, Preventive and Municipal Police officers on active duty, State Judicial Police officers and officials of the Public Prosecutor's Offices for ordinary offences, warders, migration officers, federal highway police, staff of the Office of the Attorney General of the Republic: administrative staff, federal Judicial Police and officials of the Federal Public Prosecutor's Office.
138. Police academy: An awareness-raising campaign has begun and will be aimed at all police officers in all State and federal forces. A pilot programme begun at the Police Academy of the State of Aguascalientes uses a training model which not only incorporates the subject of human rights within the curriculum, but relates all subjects taught to the human rights culture.
139. For example, security techniques require not only a knowledge of techniques for subduing and handling individuals and groups, weapons handling and physical training, but also a knowledge of the scope of the use of force in terms of time, technique and proportionality. These techniques must be learned concurrently with the other police techniques, and not as an academic subject having nothing to do with practical reality.
140. Prior to the current programme, the CNDH had prepared a "Police handbook" and a booklet, which were widely distributed among the various police forces.
141. Municipal Police and Preventive Police: Preventive and Municipal Police officers on active duty have begun receiving training in several states; the goal is to familiarize them with the basic principles of respect for human rights and to make them aware of the boundaries within which they must operate.
142. State Judicial Police officers: During the period covered by this report, training programmes have been conducted in cooperation with the State human rights commissions and the Government Procurator's Offices in the states of Hidalgo, Oaxaca, San Luis Potosí, Chihuahua, Tamaulipas and the Federal District. Programmes are also due to begin in the states of Veracruz, Yucatán and Quintana Roo. Three hundred and forty-two officers from the Public Prosecutor's Office and 693 Judicial Police officers were trained. Basic training focuses on the use of force and the problem of arbitrary detention, and also correct procedures for performing police duties.
143. Warders: The training of warders in various states has resumed under the theme "Human Rights in the CERESO" (Social Rehabilitation Centre), using basic questions such as "How are my rights violated within the CERESO?" and "In what way might I violate prisoners' rights?" This programme has received strong support from non-governmental organizations and the prisons themselves, and has also dealt with the specific problems of indigenous persons and the situation of women in prison. Training courses are also due to begin shortly at the Islas Marías penal colony.
144. Migration officers: Training of migration officers now includes a new programme as a result of a report published by the CNDH in April 1995, "Southern border: report on violations of immigrants' human rights. Training was given to 102 migration officers in the towns of Tapachula and Comitán in the State of Chiapas, bringing to 230 the number of officers trained in the states of Chiapas, Veracruz, Tabasco and Oaxaca.
145. In addition to being based on the findings and suggestions of the above-mentioned study, the training process was aimed at identifying the fundamental rights which migration officers must protect in the proper performance of their duties. It was also aimed at providing sufficient material for preparing a pamphlet to inform people without papers in Mexico of their rights and of the fact that they are entitled to receive decent treatment on Mexican territory. The pamphlet has been widely distributed in conjunction with the National Institute for Migration.
146. Federal Highway Police: A Federal Highway Police training programme began in the State of Nayarit with a workshop in which nearly 800 officers took part; one awareness-raising session has been held, comprising two themes: the dignity with which police officers should be treated as subjects of human rights, and the dignity with which they in turn must treat the public in order to meet the basic goal of respect for human rights.
147. Federal Judicial Police Officers: An awareness-raising programme has been completed, covering 1,975 staff of the Office of the Attorney-General of the Republic throughout the country, distributed as follows:
579 Federal Officers of the Public Prosecutor's Office;
746 Federal Judicial Police Officers; and
650 Administrative staff.
148. This training has been provided for serving staff at the various branches or offices where they work. The initial awareness-raising stage focused on three basic rights: life, dignity and liberty. Each right was analysed from two standpoints: that of public servants as subjects of law, and that of their dealings with the public when performing their duties as Federal Judicial Police officers.
149. Each session sought to harmonize the criteria for defining these basic principles and the system of ethics on which they are based, as well as their legal aspects and consequences, in order to rectify the lack of information relating specifically to questions such as torture, arbitrary detentions, use of firearms, and national and international legislation in force in Mexico.
150. Similarly, in response to requests by the public servants themselves, publications and information on human rights and topics requiring special attention have been distributed to all state branches of the Office of the Attorney-General of the Republic. Seminars have been conducted with the participation of the CNDH and the Training Institute of the Attorney-General's Office.
151. Advanced Military Training College: The CNDH has initiated courses in human rights in the training programmes of the Armed Forces Command and the Mexican Air Force, for senior and teaching staff as well as special courses for the Advanced Military Training College, for senior officers of the Mexican army and foreign fellowship-holders.
152. Course material includes an analysis of philosophical and ethical schools of thought, a chronology of the conceptual and legal development of human rights throughout the world, Mexican constitutional theory and international law, Mexican military legislation and humanitarian law, and the human rights instruments, with special emphasis on the institution of the Ombudsman and the procedures of the CNDH. Four hundred and forty senior officers took part in these courses in 1995.
153. To fulfil its goal of promoting the human rights of persons held in prison establishments, the CNDH has published the following:
The reality of Mexican prisons (1993);
Security and custody instruction manual (1993);
154. Office of the Attorney-General of the Republic: The Office of the Attorney-General of the Republic has conducted various in-house activities aimed at the dissemination, teaching and promotion of human rights through training courses, prevention programmes targeting vulnerable groups, publications and the preparation of materials. These ongoing and regular activities have brought about a sharp decrease in the number of complaints of torture, as reflected in the latest report of the CNDH.
155. The objective of the current human rights training programmes of the Training Institute of the Attorney-General's Office is to raise the quality of the work performed by officers of the Federal Public Prosecutor's Office and by Federal Judicial Police officers.
156. In 1995, the Office's Internal Control Unit not only took various measures aimed at punishing public servants who contravened the law, but established an ongoing human rights training programme for Office staff with a view to increasing the efficiency of the administration of justice and its conformity with the law, in keeping with its responsibility towards society.
157. In recent years the Attorney-General's Office has made a compendium of various national and international human rights instruments in force in Mexico with the aim of publishing a single text containing all the legislation on this subject for distribution to officers of the Federal Public Prosecutor's Office and to staff of the Attorney-General's Office in general. The purpose is to provide them with reference material that will enable them to perform their duties with strict adherence to the law and avoid at all times acts which may be considered to be violations of fundamental human rights.
158. Ministry of National Defence: The Ministry of National Defence conducts courses aimed at raising the level of professionalism of public servants involved in the custody and treatment of anyone under arrest, detention or imprisonment.
159. It should also be mentioned that staff of the Military Justice Service have attended various human rights courses and received diplomas. The courses were organized in conjunction with the Autonomous National University of Mexico and the Mexican Academy of Human Rights to enable them to continuously update their knowledge of this subject; the knowledge acquired is passed on to other military personnel through seminars and lectures.
160. The following are among the many handbooks, manuals and instructions, published by this branch of the Federal Executive:
161. It is important to note that the latter two publications are based on the Geneva Convention and the Hague Conference. Likewise, the training guidelines, programmes and general syllabuses of the army and air force units, branches, facilities and schools include material on the teaching and observance of human rights and compliance with the Federal Act to Prevent and Punish Torture.
162. Ministry of the Interior: The training of prison personnel constitutes the chief means of achieving the minimum quality standards set out in the strategies and courses of the National Development Plan 1995-2000, which views public security as a right of every individual and a service to society. The regular staff of the national prison system comprise approximately 30,000 people, including administrative, technical and security staff and warders.
163. In 1991, the National Institute of Penal Sciences provided training for the staff of No. 1 Federal Social Rehabilitation Centre in Almoloya de Juárez (Estado de México) for extremely dangerous prisoners, the first such centre in the country.
164. The National Prison Training Institute (INCAPE), a division of the Directorate-General of Prisons and Social Rehabilitation Centres in the Federal District, is currently organizing the selection and training of staff working in prisons in Mexico City.
165. Another important undertaking at the national level is the National Prison Training Programme (PRONACAP), a programme of the Ministry of the Interior's Under-Secretariat for Civil Defence, Prevention and Social Rehabilitation, which is responsible for training the staff of prisons throughout the country. There are also projects in a number of states, such as the Estado de México, which runs a continuing education and pre-recruitment training programme.
Conditions and procedures for provision of medical care, in particular psychiatric care, detention in psychiatric hospitals, measures taken to prevent abuses, and remedies available to prisoners
166. Information on this question is to be found in the following regulations and codes:
Legislation and practice governing experimentation on human beings, and control mechanisms in force for ensuring free consent and guaranteeing that persons incapable of expressing their consent are not subjected to such experimentation
167. The information provided in the previous report remains valid. There are as yet no legal regulations governing the practice of cloning.
Legal measures or practices adopted to prevent and combat all situations in which one person is forced to become dependent on another, as in cases of prostitution, drug-trafficking, psychiatric abuse and other similar forms of servitude and exploitation, whether involving a public authority or merely private individuals
168. Article 2 of the Constitution stipulates that slavery is prohibited in Mexico:
169. Likewise, the Criminal Code for the Federal District stipulates the following in connection with contemporary forms of slavery: