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(Europa Country Perspectives) Wil G. Pansters, Benjamin T. Smith, Peter Watt - Beyond The Drug War in Mexico - Human Rights, The Public Sphere and Justice-Routledge - Taylor & Francis Group (2018)
(Europa Country Perspectives) Wil G. Pansters, Benjamin T. Smith, Peter Watt - Beyond The Drug War in Mexico - Human Rights, The Public Sphere and Justice-Routledge - Taylor & Francis Group (2018)
Contesting Spain?
The Dynamics of Nationalist Movements in Catalonia and the
Basque Country
Edited by Richard Gillespie and Caroline Gray
Edited by
Wil G. Pansters, Benjamin T. Smith and
Peter Watt
First published 2018
by Routledge
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and by Routledge
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© 2018 Wil G. Pansters, Benjamin T. Smith and Peter Watt for selection and
editorial material and Routledge for other content
The right of Wil G. Pansters, Benjamin T. Smith and Peter Watt to be
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Introduction: Beyond the drug war: the United States, the public
sphere and human rights 1
WIL G. PANSTERS, BENJAMIN T. SMITH AND PETER WATT
PART I
Securitization, militarization and human rights 31
1 U.S. pressure and Mexican anti-drugs efforts from 1940 to 1980:
Importing the war on drugs? 33
CARLOS A. PÉREZ RICART
PART II
The public sphere and the press under siege 95
4 Violence, co-optation and corruption: Risks for the exercise of
journalism and freedom of expression in Mexico 97
ARMANDO RODRÍGUEZ LUNA
vi Contents
5 State of denial: Crime reporting and political communication
in Sonora 111
VÍCTOR HUGO REYNA GARCÍA
PART III
Justice and reconciliation from below 147
7 Beyond disorder and the Constitution: Thinking about the law in
regions of violence (the case of Cherán) 149
ERIKA BÁRCENA ARÉVALO AND ORLANDO ARAGÓN ANDRADE
8 Combing history against the grain: The search for truth amongst
Mexico’s hidden graves 164
CAROLINA ROBLEDO SILVESTRE
Index 185
List of tables
This book is the product of three workshops held in the USA, Mexico and
the Netherlands between 2015 and 2016. They concerned the war on drugs in
Mexico and its links to US–Mexican relations, journalism and the public
sphere, and impunity and justice. The guiding principle of the workshops was
to go beyond the narration of inter-cartel violence and look at the broader
social effects of over a decade of conflict. They brought together scholars and
activists from diverse disciplines, countries, and perspectives.
The workshops would not have been possible without the assistance of
diverse institutions and funding bodies. Most importantly, we would like to
thank the Arts and Humanities Research Council of the United Kingdom
that provided the basic funds for the three workshops.
We would also like to thank the institutions which helped to host and sup-
port the workshops. These included the Mexico Institute, Woodrow Wilson
Center for Scholars in Washington, DC, Freedom House (Mexico), Colectivo
de Análisis de la Seguridad con Democracía, El Colegio de la Frontera Norte,
Stichting Hester, Peace Brigades International, Institute of the Americas
(University College London), and University College Utrecht.
We would also like to thank the staff at Warwick and Utrecht Universities
who organised much of the logistics surrounding both the grant and work-
shops. Special thanks should go to Kootje Willemse, David Duncan, Liese
Perrin, Katie Klaassen, Mark Philp, and Tracy Smith.
Finally, we would like to thank all those scholars, activists, and journalists
who attended the events, enriched the discussion, and shaped our thinking on
these vital issues. Special thanks must go to Duncan Wood, Mariclaire
Acosta, Raúl Benitez, Arsene van Nierop, Sister Consuelo Morales, Ioan
Grillo, Duncan Tucker, Julio César Márquez, Daniel Gerschenson, Father
Mario Campos, Romain Le Cour Grandmaison, Edwin Koopman, Laura
Alvarez, Paul Eiss, Javier Garza, Nina Lakhani, José Brambila Ramírez,
Julián Cardona, and Thom Rath.
Abbreviations and acronyms
The president continues to think that he is the only one who has con-
fronted drug traffickers without fear, when the true narco leaders are
calmly sitting untouchable in their mansions, while in the streets a lost
war is waged by a police and military bought by the drug traffickers
where the cannon fodder are thousands of disposable youths that end
their lives in prison or in the cemetery.
(Valdez Cárdenas 2011: 214–215)
Mexico has at the very least 26,000 missing people, with new cases
occurring every day. The amount of misery attached to that statistic is
impossible to comprehend. The failure of the police, of the justice system
18 Wil G. Pansters, Benjamin T. Smith and Peter Watt
to clarify the whereabouts of the victims and what happened to them, and
above all of successive governments and the political system as a whole to
stop these crimes is not just regrettable, it is deeply tragic.
(Ra’ad Al Hussein 2017)
Conclusions
The essays brought together in this volume offer lessons for their individual
subject areas. They show that the drug war has broad and deep consequences
in the fields of policy, international relations, the public sphere and the pro-
vision of justice. Taken together the essays also shed light on the increasingly
negative consequences of the drug war on the consolidation of anything
approaching democratic governance in Mexico. As such, they complement
and complicate political and social processes that seriously challenge
democratic consolidation. Already a decade ago, it was suggested that parti-
cular socio-political realities rather than formal institutional arrangements
formed obstacles for democratic accountability and policy output. Despite the
reorganisation of electoral institutions and broader political liberalisation, the
undue influence of informally powerful interest groups, including business
elites, public sector unions, and partisan groups, mediated and even captured
the relations between citizens and political leadership. As a result, special
interests subverted democratic processes and undermined the quality of public
policies (World Bank 2007).
More recently, however, studies have also pointed at contradictions in
Mexico’s post-transitional institutional arrangements, as a consequence of
political liberalisation. How can we assess the situation and its current evo-
lution? At the beginning of the twenty-first century, an oft-quoted UNDP
report (2002) stated that many countries were facing the central challenge of
deepening democracy through the building of key institutions that would
enhance and consolidate democratic governance. The report broke down
democratic governance as follows: a system of representation, with well-
functioning political parties and interest associations; an electoral system that
guarantees free and fair elections; a system of checks and balances based on
20 Wil G. Pansters, Benjamin T. Smith and Peter Watt
the separation of powers; a vibrant civil society; a free, independent media;
and effective civilian control over the military. These institutional indicators
make clear that democratic governance is not merely a question of citizens
being able to participate in regular elections. Democratic governance is as much
about access to as about exercise of power, which requires ‘a deeper process of
political development to embed democratic values and culture in all parts of
society’ (UNDP 2002: 4).
While this is not the place to examine the quality, fairness and efficacy of
Mexico’s electoral and partisan system, as well as its system of checks and
balances, it is important to identify the risks, fractures and contradictions that
have emerged in the context of Mexico’s political liberalisation and transition.
Merino’s analysis of electoral reforms uses the notion of a hybrid regime ‘with
a mix of democratic and authoritarian elements as a condition of its stability
and permanence’ (2009: 244). The dismantling of the political homogeneity
typical of the PRI-regime, for example, has generated new institutional
‘autonomies’, which in recent years have led to political gridlock (between
executive and legislative powers), and above all to an unprecedented increase
in the political and financial power of Mexican governors. Spectacular cases
of state-level corruption, financial mismanagement and repression – the cases
of Veracruz, Chihuahua, Tamaulipas, Puebla, Coahuila and Oaxaca come to
mind – are deeply destabilising Mexico’s chances of democratic governance
(Pansters 2013; Hernández Rodríguez 2008). Piñeyro observed that these
developments were already creating spaces for both regional political cliques
and criminal groups to build networks of complicity and corruption (2004:
168–170).
What this volume makes clear is that in addition to these social and poli-
tical forces, actors and institutional ruptures, the war on drugs generates
another layer of threats that undermines the deepening of democratic gov-
ernance in Mexico. The diversification of organised crime, militarisation, and
persistent violence and insecurity directly affect the party system and elec-
tions, especially at the local and regional levels, as a result of corruption and
obscure campaign financing. The numerous killings of candidates for local,
regional and even federal office provide sufficient evidence for that. The
degree to which law enforcement agencies have been involved in drug-
financed corruption scandals and the protection of elite actors does little to
strengthen the system of checks and balances. They also undermine demo-
cratic governance more indirectly through the violent onslaught on social
organisations, and the weakening of societal trust and state legitimacy. This is
what the Acapulco priest had in mind when he spoke of a ‘sick society’.
During the last decade, exacerbated violence against journalists gravely con-
strains safeguarding free and independent media. In certain parts of the
country it has effectively silenced them. Even if the Mexican armed forces are
operating under civilian control, their increased political significance and
budgets, public visibility, and practical domination of the country’s police
forces have reshaped civil–military relations. Administrations that increasingly
Introduction 21
depend on the armed forces to govern and guarantee a sense of order are
more likely to yield to their interests. As ‘militarization became a prop for
government legitimacy’, it can be expected that human rights violations by
the army have become a price worth paying for security (Kenny et al. 2012:
221, 212).
In fact, as this volume makes abundantly clear, human rights abuses and
impunity connect all of these phenomena. This puts the question of the rule
of law as a key condition for the deepening of democratic governance and
legitimate authority at the centre of attention. It cannot come as a surprise
that diverse groups and initiatives from below have emerged across the coun-
try, often against all odds, oriented to achieving a sense of justice, security
and truth-telling on their own. Although some of these initiatives possess a
‘democratising potential’, for the moment the forces that undermine the rule
of law outweigh those from below. Taken together, we subscribe to the idea
that it all adds up to an authoritarian reconfiguration of the Mexican state
(Kenny et al. 2012: 200).
Finally, the profound social, political and cultural consequences beyond the
‘war on drugs’ itself have long-term costs. The moving and shocking doc-
umentary Narcocultura (2013) opens with a scene with a few small boys
standing in front of the high fence that separates Mexico from the USA. One
of them murmurs that he has heard that people over there live safely and that
no people are murdered. The narcos are on the Mexican side of the border.
The scene ends with the boy sighing ‘ojalá que ya no hubiera matanzas aqui ’
(‘hopefully there will be no more massacres here’). In the next shot, the viewer
is placed in the midst of a lethal incident of violence, replete with sirens and
crying women. The camera zooms in again on three boys seated on the hood
of a car. Apparently untouched, they talk about how an uncle of one of them
was killed. They speak as if the violence is from a movie, not real and as if it
had just taken place on their street. This is the impression with which with the
viewer is left, far removed from the boys’ reality. The viewer is startled by the
words and manner of the little boys. The first scenes of this extraordinary
documentary draw attention to the perspective of children on the violent
events in Mexico. Although it tells the stories of a forensic medic in the
country’s most dangerous city at the time, and that of a young Mexican-
American singer who writes narcocorridos, the documentary constantly asks
the question of what all this means for a country and its people. Again and
again children or youngsters appear who gaze at all sorts of atrocities with
questioning eyes, or rather seem to experience them as mere daily events.
These children remind us of the long-term and tragic effects of the war on
drugs.
Notes
1 The phrase refers to Culiacán artist Teresa Margolles’ shocking work ( ¿De qué
otra cosa podríamos hablar?) presented at the 2009 Venice Biennale.
22 Wil G. Pansters, Benjamin T. Smith and Peter Watt
2 See interview with Eduardo Medina Mora in Emeequis, 9 October 2006, p. 29.
3 President Fox (2000–2006) had made similar overtures.
4 For detailed reports about the militarisation on the major cities along the US–
Mexican border in the first months of 2008, see Proceso, 30 March 2008, pp. 6–20.
5 For example, between 2008 and 2009 the budget of the Ministry of Public Security
increased from almost 20 mil millones de pesos to 33 mil millones de pesos (Carrasco
Araizaga 2008: 10) ‘El poder’, p. 10.
6 For an early analysis of this trend see Doyle (1993). Artz (2007) has examined the
militarisation of the Procuraduría General de la República (PGR). See also Sierra
Guzmán (2003) and Zavaleta Betancourt (2006).
7 For an early and interesting analysis of the policy continuities between Calderón
and the PRI government of Peña Nieto, see Hope (2013).
8 They include STRATFOR, the Center for Strategic and International Studies, the
Mexico Institute at the Woodrow Wilson Center, and the Instituto para la Segur-
idad y la Democracia (Insyde), the Consejo Ciudadano para la Seguridad y la
Justicia Penal and the Instituto para la Acción Ciudadana in Mexico.
9 For an exploration of the concept of the cartel in the Colombian setting see
Kenney 2008. For an interesting reappraisal of the Guadalajara cartel, see Bartley
and Bartley 2015.
10 Although the national homicide rate is on the slide, some US cities have recently
experienced murder rates commensurate with those in Mexico. In 2015 murder
rates in Baltimore, St Louis, New Orleans and Detroit were over double the Mex-
ican national average or over 40 per 100,000. In Mexico, only murder rates in
Acapulco, Culiacán and Tijuana were similar. See: www.worldatlas.com/articles/m
ost-dangerous-cities-in-the-world.html
11 A recent announcement by the Peña Nieto government that it has captured (or
killed) 106 of its list of 122 ‘primary targets within organized crime’ is evidence that
the kingpin strategy is still a leading element in counternarcotics policy. See: www.
milenio.com/policia/capturados-objetivos_prioritarios-pgr-delincuencia_organizada
-narcotraficante-milenio_0_952704740.html
12 For Mexico’s historical record on the discrepancies between publicly professed
principles, particularly in the international arena, and realities on the ground, see
Keller 2015.
13 Compare the CPJ estimates, which only admit journalists that were proven to be
killed for their work, with the Article 19 estimates, which claim that 103 journalists
have been killed since 2000. See: https://www.amnesty.org/en/latest/news/2017/03/m
exico-open-season-on-journalists-as-third-reporter-killed-in-a-month/
14 For an excellent discussion of crime news and the war on drugs, see Hernández
and Rodelo 2010. For a historical discussion of the political and social role of the
crime news, see Piccato 2014.
15 Goldstein’s (2004) work on Bolivia and Snodgrass Godoy’s (2006) on Guatemala
provide important insights in understanding some of the dynamics associated with
lynching as a form of community justice.
16 The UN International Convention for the Protection of All Persons from Enforced
Disappearance, signed by Mexico in 2008, considers enforced disappearance ‘to be
the arrest, detention, abduction or any other form of deprivation of liberty by
agents of the State or by persons or groups of persons acting with the authoriza-
tion, support or acquiescence of the State, followed by a refusal to acknowledge
the deprivation of liberty or by concealment of the fate or whereabouts of the
disappeared person, which place such a person outside the protection of the law’.
See www.ohchr.org/EN/HRBodies/CED/Pages/ConventionCED.aspx, consulted 13
January, 2017. Mexico also ratified the similar OAS mechanism, the Inter-American
Convention on Forced Disappearance of Persons.
17 Robledo, ‘Combing history against the grain’, p. 13.
Introduction 23
18 Though this has been downplayed by the Tamaulipas government, it still seems the most
plausible explanation and one foreseen by Rodríguez herself. See: www.eluniversal.
com.mx/articulo/estados/2017/05/12/me-van-matar-un-dia-decia-miriam-rodriguez,
consulted 23 May 2017.
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Introduction 29
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Part I
Securitization, militarization and
human rights
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1 U.S. pressure and Mexican anti-drugs
efforts from 1940 to 1980
Importing the war on drugs?
Carlos A. Pérez Ricart
This chapter looks at the relationship between the United States and Mexico
and the ‘war on drugs’ from 1940 to 1980. During this period, the United
States, in particular its drug agencies, deployed a series of pressurizing
mechanisms which shaped drug policy in Mexico, where the state developed a
policy remarkable for its strong prohibitionist and punitive dimensions.
However, this would not have been possible without the combination of two
endogenous factors: the existence of a tradition of low tolerance regarding the
use of psychoactive substances and the assimilation of the ‘war on drugs’
rhetoric by Mexican state officials for the purpose of reaping political and
bureaucratic benefits.
The United States played a fundamental role in shaping Mexican drug
policy. Despite the consensus on this matter (Smith 2016; Toro 1995; Toro
1999; Astorga and Shirk 2010; Walker III 1978), there is less clarity con-
cerning the mechanisms used to achieve this, the actors and specific organi-
zations inside the bureaucracy which participated in this process and the way
U.S. guidelines were assimilated and applied in Mexico. Contributions to
those three core issues will be presented throughout this chapter. Based on
evidence available in federal archives, it seems that the U.S. combined tech-
niques of coercion and persuasion – a dimension often neglected by the bib-
liography. Regarding the actors, I point to the relevance of the U.S. drug
agencies as autonomous organizations whose policies towards Mexico were
not always consistent with the general politics of the country’s central powers.
Often, links between specialist domestic officials and peer-to-peer ties shaped
bilateral relations and decision making more than official rhetoric (Raustiala
2002).
Though U.S. pressure was crucial, drug policies in Mexico were well rooted
in a repressive tradition. At the beginning of the twentieth century, attacks on
opium use were linked with racist discourse against Chinese communities in
the north of Mexico. Likewise the traditional consumption of plants and
mushrooms by indigenous communities was stigmatized (Labate and Cavnar
2016). Similarly, Isaac Campos has recently shown how, in the last years of
the nineteenth century, the Mexican press had already associated the use of
marijuana with criminal acts and insanity. Recreational marijuana was neither
34 Securitization, militarization, human rights
a casual nor a traditional part of Mexican life (Campos 2012: 226). In fact,
quite the opposite was true. The negative representation of drug use, as well
as punitive practices, were well established in the region.
To understand the punitive and prohibitionist dimension of drug policy in
Mexico, it is necessary to understand how local actors reinterpreted foreign
ideas to consolidate their own political and economic power. Although it is
true that by constraining the option of alternatives the United States defined
the general paradigm of drug policy in Mexico, state and federal police
forces, the governors and the attorney general (Procuraduría General de la
República, PGR) had a lot of scope for ‘framing’, ‘grafting’ and ‘pruning’ the
war on drug discourse into specific policies (Acharya 2004). In many ways,
the ‘war on drugs’ provided core actors in the field of law enforcement with
the possibility of gaining bureaucratic autonomy and an expansion of their
functions – two elements that, according to most assumptions, are desirable
for any state organization (Carpenter 2001; Downs 1967; Wilson 1989). This
explains, at least partly, why public policies which had shown serious defi-
ciencies from the start were met with little resistance from the governing
elites. Finally, the chapter addresses the means by which the Mexican gov-
ernment exercised the punitive and prohibitionist policy proposed by the U.S.
to advance its process of nationalization and centralization in regions ‘in the
margin of the state’ (Das and Poole 2004).
This chapter examines how the ‘war on drugs’ began decades before
Felipe Calderón announced his campaign in December 2006 and long before
Richard Nixon did the same in 1973. The ‘war on drugs’ – which should
be understood here as the implementation of a set of policies characterized by
their punitive and militarized dimension, whose final goal is to break the
economic chain which links the points of production with those of drug con-
sumption – has its historical roots in the beginning of the twentieth century
and was institutionalized as state policy concurrently with the process of state
centralization occurring in Mexico in the early 1940s. Although this develop-
ment was not entirely uninterrupted, its continuity is manifest enough to
explain the key elements of today’s war on drugs in Mexico.
Weapons to defend the men who will set out to fight the decisive battle,
portable machine guns, planes equipped with six machine guns, capable
of firing off 30 shots per minute each, and radio transmission systems will
be used in this campaign.
(El Siglo de Torreón 1948)
Although surely there must have been some opposition from local leaders
advocating alternative solutions, the newspapers of the time register mostly
voices supporting the eradication campaigns. Notably, the Medical Associa-
tion for the Struggle against the Vice of Opiates (Asociación Médica de
Lucha contra el Vicio de las Drogas Heroicas) lobbied at the Senate for fur-
ther measures against ‘illicit, immoral and criminal’ drug traffic (Padilla
Ordoñes 2010: 100), a demand which was supported by various members of
Sinaloa civil society.
40 Securitization, militarization, human rights
For this endeavour, Mexican officials announced a 2-million peso budget
(DeLagrave 1947a), which included a modernization plan for equipment such
as planes, jeeps and radio systems. It dwarfed previous operations and prob-
ably indicates why some historians consider that poppy and marijuana eradi-
cation in Mexico began only in that year. Officials employed fifty anti-drug
agents to run the campaign and appointed an officer who had already worked
hand-in-hand with FBN agents, Rafael Palomar Madrazo, to head the effort
(Gaston 1943). Palomar’s designation marked a new system of appointing
officers in charge of drug policy. Those who would from now on be appointed
to hold senior anti-drugs positions had at least to pass through an informal
veto process by the U.S. authorities. Under this system, for example, after
Palomar’s death in a plane accident, Everardo Aceves Águilar was nominated
leader of the anti-narcotics police, another important contact of the FBN in
Mexico (Cauchon 1948).
The 1948 campaign brought another change. That year, the PGR rather
than the PFN took exclusive control of the campaign. Under the leadership
of Palomar, the federal police (Policía Judicial Federal, PJF) formed nine
different groups in the four states where the campaign was conducted: Dur-
ango, Sinaloa, Sonora and Chihuahua. By contrast, in 1947 only two groups
of federal police officers had been organized (Procuraduría General de la
República 1948). The 1948 statistics presented to the CND by Mexico were
convincing: 663 plantations had been eradicated, 2,884 individuals had been
arrested, 100 kilograms of opium gum had been confiscated and 1,600 kilo-
grams of marijuana (Commission on Narcotic Drugs 1948: 530). Had the
campaign brought the desired results? At least from a U.S. perspective there
were reasons for optimism: the prices for prepared opium produced in Mexico
rose substantially and the FBN reported a reduced availability of drugs in the
U.S. (U.S. Bureau of Narcotics 1949: 12).
However, a cost–benefit analysis based in Mexico presented a different
picture. Here drug campaigns had achieved very little because home-grown
drug consumption was so slight and limited to a small section of the Chinese
population and a handful of marijuana smokers. Even the FBN admitted that
the consumption of marijuana was ‘not in the least a problem in Mexico’
(Siragusa 1959). Such facts highlighted the ongoing paradox of Mexican drug
prohibition, which saw annual anti-drug budgets rise despite extremely low
addiction rates. At the same time, campaigns principally targeted poppy
growers who even the prohibitionist press admitted were ‘poor people
deprived of any fortune, ignorant, humble and unable to defend themselves’.
In contrast ‘their exploiters’ – the traffickers and their political protectors –
were barely touched (El Diario de Culiacán 1949). As a public policy its
impact could scarcely be justified. So what were the motivations for the
Mexican government to enforce this kind of policy?
The first factor was the international pressure on Alemán which was led by
Anslinger and the FBN, who suspected that those close to Alemán, including
members of his recently founded secret police force, the Dirección Federal de
Importing the war on drugs? 41
Seguridad (DFS) were trying to monopolize the Mexican drug trade. Just
before Alemán took power, the nephew of the head of one of the branches of
the DFS, Juan Ramón Gurrola, was arrested in the U.S. for trying to cross
the border with opium valued at $35,000–40,000. What was worse, he was driv-
ing the Cadillac of Senator Carlos I. Serrano, the de facto head of the DFS
(Peña 1947). Perhaps one can interpret the eradication campaign as a way of
deflecting attention away from the ‘grey zone pacts’ between government
agents and drug dealers (Smith 2016).
The second factor was the internal problem of the Mexican army. Alemán
was the first civilian president of the post-revolutionary period and faced
repeated threats of military revolt. The participation of the army in the
eradication campaigns served as a containment measure and occupation
for a force potentially troublesome to the central power. Although officially
it only ‘provided human resources for the deployment’ of such campaigns
(Treviño Ríos 1962) the truth is that its role went beyond that: together
with the PGR it coordinated the deployment of the campaign’s resources.
And in the late 1940s it established permanent troops and barracks on the
border between Sinaloa and Durango (Procuraduría General de la
República 1949). At the same time the eradication campaigns were a way
of granting the military’s high-ranking officials potential means of obtain-
ing wealth and territorial power. It is unnecessary to speculate about the
military leadership’s interest excessively: its participation in the campaigns
provided opportunities to get involved directly with the drug trade or to
charge certain groups for protection. In both cases large incomes were secured
which would otherwise go to other social actors, among them the regional
elites (Smith 2013). Throughout the period, one of the major tensions in
the sphere of drug policy would develop between officials of the PJF, the DFS
and the army, all of them vying for control of law enforcement on the ground.
Under these circumstances, it was hard to expect any of those institutions
to express doubt about the cost–benefit relationship of the eradication
campaigns.
Finally, the central government had an interest in extending its authority in
regions where it maintained only a partial or minimal presence, or, as Salva-
dor Maldonado Aranda puts it, in areas which were ‘peripheral, indomitable
and indolent’ and where shared sovereignties questioned the monopoly and
legitimacy of the national state (Maldonado Aranda 2012). The eradication
campaigns were one more tool of government in regions where central
authority had either not been imposed entirely or was questioned by various
social actors. During the 1940s and 1950s the main fear was not dissident
groups outside the state apparatus; it was the insubordination of the gov-
ernors and other state actors, who did not entirely align themselves with the
central government – a concern frequently undervalued in academic litera-
ture and a subject raised by new discussions on the shaping of the Mexican
state in the twentieth century (Pansters 2012).
42 Securitization, militarization, human rights
The road to militarization: the PGR and its bureaucracy
The criminalization of addiction by the Federal Regulation on Drug Addic-
tion of 1931 and the campaigns of 1947 and 1948 paved the way for the
empowerment of the security institutions involved in the war on drugs. In
addition, new perverse institutional incentives now perpetuated the punitive
paradigm. The PGR was at the centre of this process. In 1948, the aeroplanes
and helicopters used in the eradication campaigns were still borrowed from
the armed forces by the federal police. The PGR did not have its own fleet of
aircraft yet, a situation that caused it a series of problems, including its
inability to coordinate the campaigns alone. Thus, even though international
criticism was directed at the PGR, the institution often replied that it was
handicapped by a lack of resources.
The PGR’s push for greater resources dovetailed with Anslinger’s own
designs, so that he successfully lobbied U.S. companies to sell the PGR its
first planes at a reduced price (Anslinger 1948). In addition, Anslinger
sought – on his own initiative and without being asked by the Mexican
attorney general – to arrange, on behalf of Mexico, the purchase from the
Bell company, of helicopters properly equipped for herbicide spraying (Frank
J. Morris 1948). Anslinger’s intervention resulted in the creation of a division of
Aerial Services (Servicios Aéreos) inside the PGR in late 1948, which marked
the beginning of ‘the path towards operative-aerial emancipation from the
SEDENA’ (Carvente Contreras 2014: 166). As part of its bureaucratic logic, the
PGR aimed to emerge from beneath the army’s shadow: accepting U.S. policy
could mean a unique opportunity; not only would it help the PGR achieve its
ambition of becoming the leading organization in the war on drugs (ahead of
the increasingly limited PFN), but it would also enable it to strengthen itself
against a powerful Mexican army that had eclipsed every other state security
institution since the victory of the Revolution. In this sense, it is no exag-
geration to say that the eradication campaigns worked as a mechanism to
undermine the army’s monopoly of power.
During this period, the Aerial Services division was the pampered depart-
ment of the PGRwhen it came to the transfer of resources from the United States.
Although it is true that the process required several decades and was not free of
interruptions, the PGR gradually became the key recipient of money and
resources from the U.S. In 1961, for example, the PGR received flame-throwers,
helicopters, jeeps and firearms, as the result of an agreement negotiated between the
International Cooperation Administration (ICA) and the Mexican government
(U.S. Embassy in Mexico 1961). The project, which had Anslinger’s full sup-
port, involved an investment of nearly half a million dollars by the ICA and
the training of mechanics and pilots in the U.S. (Flues 1961). It was agreed
that the U.S. would not make the existence of the contract public without
previous authorization from the Mexicans (Salter 1962), demonstrating the
tension between the rhetoric and the defence of national sovereignty, and the
fact that, by that time, drug policy was already set on a bi-national stage.
Importing the war on drugs? 43
In the following years, more helicopters and aeroplanes were delivered to
Mexico, as requested by the PGR (Siragusa 1963). Between 1961 and 1967,
Mexico received a total of $627,000 worth of anti-drug equipment as part of
the same project (around $4.5 million in 2016 terms). Besides the endowment
of aeroplanes, weapons, helicopters and automobiles, the United States also
trained PGR recruits. During the 1960s, they trained thirty-one Mexicans,
nineteen in the International Police Academy in Washington, DC, one in
Panama, and eleven in other police academies (Sarikadis and DeSonia 1972).
How did the arrival of American equipment affect the structure of the PGR?
The most important repercussion of these measures was of a symbolic nature.
However, given the budget available at the time, these materials definitely
strengthened the eradication campaigns and helped the PGR reduce its
dependence on the army. At the same time, two of the most important events
that took place in the 1960s, namely the creation of the PDR’s Office for the
Control of Narcotics and Other Dangerous Drugs (Oficina de Control de
Estupefacientes y otras Drogas Peligrosas) in April 1965 and the inauguration
of its Training School (Escuela de Capacitación) in January 1964, should be
read in the light of U.S. backing, and of the now nearly monopolistic role of
the PGR in the field of drug policy.
Conclusion
I have examined in this chapter three key episodes of open confrontation
between the United States and Mexico relating to the war on drugs. The first
was the struggle over the radical Reglamento Federal de Toxicomanías of
1940. The second concerned the increase in eradication programmes in 1947.
And the third concerned the closure of the U.S.–Mexican border with
Operation Intercept in 1969. In all three cases the Mexican government
rapidly defused any conflict: the regulation of 1940 was suspended within six
months of its coming into existence; a substantial eradication campaign was
implemented in 1948; and, starting in 1970, the way was cleared for aerial
eradication programmes spraying herbicides, and for the largely unregulated
presence of DEA agents in Mexico. These three cases reveal the limits to the
Mexican government’s autonomy in developing a drug policy: such points of
contention led to threats of medication embargos (1940), criticism at international
summits (1947) and the closure of borders (1969).
Although the United States was very influential in the design, imple-
mentation, execution and evaluation of drug policy in Mexico, it is important
to emphasize that complex and long-term state policies do not work when
imposed or merely exported by hegemonic countries. In Mexico local actors
and structures managed to interpret and adapt the demands made by the
United States to further their own interests. Understanding the process of
policy appropriation is key to comprehending why a flawed policy like the
war on drugs continues to find considerable support within the Mexican
government.
The war on drugs acted as a means by which the state expanded its
authority across the country. The photo cameras attached to the helicopters,
the systems for identifying crops, the newly acquired radio systems, the
expansion of border controls, and the permanent campaigns in the mountains
and in regions with limited statehood are elements which permitted the state
to show its presence – an outcome that could not be guaranteed either today
or during the period studied. Similarly, it has been pointed out that the war
against drugs originated and was designed in the context of support by an
indulgent civil society and a conservative press: something not too far from
the circumstances in which Felipe Calderón’s strategy was designed in 2006.
Ultimately, the United States financed, pressed for and endorsed an intol-
erant and repressive drug policy in Mexico. However, it was not an imposi-
tion. The punitive paradigm could not have been applied in Mexico had
Mexican policymakers not seen the competitive advantages offered to them
48 Securitization, militarization, human rights
by the policies proposed, and if those policies had not reflected traditional
Mexican attitudes, which regarded narcotics as substances which had brought
about racial degeneration long before the war on drugs began.
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2 Mexico
A humanitarian crisis in the making
Mónica Serrano
This chapter examines the changing nature of drug related violence in Mexico
and provides a framework for an interpretation of the country’s human rights
crisis. Three main points are pertinent to the arguments developed here. First,
while it is certain that President Felipe Calderón (2006–2012) declared a war
on drugs and drug trafficking, the actual militarisation of drug policy long
preceded his administration. Second, drug related violence accelerated under
the Calderón administration but had already erupted during the government
of Vicente Fox (2000–2006). Third, the context in which human rights
violations take place and in which international human rights law and
international humanitarian law operate in practice is hugely important in
understanding the nature of the current drug war.
Calderón’s choice of anti-narcotics policy and drug enforcement played a
key role in exacerbating criminal violence. The analysis that follows provides
some insights into the strengths and weaknesses of the main arguments that
have been advanced to explain the violent crisis engulfing Mexico. It looks at
the scale, character and nature of the violence that followed Calderón’s mas-
sive deployment of troops, ostensibly to fight organised crime, as soon as he
took power.
(b) The Sinaloa cartel’s march eastward: the battle for Juárez
Having established a foothold in the Tijuana–San Diego corridor, the ascen-
dant Sinaloa cartel pushed turf war violence eastwards. As in Baja California
and Tijuana, for over a decade in Chihuahua a pax mafiosa agreed by the
Juárez/Chihuahua cartel, and firmly anchored in police protection, had sur-
vived. Thus, between 1984 and 1993 the homicide rate in Ciudad Juárez, the
organisation’s main gateway into the US, had remained fairly stable at around
8.6 per 100,000 inhabitants. However, by the end of 1991, the assassination of
Victor Manuel Oropeza, a journalist who had exposed the links between local
police and drug trafficking, set off the first alarms. With 134 murders regis-
tered in the city in 1991, El Norte de Ciudad Juárez described 1991 as one of
the most violent years in the history of Juárez (Molloy and Bowden, 2011:
20–21). Additionally, in April 1993, the killing of Rafael Aguilar Guajardo, a
founder of the Juárez cartel and an ex-regional head of the DFS, together
with the subsequent murder attempt on the man thought to be responsible,
drug lord Amado Carrillo, were obvious symptoms of rising criminal com-
petition (Gutiérrez 1993; de Mauleón 2001; Villalpando and Castillo 2005;
Pérez Espino and Páez Varela 2009). The impact of these events on the extra-
legal peace enforced by the Juárez cartel in Ciudad Juárez manifested itself in
a sudden surge in the city’s homicide rate and the first appearance of an
apparently systematic femicide. In 1994, following the discovery of one of the
first female bodies, El Diario de Juárez called attention to a pattern linking a
series of female killings from 1993 to 1996 (Alvarado Alvarez 2009).
The unexpected death in 1997 of Amado Carrillo, ‘el señor de los cielos’,
opened a further phase of chronic infighting. Internal strife among criminal
gangs and political instability at local and state levels intensified competition
for the control of drug trafficking, a trend reflected in the doubling of the
state’s annual total homicide figure, from 306 in 1990 to 648 in 1997, and the
discovery of the first mass graves in 1999. Throughout the next decade, as had
been the case in Tijuana, the Juárez cartel, led by Vicente and Rodolfo Car-
rillo, managed to maintain formal control of the ‘plaza’. In sharp contrast
with Tijuana, in Ciudad Juárez criminal instability almost immediately resul-
ted in a human rights crisis. Thanks to the hitman El Sicario’s confessions,
the details of thousands of executions, no less than one hundred witnessed by
60 Securitization, militarization, human rights
him, came to light. His testimony revealed indiscriminate killing campaigns,
including one prompted by the disappearance of 3,000 kg of cocaine, target-
ing at least seventy drug dealers and forty-five car thieves. As his account
makes clear, contract killers, like him, working for the Juárez cartel, would
dump the bodies in clandestine graves (Molloy and Bowden 2011: 116–125;
Lomas 2009). Between 1997 and 2007 a rising tide of femicides, involving the
violent deaths of hundreds of women, a rapidly growing number of dis-
appeared persons, reaching nearly 200 by 2003, and the discovery of their
burials were a bleak precursor of things to come (Dillon 1997; Badillo 1999;
Reforma 2002; El Siglo de Torreón 2004; González 2015). Criminal collusion
between local police forces and the Juárez cartel was exposed in 2004: under
the orders of Miguel Angel Loya, chief police officer, dealers who had gam-
bled against the Juárez organisation had been disappeared, killed and buried
in mass graves (Valdés Castellanos 2013: 240–241).
The violence that had descended upon Ciudad Juárez took an ever more
brutal turn as the Juárez and Sinaloa cartels outsourced coercive power to
local gangs. Estimates by the Municipal Public Secretariat calculated that in
the late 1990s the total number of gangs in Ciudad Juárez was around 300
with approximately 15,000 members. The estimated total for the Ciudad
Juárez–El Paso area was 400 gangs and 25,000 members (Pineda Jaimes and
Herrera Robles 2007: 99; Valdés Castellanos 2013: 402). In an effort to bol-
ster ‘La Línea’, the Juárez cartel’s armed branch, members of the gang
known as ‘Los Aztecas’ were recruited. Meanwhile, the Sinaloa organisation
resorted to members of the local gangs known as the ‘Mexicles’ and ‘Los
Artistas Asesinos’ as murderous enforcers of its aims.
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3 Effects of militarization in the name
of counter-narcotics efforts and
consequences for human rights
in Mexico
Laura Carlsen
For a country that is not engaged in a conflict, the estimated figures are
simply staggering: 151,233 people killed between December 2006 and
August 2015, including thousands of transiting migrants. At least 26,000
people missing, many believed to be as a result of enforced dis-
appearances, since 2007. Thousands of women and girls are sexually
assaulted, or become victims of the crime of femicide. And hardly anyone
is convicted for the above crimes.
(Al Hussein 2015)
78 Securitization, militarization, human rights
The High Commissioner noted that while organized crime contributes to the
violence:
The IACHR declaration went beyond the UN in that it listed the discriminatory
and politically targeted nature of the violations:
With the systematic violation of the human rights of journalists, human rights
defenders and victims, it becomes increasingly difficult to break the cycle of
violence and abuse.
Both the UN and IACHR 2015 reports, and virtually every report put out in
the past decade by national human rights organizations, find that impunity
lies at the base of this human rights crisis. The IACHR states that:
The UNHCHR cited the now well known, but no less shocking assessment
that 98 per cent of crimes committed in Mexico go unpunished (Latin American
Herald Times 2016).
These reports were a formal recognition of the crisis rather than an announce-
ment of anything Mexicans did not already know. For years, Mexican pre-
sidents and cabinet members had convinced international bodies that Mexico
was a leader in its respect for human rights. The government had signed up to
standards and protocols, established special mechanisms and prosecutors, and
revised legal frameworks according to international prescriptions. The result
was that the gap between respect for human rights on paper and respect for
human rights in practice grew ever wider.
The IACHR has also recognized the distance between prescriptions and
reality. After referring to gains by the Mexican government in formal adherence
to international standards, it wrote:
Ayotzinapa and Tlatlaya exposed this gap. It was not just that the crimes were
too blatant to be ignored. It was also, and primarily, that they were shocking
enough to crack through the apathy of a population that had become
inured to violence. Journalists were exposing the truth, despite severe per-
sonal risks. Hundreds of thousands of people mobilized and marched.
Militarization and human rights 81
International organizations pressured the Mexican government to tell the
truth. Mexico’s human rights crisis as a public phenomenon is the result of a
combination of the deteriorating human rights situation and the rising
awareness and actions of a society that has concluded that the situation can
no longer be tolerated.
The Mexican government’s response to criticism of its human rights record
has entailed even more violations of human rights. Following the release of
the 2015 IACHR report, the Peña Nieto administration launched a series of
carefully placed news items in a coordinated campaign to denigrate the Inter-
American Commission and insult its members, particularly the Executive
Secretary, the Mexican human rights defender Emilio Álvarez Icaza (Ramírez
2015). This was not the first time that the Mexican government had rejected
an international human rights report and responded with personal attacks.
The report of the Special Rapporteur on Torture, Juan Méndez, was met with
official statements from the Mexican diplomatic corps calling him ‘unprofes-
sional and lacking ethics’. Later, when the Group of Experts assigned to
investigate the Ayotzinapa case determined that the government’s version was
physically impossible (GIEI 2016), a rash of articles and statements from
government officials attacking its female members in particular hit the press
(Ahmed and Villegas 2016).
The Peña Nieto government has reacted to mounting criticism of its human
rights record with frustration that its carefully crafted image is being shat-
tered. Increasingly, governmental responses have shown signs of defensiveness
and the authoritarianism that have historically characterized one-party rule under
the PRI. In addition to their painting a grim picture of widespread violations,
what really raised the ire of the Peña administration in the international
human rights reports was the word ‘generalized’. The IACHR concluded:
The state of Guerrero, one of the states of the country with the highest
rate of poverty, not only has experienced one of the most tragic events in
the recent history of the country with the disappearance of the 43 stu-
dents, but in the process of their search, clandestine graves were dis-
covered with the remains of 129 persons, most still unidentified, and
families have reported that 450 persons have been disappeared since 2008
alone in this state. This shows that disappearances are generalized in
Mexico and that the tragedy of Ayotzinapa is not an isolated case.
(OAS 2015a)
Militarization NAFTA-style
The militarization of Mexico under the drug war has its roots not in a sudden
surge of drug cartel activity, but in the North American Free Trade Agree-
ment (NAFTA). The US strategy of ‘pushing out its borders’ to encompass its
North American partners in an economic and security region originated with
NAFTA. NAFTA proposed and created a regional trade and investment area
between Canada, the United States and Mexico by reducing tariffs, and
Militarization and human rights 85
investment and transportation barriers. Mexico became the global laboratory
of free trade when the historic agreement came into effect on 1 January 1994.
NAFTA represented the first time a major developing country had entered
into such an agreement with a superpower. Proponents of what represented the
most severe free trade model in modern history promised increased prosperity,
security and an end to the flow of impoverished Mexican workers and farmers
to the United States as undocumented migrants (US State Department).
After the 9/11 attacks, NAFTA became a pillar of the Bush Doctrine for
the Western Hemisphere. The Security and Prosperity Partnership (SPP)
emerged out of NAFTA as an agreement between the three presidents in 2005.
By expanding the regional trade agreement into a security pact, the Bush
administration sought to extend its national security doctrine into the terri-
tories of its regional trade partners. This meant that both Canada and Mexico
were to assume counter-terrorism activities (despite the absence of interna-
tional terrorist threats in those nations), border security (in Mexico’s case, to
control Central American migrants), and protection of strategic resources and
investments. Assistant Secretary of State Tom Shannon called it ‘armoring
NAFTA’ (Carlsen 2008b).
In 2007, then-president George Bush announced the Mérida Initiative, a
three-year plan to support Mexico’s new war on drugs (US Department of
State 2016). The Mérida Initiative billed itself originally as ‘a counter-
narcotics, counterterrorism, and border security initiative’, but, given the
absence of international terrorism in the region or security threats from
Guatemala or Belize, the counter-narcotics component became the initiative’s
central feature after Calderón declared the war on drugs. Even so, both
counterterrorism and southern border programmes were still funded by the
plan, as discussed below.
A common misconception is that the Mérida Initiative, named after a
meeting between presidents Calderón and Bush in the city of Mérida on
Mexico’s Yucatán peninsula, originated when Calderón requested assistance
in the drug war from the US government and Bush agreed to help. In fact,
Plan México, as it was first called, is the practical embodiment of the 2005
SPP and the policy of extending the perimeter of the US homeland security
area to the Mexico–Guatemala border (Carlsen 2009). The Bush announce-
ment of the three-year Mérida Initiative in October of 2007 extended US
military intervention in Mexico from this base. Under Mexican law, US mili-
tary personnel cannot operate in Mexican territory; however, the plan has
significantly increased the presence of US agents and intelligence services, US
private security companies, and ‘retired’ military officers throughout Mexico,
providing extensive police and military training for Mexican agencies both
within the country and in the United States.
Both governments’ strategy is in many senses proving far more destructive
than the purported enemy. Several core concepts within the drug war model
ensure that human rights violations will grow and Mexicans will continue to
die and disappear as long as the current policy continues. The first and most
86 Securitization, militarization, human rights
important of its aims is that the US and Mexican governments should prior-
itize halting the flow of prohibited drugs to the US market over security and
public safety. Both governments have attempted to convince the public of the
need for a drug war despite the social costs. In Mexico this has been unsuc-
cessful: polls show that over half the population does not believe the drug war
strategy is working (Consulta Mitofsky 2015). In the United States a combi-
nation of secrecy, fear, special interests and racism have so far inhibited a
broader movement to stop sending taxpayer dollars to fight the war on drugs
in Mexico. The economic interests behind the lobby to extend the Mérida
Initiative include the Pentagon, defence, and security and intelligence companies,
as well as the ‘soft’ drug war lobby of the NGOs, professional associations
and others who receive ‘institution-building’ contracts.
The narrow focus on Mexico as a security threat and a proxy for a US
national security agenda has led to a number of blind spots in the bilateral
relationship. One of the gravest to emerge in recent years has been the
absence of human rights concerns in the midst of a human rights crisis in
Mexico. The controversial and possibly illegal use of the army in maintaining
public safety; the use of military courts to try human rights violations against
civilians; torture and violence used as military and police practice for inter-
rogation; the lack of justice; attacks on opposition leaders and human rights
defenders; increased gender-based violence, and killings of civilians at mili-
tary checkpoints all contribute to this crisis. The State Department’s silence
on these issues and on the correlation between the drug war’s use of Mexico’s
security forces and the increase in human rights violations undermines the
argument that the drug war is an effort to reinforce the rule of law and
strengthen society, and demands a thorough review and reorientation of the
strategy by Congress.
Under this joint strategy, the borders have been particularly affected. The
northern border where drugs pass into the US market has been disputed ter-
ritory ever since the drug war turned the fight against illegal drug trafficking
into a turf war. Since the rise in the number of unaccompanied minors arriv-
ing from Central America to request asylum in the United States in the
summer of 2014, the US government has promoted the militarization of
Mexico’s southern border to prevent the entry of Central American migrants
and refugees fleeing to the United States. The Mérida Initiative in 2015
included $75 million for security measures, in this case anti-immigration
measures, on the Mexico–Guatemala border. The presence of armed forces
and additional police in the border region has caused human rights violations
to soar. On a single day in July 2015, one shelter in Tapachula that housed
about thirty migrants held four Central American women who related accounts
of their rape by Mexican security forces. The combination of armed power,
impunity and machismo has proved deadly to many migrant women. Human
rights groups on the southern border report that militarization is being
extended increasingly further inward from the frontier, noting that military
checkpoints have been installed up to 300 km from the border itself. The
Militarization and human rights 87
result of having extensive military forces and other types of security agents in
the area has been devastating to the population and the migrants in terms of
human rights violations. In the first year of the southern border plan, border
states reported an increase of 90 per cent in human trafficking and extortion
and 81 per cent in robbery, and a rise in attacks on and kidnapping of
migrants (Ureate 2015). In addition, the right to asylum and refugee status is
being systematically denied. An ACNUR study found that more than half of
Central American migrants interviewed were fleeing severe violence and had a
case for refugee status. Instead, in Mexico, even the children are being sent
back to danger: in 2015, Mexico apprehended more than 35,704 children
from Honduras, El Salvador and Guatemala, up 55 per cent from 2014 and
more than double the 2013 level (Lakhani 2016).
Militarization of the drug war rose to a new level when the Northern
Command created a Mexican Special Command and began training the
Mexican military in Iraq-style tactics (Dozier 2013). A report of 17 January
2013 by the Associated Press revealed that:
The Pentagon is stepping up aid for Mexico’s bloody drug war with a
new U.S.-based special operations headquarters to teach Mexican secur-
ity forces how to hunt drug cartels the same way special operations teams
hunt al-Qaida, according to documents and interviews with multiple U.S.
officials.
Mexican military leaders were even taken on a field trip to Iraq to train and
see the tactics on the ground. These strategies of occupation have effectively
converted a battle against illicit drug flows into an all-out war for territory in
Mexico, as the cartels have been set to fight against each other and to look for
ways to squeeze ever more earnings out of the lands they control.
Defining militarization
The term ‘militarization’ is not as straightforward as it may seem in this
context. A careful analysis of militarization explains in part the contradiction
in Mexico of rising lawlessness in the context of a major binational ‘law
enforcement’ effort.
Militarization is the cornerstone of Mexico’s counter-narcotics programme.
The largest deployment since the ‘dirty war’ of the 1980s began in December
2006 with the deployment of 45,000 soldiers into communities and cities
throughout Mexico to fight the war on drugs. It was not the first time that this
had happened in the country, but it was the first time it had happened on
this scale.
There is an ongoing debate among legal experts as to whether the Mexican
Constitution permits this type of deployment. Like most constitutions in the
world, Mexico’s generally prohibits the use of armed forces in domestic security
tasks except under specific situations and conditions, such as a state of emergency.
88 Securitization, militarization, human rights
A state of emergency, which entails the suspension of some civil liberties, has
not been proclaimed in Mexico because it would affect the image of stability
that the government cultivates so as to remain in good standing both in
global ratings and with investors. Thus, Mexico’s drug war is carried on under
the pall of a constitutional argument that has never been resolved.
Despite its questionable legality under the Mexican Constitution, use of the
Mexican armed forces in the drug war was immediately encouraged by the
US government through the Mérida Initiative. In its early years, the Mérida
Initiative was dominated by direct military aid in the form of expensive
equipment such as helicopters and light planes that also provided lucrative
contracts to US defence manufacturers (Carlsen 2008a). As Mexico’s security
budget also climbed, the Army was equipped to become a domestic crime-
fighter, essentially launching attacks against its own people (Telesur 2016a).
Later, the US government, and particularly the Pentagon, instituted a policy
to include and favour the Mexican Navy as more trustworthy than the Mex-
ican Army. In fact, within the army there were strong elements which
opposed participation in the war on drugs. For years controversy went on
internally, until March 2016 when the Secretary of Defence, General Salva-
dor, publicly stated that the army’s involvement in the war on drugs was an
error (Guevara 2016). ‘Sure, we’ve made mistakes’, he told the press:
and one of those was when we entered fully into the war on drugs … we
shunted them (the police) aside and we ended up with a problem that
wasn’t ours … We’re soldiers, trained for war and we’re taken out to
confront delinquents that aren’t exactly combatants, and the difference in
training in the army and the lack of training of the delinquents has meant
we have serious problems.
I am of the opinion that the army is not designed for the tasks it’s doing
today. None of us who are in positions of responsibility in the institution
were trained to do police work – we don’t do it, we don’t like it, we aren’t
comfortable with that role.
He concluded saying that he recognized that the Army had to play the role
because there was no one else to do it ‘and it’s an order from the president’.
This astounding admission should have sparked a national debate on the
role of the army in the drug war. Already scores of international human
rights organizations have recommended the withdrawal of the army from
domestic policing, not only as a general rule but also because of the massive
human rights violations the practice has incurred in Mexico. But the use of
the armed forces with US support under the Mérida Initiative has blurred the
line between police and military. Not only does the military perform and
supplant police functions, police forces have themselves become increasingly
Militarization and human rights 89
militarized, receiving army-style equipment as part of the war on drugs and
often commanded by military or ex-military personnel. For this reason, it is
imperative to understand ‘militarization’ as a model based on armed confronta-
tion with drug cartels as a foreign enemy, rather than the narrow definition of
army troops on the streets.
In this muddled context, many aspects of militarization go beyond count-
ing soldiers. Experts looking at Mexico and other countries have rightly
incorporated into the definition of militarization ‘the relative empowerment
of the military as an actor in domestic security issues and the militarization of
non-military security forces and institutions (Velasco 2005). They add other
criteria, including: military personnel in powerful positions (Guatemala),
military as police officers, use of military knowledge and equipment (police in
the US and Mexico) leading to an ‘institutional hybridization’, and the coercive
institutional influence of non-military security stakeholders.
Mexico has all the characteristics of this broader definition: police forces
commanded by military officials, militarized police, military training such as
the NorthCom Special Forces training, army checkpoints and involvement in
daily life. The theorists above note that ‘when coupled with weak civilian
institutions, especially where military justice is concerned, security forces
become abusive, including committing selective crimes against civilians,
extrajudicial executions and outlaw activities such as the creation of para-
military groups’, all of which we have seen repeatedly in Mexico. Many
Mexican communities are patrolled solely by the military, which has com-
pletely taken over from the police. In Guerrero, particularly following the
Iguala case (Rubido 2014), and in the state of Michoacán (Castellanos, F. J.
2015), municipal police forces have been disbanded following charges of cor-
ruption and taken over directly by the military – a role that violates the con-
cept of a civilian state. There are now military checkpoints throughout the
country and scores of military outposts.
This broadening of the definition of militarization has direct policy impli-
cations. In the debate on the Mérida Initiative and the drug war in Mexico,
some Washington NGOs have stressed decreasing direct military funding or
supporting the police rather than the armed forces. However, with the line
between the two often indiscernible and all security forces enveloped in a
militarized ‘war’ strategy, to support the men in blue over the men in green
does little to demilitarize the current model. While it is absolutely necessary
to remove the armed forces from domestic security tasks – numerous groups
from the United Nations to the Guerrero Truth Commission have made this
recommendation as an essential part of restoring peace and justice in the
country – it is not sufficient. The drug war model mandates militarization of
the conflict, whether by armed forces or police.
Studies of this broadly defined militarization conclude that:
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Part II
The public sphere and the press
under siege
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4 Violence, co-optation and corruption
Risks for the exercise of journalism and
freedom of expression in Mexico
Armando Rodríguez Luna
Introduction
Freedom of expression is a cornerstone of democratic society and essential for
the formation of an informed public opinion. A society that is not well
informed is never totally free. In this context, the work of the journalist can
provoke political debate by putting important information into the public arena.
In Mexico this can be very dangerous, particularly at the local level, in the
states and the municipalities. Many journalists are unaware of their work’s
social importance and resist both training and professionalisation. This in turn
negatively affects those who practise journalism with professionalism, rigour
and quality. Poor salaries and contracts continue to hamper efficient and
uncorrupted reporting.
Most journalists do not produce high-quality reporting and analysis but
merely reproduce or synthesise governmental information provided to them in
the form of news bulletins compiled by public officials. In many senses, little
has changed since the 1970s, when Renato Leduc condemned Mexican jour-
nalists as boletineros whose only job was to ‘collect a press bulletin accom-
panied by an envelope [of money]’ (Garambella 1982: 67). Nonetheless, even
these journalists are vulnerable, either through naivety or corruption, falling
foul of local politicians, media owners and managers, publicity agencies,
businessmen, political parties, government officials, and criminal groups.
Writing up the wrong bulletin can have terrible consequences. These dynamics
also affect the few independent and professional journalists. The notion that
journalists should simply repeat information they are given in return for cash-
stuffed envelopes or soft benefits permeates local politics and means that
those who do not toe the line are not only highly visible, but often punished.
The categories of risks for journalists are much the same throughout
Mexico (Shoemaker and Reese 1991; Relly and González de Bustamante
2013). On the one hand, there are ‘external risks’, such as those beyond the
journalist’s direct experience, but which still have important effects. These can
be divided into four categories. First, most journalists are employed on pre-
carious contracts. For example, Gregorio Jiménez, the Veracruz journalist
murdered in 2014, received 20 pesos (US$1.30) per story (Díaz 2014). Second,
98 The public sphere and the press under siege
working without a contract means many journalists lack basic social benefits
like medical coverage and pension schemes. Third, despite advances in human
rights legislation, there is still a lack of laws and institutions which specialise
in defending freedom of expression and freedom of the press. In addition, the
laws that do exist are often applied poorly or ineffectively. Last, an aspect that
has sadly gleaned the most column inches over the past decade is Mexican
journalists’ personal safety. Although the Committee to Protect Journalists
estimates that forty-one journalists have been killed between 2006 and 2016,
the actual number is far higher, probably more than a hundred (Priest 2015).
Furthermore, impunity for those responsible for such attacks is a given. Few
perpetrators have ever been brought to trial (Rios 2012 and 2013).
Nevertheless, external pressures account only for the most visible risks to
Mexican journalists. Within the profession, there are also ‘internal risks’
which are general throughout journalism and affect reporters irrespective of
their company, political, or ideological affiliations. The first of these concerns
training and professionalisation. Although more and more journalists possess
a university degree (although not necessarily in journalism or communica-
tions), most have had no formal training. On the one hand, this has an
obvious and direct effect on the quality of the journalism. On the other, it
means journalists are extremely vulnerable to corruption and violence. Many
simply do not possess the skills or the know-how to enable them to corrobo-
rate information, parse official bulletins, or seek help from federal institutions.
The second internal factor relates to the fact that in most regions of the
country journalists remain extremely divided. Increased competition for lim-
ited jobs and poor remuneration have exacerbated existing ideological ten-
sions and many journalists believe their competitors and rivals are on the take
(Solomon 1996: 121–130).1 These dynamics have their own logic and, toge-
ther with the external risks, combine to generate self-censorship and a climate
of fear and mistrust.
Although these are general categories of risk, their interplay differs greatly
throughout the country. Contrary to the assumptions of many commentators
on the Mexican media, the Mexican newspaper industry is not limited to the
gran prensa. Regional newspapers, radio stations, and TV networks have
always played important roles in transmitting news (Del Palacio Montiel
1999 and 2006: 9–46; Hallin 2000: 85–97) and continue to do so. Individual
states and smaller regions have differing traditions through having their own
key mediators of news production, including media ownership and levels of
journalistic repression, as well as strategies and opportunities for free expres-
sion. Over the past two decades, these have combined with new pressures (and
opportunities) generated by the increased power of organised criminal groups
which have not only infiltrated and cannibalised local authorities but also, at
least in some areas, developed relatively sophisticated media strategies.
This chapter examines the interplay of external and internal risks on press
freedom in five Mexican states. The conclusions are based on a larger
research project conducted with the civic association, Collective of Analysis of
Journalism and freedom of expression 99
Security with Democracy (CASEDE) and the non-governmental organisation
Freedom House, between 2014 and 2015 (Rodríguez Luna 2015: 123). During
this period I visited nine states in total, talked extensively with journalists and
held workshops with reporters, civic organisations, local government officials
and academics. I hope to capture both the geographical diversity of Mexico
and the varying risks affecting the country’s journalists. I have thus chosen to
look at Culiacán and Monterrey in the north, Mexico City and Michoacán in
the centre and Chiapas in the south.
Notes
1 In fact, at the summer 2015 conference that originated this chapter, these divisions
were clearly evident. Many of the journalists present suggested that a large number
of those who had been murdered were probably on the take. Such opinions echo
those of the murdered journalist Jesús Blancornelas, who suggested that only 10 per
cent of Mexican journalists were killed for what they wrote.
2 For example, the disappearance of José Antonio García Apac, editor of Ecos de la
Cuenca en Tepalcatepec (Campbell 2007).
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5 State of denial
Crime reporting and political
communication in Sonora1
Víctor Hugo Reyna García
Mexican politicians have always tended to deny criminal and security risks.
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want to be seen to fall behind. In the border state of Sonora, politicians
have embraced the strategy of denial wholesale (Beck 2008; Wallace 2008:
395–409).4
For the following decade, the official discourse remained relatively stable.
But media coverage shifted. From 2003 to 2009, Sonoran journalism was
critical and somewhat alarmist; it highlighted an environment of chaos and
fear. But, from 2009 onwards, this critical stance declined. Instead local
newspapers and other media assimilated the official discourse of denial. This
chapter examines these changes and continuities in the reporting of crim-
inal risk in Sonora. As such, it is organized in two parts. The first section
analyses the strategic uses of objectivity, irony and watchdog reporting that
prevailed during the six-year term of Partido Revolucionario Institucional’s
(PRI) Eduardo Bours, 2003–2009. The second section focuses on the prac-
tices of self-censorship, deference and homogenization that arose during
the administration of Partido Acción Nacional’s (PAN) Guillermo Padrés,5
2009–2015.
To this end, I examine the front page of Sonora’s leading newspaper, El
Imparcial. Here, I undertake a content analysis for the years 2003, 2006, 2009
and 2012. In particular, I focus on: (a) the type of criminal risk, (b) the loca-
tion of criminal risk and (c) the type of source. In so doing, I look at how
crime is reported in Sonora and how power relations are mediated by it. I
combine this with a qualitative analysis of the news that has showcased
Sonora as the ‘safest state on the northern frontier’.
112 The public sphere and the press under siege
Irony, objectivity and watchdog reporting (2003–2009)
In Sonora, spectacles of extreme violence began to gain public notoriety at
the start of Bours’ term, during the second half of 2003. Before that, the
crime reports that newspapers like El Imparcial published on their front page
predominantly concerned acts of international terrorism. In fact, the first
news relating to home-grown drug-related violence appeared on 6 May 2003,
under the headline ‘Prende PGJE alerta’ (‘State Attorney General on Alert’).
The piece looked at the rise of homicides in Sonora, but was careful to
downplay the figures by offering a regional context:
Such news suggests that denying criminal risk by pointing to the regional
context was not an invention of the Bours regime. In fact, it had been
employed by his predecessor, the PRI’s Armando López Nogales’s govern-
ment of 1997–2003, as well as earlier administrations. By comparing Sonora’s
security with that of other northern states, such a strategy not only denied
local risks, but also highlighted those of the region as a whole. The logic
presented by public officials was as follows: ‘Yes, the state has some security
issues, but they aren’t as severe as those of our neighbouring states.’ Sonora
was repeatedly portrayed as comparatively free of, or, in the worst case,
having fewer threats than other northern states. During the most sanguinary
years of the War on Drugs, this systematic denial of criminal risk attempted
to undercut the increasing atmosphere of fear, but had no effect on the actual
incidence of crime.
During the 2000s, this official attitude caused increasing tension between
Bours’ administration and the local press. Bours – a businessman-turned-
politician – maintained a hostile relationship with the media, and especially
with El Imparcial, which he accused of demonstrating a distinct bias in favour
of the opposition party, the PAN. The tensions went back to early 2003,
when, during his campaign for the governorship, El Imparcial had published
a series of articles which questioned his political skill (Guerra 2003; Rodrí-
guez 2003; Sánchez 2003). Hostilities continued into his term in office and
culminated with the governor filing a lawsuit for defamation against the news
organization (Beyliss 2006).
Crime reporting and political communication 113
In August 2003, with the election just decided in Bours’ favor, El Imparcial
made a bold move. It started to publish a regular news feature entitled ‘Mafia
en Sonora’. The first piece was entitled ‘Caen “capos” en Sonora’ (‘Drug
lords captured in Sonora’) and concerned the capture of a lieutenant of a
major drug cartel, the Sinaloa cartel, in Sonora (Larrinaga 2003). In the fol-
lowing days, while Bours ratified his victory before the Tribunal Estatal
Electoral (TEE), the newspaper used this news feature to keep public inse-
curity on the public agenda and to prepare the ground for six years of poli-
tical confrontation. From then on, crime reporting was employed to pressure
the state government.
As Pablo A. Piccato argues, crime news and the media coverage of murder
has always had a political dimension since the emergence of the nota roja (a
sensationalized form of crime reporting) at the end of the Porfiriato (Piccato
2012: 627–653; 2013: 104–125; 2014: 195–231). This continues to this day. In
fact, at present it may be more pronounced in the regions than in the rela-
tively secure environment of the Mexican capital. As Celia Del Palacio
argues, for years traditional journalism studies tended to downplay the rele-
vance of crime news as a space of political struggle, but recently the political
dimension of the nota roja has come to the fore (Del Palacio 2015). This
academic shift has been paralleled at the level of local newsrooms. Before the
War on Drugs, Sonoran crime reporters had seen the nota roja exclusively as
a site of class conflict. ‘La Policiaca es las Sociales de los pobres’ (‘The crime
news is the society news of the poor’) was a common black joke. Their staple
fare was the gathering of police reports and accounts of relatively minor
crimes. Drugs were viewed as a completely separate sphere. They were a
public health problem and only became a public security problem if a drug
user was caught stealing in order to sustain his or her addiction. But the War
on Drugs changed this perception. The federal government’s confrontation
with the cartels turned drug trafficking and its associated violence into a
major political story.
As Table 5.1 below demonstrates, the conflict between Sonora’s main
newspaper and Governor Bours gradually promoted criminal risk to El
Imparcial’s front pages. News of executions rose from 13 per cent to 18 per
cent of total articles; news on firefights between criminal gangs or between
gangs and the security forces increased from 0 per cent to 16 per cent; and
news on drug trafficking grew from 11 per cent to 19 per cent between 2003
and 2006. In contrast, there was a steady decline of news on drug use (from 8
per cent to 5 per cent), diverse thefts (from 11 per cent to 1 per cent) and even
killings without ‘signs of execution’ (Larrinaga 2009),6 which are traditionally
attributed to organized crime (from 11 per cent to 4 per cent).
During Bours’ successor government, that of PAN’s Guillermo Padrés,
some of these trends persisted but others changed. For example, drug traf-
ficking remained a dominant theme, although it declined from 25 per cent to
14 per cent of front-page stories. News of executions stayed around the same
at 22 per cent of stories. But decontextualized murders – not defined as
114 The public sphere and the press under siege
Table 5.1 Type of criminal risk in El Imparcial (2003–2012)
2003 2006 Variation 2009 2012 Variation
Not identified 0% 0% 0% 7% 8% 1%
Aggression 0% 3% 3% 1% 0% −1%
Drug use 8% 5% −3% 0% 0% 0%
Disturbance 0% 4% 4% 0% 2% 2%
Fraud 0% 3% 3% 1% 0% −1%
Homicide 11% 4% −7% 7% 26% 19%
Theft 11% 1% −9% 6% 9% 4%
Rape 0% 5% 5% 0% 2% 2%
Detonation 24% 13% −10% 6% 3% −2%
Extortion 0% 1% 1% 6% 2% −4%
Execution 13% 8% −5% 21% 22% 1%
Kidnapping 5% 11% 5% 10% 6% −4%
Firefight 0% 16% 16% 11% 3% −8%
Torture 0% 0% 0% 0% 0% 0%
Drug traffic 11% 19% 8% 25% 14% −11%
Others 18% 7% −12% 0% 5% 5%
Total 100% 100% 0% 100% 100% 0%
Source: Own elaboration.
countered the narrative put forward by Governor Bours that Sonora was the
safest state in northern Mexico. If it was so safe, readers of El Imparcial
might ask, why were spectacles of extreme violence, from beheadings to gre-
nade attacks, reported on a daily basis on the paper’s front page? Were news
organizations exaggerating the threats? Or were they simply doing their job,
publishing the news which public officials wished to keep quiet?
During Bours’ term it became common to read highly critical reports on
Sonora’s security situation. These highlighted state complicity in criminal
activity. And headlines included ‘Sonora, base de poderosas bandas’ (‘Sonora,
base of powerful gangs’), ‘Temen que Sonora sea igual a Sinaloa’ (‘They fear
that Sonora is becoming like Sinaloa’) or the blunt and alarmist ‘Cuenta
Sonora con los peores polícias del país’ (‘Sonora has the worst police in the
country’) (Ruiz 2005; Castro 2005; Padilla 2006), among others. Throughout
the period, El Imparcial repeatedly stressed its adherence to ideas of journal-
istic independence and objectivity and claimed that such values forced its repor-
ters to warn readers about the progressive penetration of organized crime. But,
undeniably, the strategy also had a political correlative. Such coverage ran
contrary to the state governor’s line and echoed the criticism of opposition
politicians and antagonistic members of civil society:
In contrast, the denial of criminal risk Bours was trying to stress was
ignored, minimized or, if it was mentioned, ridiculed. The last strategy was
116 The public sphere and the press under siege
commonly used to compare the governor’s perception with the newspaper’s
crime accounts. For example, on 11 November, 2005, the paper featured an
article entitled ‘¡Despiertan a balazos!’ (‘They awake to bullets!’) (Moreno
and Quintero 2005). Beside that piece on a gun attack that involved a busi-
nessman and his family in an upscale neighbourhood (Table 5.3), they published
the headline ‘¿Cuál ambiente de inseguridad?’ (‘What climate of insecurity?’).
In it, they mocked Bours’ response the morning after the assault:
A clear line in the sand was marked in crime reporting by his dis-
appearance. It was imperative for us to understand that there’s no one
there to save us, that even the bravest reporter is exposed.
(Santana 2012)
118 The public sphere and the press under siege
We, Sonoran journalists, know that we can’t dig up narco stories because
we would end up like Alfredo Jiménez, [whose disappearance is still an]
unpunished case.
(Medina 2012)
fewer than the total recorded in 2011, revealed the National System of
Public Security. Moreover, this figure is similar to the one from 2010,
when six people suffered an illegal deprivation of their liberty in the same
period. The National System of Public Security also reported that from
January to May of this year, Tamaulipas had registered 50 kidnappings,
Nuevo León 29 and Chihuahua 23.
(El Imparcial 2012)
This framing shift was most evident at El Imparcial, because of its previous
emphasis on stressing the state’s insecurity. But it could also be found in the
rest of the state’s print and online newspapers. If one conducts an online
search of the terms Sonora and seguro, one can find at least 190 news items
where Sonora is characterized as a safe state. In them, the homogenization of
news production is striking. The idea that Sonora is ‘the safest state on the
northern frontier’ appears in the headline of nearly all of them and is developed
in a similar fashion, with the same information, in an analogous inverted
pyramid structure.
Some of the headlines include:
Once again, Sonora was recognized as the safest state on the border
according to the Prominix’s annual Semáforo Delictivo Nacional. In its
2013 edition, with statistical data from 2012, the research showed that
Sonora was the only border state with a ‘green’ or safe security rating,
placing it amongst the top eight safest Mexican states.
(El Imparcial 2013)
Sonora is the safest state on the United States border according to con-
sultancy company Prominix’s annual Semáforo Delictivo Nacional. In a
news release, the Sonoran government stated that in its 2013 edition,
using statistical data from 2012, [Prominix’s] research showed that Sonora
was the only border state with a ‘green’ or safe security rating, placing it
amongst the top eight safest Mexican states.
(Notimex 2013)
These snippets were taken from El Imparcial and the national news agency
Notimex, respectively. As can be seen, the contents are basically the same and
the only meaningful difference is that Notimex makes clear that the informa-
tion comes from a news release by the Sonoran government. It is clear, there-
fore, that the homogenization of crime news comes not from shared values but
rather because news media are simply reprinting the same ready-made infor-
mation. This has always occurred on the political scene. In fact, such was their
reliance on official bulletins, political journalists were often termed ‘boletineros’.
But it is something very new to crime reporting, which has traditionally relied
far more on police reports, direct testimony or interviews.
Crime reporting and political communication 121
This is where the revolving door between the state’s newsrooms and its
corridors of power played a key role. When El Imparcial’s editor, Morales,
became Padrés’ minister of communication, he brought with him a profound
knowledge of Sonora’s journalistic culture. He was a former crime reporter.
He knew that his erstwhile colleagues were willing to shift their ‘framing’ of
the news if presented with ready-made information. In fact, it seems that the
homogenization of crime news was something he had been pondering for
years. His university dissertation was entitled ‘Proposal for the creation of a
news agency specializing in themes of security, drug trafficking, migration and
the northern border’ (Morales 2004).
Was Sonora more dangerous during Bours’ administration? Did it suddenly
become safer under Padrés? In some ways, it didn’t really matter. Risk is a
matter of perception and can be modified through perception. Morales, as a
communications major, understood this and made denying risk his main
strategy. It was true that Sonora was the only northern frontier state that had
received a ‘green’ or safe rating in Prominix’s Semáforo Delictivo Nacional
from 2011 to 2015. Yet, this rating was for crime in general. In fact, in terms
of the kind of crimes which generated the most fear, homicides and execu-
tions, Sonora was rated ‘yellow’ or ‘red’ or unsafe throughout the same
period. And in the first half of 2016, the state was far above the national
average in terms of homicides related to organized crime (Prominix 2016).
Furthermore, alternative sources – which were hardly mentioned in the press
of the time – highlighted the state’s continued insecurity problems. The
national statistics bureau’s National Survey of Victimization and Perception
of Public Security claimed that Sonora was the border state with the highest
rate of crimes in both 2010 and 2011 and had the third highest rate in 2012,
2013 and 2014 (Instituto Nacional de Estadística y Geografía 2016). The
narrative of Sonora’s exceptionalism was just that, a narrative, based on
cherry-picked or incomplete information and dependent on the ruling party’s
ability to influence news production.
The ability of Padrés’ administration to shift news coverage from relatively
open, if alarmist, reporting to risk denial almost overnight is a worrying sign.
It suggests that the efforts to professionalize the world of Sonoran journalism
have not penetrated very deeply. Editors and reporters have been unable to
resist the imposition of the official discourse, either because they wish to avoid
another attack or because they fear losing advertising or losing (perhaps,
even, under-the-table) revenue or ‘chayote’. Jiménez’s disappearance, com-
bined with the ongoing print media’s financial crisis, has pushed Sonora’s
newspapers back towards the deferential and homogenizing practices of the
heyday of the PRI.
Notes
1 A previous version of this chapter was published in Spanish (Reyna 2015: 365–403).
2 The so-called ‘Mexican war on drugs’ is the ongoing battle between the Mexican
armed forces and the drug cartels that operate in that country. It was originally
launched by PAN’s Felipe Calderón at the beginning of his six-year term, in 2006,
with the United States’ support.
3 Numerous Mexican politicians have denied criminal risk during the ‘Mexican war
on drugs’. To cite three that did so recently, Silvano Aureoles of Michoacán, Ale-
jandro Moreno of Campeche and José Francisco Olvera of Hidalgo. Even Javier
Duarte, Veracruz’s controversial governor from 2010 to 2016, has defined his state
as safe and sound.
4 Drawing upon Beck and Wallace, we understand the spatial denial of criminal risk
as the systematic denial of the presence of a certain criminal risk in a particular
place. This denial could come from the state or the citizenship and is designed to
characterize a particular territory as safe. Closely linked to the concept of spectacles
Crime reporting and political communication 123
of extreme violence (puestas en escena de extrema violencia, in Spanish), this denial
is paradoxical as the new generation of dangers operates outside traditional spatial
boundaries and makes its calculation and control fruitless (Beck 2008; Wallace
2008: 395–409).
5 In 2009, Padrés became the first governor of Sonora from a party other than PRI.
By the end of 2016, the Procuraduría General de la República (PGR) ordered his
detention on multiple charges of corruption, embezzlement, and extortion. At the
time of writing, he is in jail, as is his son, Guillermo Padrés Jr.
6 José Larrinaga was a crime reporter for El Imparcial, but became the spokesman of
the Procuraduría General de Justicia del Estado (PGJE) once Bours became
Sonora’s governor.
7 Morales was El Imparcial’s editor-in-chief during Bours’ administration. Owing to
diverse and undisclosed problems, he was relocated to Tijuana to run El Imparcial’s
sister newspaper, Frontera. In 2009, he joined Padrés’ campaign. He became
Sonora’s first Secretary of Communication later that year. At the beginning of 2016
he was jailed on charges of extortion. By the end of that year he was bailed but is
still facing the extortion charges.
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6 Social movements in support of
the victims
Human rights and digital communications
Rupert Knox
Introduction
In December 2010, relatives of more than seventy people killed or dis-
appeared during Mexico’s so-called war on drugs met in a location outside
Chihuahua City. The relatives from across Mexico’s northern states, sup-
ported by a small number of under-resourced human rights organisations, had
come together to share their experiences and combine forces to demand truth
and justice. One by one the traumatised relatives stood up to voice their loss,
bewilderment and outrage. For many, this was the first time they had been
able to share their grief and anger amongst others with similar experiences.
They spoke of how their families had been torn apart, voiced isolation and
anguish; and they highlighted the callous indifference of the authorities or
their complicity with those responsible for the death or disappearance of their
loved ones. These were some of the victims of the violence unleashed by
ex-president Felipe Calderón’s war finding each other and beginning to
challenge the state’s efforts to marginalise and silence them.
In the years since, social movements have emerged around the victims of
the violence, supported by human rights organisations and other social actors,
including a wide network of solidarity supporters inside Mexico and beyond
its borders. So far their successes have been limited, but their mass mobilisa-
tions and demands for justice have significantly marked the administrations of
presidents Felipe Calderón and Enrique Peña Nieto and undermined the
domestic and international credibility of both governments. In addition, the
movements enabled relatives to sustain their struggle and gain wider public
recognition and legitimacy. They helped change the landscape of under-
standing around the rights of victims, including through legal reforms, and
focused attention on the deep and murky connections among institutions,
political parties, organised crime, violence and impunity.
This chapter looks at the evolving processes of these movements, primarily
in relation to the Movement for Peace and Justice with Dignity (MPJD) and
the mobilisation around the families of the forty-three disappeared Ayotzi-
napa students. It focuses on two aspects of these struggles: first, the role of
human rights claims as scenes of contestation; and second, how digital
Social movements in support of the victims 127
communications, particularly social media, have formed part of the move-
ment’s practices as well as the wider communications environment. These two
aspects of movement activity shine a light on the development of the repertoire
of collective action (Tilly 2004; Della Porta and Diani 2006) of social move-
ments engaged in contentious politics, the political opportunities and con-
straints (Tarrow 1998) of the war on drugs in the context of Mexico’s political
transition and the changing media environment. They also raise questions
about the development of movement identities (Melucci 1996; Polletta and
Jasper 2001) and the conflicting demands of negotiating with the State and
sustaining an autonomous movement (Foweraker 1995). The study of digital
communications in social movement practices has been theorised (Castells
2013a; 2013b; 1997) and increasingly looked at in practice (Mattoni and Treré
2014; Cammaerts 2012), including in Mexico (Rovira 2014; Treré and Cargne-
lutti 2014), but not in relation to human rights claims. The relevance of examining
the configuration of human rights and digital communications lies in the oppor-
tunities and limitations they afford social movements in the specific context of
contemporary Mexico. This is particularly so in a country where the State
regularly deploys resources and tactics to co-opt or attack critical voices in
order to demobilise social actors and marginalise resistance claims.
The movements considered here did not exclusively rely on human rights
claims or digital communications, but both have formed an integral part of
their repertoire of claims and actions. In some cases this has facilitated inno-
vation, but in others limitations have been exposed. Reference is also made to
the Movement for our Disappeared in Mexico and the #YoSoy132 movement
as part of the developing process of social movement practices. I provide a
number of preliminary conclusions on the basis of a series of qualitative
interviews conducted with a selection of participants in the social movements
and observers as well as the author’s previous extensive experience doc-
umenting human rights violations in Mexico for Amnesty International (AI).
In the first section, the chapter addresses some relevant debates around
human rights and digital communication in relation to social movements. The
second section explores the specific context of the so-called war on drug car-
tels, human rights in Mexico and the plight of victims. The third considers the
two movements and some specific aspects of human rights and digital
communications in relation to their practices and outcomes.
Human rights
Human rights have been a key area of dispute in Mexico’s political transition
(Olvera 2003; Estévez López 2008). Compliance or lack of compliance with
human rights standards is an important indicator of the degree to which
Mexico has managed to move from the authoritarian rule of former PRI
administrations, to greater democratic accountability.
The boomerang and spiral models (Risse et al. 1999; 2013; Keck and Sik-
kink 1998) of how international human rights norms are promoted and can
128 The public sphere and the press under siege
lead to the ratification of treaties and ultimately domestic implementation
provide a possible template for Mexico’s engagement with the international
and regional human rights systems during the democratic transition process
(Anaya Muñoz 2009; 2014). However, the results do not suggest a gradual
move to norm enforcement. Rather they suggest the adoption of a rights
discourse solely for the purposes of legitimation without willingness to
comply. This in turn raises serious doubts about the depth of Mexico’s
democratic transition. Despite a relatively organised, if small, domestic non-
governmental human rights sector and a degree of pressure from international
intergovernmental and non-governmental organisations (NGOs), the gap
between commitment and compliance (Simmons 2009) has become ever
starker.
Mexico provides an interesting example of how official discourse on human
rights is used to legitimate the government for domestic purposes and also in
relation to the international community. Critics have argued that this exposes
the international human rights project as a tool of Western liberal domination
at the service of local elites (Douzinas 2007). Stammers (2009), meanwhile,
suggests that human rights are only emancipatory when articulated and
demanded from below by local social movements. But once they are institu-
tionalised in law, they become part of the State apparatus of power and end
up excluding and demobilising those very same social movements.
In a similar vein, Estévez López (2008; 2015) traces the development of
Mexico’s grassroots human rights movement from its origins in liberation
theology, to its seeming betrayal of such causes during the democratic tran-
sition. This resulted in a professional elite of NGOs engaged in privileged
negotiation around legal reform. These were sponsored by international
funding agencies, which largely excluded social movements. In particular,
movements which demanded economic and social rights. These were anath-
ema to the neoliberal ideology of both Mexican administrations and foreign
investors. According to this view, the Mexican human rights movement has
been largely captured by co-opted NGOs as much as by the State. In doing
so, it has marginalised or demobilised the emancipatory demands of social
movements.
The merit of these approaches is that they value the crucial role of grass-
roots human rights claims in the construction of human rights domestically –
in contrast to the boomerang and spiral theories which tend to privilege the
role of international human rights law and elite legal activists. However, it
also minimises a key dimension of the traction of local movements, which is
the appeal to internationally constituted norms that states such as Mexico
have voluntarily agreed to uphold. The frequently tense combination of spe-
cific local moral claim with international legal norms is what gives human
rights frames ‘resonance’ (Benford and Snow 2000: 619) beyond the location
of immediate claims-making. This can significantly increase the leverage of
claims-makers in their domestic legal system as well as protect them from
repression. As the Zapatistas showed, international solidarity through human
Social movements in support of the victims 129
rights claims is not just an additional support, but can be vital for survival as
well as advancing other strategic goals, including movement identity (Bob
2005).
In Mexico, human rights were traditionally for international consumption
only (Saltalamacchia and Covarrubias 2011). But since the political transi-
tion, they have become an important terrain of domestic dispute. On the one
hand, governments have asserted their legitimacy via ratification of interna-
tional human rights instruments and, since the Salinas presidency, with
administrative actions that supposedly demonstrate a degree of compliance.
On the other hand, local, national and international human rights organisa-
tions document and publicise patterns of human rights violations. In doing
so, they demonstrate that these measures are ineffective as abuses continue,
and above all, perpetrators almost always enjoy impunity.
President Vicente Fox’s government promised to bridge the gap between
commitment and compliance, but while some politically directed human
rights violations diminished, abuses related to violence against women, the public
security and justice system as well as the denial of social and economic rights
continued unabated. Under Calderón, despite the crucial 2011 human rights
reforms to the Constitution, the contradictions became even starker. His gov-
ernment routinely proclaimed its commitment to human rights, while over-
seeing a massive increase in rights abuses committed by police and security
forces. At the same time, there were also systematic failures of justice and
security institutions to prevent and punish criminal violence. Consistent and
credible evidence presented by national and international human rights orga-
nisations of enforced disappearances, killings and torture, as well as the routine
collusion of public officials with criminal organisations, was simply dismissed or
attributed to ‘rotten apples’. The Peña Nieto government continued this strategy,
but has recently gone further by aggressively rejecting the evidence of the ongoing
human rights crisis as documented by the Inter-American Commission on
Human Rights (IACHR) and UN Special Rapporteurs.
These debates are frequently played out in international, national and local
media, including the burgeoning digital media environment. However, human
rights are often presumed to be a relatively technical discourse, associated
with lawyers and institutions, and lacking popular appeal (Ron et al. 2014).
Many human rights activists believe this is reinforced in sections of the media
by local public officials and some civil society groups close to the government,
such as Stop Kidnapping (Alto al Secuestro). These tend to attack human
rights defenders for protecting criminals above the interests of individuals and
communities affected by violent crime. In this environment, where delegiti-
misation tactics and threats against human rights activists are routine, the
relatively small number of independent human rights NGOs have often
struggled to effectively challenge government policy and attract significant
domestic or international pressure to improve compliance.
However, on occasion this imbalance in power has shifted significantly with
the emergence of social movements, attracting wider participation and
130 The public sphere and the press under siege
echoing victims’ demands for justice. A trigger for these movements is often a
particularly egregious or emblematic abuse or the State’s failure to protect
victims. This enables networked activists to tap into public indignation and
sympathy, such as with the murder of the son of the poet, Javier Sicilia, in
2011 or the enforced disappearance of forty-three student teachers from
Ayotzinapa in 2014. The particularities of the context are therefore important
to understanding the mobilisation. Even so, as social movement theorists have
noted, building and sustaining a coherent movement in the face of internal
pressures in relation to identity, strategy and organisation, and external
threats such as government and media tactics to delegitimise, co-opt and
divert is always extremely difficult, and usually short-lived (Tarrow 1998).
Digital communications
As digital communications have developed with globalisation and broadened
internet access, so their role in social movement practice has increased, par-
ticularly the use of social media platforms. These are ‘websites or applications
that enable personal involvement, interaction and collaborative creativity to
people linked to one another in complex, far-flung social and technological
networks’ (Lievrouw 2011: 177–178). The implications for political participa-
tion have been vigorously debated, from utopian views of their horizontal and
democratising influence (Rheingold 2000; Shirky 2011) to sceptics who argue
they reinforce capitalist inequality and commodification, even facilitating
repression (Morozov 2012). The use of digital communication was identified
as integral to the Zapatista’s success at mobilising a global constituency
(Cleaver 1998; Rovira 2007), but more recently social media platforms such as
Twitter, Facebook and YouTube have played roles in the Arab Spring,
Occupy and Indignado movements. The actual importance of digital com-
munications and the manner in which these movements use them or are
influenced by the technology is contested (Bennett and Segerberg 2012;
Gladwell 2010; Castells 2013b). However, in the aftermath of these high-
profile movements there has been an increasing recognition of the need to
examine the concrete circumstances in which digital communications are used
as part of wider social movement activity and the media environment. In fact,
often those who consider themselves digital activists tend not to believe that
digital communication itself secures change, but that it can facilitate partici-
pation in offline actions (Harlow and Guo 2014), such as protests, which
remain a core element of the repertoire of social movement actions.
Treré and Cargnelutti (2014: 185) suggest four possible ways in which
social media contribute to social movements. First, they facilitate the partici-
pation of individuals with limited political activism via friend networks.
Second, they help create a shared consciousness among participants. Third,
they strengthen mobilisation by allowing others to observe the positive value
of participation. And fourth, they reduce the barriers to participation by
facilitating the organisation of events.
Social movements in support of the victims 131
When interactive social media platforms emerged, known as web 2.0, much
was made of their affordances to enable information sharing, interaction and
user content creation as part of autonomous deliberative networks (Castells
2013a). These features were heralded for their apparently democratic and
non-hierarchical nature, with the potential to reflect and reinforce global
social movements resisting the dominant economic and political forces lead-
ing neoliberal globalisation. The rise of movements such as Occupy and Los
Indignados appeared to support this argument. However, closer inspection of
some movement practices has frequently demonstrated that use of social
media is not necessarily particularly deliberative or horizontal (Treré and
Barassi 2015; Gerbaudo 2012).
By 2015, 57 per cent of Mexico’s population used the internet, with 70 per
cent of users accessing social media sites (INEGI 2016a). Despite rapidly
growing internet connectivity, large sections of the population remain without
access, particularly amongst older generations, the poor and rural commu-
nities. As with other parts of the world, the digital divide favours the young,
middle-class and urban. However, the security crisis in Mexico has also sti-
mulated social media use in less advantaged areas where the threat of violence
imposes self-censorship on local media, leaving the population uninformed
and distrustful. Social media platforms have enabled the dissemination of
information on local security threats, but their vulnerability has also resulted
in grave reprisal attacks, including killings, against those apparently posting
sensitive information in states like Tamaulipas and Veracruz (Zires 2014).
A key reason why the internet, and particularly ‘alternative’ media, have
become politically important in Mexico and other countries in Latin America
is the domination of mainstream media by corporate and political interests
allied to the governing elites (Huerta-Wong and Gómez García 2013). As
elsewhere, mainstream media are constantly increasing their online presence,
but this has not undercut the potential for low-cost web-based media portals
to report and comment on politics, crime and corruption. A more plural
environment has developed for those motivated to seek information, with
independent online media offering a wide range of news and analysis of
varying political hues and reliability. These include independent portals such
as Animal Político and Sin Embargo, with relatively traditional approaches to
editorial and journalistic standards, whereas more overtly left-wing platforms
such as RompevientoTV, Informémenos and Subversiones identify explicitly
with social causes and movements. In the latter case, the coverage may not
reach far beyond the core constituency of social movement sympathisers, but
they appear to play a part in fostering identification and participation. As the
importance of this sector has grown, so have the threats it has faced, includ-
ing cyber attacks on portals such as Sin Embargo and death threats against
journalists working with Subversiones.
Notwithstanding changes taking place in the media environment, the
influence of ‘alternative’ portals is still dwarfed by the mainstream media, so
visibility in traditional outlets, including international media, continues to be
132 The public sphere and the press under siege
a key strategic objective for many social movements. Gaining wide and rela-
tively positive coverage in national media has become increasingly difficult
under Peña Nieto’s government, which has sought to tighten control over the
national news agenda (Freedom House 2016). In this climate, alternative and
international media coverage is often the best way of gaining attention in the
traditional domestic news media.
Another increasingly important dimension to using digital communications
is growing awareness of their vulnerability to a range of threats. The limited
resources available to social activists engaged in forms of resistance mobili-
sation make them particularly vulnerable. These threats include espionage by
security agencies and internet security companies; automated software attacks
to undermine visibility of social movement causes, known as ‘bots’; and
organised trolling campaigns involving intimidation and threats in order to
discredit and deter social activists. In this climate, social movement organisers
and participants increasingly report limiting their social media use to dis-
tribution of information to coordinate and promote actions, but not to engage
in internal movement discussion or other more interactive practices. Nevertheless,
digital communication, including social media, remains an important part of
the expressive and instrumental activities of social movements, particularly in
relation to mobilisation around major human rights issues.
Ayotzinapa
On 26 September 2014, despite the heavy presence of federal police and the
military in the town of Iguala, Guerrero, student teachers from a rural tea-
cher training college in Ayotzinapa were attacked and forty-three forcibly
disappeared by police working with a local cartel, Guerreros Unidos. Six
civilians, three of whom were also students, were shot and killed by police
and gunmen. More than 100 suspects, including municipal police and the
local mayor, were arrested – several alleged being tortured into cooperating
with the official investigation, which concluded that the students had been
detained, killed and burnt. Under intense national and international pres-
sures, an IACHR group of international experts was allowed to examine the
case. They were highly critical of the official investigation, arguing it was not
based on reliable evidence and had avoided investigating the federal police or
military.
The state and federal governments initially tried to minimise the tragedy
and present it as a local incident, probably connected to the student teachers’
well-known political radicalism. However, as the parents of the forty-three
young men – poor indigenous families from rural Guerrero – began a digni-
fied and determined struggle to find their sons, support for their demands
rapidly evolved into a national movement. The forty-three became emblematic,
not only of the visceral suffering of mothers and fathers, but also the multi-
layered collusion between security forces, public officials, political parties and
criminal networks.2
Local and national human rights NGOs, particularly the Centro de Dere-
chos Humanos de la Montaña ‘Tlachinollan’ and the Centro de Derechos
Humanos Miguel Agustín Pro Juárez, worked closely with relatives and sur-
viving students to document the case and press for a full investigation, including
the involvement of the IACHR experts. Ayotzinapa students travelled to
Mexico City to canvass student networks nationally and internationally to
support protest actions led by the families. Local left-wing political and social
organisations in Guerrero also supported the campaign of the families. A
series of increasingly large marches took place in Mexico City and several
cities around the world demanding the return of the missing young men.
These global action days demonstrated the capacity of the case to inspire
broad participation in the marches. The national and international mobilisa-
tion was relatively spontaneous, but also drew on existing networks that had
been forged as part of the Zapatista solidarity movement and #YoSoy132 –
the student protest movement during Peña Nieto’s presidential election cam-
paign. These networks had remained latent or active on disparate causes, but
came together to facilitate mass actions and feed back the wide participation
in the protests around Ayotzinapa, encouraging greater involvement.
Social movements in support of the victims 137
The scale and diversity of the protesters posed a challenge to the authority
of the government of Peña Nieto. At the same time, the responsibility of the
military for the mass extrajudicial killing of suspected gang members in Tla-
tlaya, Guerrero state was coming to light, further eroding the government’s
national and international credibility with regard to the protection of human
rights. The pressure it faced due to national protests and international con-
cern forced it to make the ‘tactical concession’ (Risse et al. 1999, 25–18) of
allowing the involvement of the IACHR international experts. However, the
government took no action to correct or stop the relentless smear campaigns
by its supporters in the media and allied civil society groups against the
Ayotzinapa students, human rights defenders and particularly the IACHR
experts.
In 2015, the mass marches in support of the families of the forty-three
began to lose momentum when police brutality and arrests increased and
some protesters resorted to violence. Media close to the government particu-
larly focused on these incidents of violence, reducing the broad-based appeal
of the movement. Likewise, the internal decision to strengthen the role of
traditional left-wing social and political organisations in Guerrero in the
coordination of the movement began to limit its wider appeal. The support
networks that had facilitated much of the creative drive of the protests began
to dissipate. Furthermore, the strategy of relentless media smear campaigns
against the movement had an impact on its capacity to sustain mobilisation.
Despite this, the solidarity movement remained active, as did the legal strategy
pursued by the families.
Threats
Digital communications may afford a variety of uses to social movement
participants, but they also pose considerable threats. The Mexican federal and
state governments have increasingly invested in digital surveillance capacity as
proven by their purchase of Hacking Team software (Ricaurte Quijano et al.
2014), but there are virtually no official mechanisms to hold security services
to account or monitor their activities. Some private PR companies appear to
provide services for hire to attack opponents online with orchestrated cam-
paigns. Many activists also report the use of bots to undermine political
opponents and social activists. However, these attacks are frequently difficult
to distinguish from less orchestrated trolling incidents (Treré 2016).
In March 2016, Bloomberg Businessweek released the results of an exten-
sive investigation into the activities of Colombian hacker, Andres Sepúlveda,
who claimed to have been hired to conduct digital dirty tricks campaigns to
win elections in several Latin American countries (Robertson et al. 2016).
Despite official denials, Peña Nieto’s 2012 campaign team reportedly made
use of his services, appearing to confirm the willingness of the political
establishment to resort to unlawful digital communications strategies to
undermine opposition.
The 2013/14 telecommunications reforms mobilised online activists, many
of whom had participated in the #YoSoy132 movement. They considered
aspects of the draft bill an attempt by legislators and executive to curtail
online freedom of expression, undermine web neutrality and entrench inade-
quately controlled access to private communications and digital data by
criminal justice and security agencies. These threatened to undermine human
rights protections, but also to reduce the value of digital communications as a
mobilisation tool and an expressive collective environment for social activists.
The final approved law reduced some of these fears, but debates around
threats and regulation of the digital communications environment continue –
even if such discussions are primarily limited to circles advocating digital
rights rather than wider networks of social movement activists.
Conclusions
Social movement theorists have usually focused on the organisational features
and identity formation of collective action operating in conjunction with
142 The public sphere and the press under siege
external opportunities and constraints, as well as the expressive and instru-
mental aspects of movement activity and aims. Media and communications
scholars such as Castells tend to refract these aspects of social movement
practice through their interaction with digital media. In contrast, human
rights scholars usually focus on international human rights instruments and
the socialising process downward through international advocacy networks.
All these provide important vantage points from which to analyse social
movement practice and impacts. However, this chapter is focused on the spe-
cific context of Mexico’s ill-fated ‘war on drug cartels’ and the unfinished
democratic transition, particularly how grassroots social movements have
emerged around victims of the violence to challenge the State’s conduct and
the uses made of digital communications.
Human rights are double-edged. The government has claimed legitimacy
through its adoption of international conventions, without taking serious
measures to comply. On the other hand, victims and human rights NGOs
contest its discourse with evidence of abuse and demand justice. However, the
odds are stacked against victims as impunity reigns and the justice system
often operates under the influence of vested interests. The power to commu-
nicate injustice to a wider national and international community not only
reinforces the chances of success in a legal case, but also empowers victims in
their wider struggle for recognition and legitimacy. However, individual vic-
tims and communities alone frequently find it difficult to attract national or
international attention and may not be interested in or have the knowledge to
frame their demands in human rights terms. It is in this context that the
emergence of social movements, supported by civil society human rights
organisations, have helped frame demands and take strategic actions, capable
of significantly shifting the power dynamic to influence the political and
institutional agenda.
In looking at aspects of the uses of digital communications integrated into
the practices of the MPJD and Ayotzinapa 43 movement, it is clear that they
have added to the creative potential of movements, particularly attracting
younger generations to get involved. They also have enhanced the capacity of
victims and their supporters to influence the domestic political agenda, including
via international solidarity actions. However, the relative ease of involvement
coupled with excitement of participation in vibrant self-reflecting networks,
perhaps encourages an underestimation of the organisational problems
involved in sustaining movements beyond their initial burst of energy.
This tendency of movements to subside has been widely noted, and is fre-
quently identified as part of their ‘life cycle’, but digital communication may
assist in increasing their intensity and reducing their longevity. In the context
of Mexico’s transition, there is deep institutional resistance to transforming
the State so that it respects and protects human rights, as well as frequent
reliance on aggressive counter-measures to undermine claimants. The capa-
city of collective actors to emerge in specific contexts is evident, but their
ability to secure progressive social change remains in doubt and constantly
Social movements in support of the victims 143
under threat. The gaping void between institutional human rights rhetoric
and actual compliance is testament to that. Yet in the face of some of the
gravest violence and abuses committed in the region for decades, the dignified
human rights demands of victims, supported by sections of civil society, con-
tinue to act as a potent reminder of how far Mexico still needs to travel in
order to secure its democratic transition.
Notes
1 For example, Comité Eureka, founded by Rosario Ibarra after the enforced dis-
appearance of her son, Jesús Piedra Ybarra, in 1975.
2 The IACHR experts documented links between municipal and State authorities and
the criminal gang responsible for the killings and disappearances. It also provided
compelling evidence of a degree of federal police and military participation in the
events in Iguala, which, amongst other troubling issues, federal prosecutors and
police have made efforts to conceal (see IACHR reports available at www.oas.org/
es/cidh/actividades/giei.asp). AI, HRW and Open Society have documented collu-
sion between different levels of authorities in grave human rights crimes committed
by criminal gangs, as well as official failure to effectively investigate (see reports cited
in bibliography). Edgardo Buscaglia also identifies the routine failure to fully inves-
tigate links between organised crime and different authorities as key to impunity
and the failure of the militarised anti-crime strategy (Buscaglia 2013).
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Part III
Justice and reconciliation
from below
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7 Beyond disorder and the Constitution
Thinking about the law in regions of
violence (the case of Cherán)
Erika Bárcena Arévalo and
Orlando Aragón Andrade
Introduction
Asking about the place of law in regions of violence may have an obvious if
rather flippant answer: it is non-existent. However, in the Mexican case, as in
many others, the application of judicial remedies and the use of the language
of rights as a means of supporting social struggle, promoting state legitimacy,
and even to protect the actions of private companies, are definitely growing.
The trend allows us to ponder the relationship between the law and violence,
to think about its emancipatory potential, and to speculate whether it can be
used, particularly by social movements, to reverse patterns of everyday vio-
lence. In this respect the example of Cherán is particularly revealing. San
Francisco Cherán is an indigenous community of the Purépecha people. Over
the past five years, it has gained a degree of notoriety since in 2011 the people
of San Francisco Cherán (called from now on the comuneros) started a social
movement both against the deforestation of their lands and against the violence
inficted on the community by neighbouring groups involved in organised
crime.
In the absence of a response from the municipal, provincial or federal
authorities, the comuneros combined the mobilisation of their community
with a judicial process designed to legitimise their movement. This culminated
in a favourable judgement, which is now considered paradigmatic in relation
to the human rights of indigenous people. For the first time, the Mexican state
was forced to recognise indigenous peoples’ claim to self-determination,
autonomy and self-government as a judicial right. As a result, Cherán is today
the first formally recognised indigenous municipality, governed by a munici-
pal government structure which is chosen according to its usos y costumbres,
the customary and traditional legal and social institutions of indigenous
communities.
Unlike the model of the ayuntamiento, or town council, inherited from the
Spanish colonialists, the current municipal government of Cherán consists of
a series of collegiate bodies or councils, which are in charge of different
agendas and are directly responsible to the assemblies of each of the four
districts into which the community is divided. Councils include one devoted
150 Justice and reconciliation from below
to communal property, one to honour and justice, one to social, economic
and cultural programmes, one focused on young people, and one directed at
women. The overarching authority representing all the councils is the Greater
Council of Communal Government.
This process of self-determination, autonomy, and self-government has
made Cherán one of the safest municipalities in Michoacán. In fact, Cherán
provided a model for many of the more scrupulous members of the auto-
defensas, which rose up against the state’s drug trafficking organisations in
2013.1 Law and the legitimacy that springs from it have been key to the pro-
ject’s success. For the past two years we, as members of Emancipaciones, a
collective devoted to critical studies of the law and the humanities, we have
given judicial advice to the comuneros of Cherán.2 In so doing, we have man-
aged to gain unparalleled access to these communal ideas of the role of law.
This, in turn, has led us to consider the relationships between law and vio-
lence and between law and political emancipation. We rely on two theoretical
models. The first comes from US anthropologists Jean and John Comaroff,
and the second has been developed by Julieta Lemaitre and concerns the
sociology of law. Both engage with the relationship between law and violence
and what they term ‘legal fetishism’.
In general, this is correct. As the Comaroffs argue, with a few notable excep-
tions (like the World Social Forum) most of the time the law is inclined to
favour the interests of capital. But, outside such broad international contexts,
the law can also have emancipatory potential at the local level. Here, as in the
case of Cherán, the law has not so much replaced politics as been used as a
tool at the service of politics. Though Mexican law is often an instrument of
power that preserves the status quo, it also has cracks that can be exploited
by social movements to their own advantage (Santos 2003).
Beyond disorder and the Constitution 155
The comuneros of Cherán exploited such cracks. Indigenous rights to self-
determination had already been recognised and were introduced into the
Constitution in 2001. And in June 2011, in a climate of increasing violence, a
major reform was made to the Federal Constitution. From this point on the
international treaties on human rights ratified by Mexico were incorporated
into the country’s legal system. Authorities were now mandated to respect the
principles of human rights. Yet, despite these two constitutional changes, the
Electoral Institute of Michoacán (IEM) decided not to recognise Cherán’s
right to stand outside the usual electoral procedures. The IEM argued that
the state’s electoral law overrode such considerations.
Despite this initial decision, the comuneros of Cherán decided to challenge
the ruling by filing a complaint before the highest court in electoral matters,
the Superior Court of the Electoral Tribunal of the Federal Judicial Branch
(TEPJF). The trial was unprecedented; in most of the country the 2001 indi-
genous right to self-determination was a dead letter. And the comuneros’
willingness to file the complaint did not demonstrate any great faith in the
country’s legal system, but was rather a defensive measure designed to coun-
teract the stigmatisation of the movement as illegal by its opponents. It was also
designed to give the movement greater space to manoeuvre, by trying to keep
at least one foot in the institutional world (Aragón Andrade 2013).
On the day the challenge was filed in September 2011, the movement was
five months old. The decision did not arrive until November that year. During
the interim period, the community was still lined by barricades and dotted by
bonfires. The comuneros tried to maintain solidarity by using the time to com-
plete community work. All offers of help from representatives of organised
crime or the government were repelled. Thus, politics was not subsumed by the
law. Rather, the law acted as an adjunct to political action.
In November 2011, the TEPJF finally decided to recognise Cherán’s right
to self-determination. In so doing, it determined that the local authorities
could be chosen by usos y costumbres rather than by the procedures of elec-
toral democracy. The state government was forced to execute the court ruling,
stopped imposing electoral rules on the town, and now recognised the indi-
genous government of the Purépecha municipality of Cherán as a valid
interlocutor and political actor. The ruling also had broader consequences.
For example, in 2014 the Supreme Court of Justice of the Nation (SCJN)
issued a judgement on the State Constitution of Michoacán. According to the
comuneros of Cherán and other indigenous population centres, they had not
been consulted on changes to the Constitution with regards to indigenous
rights. The SCJN acknowledged the validity of their case and ordered the
state government to consult with the municipal authorities on all legislative
reforms affecting indigenous matters. Today the right to indigenous consulta-
tion is recognised in the law of citizen participation of the state. Here, the
effects of the consultation are binding (Aragón Andrade 2015a).
That is why, even when political action continued despite pressure from law
enforcement, the decree injected new energy into the movement: the TEPJF
156 Justice and reconciliation from below
recognised the community’s right to self-determination and that it would be
elected according to local customs rather than via the usual electoral
process.
With this ruling the state government was forced to implement the court’s
mandate and recognise the customs explicitly outlined in the resolution. It
also had to recognise what was now the Purépecha Municipality of Cherán as
an interlocutor and a relevant actor in the political context. This was parti-
cularly pertinent in 2014 when the Supreme Court of Justice issued a judge-
ment on proposals advanced by the traditional authorities of the municipality
for a reform to the Constitution of Michoacán concerning indigenous rights.
The SCJN acknowledged, as part of the powers of municipal authorities, the
right to prior, free and informed consultation as specified by legislative
reforms in indigenous matters. It thus gave Cherán a victory over the state’s
executive powers and the Michoacán legislature, allowing the municipality to
achieve the right to indigenous consultation as recognised by law (Aragón
Andrade 2015a).
It could be argued that in this case the law legitimised violence and simply
created more sources of sovereignty. But the project is in fact a relative oasis
of calm amid chaos. As such, the experience of Cherán suggests that there is
space between law and disorder. In this instance, the violence which created
the autonomous municipality is qualitatively distinguishable from other forms
of violence. At the same time, the law is not reduced to a fetishistic practice
that substitutes jurisprudence for politics.
That is the political commitment of law, and its necessity makes law not
only a practice in some areas of our countries, but also a political project.
What unites us in taking sides with the law […] is the political will to give
value to these bodies, to insist on their secular sacralization, to try to
build the social consensus that makes it part of the common sense shared
in the societies in which we live.
(Lemaitre 2011: 64)
As a result, the law does not monopolise violence to safeguard legal ends, but
to safeguard itself, because violence has the ability to found a new order of
relations and thus a new kind of law (Benjamin 2007).
To claim that violence and the law are mutually exclusive is equivalent to
denying the fact that daily violence occurs in places like Colombia or Mexico
as a result of the processes of neoliberalisation that are facilitated by the state.
Among the clearest examples of this are the areas where the state has granted
massive concessions to private capital, often for the exploitation of natural
resources. Although such concessions may be legal, they usually result from
the legalisation of displacement. The state shows its full force in the face of
challenges by local peoples, either via repression or the use of paramilitarism,
a privatised way of exercising police functions. The ‘norm’, then, is not neces-
sarily either the law or violence, but both are clearly related in increasingly
complex ways.
In fact, situations of severe violence have come to coexist with a constant
appeal to the law and state tribunals. As a consequence, the creation or
modification of public policies through judicial decisions, the legitimation or
revocation of legislative or executive decisions and the creation or extension
of individual and collective rights, have been increasingly subject to judicial
decision-making since the 1980s, giving rise to a particular phenomenon
known as the judicialisation of politics (Sieder et al. 2011).
As noted above, a common effect of this trend has been to substitute the
law for politics, with a wide range of actors employing human rights and
other kinds of law to achieve their objectives. Human rights legislation, for
example, is not exploited exclusively by progressive movements but also by
big transnational institutions like the World Bank.
If, as Lemaitre points out, violence is normalised in areas where progressive
law is seen at best as a farce, reversing such trends is extremely complex.
Normalisation adds to the fact that violence may even have legal origins and
can be based directly or indirectly on human rights. In the case of Cherán, the
movement emerged in a context of violence, but far from normalising vio-
lence and living with it, the community decided to face it and subvert it.
Although we are observing a case which has managed to construct an
Beyond disorder and the Constitution 159
alternative to violence, which is far from the rule, we do now see in many
areas the emergence of new social movements which are reacting against
plunder and violence.
As Cherán demonstrates, the popular government that emerged as a result
of social mobilisation highlighted the dignity and humanity of those involved.
This did not happen as a result of state law but instead developed from the
community’s own customs and practices. They attempted to respond to the crisis
of legitimacy of the major political parties and to the inevitable violence
engendered by the pursuit of neoliberal policies.
The Constitution and international treaties do provide legality and institu-
tional support to Cherán, but this is more as a result of a process of hybridi-
sation, where state law is employed to complement local knowledge and
culture. It is a rather complex context and one in which, as Lemaitre (2009)
advocates, the political commitment of activists should be with progressive
law and rights. At the same time, she asks whether this does not suggest that
progressive laws can function only if they are grounded in justice. The exis-
tence of a progressive legislation which recognises the humanity of the Other
and has this as its central premise can depend not only on the socio-historical
and geographical context but also on the promotion of a legal framework
which in turn promotes and establishes a political commitment. Again,
Lemaitre is useful here for an understanding of the utility of progressive law
as a means to an end:
The description of the self divided between ‘I know … and yet’ fits with
my own reaction, and that of activists and academics I have interviewed
on the subject of attachment to the law. We know well what the problems
are in the application of the law, and we also know that this is not, or
should not be, more than an instrument to reach an end. And yet desire,
pleasure, and pain exist in a space that is beyond any calculation of
usefulness resulting from victory or defeat.
(Lemaitre 2009: 388)
Notes
1 See this interview: ‘Entrevista al Dr. Mireles con Carmen Aristeguí’, www.youtube.
com/watch?v=WODxRRq2YQ4.
2 For the work of the Colectivo Emancipaciones, consult its web page, https://colecti
voemancipaciones.org/.
3 In this respect Aragón Andrade (2015b) argues that the experience in Cherán has
generated practices that tend towards a dismantling of the market, patriarchy and
neo-colonialisation, which are implicit in the hegemonic view of Mexican
democracy.
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Comaroff, J. and Comaroff, J. L. (2006) ‘Law and Disorder in the Postcolony: An
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Comaroff, J. and Comaroff, J. L. (2009) Ethnicity Inc., Chicago, IL: University of
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Comaroff, J. and Comaroff, J. L. (2012) Theory from the South: Or, How Euro-America
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8 Combing history against the grain
The search for truth amongst Mexico’s
hidden graves
Carolina Robledo Silvestre
The shame and silence of the innocent can mask the guilty silences of those
who are responsible.
(Primo Levi1)
Although the raw figures are still a matter of debate, official statistics now
recognise the disappearance of 28,168 people in Mexico over the last ten
years.4 Relative’s groups report that this number massively underestimates the
actual figure. Many people are still afraid to report their relatives as missing
because they fear and distrust the authorities. During my participation in the First
Search Brigade in Veracruz, held in April 2016, I had the opportunity of meeting
twenty-nine relatives of missing persons who had given DNA samples to inde-
pendent experts from the Autonomous University of the State of Morelos. Of
these, ten had not submitted any type of complaint for fear of reprisals:
How am I going to file the complaint if the same police patrol that took
my daughter makes rounds in front of my house and stops at the
entrance of my daughter’s school to keep an eye on us? It’s been two
months since my daughter disappeared and I have not approached a
government office. This is the first time I tell this to someone who is not
my family.
(Elena, mother of a young woman who disappeared
during the first half of 2016 in Córdoba, Veracruz)
There are the relatives of 211 disappeared in the association. I have found
46 bodies and I know I have about 30 in the mass grave that we have yet
to exhume. So I am missing more than 100 bodies, but I know there are
some that I will never find because they were fed to the crocodiles. For
years they had lakes with these animals that they fed with bodies and
only the bones remained. These bones were then crushed and buried. We
found a burial of many bits of bones but the prosecutor’s experts said
they were from animals, so they left them, without providing any proof. I
have to return for them.
(Mirna Medina, leader of the group The Searchers of El Fuerte, Sinaloa,
personal conversation, 12 May 2016)
We (Sandra and her husband) read the statement of the notorious Pozo-
lero in its entirety; it is such a large file (indicating with the fingers the
size of a thick book), and there he tells how, over the years, he perfected
Mexico’s hidden graves 167
the technique of dissolving the bodies. He explains how he experimented
with chemists until he found the formula that completely disintegrated
the body so that nothing remained.
(Sandra Ruelas, mother of a young man who disappeared in Tijuana in
2007, personal conversation, 11 May 2016).
This landscape of violence acts not only against the body of the victim, but
also acts as a kind of necropolitics against the social body, introducing forms
of control over the population including the right to kill, the right to do so
with extreme cruelty and the right to escape justice. However, this is not the
only way necropolitics shapes Mexican democracy. According to Ariadna
Estévez López (2015), the torment of dealing with government officials and
attempting to gain recognition for real grievances constitutes a form of
bureaucratic violence. From the moment of filing the complaint, family
members are immersed in a labyrinth of papers and procedures that can go
on for years. These are forms of microviolence that not only cause enormous
difficulties and frustrations for the victims’ families, but also very rarely cul-
minate in justice. Faced with this impunity, some relatives of missing persons
end up assuming the role of the investigator, and in doing so put themselves
at risk. For many, this is the only way to sidestep the institutional inertia that
fails to grant them recognition or guarantee their rights:
We have knocked on a thousand doors, and still have many more to go. I
am the one who has done most research. There is a choice: either we stay
at home crying and make ourselves victims again or we go out every day
to search for our son.
(María Guadalupe Fernández, mother of young person
disappeared in Monclova, Coahuila in 2009)
The research is done in official documents and in files, but not in the
field, where our children disappeared … All you want to do is to have
meetings to make it look like you’re searching for our children.
(Communiqué of the collective For the Love of Them, march
on 10 May 2016, Mother’s Day, author’s field diary)
The difficulty of getting bureaucrats to work for them has become all too
familiar to families of the disappeared. The accumulated fatigue, combined
with a lack of results, has generated a gradual awareness, not only of the
absence of the state, but also about its criminal character. It is not, however, a
phenomenon that only they encounter. The National Survey on Victimisation
and Perception of Public Security (2014) by the National Institute of Statistics
and Geography (INEG 2016) indicates that Mexicans in general perceive
impunity as one of their ten most important problems.
168 Justice and reconciliation from below
Impunity in Mexico manifests itself in the absence of criminal sanctions for
perpetrators of violent crimes as well as a lack of penalties for public officials who
deliberately block investigations. According to numerous reports, about 98 per
cent of violent crime goes unpunished. It is estimated that only about 20 per
cent of the total number of crimes committed are ever reported and only one in
every 100 complaints ends in a successful prosecution (Joint Report 2013).
For disappearances since 2006, no one has been prosecuted at the federal
level. Only six federal sentences have been handed down at all for such crimes
committed before 2005. The law relating to this crime considers three aspects:
finding the missing person; punishment of those responsible; and the offer of
reparations for the families of the victims. At present, none of these aspects is
dealt with by the state authorities despite advances in human rights legislation
and the creation of victim assistance programmes.
We do not seek justice; that time is long gone and we stopped doing that
a very long time ago; the only thing we are looking for is our missing. We
172 Justice and reconciliation from below
want to know where our relatives are, in the hope of embracing them or
at least to know where they are so we can light a candle for their
salvation.
(Julio Sánchez Pasilla of the Coahuila Life Group)
We say that we are not looking for those responsible in order to protect
ourselves. But the truth is that we all want justice; who wouldn’t want the
culprits to pay for what they’ve done to us?
(Juan Carlos Trujillo, Coordinator of the National Brigade for the Search
of Missing Persons, Amatlán, Veracruz, 9 April 2016)
In the case of the Rastreadoras de Sinaloa, ‘not seeking the guilty’ is the only
way to ensure any kind of collaboration with the state government in respect
of the technical aspects of locating and identifying:
If I told the government that I was looking for those responsible, they
wouldn’t even lend me their dog, never mind their forensic experts. It’s impos-
sible for the government to return the disappeared. Their motto is, if there are
no bodies, there are no dead, and therefore no disappeared. The government
will never deliver the disappeared because it’s not in their interest.
(Mirna Medina, The Searchers of El Fuerte, conversation
with the author, 10 May 2016)
I know who took my husband. He was a police officer and it was from
there that he was taken away. Of course they know who he is, they’re all
in it together, so there will never be justice.
(Yolanda, wife of police officer who was disappeared in San Blas,
Sinaloa, conversation with the author, 12 April 2016)
These activities are not about the pursuit of individual interests but are acts of
solidarity in which the searchers seek not only their loved ones but all those
who have disappeared. Searches present deep emotional dilemmas for relatives,
who simultaneously hope but also dread finding a family member:
When I go out in the hope of finding my son I wish he were there, but I
also hope that he isn’t. As I do not know, I keep looking for everyone, and
every day that I do not find mine, I still hope that he is alive while also
helping families find some peace.
(Estela, mother of missing youth in Córdoba, Veracruz)
That’s how it is Nuevo León. More than 50 per cent of the lines of
investigation are carried out by the families, but these surprisingly stop
whenever we entrust what we find to the authorities! That is why we’re
ready to take the next step, because, like you, we’re tired, like many rela-
tives, of trying to get blood out of a stone. And we are serious about
finding our children, brothers, grandchildren and sisters. We cannot wait
any longer.
(Mother of a missing youth in Nuevo León,
Whatsapp message, 30 October 2015)
The moral support that Mario of the Commitee of the Other Disappeared of
Iguala offers to his fellow searchers from other states has extended to prac-
tical support in the field. Not only did he participate in the First National
Brigade, leading the search for twelve days in Veracruz, along with one of his
colleagues from the Iguala Committee, but recently he also travelled to Chi-
lapa, Guerrero, to accompany the first relatives’ search, despite the serious
security risks they faced.
Emotional support is not necessarily confined solely to the relatives of
missing persons. In the searches in Amatlán the Brigade was based in the
village church, where Father Julián Verónica and people from the community
offered lodging, food and spiritual support. Members of the religious com-
munity expressed their support and appreciation to the families for promoting
the search in a place reduced to silence and fear. Likewise in Los Mochis
searches are accompanied by other supportive community members who help
find graves. Yet others, although they have already found their missing family
members, are still searching, along with friends and professionals who also
join the searches.
The act of unearthing and returning the disappeared to the world of the
living and leaving them to rest in an appropriate place helps restore the value
of those lives. However, this does not always happen:
The group The Other Disappeared have recovered 145 whole bodies and
more than 500 bones. Most of the bones have been recovered from the
graves on which the state prosecutor has worked. And apparently 15
bodies were delivered to their relatives without going through the hands
of an independent expert. The government washes its hands, claiming
that the family hasn’t asked for this.
(Brother of a young man disappeared in Iguala, Guerrero,
Whatsapp message, 16 May 2016)
Mexico’s hidden graves 177
Of the forty-six bodies that we have recovered, only sixteen have been
delivered to their families. The problem is identifying them; it takes a
long time to check all the information and there are always doubts about
whether it was done well or not. We deliver the bodies to the relatives and
hope they are those of their children, but it is something that we are never
sure about.
(Mirna Miranda, The Searchers of El Fuerte, conversation with the
author, 10 May 2016)
At the MPNDM meeting in Mexico City on 9 May 2016, the accurate identi-
fication of bodies was highlighted as the main difficulty in looking for the relatives
of missing persons, a problem which also characterises official investigations:
We’ve been waiting for the results of some DNA samples for four years.
Every time I call someone I know who works at the lab in Mexico City to
ask about them he tells me that it’s going to take much longer because
their priority is Guerrero.
(Fernando Ocegueda, Baja California United for the Disappeared,
telephone conversation with the author, 1 May 2016)
The absence of independent local experts means there are serious defi-
ciencies in exhumations in Mexico. Although many searches are self-managed,
identification nonetheless remains in the hands of the state and federal
authorities, which do not have the resources to fulfil the current demand for
their services. Faced with this deadlock, the Mexican Forensic Anthropology
Team have proposed the installation of a genetic identification laboratory at the
Autonomous University of the State of Morelos, which will be at the service of the
relatives, while the initiative, Citizen Forensic Science, has proposed the creation of
a biobank for genetic samples. These are encouraging initiatives, though totally
inadequate, given the immensity of the task.
Once I was looking for remains up in the hills. I went up there to look for
my son. At times I would come upon a ranch and probably looked like
an apparition. The farmhands would stare at me as if saying ‘where on
earth did she come from!’ Once I ran into a group of bad guys who
stopped their truck next to me and asked where I was going. I couldn’t
stand it and started to cry, I told them I was looking for my son, and that
they should let me keep looking. ‘You cry tears of gold, lady’, one of
them said, and off they went.
(Chely, mother of a missing young man in Piedras Negras, Tamaulipas)
While we were searching on the outskirts of San Blas with the group from El
Fuerte, Sinaloa, one of the members of the brigade, a woodcutter from the
area who had given notice of the bodies found, got separated from the group.
We searched for a couple of hours but we could not find him. He then told us
that he had skirted the hill on the other side because he had seen ‘the bad
guys’ above who were watching and so he decided to leave. During another
search with the Veracruz volunteers we were given a warning signal via radio
when we were going through the coffee plantations about an hour outside
town. Hours earlier the person who had pointed out the grave to us had told
us about the last time, two weeks previously, that someone had been taken
there in order to disappear them.
Many family members will say that the disappearance of their loved ones
has ‘killed everything in them, even fear’, and that they have nothing to lose
since they are now ‘the living dead’. The multiple forms of violence they have
had to face over the years allow them to relativise the risks they face and
develop a resistance that often puts their own lives at stake:
It’s up to all of us to control this, though there is more fear than before,
but we need to stick together, because the missing ones belong to every-
one and we need to fight hard; as Miguel Jiménez Blanco’s grandmother
used to say to us, ‘pray to God but fight back with the hammer’ and ‘I
will keep looking until I find you’… ‘and some day we will’.
(Brother of a young man disappeared in Iguala, Guerrero,
communication via Whatsapp, 30 November 2015)
Mexico’s hidden graves 179
The exhumation of clandestine graves defies the official version of the truth
which completely denies the fact of the disappearances. Disinterring the
bodies allows the activists to comb history against the grain and, although
this rarely results in legal justice, it does contribute to challenging the official
version which always minimises or denies the significance of the clandestine
graves.
An online exchange between members of the MPNDM about officials dis-
missing the conclusions of an Inter-American Commission on Human Rights
(IACHR) report, notes that the strategy of minimising the extent of forced
disappearance in Mexico is a strategy used to placate both domestic activists
and international observers:
The kinds of searches for human remains outlined above depart from the
procedures normally required in order to establish a climate of truth and justice
and form the basis of legal, officially sanctioned forensic searches. The sear-
ches in Mexico, however, also become acts of resistance and reject the pre-
established norms of reparations while giving voice to the pain of the victims
by highlighting the complexity and depth of their suffering.
As Juan Villoro notes, these are illegal but legitimate acts that create sites
of resistance: ‘if in Mexico fighting for justice becomes illegal, then long live
illegality’ (UAEM 2016, 31 May). For the victim who has waited endlessly for
some semblance of justice and spent hours in the bureaucratic labyrinths of
government offices and who has abandoned any hope of support from gov-
ernment representatives, the dilemmas and ethical boundaries which arise
when victims search for the disappeared are largely academic. Faced with this, as
social scientists we are forced to expand our own frames of reference, through a
dialogue and epistemology that allows for the horizontal circulation of
meanings among the subjects involved in exhumations.
Mexico’s hidden graves 181
In Mexico, where the state has abandoned its responsibilities, thereby leav-
ing citizens themselves to establish the truth and a minimal sense of justice,
the wider society will have to face up to the political and ethical dilemmas
involved in producing knowledge about criminal activities taking place
throughout the country. These are issues which the horrors of recent years
oblige us to confront if we are to restore any kind of stability and security.
Notes
1 Quoted in Alberto Cavaglion’s 1959 article, ‘Levi risponde alla figlia d’un fascista
che chiede la verità’, La Stampa, 20 January 2005, p. 29.
2 Fieldwork was carried out between 10 and 15 April 2015 in Los Mochis, Sinaloa
with the search group, The Searchers of El Fuerte (Rastreadoras de El Fuerte).
During my stay, I participated in two searches for clandestine graves in agricultural
lands in the area of San Blas (northern Sinaloa) and found remains of three
human bodies. Although I had previously been on exhumations in Tijuana, Baja
California, this was my first experience as a ‘citizen searcher’. In Tijuana, unlike
Sinaloa, the exhumation of the remains was carried out with the participation of
agents and experts from the Attorney General’s Office, who coordinated the
search. In the case of Los Mochis, the search and part of the exhumation was
carried out by the women of the group, who, after making a find, give notice to
State Attorney experts for the collection of the samples and their collation in the
genetic laboratory. It is clear that in both cases the location of the graves was
identified thanks to the investigation and search undertaken by relatives of missing
persons.
3 Clandestine graves are classified as those which do not fit within legal frameworks
and which do not meet the officially sanctioned protocols for the treatment and
administration of corpses. Overwhelmingly these graves are hidden in order to
conceal the crime of homicide. Mass graves, on the other hand, are those that are
located in public spaces where unidentified bodies are buried or abandoned.
4 Statistics from the Mexican government’s page, National Register of Missing or
Disappeared Persons (Registro Nacional de Datos de Personas Extraviadas o
Desaparecidas), accessed 4 May 2016: https://rnped.segob.gob.mx.
5 The San Fernando Massacre was committed by Los Zetas in August 2010 on the
El Huizachal ranch in San Fernando. The 72 executed – 58 men and 14 women –
were mostly immigrants from Central and South America. Investigations indicate that
they were assassinated after being kidnapped, because relatives would not pay a ransom,
and because they refused to do forced labour for the criminal organisation.
6 Although five years have passed since the discovery, the total amount of organic
matter found at the farms has yet to be uncovered owing to a lack of technical
equipment necessary to identify the remains, according to the authorities. In
addition, no security measures have been implemented to protect them and the
grounds have been abandoned. One area, donated to the group, the Baja Cali-
fornia United Association for the Dissappered (Asociación Unidos por los Desa-
parecidos de Baja California), has similarly been abandoned, apparently because
of lack of resources.
7 The searches and exhumations carried out by Grupo Vida bring together about
100 people, including members of the military, the Attorney General’s Office, the
Special Weapons and Tactics Group (GATE), police forensic experts and search
dogs trained in locating human remains along with relatives who also participate.
8 In 2015 the Jalisco forensic service (Semefo) processed permits to proceed with
cremations of bodies that had not been claimed for ten days and in order to
182 Justice and reconciliation from below
provide death certificates. The urns containing the ashes were accompanied by
medical and legal autopsy reports, alcohol and drug abuse tests, forensic photos,
fingerprints, dental records and, in a few cases, a genetic test. The cremation of
these bodies, which contradicts the principles of the right to the truth embodied in
the 2013 General Law of Victims, eliminates any chance of identifying these
people. Some families of missing persons have received urns but many refuse to
accept that they contain the remains of their loved ones.
9 Thanks to the efforts of María Concepción and Amalia Hernández Hernández,
mother and aunt of Oliver Wenceslado Rodríguez, kidnapped on 24 May 2013 in
Cuautla, Morelos, at least one clandestine grave was located in Tetelcingo, con-
taining at least 150 bodies. The pit, located on private land in a rural area of
Cuautla, was examined by members of the State Attorney’s Office, who did not
follow protocol and failed to provide adequate documentation relating to the
bodies. Some of the corpses lay next to plastic bottles which contained a paper
with the number of the research folder or data indicating their location, according
to the women who witnessed the event (‘Las fosas clandestinas de la Fiscalía de
Morelos’, Proceso, 5 November 2015). After pressuring the Prosecutor’s office they
managed to have Oliver exhumed in December 2014 and were thus able to record a
video of the process, at which point the scale and irregular character of the site
were revealed. At the time of writing, the families have ensured the right to have
an independent expert present from the Autonomous University of the State of
Morelos, in order to guarantee the correct procedure is followed.
10 The Movimiento por Nuestros Desaparecidos en México (Mexican Movement for
the Disappeared) was formed in mid-2015 to put forth a proposal for a General
Law on Forced Disappearance. It gathered opinions from diverse groups to pro-
mote political unity among victims’ families. It comprises more than thirty-five
family organisations from across the country and thirty civilian organisations. To
date it does not have an organisational structure and its discussions and meetings
have revolved around legislative processes and the search for missing persons.
11 This rallying cry recalls that used by groups of relatives of disappeared people
during the dirty war of the 1970s in Mexico.
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