Mexico

There are two instruments relevant to Mexico. 1. The 2012 Law establishes a comprehensive protection mechanism, aligning mostly with the Model Law. 2. The current draft law seeks to add substantive elements to the existing protection mechanism established in the 2012 Law, with elements related to the protection mechanism almost identical to the 2012 law.

Law for the protection of human rights defenders and journalists of 2012 and its Bylaw

Type of instrument: Protection Mechanism
Status: (as of 1 January 2022)
Law adopted on 30 April 2012
Bylaw adopted on 30 November 2012.

Comments on the instrument:
The Bill establishes a comprehensive mechanism for the protection of HRDs that aligns, for the most part, with the Model Law; the most notable absence is the lack of an independent review of the Mechanism’s decisions and functioning.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No

Mechanism on the protection of human rights defenders established in the instrument?
Yes. Main purpose of this bill is the establishment of the mechanism, in Article 12.

Comparison to the Model Law

Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Mexico, click here.

Key elements of the protection mechanism:

Provision	Covered?	Analysis / articles
Definition of Human Rights Defender	FULL	2
Cooperation with human rights defenders, civil society, and national and international human rights bodies	FULL	6, 8(V, VI), 16(VII), 28 / 49 BL
Training of mechanism’s personnel on HR and fundamental freedoms	FULL	5, 8(XVI), 9, 11, 13, 20, 22
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism	PART	65-67 / 28BL
Resources for adequate functioning of the Mechanism / transparency on resource usage	FULL	18(III,IV), 48-54, 63, 64 / 21BL
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)	FULL	44 / 68 BL
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	FULL	16(VIII)
Development of protocols and guidelines based on best practices to protect human rights defenders	FULL	8(III, 18(V,VI,VII), 19(VII), 28
Assist investigations for prosecuting offences against human rights defenders	PART	19(VIII) / 76, 77 BL
Granting of protective measures based off a specific risk assessment	FULL	8(I-V), 16(V), 35-39
Review / appeal of Mechanism decision before courts or independent authority	PART	16(IV,V,), 38, 55-62 / 106 BL
Confidentiality and personal data protection	FULL	63, 66 / 21BL
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	FULL	8(VII, IX,X,XIV,XV),16(VI), 45

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2012 law bylaw

Initiative of a general law to respect, protect, guarantee and promote the rights of human rights defenders and journalists

Type of instrument: Law & Protection Mechanism
Status: (as of 1 January 2022)
In progress, pending before Congressional Committee.

Comments on the instrument:
The initiative seeks to improve the 2012 law (Law for the protection of human rights defenders and journalists of 2012) by adding substantive elements to the existing protection mechanism. The draft law is an almost verbatim transcript of the Model Law, with substantive elements in the same order, while the articles related to the protection mechanism are almost identical to those in the 2012 law. Despite a few small improvements, the protection mechanism similarly lacks a process of supervision by an independent body, as the appeal process is carried out by the mechanism itself.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No

Comparison to the Model Law

Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on Mexico, click here

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision	Covered?	Analysis / articles
Definition of Human Rights Defender	FULL	6
Right to promote and protect human rights and fundamental freedoms	FULL	3, 5, 7(I)
Right to Form Groups, Associations, and Organisations	FULL	3, 7(II),
Right to Solicit, Receive and Utilise Resources	FULL	7(III)
Right to freedom of expression and to seek, receive and disseminate Information	FULL	7(IV), 8, 14.III
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations	FULL	7(VI, VII)
Right to participate in public affairs	FULL	7(VIII)
Right to Peaceful Assembly	FULL	7(IX)
Right to represent and advocate	FULL	7(X)
Right to freedom of movement	FULL	7(XI)
Right to Privacy	FULL	7(XII)
Freedom from intimidation or reprisal	FULL	7(XIII)
Freedom from defamation and stigmatisation	FULL	7(XIV)

State obligations regarding human rights defenders in the instrument?

Provision	Covered?	Analysis / articles
Obligation to respect, promote, protect and fulfil rights of human rights defenders	FULL	2, 14(I)(a)
Obligation to facilitate the activities and work of human rights defenders	FULL	14(I)(II)
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	3, 5, 14(V-VII)
Obligation to investigate, provide an effective remedy and ensure reparation	FULL	1, 3, 7(XVI), 14(VIII), 74, 126, 125-134

Mechanism on the protection of human rights defenders established in the instrument?
Mechanism established through article 1

Provision	Covered?	Articles
Cooperation with human rights defenders, civil society, and national and international human rights bodies	FULL	57, 59.IV-VII, 66.VII, 84, 104, 106
Training of mechanism’s personnel on human rights and fundamental freedoms	FULL	14.X, 61, 63, 72, 109, 140, 141
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism	FULL	14.X, 61, 63, 72, 109, 140, 141
Resources for adequate functioning of the Mechanism / transparency on resource usage	FULL	59.XV, 131-139, 151
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)	FULL	3(III), 3(XVIII), 14.II.e, 14.X
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	FULL	66.VIII, 67.b,
Development of protocols and guidelines based on best practices to protect human rights defenders	FULL	14.II.d, 59.III, 68.V- 68.VII, 106, 116
Assist investigations for prosecuting offences against human rights defenders	PART	86.VII, 159, 160
Granting of protective measures based off a specific risk assessment	FULL	59.I, 59.II, 66.V, 69, 71, 73, 76-96, 106, 114, 118, 124
Review / appeal of Mechanism decision before courts or independent authority	PART	142-149
Confidentiality and personal data protection	FULL	14.IV, 150
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	FULL	59.VII, 59.IX,59.X, 59.XIV, 66.VI 106

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General law initiative