More than seven weeks(!) after winning the election, governor-elect Gabino Cué was finally able to convince outgoing governor Ulises Ruiz of sitting down for a meeting. Ruiz' failure to meet his successor, as well as a rash of legislative initiative to secure his impunity, is another testimony to the absurdity of having to wait six months from election day until assumption of power. A little over a week ago, the local PRI-dominated congress om its "own initiative" decided to exonerate Ruiz for the massive human rights violations - the gunning down of protesters - on his watch; just recently, the same state congress approved Ruiz' cuenta pública, or public expenditure, despite reports of a budget deficit of a billion pesos.
What remains to be seen is exactly to what lengths Cué will go to in order to end Ruiz impunity and launch his own investigations of Ruiz' many institutional transgressions and what is likely to be uncovered as massive corruption. In the meantime, Ruiz' will have 100 days more in office to cover his tracks: This, unfortunately, is what the "transition period" entails.
Tuesday, August 24, 2010
Recommended source in English on the rule of law in Mexico: Justice in Mexico project
The Justice in Mexico project, part of the The Transborder Institute of San Diego, CA, and headed by academic and Mexico specialist David Shirk, offers plenty of useful reports on the rule of law and justice in Mexico. One fairly straightforward source that is quite readable and accurate and offered in English is their monthly news report, which offers a run-down of the most significant rule of law developments in Mexico at both national and state levels. The project also offers a blog. Both are worth checking out.
Sunday, August 22, 2010
Cardinal Juan Sandoval Iñiguez: No man of god, but a trajectory of infamy
Cardinal Juan Sandoval of Guadalajara is the subject of an article in Milenio Semanal, the weekly supplement to the newspaper Milenio. It is a highly recommended introductory summary to the dark story of Sandoval Iñiguez' life, and is not pretty reading. To begin:
On protestants: "To be a protestant, one cannot have any shame"
On women rape victims: "Women should not go around being so provoking; because of this there are so many rapes."
The cardinal's role has always been eminently political in nature, as he has organized opposition to the use of condoms, sex education, emergency contraceptive pills, and, of course, his recent activism on the subject of gay marriage.
Yet as the article touches upon, he has also been under investigation by SIEDO (Subprocuraduría de Investigación Especializada en Delincuencia Organizada), or the special office for investigating organized crime, as well as UEIORPIFAM (the real title is far too long!), which specializes in economy crimes, for possible money laundering. The investigation petered out, allegedly due to political pressures, as Sandoval is a very powerful and well-connected man. He is very close to infamous governor of Jalisco Emilio González Márquez, who caused a scandal when he sought to "donate" more than 15 million pesos of state money to a church (the governor famously responded to the critics of this blatant theft from the state coffer and violation of church-state separation, with the exhortation that they "go fuck their mothers").
Yet there is much more. An investigation by Sanjuana Martínez relates how the cardinal was not only close to the infamous serial pedophile Marcial Maciel, of the Legionares of Christ, but helped found Casa Alberione, a church institution in Tlaquepaque that claims to treat "addictions" of pedophile priests but has been denounced as a safe house for pederasts. Sandoval, as other high members of the Mexican catholic clergy, has notoriously rejected organizations helping the church's victims such as SNAP(Survivors Network of those Abused by Priests) for merely being in it for the money, rather than addressing their complaints.
Martínez, in her 2008 investigation, interviews at depth Jorge Carpizo - former UNAM rector, minister (justice) of the Supreme Court, and president of the Human Rights Commission, among other offices - who was Attorney General for a period under the government of Carlos Salinas, and pressed the criminal charges of money laundering and illicit enrichment mentioned in the Milenio Semanal article. Carpizo notably accuses the investigation of having stalled after much political pressure: The cardinal simply has too much powerful friends in high places. As such, this hardly warrants much optimism regarding the recent suit against the cardinal.
The article, Cardenal de los Ricos by Sanjuana Martínez, in Jorge Zapeda Patterson's Los Intocables from 2008, is very well worth further read on the subject of cardinal Sandoval. I'll let Carpizo have the final word here (p. 18):
On protestants: "To be a protestant, one cannot have any shame"
On women rape victims: "Women should not go around being so provoking; because of this there are so many rapes."
The cardinal's role has always been eminently political in nature, as he has organized opposition to the use of condoms, sex education, emergency contraceptive pills, and, of course, his recent activism on the subject of gay marriage.
Yet as the article touches upon, he has also been under investigation by SIEDO (Subprocuraduría de Investigación Especializada en Delincuencia Organizada), or the special office for investigating organized crime, as well as UEIORPIFAM (the real title is far too long!), which specializes in economy crimes, for possible money laundering. The investigation petered out, allegedly due to political pressures, as Sandoval is a very powerful and well-connected man. He is very close to infamous governor of Jalisco Emilio González Márquez, who caused a scandal when he sought to "donate" more than 15 million pesos of state money to a church (the governor famously responded to the critics of this blatant theft from the state coffer and violation of church-state separation, with the exhortation that they "go fuck their mothers").
Yet there is much more. An investigation by Sanjuana Martínez relates how the cardinal was not only close to the infamous serial pedophile Marcial Maciel, of the Legionares of Christ, but helped found Casa Alberione, a church institution in Tlaquepaque that claims to treat "addictions" of pedophile priests but has been denounced as a safe house for pederasts. Sandoval, as other high members of the Mexican catholic clergy, has notoriously rejected organizations helping the church's victims such as SNAP(Survivors Network of those Abused by Priests) for merely being in it for the money, rather than addressing their complaints.
Martínez, in her 2008 investigation, interviews at depth Jorge Carpizo - former UNAM rector, minister (justice) of the Supreme Court, and president of the Human Rights Commission, among other offices - who was Attorney General for a period under the government of Carlos Salinas, and pressed the criminal charges of money laundering and illicit enrichment mentioned in the Milenio Semanal article. Carpizo notably accuses the investigation of having stalled after much political pressure: The cardinal simply has too much powerful friends in high places. As such, this hardly warrants much optimism regarding the recent suit against the cardinal.
The article, Cardenal de los Ricos by Sanjuana Martínez, in Jorge Zapeda Patterson's Los Intocables from 2008, is very well worth further read on the subject of cardinal Sandoval. I'll let Carpizo have the final word here (p. 18):
"It turns out that this gentleman commits the most serious of affronts to mankind. And that this gentleman is supposedly a representative of god on earth, yet commits so many sins. Can cardinal Sandoval Iñiguez really believe in God? Or is he simply a true hypocrite?"
The specter of violence is looming as a consequence of the church hate speech
Yesterday's events in downtown Guadalajara are frightening, for so many reasons.
Civil society groups defending sexual diversity and separation of church and state had announced they would hold a demonstration the Plaza de Armas. Yet a group of catholic activists got hold of the demonstration, arrived early, and prevented them from displaying banners repudiating cardinal Juan Sandoval's recent declarations.
The level of discourse? From the catholic activists: "Go adopt a dog, fags!"
Such hate speech is far from isolated to a few extremist activist elements in the streets; they merely mimick Sandoval's infamous "Would you like to be adopted by a pair of lesbians or fags?"
The frightening implication is: When the Mexican church's own leaders, rather than calling for tolerance, respect, and love for the other, are directly responsible for whipping up such hatred, when will it come to blows?
Moreover, yesterday's demonstration also shows the proximity of the most most reactionary, pre-enlightenment, homophobic, inteolerant, misogenic sectors of the church with the state government: Two of governor Emilio González Márquez' own sons joined the catholic activists in preventing the pro-gay groups from demonstrating.
Civil society groups defending sexual diversity and separation of church and state had announced they would hold a demonstration the Plaza de Armas. Yet a group of catholic activists got hold of the demonstration, arrived early, and prevented them from displaying banners repudiating cardinal Juan Sandoval's recent declarations.
The level of discourse? From the catholic activists: "Go adopt a dog, fags!"
Such hate speech is far from isolated to a few extremist activist elements in the streets; they merely mimick Sandoval's infamous "Would you like to be adopted by a pair of lesbians or fags?"
The frightening implication is: When the Mexican church's own leaders, rather than calling for tolerance, respect, and love for the other, are directly responsible for whipping up such hatred, when will it come to blows?
Moreover, yesterday's demonstration also shows the proximity of the most most reactionary, pre-enlightenment, homophobic, inteolerant, misogenic sectors of the church with the state government: Two of governor Emilio González Márquez' own sons joined the catholic activists in preventing the pro-gay groups from demonstrating.
Saturday, August 21, 2010
Despite washing his hands, Daniel Karam of IMSS under attack for denying gay rights
A couple of days ago, Daniel Karam, head of Mexican Social Security (IMSS), declared IMSS would refuse gay couples access to social security, despite the recent Supreme Court decision that gay couples are constitutional. Karam's reasoning, a hand-washing worthy of a Pontius Pilate, was the following:
The IMSS statutes does not explicitly mention gays, hence, IMSS have to wait for Congress to change the statutes.
Karam: "It is not my place to say whether I am in favor or against a change in the law; it is my place to apply it as it is."
This is quite pathetic. Given the salience of the issue and the recent Supreme Court interpretation, as the IMSS statutes stand, one hardly need to engage in institional engineering to interpret that gay couples, who certainly do pay taxes to IMSS, should have the same rights to e.g. social security, medical attention, or kindergarten services that straight couples are entitled to, in case of the death of a IMSS-registered partner.
(as gays are not mentioned in the IMSS charter, does that mean they do not have to pay IMSS contributions either?)
Regardless, health secretary Ángel Córdova Villalobos, a possible presidential contender, responded favorably to "initiating a debate" on the issue. Already, one IMSS client has filed an injunction against IMSS for its refusal to register her partner. So far only one political party, the PRD, is standing up for equal social rights for gay couples .
The IMSS statutes does not explicitly mention gays, hence, IMSS have to wait for Congress to change the statutes.
Karam: "It is not my place to say whether I am in favor or against a change in the law; it is my place to apply it as it is."
This is quite pathetic. Given the salience of the issue and the recent Supreme Court interpretation, as the IMSS statutes stand, one hardly need to engage in institional engineering to interpret that gay couples, who certainly do pay taxes to IMSS, should have the same rights to e.g. social security, medical attention, or kindergarten services that straight couples are entitled to, in case of the death of a IMSS-registered partner.
(as gays are not mentioned in the IMSS charter, does that mean they do not have to pay IMSS contributions either?)
Regardless, health secretary Ángel Córdova Villalobos, a possible presidential contender, responded favorably to "initiating a debate" on the issue. Already, one IMSS client has filed an injunction against IMSS for its refusal to register her partner. So far only one political party, the PRD, is standing up for equal social rights for gay couples .
Finally, interior ministry offers a (tepid) response to the church attack on the Mexican state
Almost a week after various members of the Mexican catholic high clergy broke almost any conceivable law regulating the church's involvement in politics - strictly circumscribed according to the Constitution - and viciously attacked the country's institutions and democratic process, the Ministry of the Interior finally owed up to its institutional role of defending them.
Well, sort of. The Interior Ministry acknowledged it had received the legal complaints from the national PRD and from the Government of Mexico City and is currently investigating them, while calling rather tepidly, and vaguely, for the "recognition and respect for the institutions and laws of the country"
The church's rights and limitations to engage in public and political debate are circumscribed by the Constitution, above all article 130, as well as the Ley de Asociaciones Religiosas y Culto Público, which, although watered down quite a bit by Salinas, is quite clear on these topics. It is well worth a read, and can be found here.
As for the church's recent denigration of the Mexican state, the most relevant parts are found in its Article 29:
ARTICULO 29.- Constituyen infracciones a la presente ley, por parte de los sujetos a que la misma se refiere:
I. Asociarse con fines políticos, así como realizar proselitismo o propaganda de cualquier tipo a favor o en contra de candidato, partido o asociación política algunos;
II. Agraviar a los símbolos patrios o de cualquier modo inducir a su rechazo;
III. Adquirir, poseer o administrar las asociaciones religiosas, por sí o por interpósita persona, bienes y derechos que no sean, exclusivamente, los indispensables para su objeto, así como concesiones de la naturaleza que fuesen;
IV. Promover la realización de conductas contrarias a la salud o integridad física de los individuos;
V. Ejercer violencia física o presión moral, mediante agresiones o amenazas, para el logro o
realización de sus objetivos;
VI. Ostentarse como asociación religiosa cuando se carezca del registro constitutivo otorgado por la Secretaría de Gobernación;
VII. Destinar los bienes que las asociaciones adquieran por cualquier título, a un fin distinto del previsto en la declaratoria de procedencia correspondiente;
VIII. Desviar de tal manera los fines de las asociaciones que éstas pierdan o menoscaben gravemente su naturaleza religiosa;
IX. Convertir un acto religioso en reunión de carácter político;
X. Oponerse a las Leyes del País o a sus instituciones en reuniones públicas;
XI. Realizar actos o permitir aquellos que atenten contra la integridad, salvaguarda y preservación de los bienes que componen el patrimonio cultural del país, y que están en uso de las iglesias, agrupaciones o asociaciones religiosas, así como omitir las acciones que sean necesarias para lograr que dichos bienes sean preservados en su integridad y valor; y,
XII. Las demás que se establecen en la presente ley y otros ordenamientos aplicables.
Cardinal Sandoval's recent contribution to the political climate is to claim the Supreme Court "committed treason" against the country, the family, marriage, etc.
As far as I can see, Sandoval and the church are the ones committing treason against Mexico.
Well, sort of. The Interior Ministry acknowledged it had received the legal complaints from the national PRD and from the Government of Mexico City and is currently investigating them, while calling rather tepidly, and vaguely, for the "recognition and respect for the institutions and laws of the country"
The church's rights and limitations to engage in public and political debate are circumscribed by the Constitution, above all article 130, as well as the Ley de Asociaciones Religiosas y Culto Público, which, although watered down quite a bit by Salinas, is quite clear on these topics. It is well worth a read, and can be found here.
As for the church's recent denigration of the Mexican state, the most relevant parts are found in its Article 29:
ARTICULO 29.- Constituyen infracciones a la presente ley, por parte de los sujetos a que la misma se refiere:
I. Asociarse con fines políticos, así como realizar proselitismo o propaganda de cualquier tipo a favor o en contra de candidato, partido o asociación política algunos;
II. Agraviar a los símbolos patrios o de cualquier modo inducir a su rechazo;
III. Adquirir, poseer o administrar las asociaciones religiosas, por sí o por interpósita persona, bienes y derechos que no sean, exclusivamente, los indispensables para su objeto, así como concesiones de la naturaleza que fuesen;
IV. Promover la realización de conductas contrarias a la salud o integridad física de los individuos;
V. Ejercer violencia física o presión moral, mediante agresiones o amenazas, para el logro o
realización de sus objetivos;
VI. Ostentarse como asociación religiosa cuando se carezca del registro constitutivo otorgado por la Secretaría de Gobernación;
VII. Destinar los bienes que las asociaciones adquieran por cualquier título, a un fin distinto del previsto en la declaratoria de procedencia correspondiente;
VIII. Desviar de tal manera los fines de las asociaciones que éstas pierdan o menoscaben gravemente su naturaleza religiosa;
IX. Convertir un acto religioso en reunión de carácter político;
X. Oponerse a las Leyes del País o a sus instituciones en reuniones públicas;
XI. Realizar actos o permitir aquellos que atenten contra la integridad, salvaguarda y preservación de los bienes que componen el patrimonio cultural del país, y que están en uso de las iglesias, agrupaciones o asociaciones religiosas, así como omitir las acciones que sean necesarias para lograr que dichos bienes sean preservados en su integridad y valor; y,
XII. Las demás que se establecen en la presente ley y otros ordenamientos aplicables.
Cardinal Sandoval's recent contribution to the political climate is to claim the Supreme Court "committed treason" against the country, the family, marriage, etc.
As far as I can see, Sandoval and the church are the ones committing treason against Mexico.
First effects of UN criticism: Guanajuato moves toward lowering abortion penalties
Following the recent visit of a UN mission to examine the atrocious human rights situation for women in Guanajuato, the State Human Rights Attorney's office recommended to the state congress that penalities for illegal abortion. Currently, a woman can receive 25-35 years in prison for having an abortion, including a spontaneous abortion, in Guanajuato, and governor Juan Manuel Oliva, for his part, proposed reducing this to 3-8 years.
The state human rights attorney is quite a misnomer - its protagonism is minimal, and it notoriously continues to deny that any woman in Guanajuato is locked up for the aforementioned crime, despite plenty of evidence to the contrary - and has absolutely no independent authority from governor Oliva. Yet these recent declarations, which may at the very least be considered a step forward, serve to illustrate that international pressures still matters.
The state human rights attorney is quite a misnomer - its protagonism is minimal, and it notoriously continues to deny that any woman in Guanajuato is locked up for the aforementioned crime, despite plenty of evidence to the contrary - and has absolutely no independent authority from governor Oliva. Yet these recent declarations, which may at the very least be considered a step forward, serve to illustrate that international pressures still matters.
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