BILL ANALYSIS                                                                                                                                                                                                    Ó



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       Date of Hearing:  June 23, 2015


          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY


                                Eduardo Garcia, Chair


       HR 5  
       (Cristina Garcia) - As Amended May 6, 2015


       SUBJECT:  Mexico and Human Rights


       SUMMARY:  Memorializes the Assembly's condemnation of the September  
       2014 forced disappearance and death of 43 college students in Iguala,  
       Mexico.  In adding its voice to the international censure of this  
       violation of human rights, California offers support to all those in  
       Mexico who are standing up for human rights and justice against  
       corruption and violence.  Specifically, this bill:   





       1)Makes findings and declarations that, among other things, state:



          a)   The 43 college students disappeared in Iguala, Mexico on  
            September 26th, 2014 and they add to the estimated 25,000 to  
            26,000 people who have disappeared in Mexico since 2006 including  
            poor migrants, indigenous people, and women and children; and

          b)   Mexico's Attorney General, Jésus Murillo Karam, announced in a  
            televised news conference on November 7, 2014, that evidence  
            indicates the 43 missing students had been executed and  








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            incinerated in the municipal dump of Cocula, Mexico, by the  
            Guerreros Unidos cartel at the behest of corrupt officials; and

          c)   The Director of the American Division of Human Rights Watch  
            described the murders in Iguala and an earlier massacre in  
            Tlatlaya, as "the worst atrocities we've seen in Mexico in years,  
            but they are hardly isolated incidents."

          d)   There has been international outcry regarding the deaths of  
            the missing students in Mexico from, among others, the United  
            Nations, the Parliament of the United Kingdom, the European  
            Parliament, and the international human rights community. 

       1)Resolves that the California State Assembly adds its voice to the  
         international community who has condemned the disappearance and  
         deaths of the missing college students from Mexico as a violation of  
         their human rights, of which the government of Mexico has failed to  
         acknowledge, and offers its support to the people of Mexico who are  
         standing up for human rights and justice against corruption and  
         violence.



       2)Resolves that the Assembly urges the government of Mexico to support  
         further dialogue between the international community, including the  
         United States, and human rights organizations on human rights  
         reforms.



       3)Directs the Chief Clerk of the Assembly to transmit copies of this  
         resolution to the author for appropriate distribution.   



       FISCAL EFFECT:  None


       








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       POLICY ISSUE FRAME:


       In September 2014, 43 students from a rural teacher-training college  
       disappeared in Iguala, Mexico.   While their disappearance made  
       international news and sparked demonstrations in many areas of the  
       world, the issues surrounding the event are not necessarily unique,  
       according to human rights groups.

       Human Rights Watch believes that more than 23,000 individuals in  
       Mexico have become victims of enforced disappearance.  These  
       disappearances affect the individuals who are taken, as well as their  
       families and communities.  When not proactively addressed, these  
       disappearances can also draw into question the foundation of the  
       country's rule of law.

       HR 5 asks that the California Legislature stand with others in the  
       international community and condemn those that instigated,  
       implemented, and withheld truth about the disappearance of the 43  
       students.  The resolution further urges the government of Mexico to  
       engage in further dialogue with the international community on human  
       rights reforms. 

       In the Comments section of the analysis there is additional  
       information about the circumstances and varying explanations as to  
       what happened in Iguala.  Background is also provided on follow-up  
       actions by the federal government, independent forensic groups, and  
       the United Nations' Committee on Enforced Disappearance, whose job it  
       is to oversee the implementation and the investigation of potential  
       violations under the International Convention for the Protection of  
       All Persons from Enforced Disappearance.

       COMMENTS:  


       1)Author's Purpose:  According to the author's statement, "When  
         President Pena Nieto addressed the California Legislature, he spoke  








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         of the reforms implemented during the first months of his  
         presidency.  What caught my attention were the reforms that 'focused  
         on safeguarding human rights and streamlining the process for  
         citizens to use this protective tool against abuses of authority  
         that violate their rights.'  As an activist and ardent supporter of  
         ethics in government, I was excited to hear about reforms that would  
         'foster accountability and transparency' throughout Mexico's  
         government.



         Passing reform laws are one thing, to actually be able to  
         investigate atrocities and corruption is another.  The message needs  
         to be that the laws apply to everyone and that the law will also  
         protect you and your rights.  Unfortunately, the actions of  
         Pena-Nieto's government is that it's business as usual where the  
         influence-peddling leads the way. 





         We need to be clear with these countries that if we are going to  
         engage in economic co-operation we will hold them accountable.   
         California is an economic powerhouse, the 8th largest in the world.   
         We are in position to insist that the Mexican government begin to  
         seriously address the injustices they have long been associated  
         with.  Our co-operation should not come without strings. "





       2)Information Sources:  Information used to prepare this analysis came  
         from a variety of sources including the United Nations, the Mexican  
         Embassy in the U.S., The New York Times, the Associated Press, the  
         Washington Post, teleSUR, The Wall Street Journal, The Christian  
         Science Monitor, National Public Radio, The Guardian, and The  
         Intercept.








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       3)Background on the Students' Disappearance:  On September 26, 2014,  
         43 students from a rural teacher-training college disappeared in  
         Iguala, Mexico, after what witnesses describe and evidence suggests  
         was the use of deadly force by local police.  In dispute is why the  
         students were detained, who made the call to have them detained, and  
         what ultimately happened to the students and their physical remains.  
          

         As to the first two points, opinions vary from trying to bar the  
         students from protesting at a local event on the mayor's orders, to  
         preventing the students' from attending the Mexico City  
         commemoration of the 1968 Tlatelolco student massacre, to  
         allegations that a rival gang had been passing through and were  
         believed to be among the students.  Many sources are reported as  
         believing there are direct ties between the local police, the mayor  
         and his wife, and a local gang.  A few sources suggest that there  
         was at least knowledge by the federal police of the students'  
         movements on the day in question.  The last reported sightings of  
         the students were in Iguala's city center and at the edge of the  
         city near the highway.





         The missing students were from the Ayotzinapa Normal School in  
         Guerrero, Mexico, which is also officially called the Raúl Isidro  
         Burgos Normal Rural School.  The school is one of 16 schools  
         established in Mexico to train rural teachers to help raise literacy  
         rates and standards of living among the rural poor, including the  
         high number of indigenous people who live in these areas.  Some  
         reports suggest that the disappearance of these 43 students is part  
         of the targeted suppression of the political ideas and actions of  
         students from the school, while others say their deaths are  
         representative of the 20,000 to 25,000 missing persons from  
         throughout the region and Mexico, overall.  

         In response to increasing public pressure, the Mexican government  
         ultimately launched a criminal investigation into the Iguala events,  








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         they describe as being on "a scale unprecedented in the country's  
         recent history."  The investigation is reported to have included the  
         detention of over 100 people including known gangsters and members  
         of Iguala's municipal police.  Among the top suspects are Iguala's  
         mayor and wife, both detained and questioned.  The (now former)  
         Mexican Attorney General Jésus Murillo Karam's official explanation  
         as to what occurred on the day the students went missing and what  
         became of their bodies has come under significant question.  Much of  
         the evidence for the government's account relies on witness  
         testimonies, which some believe had been extracted under possible  
         torture or duress.  Reports by independent investigators and  
         university scientists have also pointed to discrepancies in the  
         government's account as well as violations of key forensic protocols  
         by federal investigators.

         As of June 20, 2015, the students remain missing and are generally  
         believed to be dead.  The students' families are reported to be  
         angry and distrustful of their government's commitment to find and  
         disclose what happened to the college students.  Many Mexicans are  
         reported to have seen this event as symbolic of their nation's  
         systemic problems with corruption and violence.  The disappearance  
         of the students has sparked many protests in Mexico and other areas  
         of the world including the United States.  On March 26, 2015, the  
         parents of the missing students and thousands of supporters  
         demonstrated at the federal elections office in Mexico City to ask  
         that the June 7 2015 elections in the state of Guerrero be  
         suspended.



       4)Discrepancies in the Investigation:  The official explanation of the  
         students' disappearance was that they had been killed by gang  
         members.  The gang then burned their bodies at a dump, placed their  
         remains in garbage bags, and threw the bags into a river outside the  
         City of Cocula.  The Mexican government's account, they say, is  
         based on forensic samples sent to a lab in Austria for review, as  
         well as their own assessment of the purported crime scenes.  

         Many in the public believe that the government's own accounts and  








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         timeline draw this conclusion into question.  According to reports,  
         Attorney General Murillo Karam made a December 2014 announcement  
         that the Austrian experts were only able to determine that one  
         fragment from one of the samples belonged to one of the disappeared  
         students.  The Austrian experts had determined that the other  
         samples were too severally degraded to likely yield positive  
         results.  Just weeks later, in January 2015, the Mexican government  
         announced that the other 42 students shared the fate of the student  
         whose fragment was identified by the Austrian lab.



         Not satisfied that the government's investigation would be  
         sufficiently comprehensive, a number of the parents of the  
         disappeared students sought help from the Argentine Forensic  
         Anthropology Team (EEAF).  The EEAF was established in 1986 with the  
         aim of developing forensic anthropology techniques to help locate  
         and identify the Argentinians who disappeared during the military  
         dictatorship.  Since inception, it is reported to have provided  
         international assistance in nearly 30 countries.





         Based on their own research and investigative experience, the EEAF  
         released it's a report in February 2015.  The EEAF report states  
         that the organization could not confirm the official explanation of  
         the Mexican government because the federal investigators violated  
         their agreement to work collaboratively with the EEAF.  The EEAF has  
         said that, among other things, they were not present when the bags  
         allegedly containing the students' remains were removed from the  
         river nor were they given advance notice for when the government  
         collected ballistics evidence and soil samples from the Cocula dump  
         back in November 2014.  In another example, the EEAF has stated that  
         forensic protocols were violated when the government failed to  
         comprehensively survey the dump site by only analyzing 30 of the 137  
         sections. This caused the EEAF to suggest that the government  
         searched only for evidence that matched with its account of what  








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         allegedly occurred to the students.





         Other concerns were raised in a joint report by the Scientists at  
         the Universidad Nacional Autónoma de Mexico and the Universidad  
         Autónoma Metropolitana that questions the official account of what  
         happened to the students' remains.  Among other discrepancies, the  
         scientific report states that burning 43 bodies would have required  
         many more tons of logs, pounds of gasoline, and/or tires than could  
         be gathered at the dump without notice and given the small timeframe  
         described by the government's account.  Further, the report states  
         that the smoke from a fire of that size would most likely have been  
         noticed by someone in the area.





         Based on these and other incidences, many sources suggest that the  
         level of complicity with corruption and violence is much broader  
         than the federal government has conveyed in its account which seeks  
         to place blame solely on local actors.   





       5)The United Nations High Command on Enforced Disappearance:  In  
         February 2015, the United Nation's Committee on Enforced  
         Disappearances (Committee) met to receive and consider Mexico's  
         report on its adherence to the International Convention for the  
         Protection of All Persons from Enforced Disappearance.  Plans for  
         this meeting appear to predated the incidences in Iguala.











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         According to the official summary of the proceedings, the delegation  
         leader from Mexico opened their official remarks stating that "his  
         Government recognized that, despite the significant progress made in  
         promoting human rights in his country, challenges remained to be  
         overcome, especially in view of the recent events in Iguala, which  
         had sparked indignation and condemnation around the world.  Both the  
         Government and society of Mexico were committed to seeking the truth  
         about those events and bringing the guilty parties to justice."





         One of the areas of progress was Mexico's willingness have the  
         Inter-American Commission on Human Rights provide technical  
         assistance.  In discussing the role of the group of independent  
         experts recently appointed by the Inter-American Commission on Human  
         Rights, the Attorney General of the Republic of Mexico said that  
         Mexico was open to constructive criticism and welcomed assistance  
         from other international institutions, but also pointed out that  
         work should be based on a shared agenda for advancing human rights  
         "rather than denunciation."





         The delegation from Mexico also informed the Committee on actions  
         Mexico had taken to prevent a reoccurrence of the events in Iguala,  
         including the announcement of 10 measures by the President of Mexico  
         to "strengthen security, justice and the rule of laws on the  
         prevention of torture and enforced disappearance, the establishment  
         of a national missing persons search system and the adoption of  
         procedures for ensuring that investigations into enforced  
         disappearances were timely, exhaustive and impartial."












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         As part of the review of Mexico's report, the Committee also met  
         with Mexican NGO Tlachinollan and some of the families of victims of  
         forced disappearance.  According to news reports, the group made  
         formal acquisitions against the government's investigation into the  
         disappearance of the 43 students in Iguala, as well as the other  
         23,000 other reported missing persons.





         As a signatory to the Convention, Mexico agrees to abide by its  
         provisions, including investigations into potential violations of  
         its covenants.  During the February 2015 meeting, the Committee  
         acknowledged that it had formally apprized the government of Mexico  
         that it believed it had received reliable information as to a  
         possible serious violation of the Convention and that an official  
         visit of one or more of its Committee members was warranted,  
         pursuant to Article 33 of the Convention.  





         In explaining the scope of the Article 33 official visit and local  
         review, one Committee member clarified "that while the Committee did  
         not intend to focus exclusively on the events of Iguala, the manner  
         in which the State investigated those events, punished those  
         responsible and ensured that such crimes did not reoccur would be  
         viewed by the entire world as a test of resolve."





       6)Technical Amendment:  The author may wish to clarify the phrase "of  
         which the government of Mexico has yet to even acknowledge," page 2,  
         lines 23 and 24.








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       7)Related Legislation:  Below is a list of bills from the current and  
         prior sessions.



          a)   SR 7 (Lara) Mexico and the Disappearance of 43 Students:  This  
            resolution adds the voice of the Senate to those in the  
            international community condemning the disappearance and deaths  
            of the missing college students from Mexico as a violation of  
            human rights; offers support to all those in Mexico standing up  
            for human rights and justice against corruption and violence; and  
            urges the government of Mexico to support further dialogue  
            between the international community, including the United States,  
            and human rights organizations on human rights reforms.  Status:   
            Adopted by the Senate, 02/02/2015.



          b)   AJR 15 (Alejo) Colombia Free Trade Agreement and the  
            California Cut Flower Industry:  This resolution memorializes to  
            the U.S. Congress and the U.S. President that California  
            encourages the federal government to consider the jobs and  
            economic role that the California floriculture industry provides  
            California when advancing free trade agreements, specifically  
            with Colombia.  



       Among other things, the resolution declares that:  (1) Over 75% of  
       domestically grown flowers are grown in California; (2) countries  
       participating in the Andean Trade Preference Act supplied 82% of the  
       total value of U.S. imports of fresh cut flowers in 2009; (3)  
       Colombian exports to the U.S. increased 89% between 2002 and 2010,  
       resulting in a rapid decline in the number of domestic flower growers;  
       and (4)  Floriculture is an important California industry that must be  
       considered as the U.S. works to advance the pending U.S. - Colombia  








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       Trade Promotion Agreement.  Status:  Chaptered by the Secretary of  
       State - Res. Chapter 122, Statutes of 2011.





          c)   AJR 27 (Torrico) United States-Columbia Free Trade Agreement:   
            This resolution memorializes Congress that the California  
            Legislature opposes the United States-Colombia Trade Promotion  
            Agreement, which was signed on November 22, 2006, and is  
            currently being reviewed by the Office of the United States Trade  
            Representative.  



       Among other things, the resolution declares that: (1) Violence against  
       trade unionists persists to this day, with over 500 unionists having  
       been murdered during the administration of current Colombian President  
       Alvaro Uribe; (2) The Office of the Attorney General of Colombia has  
       secured convictions in only about 5% of the over 2,700 cases of murder  
       of trade unionists, and in the vast majority of cases, the person  
       convicted of the crime is not the originator of the crime, but rather  
       carried out the order to kill; (3) Defamatory remarks regarding trade  
       unionists and human rights defenders in Colombia delegitimize the  
       important and valued work of human rights defenders and place  
       individuals and entire organizations at the grave risk of physical  
       retaliation; and 4)  The United Nations Special Rapporteur on  
       Extrajudicial Executions, Phillip Alston, recently found that killings  
       of innocent civilians by the armed forces have occurred throughout the  
       country.  Status:  The resolution was adopted - Resolution Chapter  
       145, Statutes of 2010.


       REGISTERED SUPPORT / OPPOSITION:












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       Support


       California Immigrant Policy Center


       Opposition


       None received




       


       Analysis Prepared by:Toni Symonds and Benjamin Arriaga/ J., E.D., & E.  
       / (916) 319-2090