Previously, it was a habit to meet with them. These people (the current president of the CNDH) simply pushed us aside.”
Lucía de los Ángeles Díaz, director of the Solecito collective.
The National Human Rights Commission (CNDH) presented a Constitutional Reform initiative that would elevate it to the rank of the National Defender of People’s Rights.
In a statement, it was reported that the president of the institution, María Rosario Piedra Ibarra, told the Permanent Commission of the Congress of the Union that the CNDH has been experiencing a deep crisis for three years, although more actions of unconstitutionality, recommendations and the completed files are larger, but the time has come to consolidate changes through a reform.
Piedra Ibarra considered that this reform should not be cosmetic, but should be focused on a change that puts the victims and those who are in danger of being victims at the center.
Among the proposals made by the president of the CNDH, to reform Article 102 section B of the Political Constitution of the United Mexican States and the Law of the National Human Rights Commission, is incorporating the principle of pro persona in all CNDH actions.
Also the power to incorporate precautionary measures to protect human rights.
“That the CNDH has the power to force compliance with the recommendations it issues, without depending on another body.”
In addition to forcing the existence of pluralism and gender balance in the composition of the Commission and in all positions.
Similarly, it suggests that the members of the Advisory Council and the head of the national ombudsman be elected by the people and do not have the opportunity to be re-elected.
It should be noted that, as it is a modification to an article of the Constitution, a qualified majority is required (334 votes, of the 500 legislators in the Chamber of Deputies or 85 of 128 legislators in the Senate) for a reform of this type advance through any of the legislative enclosures.
Experts agreed that the reform sought by Rosario Piedra Ibarra is not necessary, since the CNDH currently has the tools to make the necessary changes in terms of human rights.
Edith Olivares Ferreto, director of Amnesty International, commented that currently the Commission already has some of the points that it seeks to improve in the reform, such as the incorporation of the pro persona principle or the power to require agencies or institutions to comply with the recommendations issued.
“Some changes that are denounced in the statement, the CNDH already has those powers… the (legal) figure that the Human Rights Commission currently has is sufficient, it is attached to international standards and what we require is that the Commission develop the work that has been carried out and carried out in the past years”, he said.
Alberto Del Castillo Del Valle, a UNAM academic, expressed that the reform is not necessary and seems more like “a matter merely of trying to create something to transcend as president of the Commission.”
For her part, Lucía de los Ángeles Díaz Henao, director of the Solecito Collective, considered that what President Piedra Ibarra is proposing does not sound bad, but it was not carried out in due time.
Key changes of the reform
1.- The CNDH changes its name to the National Defender of People’s Rights.
2.- It incorporates the pro person principle in all its actions and resolutions.
3.- Transforms the General Inspectorates into General Ombudsmen’s Offices and the Deputy Inspectorates into Associate Ombudsmen’s Offices.
4.- Complaints will henceforth be treated as enforceability resources.
5.- It incorporates the power to request precautionary or precautionary measures when required.
6.- The follow-up to the recommendations will be carried out by the Ombudsman itself. Power is removed from the Senate.
7.- The Ombudsman may monitor the exercise of public spending as part of its tasks in defense of fundamental rights.
8.- The head of the Ombudsman and the Advisory Council will be elected by vote of the citizens and there can be no re-election.
9.- The incumbent and whoever holds high command positions in the Ombudsman’s Office may not seek a position of popular election in the year following the end of their responsibility.
10.- Eliminates the requirement of having a law degree for its staff and privileges experience in the defense of human rights.
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