PRESIDENT VICENTE FOX CALLS FOR REOPENING DEBATE ON DILUTED INDIGENOUS-RIGHTS LEGISLATION.

After remaining noncommittal for several months, President Vicente Fox has pledged to push Congress to reopen debate on the diluted indigenous-rights legislation that was approved in May. The original initiative, which Fox sent to Congress in December 2000, granted indigenous communities broad rights of self-determination and control over natural resources (see SourceMex, 2000-12-13).

The initiative was diluted in Congress by Fox's Partido Accion Nacional (PAN) and the long-governing Partido Revolucionario Institucional (PRI), by adding requirements that indigenous communities affected by the new law act in accordance with the Mexican Constitution and state laws (see SourceMex, 2001-05-02).

The bill approved by Congress became law after a majority of state legislatures ratified it in accordance with the Mexican Constitution (see SourceMex, 2001-07-18).

The Chiapas congressional commission (Comision de Concordia y Pacificacion, COCOPA), along with the center-left Partido de la Revolucion Democratica (PRD) and some dissenting members of the PRI, immediately appealed to Fox to reopen debate. The appeal initially fell on deaf ears, as Fox opted to defend the constitutional right of the legislative branch to pass legislation rather than to pursue efforts to restore some rights that were taken out during the debate in Congress.

Some indigenous-rights advocates accused Fox of quietly accepting changes made by legislators by not lobbying hard for the original version. "It wasn't enough to just have turned in the initiative," said Marina Patricia Jimenez, of the Chiapas-based Centro de Derechos Humanos Fray Bartolome de las Casas. "Fox should have been pushing Congress, not the Ejercito Zapatista de Liberacion Nacional (EZLN)."

Fox has also felt some pressure to make changes from Xochitl Galvez, director of the federal office on indigenous affairs (Oficina para el Desarrollo de los Pueblos Indigenas). Galvez was appointed by the president.

The president finally changed his stance during a tour of Europe in mid-October, saying he would seek modifications to the legislation in 2002 to restore some rights for indigenous communities in the original bill that were later diluted.

"Some sectors and communities believe that the law fell short," Fox said in Hamburg, Germany. "There is still room for improvement, and this is the democratic exercise that we are willing to promote."

President's announcement draws fire from PRI & PAN

Fox's statements drew strong criticism from members of his party and from the PRI.

"The PAN does not agree with President Vicente Fox with respect to reforming the indigenous law next year, especially since the law has not been fully implemented," said PAN president Luis Felipe Bravo Mena.

The PAN official noted that state governments must be given time to allocate the necessary appropriations in their districts. "The allocation of resources for indigenous communities will not take effect until next year," said Bravo Mena.

PRI leaders took a similar stance, saying there is no valid reason to review the indigenous-rights legislation because the measure was approved in accordance with the procedures prescribed by the Constitution.

"Fox knows perfectly well that there is no possibility of reopening the discussion on the reforms on indigenous rights," said PRI Sen. Manuel Bartlett Diaz, who accused the president of making the statements in Europe primarily for public- relations purposes.

PRI Secretary-General Rodolfo Echeverria Ruiz levied similar criticisms at the president. "Instead of paving the way to implement the contents of the accord, President Fox created more complications," said Echeverria.

Despite the intransigence of the PRI leadership, some rank-and-file legislators welcomed Fox's statements. PRI Deputy Erendira Cova Brindis said she will push for the indigenous-rights legislation to be reviewed alongside any discussions of state reforms. "Even though this indigenous- rights legislation is one of the most advanced in Latin America, there are still many aspects to discuss," said Cova Brindis.

Supreme Court throws out challenge by Oaxaca governor

Fox's decision to call for reopening discussion of the legislation appears to be one of the few positive developments for indigenous-rights advocates. One major negative development during the month was the decision by Mexico's highest court (Suprema Corte de Justicia de la Nacion, SCJN) to throw out a lawsuit by PRI Gov. Jose Murat Casab of Oaxaca challenging the legality of the legislation because of a technicality.

In an 8-1 vote, the justices said Murat's challenge is not valid because it was filed on July 31, two weeks before the law was published in the government's daily register (Diario Oficial de la Federacion). "Any matters that deal with the Mexican Constitution can only be filed once the general norms are published," said a legal brief from the SCJN.

The SCJN decision will apply to several other legal challenges filed before the Aug. 14 publication of the law. But the court will still be able to consider several hundred other legal challenges filed by indigenous communities, human- rights organizations, and other state and local governments after that date. The challenges that are still alive include those filed by the state legislature of Tlaxcala and several municipalities in Oaxaca.

Interior Secretary Santiago Creel Miranda said the court's decision could have a bearing on the eventual reopening of discussions on indigenous rights in 2002. Any changes, he said, would merely involve "amendments" to the text of the federal and state laws on indigenous rights.

Fox's Chiapas peace commissioner Luis H. Alvarez also alluded to the need to change the legislation once the SCJN hands down its decision on the various constitutional challenges. But Alvarez said there is little Fox can do directly other than continue to lobby the Congress. "The revisions are primarily the task of the legislative branch," said Alvarez.

The commissioner also urged the EZLN to return to the negotiating table. The Zapatista rebels halted all contact with the federal government and withdrew to their jungle hideouts shortly after the Congress approved the weakened indigenous-rights bill in May (see SourceMex, 2001-05-02).

"We're open to dialogue and reconciliation at any point in time," said Alvarez at a news conference in Mexico City. "But the willingness and disposition of just one side is not enough." (Sources: CNI en Linea, 08/29/01, 09/18/01; Reuters, 09/04/01, 10/12/01; El Financiero, 10/15/01; Excelsior, 09/26/01, 10/12/01, 10/16/01; Milenio Diario, 10/02/01, 10/12/01, 10/16/01; The News, 09/05/01, 10/17/01; Novedades, 10/11/01, 10/12/01, 10/16/01, 10/18/01; Notimex, 10/14/01, 10/23/01; Reforma, 08/28/01, 09/04/01, 10/12/01, 10/17/01, 10/22/01, 10/24/01; La Cronica de Hoy, 09/05/01, 09/19/01, 10/16-19/01; 10/24/01; El Universal, 09/05/01, 09/24/01, 09/25-27/01, 10/16/01, 10/24/01; La Jornada, 09/26/01, 09/27/01, 10/12/01, 10/16-19/01; 10/24/01)