Guaranteed profits—at any price
Last Tuesday, President Barack Obama told beltway bullhorn Chris Matthews that Senator Elizabeth Warren was “wrong” about the Trans-Pacific Partnership (TPP), the largest trade deal in American history, linking United States and Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam in a pervasive and binding treaty. The president was referring to Warren’s claim that the trade treaty will license corporations to sue governments, and her contention that this was, to put it mildly, a bad idea.
Warren isn’t wrong, Obama is. And he knows it. The entire TPP, as understood, is based on a single overarching idea: that regulation must not hinder profiteering. This is a fundamentally anti-democratic concept that—if implemented—would effectively eliminate the power of a demos to make its own law. The final authority on any law’s validity would rest elsewhere, beyond the reach of popular sovereignty. From the TPP point-of-view, democracy is just another barrier to trade, and the corporate forces behind the draft treaty are intent on removing that barrier. Simple as that.
That’s why the entire deal has been negotiated in conclave, deliberately beyond the public purview, since the president and his trade representatives know that exposing the deal to the unforgiving light of popular scrutiny would doom it to failure. That’s why the president, like his mentor President Clinton, has lobbied hard for Trade Promotion Authority, or Fast Track, which reduces the Congressional role in the passage of the bill to a ‘yea’ or ‘nay.’
Cracks have begun to show in the formidable cloak behind which the deal has been structured. A coalition of advocacy groups advanced on the U.S. Trade Representatives office this week. Wikileaks has obtained and released chapters from the draft document. Senator Harry Reid declared his position on Fast Track as “… not only no, but hell no.” Warren has proved to be a persistent thorn in the side of White House efforts to smooth over troubling issues with the deal. But the monied interests that rule the beltway have all pressed for passage. And as a Fast Track draft makes its way through Congress, stakes are high. The TPP is, in the apt estimation of political activist Jim Hightower, a “corporate coup d’état.”
Not for the first time, the president and his Republican enemies are yoked by the bipartisan appeal of privilege against this faltering fence of protest. The marriage of convenience was described in last Friday’s sub-head to a New York Times article on TPP: “G.O.P. Is Allied With President Against His Own Party.”
All The Usual Suspects
Who else supports the TPP? Aside from this odd confection of neoliberals, the corporations that rule the beltway feverishly back the TPP. From the leak of Sony digital data we learn that it and its media peers have enthusiastically pressed for the passage of the deal. Sony is joined by major agricultural beneficiaries (Monsanto), mining companies like Infinito Gold, currently suing Costa Rica to keep an ecology-harming mine pit active, as well as pharmaceutical coalitions negotiating stiff intellectual property rights unpopular even in Congress, and various other technology and consumer goods groups. And don’t forget nicotine kingpins like Philip Morris.
Obama reinforces the corporate line: “We have the opportunity to open even more new markets to goods and services backed by three proud words: Made in America.” Perhaps he isn’t aware that our leading export is the workforce that once took pride in that moniker. We’ve exported five million manufacturing jobs since 1994, largely thanks to NAFTA, the model on which the TPP is built. The TPP will only continue that sad trend. The only jobs not being offshored are the ones that can’t be: bartenders and waitresses and health care assistants. That’s the Obama economy: a surfeit of low-wage service jobs filled by debt-saddled degree holders. As Paul Craig Roberts argued in The Failure of Laissez Faire Capitalism, between 2007 and 2014, some eight million students would graduate from American universities and likely seek jobs in the United States. A mere one million degree-requiring jobs would await them. The irony of Obama’s statement is that the TPP would actually move to strip the use of labels like, “Buy American,” since they unduly advocate for local goods.
In truth, the authors of the treaty already know all this. The bill concedes as much, with Democrats building in some throwaway provisions of unspecified aid to workers whose jobs have been offshored, and a tax credit to ostensibly help those ex-workers purchase health insurance. Cold comfort for the jobless, as they are exhorted by the gutless paladins of globalization to ‘toughen up’ and deal with the harsh realities of a globalized economy. As neoliberal stooge Thomas Friedman has said, companies in the glorious global marketplace never hire before they ask, “Can this person add value every hour, every day — more than a worker in India, a robot or a computer?” Of course, the answer is invariably no, so the job goes to Bangladesh or a robot. No moral equation ever enters the picture. Just market discipline for the vulnerable and ingenious efforts by a captive state to shelter capital from the market dynamics it would force on others.
The Investment Chapter
Despite Obama’s disingenuous clichés about “… fully enforceable protections for workers’ rights, the environment and a free and open Internet,” the trade deal makes it clear that labor law and environmental law are both barriers to profitability. We know this thanks to Wikileaks, which once again proved its inestimable value by acquiring and releasing another chapter from the cloak-and-dagger negotiations. This time it was the investment chapter, in which so much of the treaty’s raison d’etre is expressed.
As Public Citizen points out in its lengthy analysis of the chapter, any domestic policy that infringes on an investor’s “right” to a regulatory framework that conforms to their “expectations,” is grounds for a suit. Namely, the suit may be pressed to “the extent to which the government action interferes with distinct, reasonable investment-backed expectations.”
Here’s what the TPP says about such legislation as it relates to investor expectations:
For greater certainty, whether an investor’s investment-backed expectations are reasonable depends, to the extent relevant, on factors such as whether the government provided the investor with binding written assurances and the nature and extent of governmental regulation or the potential for government regulation in the relevant sector.
Try putting that tax on financial transactions. Forget it. Barrier to a reasonable return. Don’t believe it? Just read the TPP investment protocols that would ban capital controls, which is what a financial tax is considered to be by TPP proponents. Try passing that environmental legislation. Not a chance. Hindrance to maximum shareholder value. Just ask Germany how it felt when a Swiss company sued it for shutting down its nuclear industry after Fukushima. Try enacting that youth safety law banning tobacco advertising. Sorry. Needless barrier to profits. Just ask Australia, which is being sued by Philip Morris for trying to protect kids from tar and nicotine.
Public Citizen has tabulated that, “The TPP would newly empower about 9,000 foreign-owned firms in the United States to launch ISDS cases against the U.S. government, while empowering more than 18,000 additional U.S.-owned firms to launch ISDS cases against other signatory governments.” It found that “foreign investors launched at least 50 ISDS claims each year from 2011 through 2013, and another 42 claims in 2014.” If these numbers seem small, recall that for a crucial piece of labor legislation to be struck down, only one firm need win in arbitration in order to financially hamstring a government and set a precedent that would likely ice the reformist urge of future legislatures.
As noted earlier, the text also appears to suggest to ban the practice of promoting domestic goods over foreign—another hurdle to shareholder value. This would effectively prohibit a country from implementing an import-substitution economy without threat of being sued. Governments would be relieved of tools, like tariffs, historically used to protect fledgling native industries. This is exactly what IMF prescriptions often produce—agricultural reforms, for instance, that wipe out native crop production and substitute for it the production of, say, cheap Arabica coffee beans, for export to the global north. Meanwhile, that producer nation must then accept costly IMF lending regimes to pay to import food it might have grown itself.
Of course, it is rarely mentioned that protectionism is how the United States and Britain both built their industrial economies. Or that removing competitor market protections is how they’ve exploited developing economies ever since. The TPP would effectively lock in globalization. It’s a wedge that forces markets open to foreign trade—the textual equivalent of Commodore Perry sailing his gunships into Tokyo Harbor.
The bill’s backers point to language in which natural resources, human and animal life, and public welfare are all dutifully addressed in the document. The leaked chapter explicitly says that it is not intended to prevent laws relating to these core concerns from being implemented. So then, what’s the problem? The problem is that these tepid inclusions lack the teeth of sanctions or punitive fines. They are mere rhetorical asides designed to help corporate Democrats rationalize their support of the TPP. If lawmakers really cared about the public welfare, they’d move to strip the treaty of its various qualifiers that privilege trade over domestic law. By all means, implement your labor protection, but just ensure “… that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment.”
If lawmakers cared about national sovereignty, they wouldn’t outsource dispute settlement to unelected arbitration panels, more fittingly referred to as, “tribunals.” (Think of scrofulous democracy hunched in the dock, peppered with unanswerable legalese by a corporate lawyer, a surreal twist on the Nuremberg Trials.) Just have a glance at Section B of the investment chapter. Suits will be handled using the Investor-State Dispute Settlement (ISDS) model, itself predicated on the tribunal precedent. And in the event a government lost a suit or settled one, legal costs would be picked up by taxpayers, having been fleeced by an unelected committee whose laws it has no recourse to challenge.
Perhaps investor protections like ISDS were once intended to encourage cross-border investment by affording companies a modicum of reassurance that their investments would be safeguarded by international trade law. But the ISDS has been used for far more than that. The ISDS tribunals have a lovely track record of success (first implemented in a treaty between Germany and Pakistan in 1959). Here’s Public Citizen:
Under U.S. “free trade” agreements (FTAs) alone, foreign firms have already pocketed more than $440 million in taxpayer money via investor-state cases. This includes cases against natural resource policies, environmental protections, health and safety measures and more. ISDS tribunals have ordered more than $3.6 billion in compensation to investors under all U.S. FTAs and Bilateral Investment Treaties (BITs). More than $38 billion remains in pending ISDS claims under these pacts, nearly all of which relate to environmental, energy, financial regulation, public health, land use and transportation policies.
New Era, New Priorities
Now the ISDS is a chisel being used to destroy the regulatory function of governments. All of this is being negotiated by corporate trade representatives and their government lackeys, which appear to have no qualms about the deleterious effects the TPP will have on the general population. But then the corporations these suits represent have long since discarded any sense of patriotic duty to their native nation-states, and with it any obligation to regulate their activities to protect vulnerable citizenries. That loyalty has been replaced by a pitiless commitment to profits. In America, there may have been a time when “what was good for Ford was good for America,” as memorably put by Henry Ford. But not anymore. Now what’s good for shareholders is good for Ford. This was best articulated a couple of years ago by former Exxon CEO Lee Raymond, who bluntly reminded an interviewer, “I’m not a U.S. company, and I don’t make decisions based on what’s good for the U.S.” Those decisions usually include offshoring, liberalizing the labor market, practicing labor arbitrage, relocating production to “business friendly climates” with lax regulatory structures, the most vulpine forms of tax evasion, and so on—all practices that ultimately harm the American worker.
Apple says it feels no obligation to solve America’s problems nor, one would assume, any gratitude to the U.S. taxpayer for funding essential research that Apple brilliantly combined in the iPod and iPhone. Former Labor Secretary Robert Reich finally admits corporations don’t want Americans to make higher wages. The U.S. Chamber of Commerce encourages shipping American jobs abroad. World Bank chiefs point to the economic logic of sending toxic waste to developing nations. Wherever you look, there seems to be little if any concern for citizenry.
The Financial Times refers to ISDS as, “investor protection.” But what it really is, is a profitability guarantee, a legal bulwark against democracy expressed as regulation. Forgive me for thinking that navigating a fluid legislative environment was a standard investment risk. Evidently the champions of free trade can’t be bothered to practice it. Still the White House croons that it has our best interests at heart. If that were true, it would release the full text, launch public charettes to debate its finer points, or perhaps just stage a referendum asking the American people to forfeit their hard-won sovereignty. No such thing will ever happen, of course. As it turns out, democracy is the price of corporate plunder. After all, the greatest risk of all is that the mob might vote the wrong way. And, as the language of the TPP makes explicitly obvious, there are some risks that should be avoided at all costs.
Jason Hirthler can be reached at: email@example.com.
Caracas – According to a new report by the Stockholm International Peace Research Institute (SIPRI), Venezuela reduced its military budget by 34 percent in 2014, leading the the region in arms spending cuts.
Venezuela is followed by Uruguay, which decreased its military spending by 11 percent over the past year.
In contrast, United States political allies Paraguay and Mexico led the region in upping military spending, raising their military budgets by 13 and 11 percent, respectively.
Brazil, which is the largest arms spender in Latin America and the tenth largest in the world, cut its military budget by 1.7 percent due to economic difficulties.
The Americas remains the region with the highest military spending, a fact undoubtedly attributable to the presence of the United States, which, despite a modest budget cut of 6.5 percent, retains its spot as the world’s top arms spender.
With an annual military budget of $610 billion, the US accounts for one-third of global spending, amounting to more than triple the budget of the second highest spender, China.
Nonetheless, this enormous disparity in spending has not prevented the US from branding Venezuela a menace to its neighbors, on numerous occasions.
In 2009, then US Secretary of State Hilary Clinton accused Venezuela of fomenting an “arms race” with its purchase of Russian weapons. That same year, Venezuela led the region in cutting military spending, slashing its arms budget by one-quarter.
Last month, President Barack Obama issued an Executive Order labeling Venezuela a “national security threat”, a move which has been vociferously condemned by a host of countries and multilateral blocs across the globe.
Boa Vista – A wrecked plane, discovered on 2 April in a Western region of Venezuela, was carrying nearly a ton of cocaine and was registered with the official fleet of Mexico’s Attorney General’s Office.
Three bodies and 999 kilos of cocaine were found in the Cessna Conquest 441, which crashed on Thursday.
The remains of Norberto Filemon Miranda Perez and Francisco Javier Engombia Guadarrama were confirmed by the Commanding General of Venezuela’s Armed Forces on Saturday.
Miranda Perez, believed to be the pilot, was a regional director of the General Prosecutor’s Aerial Services, a branch of the justice department responsible for investigating federal and state crimes. He held office during the presidency of Felipe Calderon.
The third individual has not yet been identified, though documents naming a Bernardo Lisey Valdez were also found in the wreck.
Built in 1981 in the United States, the aircraft belonged to the Colombian firm Aerotaxi Calamar in the late 1990s, until it passed into Mexican ownership under unknown circumstances, eventually appearing as part of the Attorney General fleet in 2000 under the code XB-KGS.
No records indicating the Cessna’s transfer to private hands have been located, though a photo on jetphoto.com shows what may be the same aircraft in the Benito Juarez airport of Mexico City in 2007, with a new code – indicating new ownership.
According to Venezuelan authorities, the plane may have been downed by military efforts. Information was recorded of a bullet impacting an aircraft of similar characteristics that day, in the nearby region of Apure.
Mexico’s Foreign Ministry released a statement yesterday indicating the government’s intent to collaborate with Venezuelan authorities to uncover the details of the crash.
The “Free Press” in Action
In Latin America last year, there were two events that each produced 43 casualties. Which elicited greater outrage?
For the U.S. media, it was the “violent crackdown” leaving “43 people dead” (NPR) in “an autocratic, despotic state” (New York Times ) run by “extremists” (Washington Post ). Surely these charges were leveled at Mexico, where 43 student activists were murdered in Iguala last September. In their forthcoming A Narco History, Carmen Boullosa and Mike Wallace describe how the victims, “packed into two pick-up trucks,” were driven to a desolate ravine. Over a dozen “died en route, apparently from asphyxiation,” and the rest “were shot, one after another,” around 2:00 a.m. The killers tossed the corpses into a gorge, torched them, and maintained the fire “through the night and into the following afternoon,” leaving only “ashes and bits of bone, which were then pulverized.”
Initial blame went to local forces—Iguala’s mayor and his wife, area police and drug gangs. But reporters Anabel Hernández and Steve Fisher, after reviewing thousands of pages of official documents, reached a different conclusion. Hernández explained “that the federal police and the federal government [were] also involved,” both “in the attack” and in “monitoring the students” the night of the slaughter. Fisher added that the Mexican government based its account of the massacre on testimonies of “witnesses who had been directly tortured.”
The Hernández-Fisher findings reflect broader problems plaguing the country. “Torture and ill-treatment in Mexico is out of control with a 600 per cent rise in the number of reported cases in the past decade,” Amnesty International warned last September, pointing to “a prevailing culture of tolerance and impunity.” The UN concurred this month, and “sharply rebuked Mexico for its widespread problem with torture, which it said implicates all levels of the security apparatus,” Jo Tuckman wrote in the Guardian.
Mexico’s president, Enrique Peña Nieto, has done his part to escalate state violence. He gave the orders, while governor of México State, for what Francisco Goldman calls “one of the most squalid instances of government brutality in recent years”—the May 2006 assault on the Atenco municipality. Some 3,500 state police rampaged against 300 flower vendors, peasants and their sympathizers, beating them until they blacked out and isolating women for special treatment. Amnesty International reported “23 cases of sexual violence during the operation,” including one woman a trio of policemen surrounded. “All three of them raped her with their fingers,” a witness recalled.
Peña Nieto responded by asserting “that the manuals of radical groups say that in the case of women [if they are arrested], they should say they’ve been raped.” Amnesty stumbled into a trap laid by attention-desperate women, in his opinion. Regarding Atenco, he stressed: “It was a decision that I made personally to reestablish order and peace, and I made it with the legitimate use of force that corresponds to the state.” Surely this is the “autocratic, despotic state” the New York Times criticized.
The paper’s archives lay bare its views—that Peña Nieto can “do a lot of good,” given his “big promises of change” and “commendable” economic agenda. The Washington Post’s Lally Weymouth interviewed Mexico’s president just before the Iguala bloodbath, dubbing him “a hero in the financial world.” A Post editorial praised his ability to summon the “courage” necessary to transform Mexico into “a model of how democracy can serve a developing country.” The Post clarified, with a straight face, that Peña Nieto displayed his bravery by ignoring “lackluster opinion polls” as he pushed through unpopular reforms—a truly “functional democracy,” without question. There was no serious censure of the Mexican president in these papers, in other words. The charges of despotism and extremism, quoted above, were in fact leveled at Venezuela—the site of the other episode last year resulting in 43 Latin American casualties.
But these demonstrations, from February until July, were dramatically different from the Mexican student incineration. What, in the NPR version, was “a violent crackdown last year against antigovernment protesters,” in fact—on planet Earth—was a mix of “pro- and anti-government protests” (Amnesty International) that “left 43 people dead in opposing camps” (Financial Times ). “There are deaths on both sides of the political spectrum,” Jake Johnston, a researcher with the Center for Economic and Policy Research, affirmed, noting that “members of Venezuelan security forces have been implicated and subsequently arrested for their involvement.” He added that several people were apparently “killed by crashing into barricades, from wires strung across streets by protesters and in some cases from having been shot trying to remove barricades.” Half a dozen National Guardsmen died.
In the wake of these demonstrations, the Post railed against “economically illiterate former bus driver” Nicolás Maduro, the Venezuelan president, for his “hard-fisted response to the unrest” and “violent repression.” The New York Times lamented his “government’s abuses”—which “are dangerous for the region and certainly warrant strong criticism from Latin American leaders”—while Obama, a year after the protests, declared Venezuela a national security threat. His March 9 executive order, William Neuman wrote in the Times, targets “any American assets belonging to seven Venezuelan law enforcement and military officials who it said were linked to human rights violations.”
Compare Obama’s condemnation of Maduro to his reaction to the Iguala murders. When asked, in mid-December, whether U.S. aid to Mexico should be conditioned on human rights, he emphasized that “the best thing we can do is to be a good partner”—since bloodshed there “does affect us,” after all. The Times followed up after Obama hosted the Mexican president at the White House on January 6, noting that “Mr. Peña Nieto’s visit to Washington came at a time of increased cooperation between the United States and Mexico.”
This cooperation has won some major victories over the decades. NAFTA shattered poor farming communities in Mexico, for example, while promoting deforestation, environmentally ruinous mining—and corporate profits. In 2007, U.S. official Thomas Shannon stated that “armoring NAFTA” is the goal of Washington’s security assistance, which “totaled $2.5 billion between FY2008 and FY2015,” the Congressional Research Service reported. The result is a death zone, with perhaps some 120,000 intentional killings during the Felipe Calderón presidency (2006-2012). Tijuana’s Zeta Magazine published a study claiming the slayings have actually increased under Peña Nieto, and the nightmare has deepened to the point where the murder rate “exceeds that of Iraq,” according to Molly Molloy.
None of these developments infuriated Washington like those in Venezuela, to be sure. After Chávez’s first decade in power, “the poverty rate ha[d] been cut by more than half” and “social spending per person more than tripled,” while unemployment and infant mortality declined, the Center for Economic and Policy Research determined. And the UN Economic Commission for Latin America and the Caribbean found, in May 2010, that Venezuela had the region’s most equal income distribution. In Mexico a year later, the Los Angeles Times noted, “poverty [was] steadily on the rise.” Throughout this period, Washington’s aims included “dividing Chavismo,” “protecting vital US business,” and “isolating Chavez internationally,” as former U.S. Ambassador to Venezuela William Brownfield outlined the strategy in 2006.
Reviewing this foreign policy record in light of recent Mexico and Venezuela coverage makes one thing obvious. There is, most definitely, a free press in the U.S.—it’s free to print whatever systematic distortions it likes, so long as these conform to Washington’s aims.
Nick Alexandrov lives in Washington, DC. He can be reached at: firstname.lastname@example.org
“Let’s put it in perspective,” Obama said in response. “Young people, I understand this is important to you, but you should be thinking about climate change, the economy, jobs, war and peace, maybe way at the bottom you should be thinking about marijuana.”
That, of course, completely misses the point regarding what “thinking about marijuana” actually is about.
“But he should think again about how important this issue is. On average, there’s a marijuana possession arrest in the U.S. about every minute. Billions of dollars are wasted on enforcing prohibition laws that don’t stop anyone from using marijuana but do ruin people’s lives with damaging criminal records.”
Lee Rosenberg (via Twitter):
No, marijuana legalization is not the most important issue for young people to care about, but government incompetence on the issue has a very negative and very real impact on the perception that government is capable of solving more serious problems.
“Thinking about marijuana” is about more than getting high.
It’s about systemic police corruption. It’s about a failed criminal justice system that fuels situations like Ferguson. It’s about tens of thousands dead in Mexico. It’s about failed foreign policy. It’s about using bad laws to control a population and deny them basic rights. It’s about perversion of our Constitution. It’s about financial self-interest trumping science and reason.
Marijuana most definitely isn’t at the bottom of the list.
Imprisoned on various occasions and subjected to numerous interrogations, Dr. Jaime Galarza Zavala is one of the estimated 120 direct victims of the CIA’s record in Ecuador.
Persecuted by the CIA for his political organizing, Galarza described to teleSUR English that “they told me that I was working as a guerrilla in the Dominican Republic. I, to this day, have never visited the Dominican Republic. But they accused me of being a guerrilla leader in the Dominican Republic. And this was a common theme with various interrogations.”
He added that, “while they interrogated me, there was somebody that called every now and then from another room. Afterward, they told me that this person they were talking with was a gringo, a North American, who never presented himself to me. But he gave them instructions as to how to continue the interrogation,” said Galarza.
A fierce critic of U.S foreign policy in the region, Galarza recently published a book titled, “The CIA Against Latin America, the Special Case of Ecuador,” co-authored by Francisco Herrera Arauz.
In an interview with teleSUR English on CIA actions in Ecuador, Herrera said,“First, they destroyed our democracy. Second, they worked with undivided attention against our citizens. They persecuted our citizens for thinking differently. People were killed, injured, there are victims of this violence, there are families that were harmed, there are exiles, the honor of some people has been ruined, there are destroyed families, and all of this was caused by the CIA’s actions.”
Both authors have previously interviewed Philip Agee, the ex-CIA operations officer whose name became internationally known when he wrote the book “Inside the Company: CIA Diary” in 1975, detailing his time working in Ecuador, Uruguay, and Mexico from 1960 to 1968 and denouncing actions undertaken by the CIA during this period.
In his testimonies of that period, Agee said that when he operated in Ecuador from 1960 to 1963, the CIA oversaw: the overthrow of two presidents; the infiltration of various political parties and organizations; and the planting of bombs in front of churches and other emblematic sites to frame leftist groups; among other actions.
At an event celebrating the new book, Ecuador’s Foreign Minister Ricardo Patiño said, “These secret policies continue in Latin America today. Nothing that Philip Agee denounced as CIA actions in the past have been discarded by the espionage seen in the present.”
To raise public awareness of the atrocities committed within Ecuador and the long-term damage caused by CIA interventions throughout Latin America, Ecuador’s Foreign Ministry has printed and widely distributed copies of the book in Spanish and English.
A report by the U.N. Human Rights Council, set to be released on Monday, states that torture by the Mexican state has become a regular occurrence.
The 22-page report by the U.N. Special Rapporteur Juan Mendez was leaked to Mexican weekly magazine, Proceso. The report is the product of an investigation conducted by Mendez in Mexico in April and May of last year.
“Torture and abuse are widespread in Mexico,” states Mendez’ report.
Proceso states that the U.N. report includes allegations of physical violence, electric shock, suffocation, sexual assault, and psychological abuse. Mendez reveals that multiple elements of the state are guilty of utilizing torture, from local police, to state and federal police, as well as the armed forces.
“The majority of the victims (of torture) are detained for their alleged links with organized crime,” adds the report. As a result of their alleged ties to organized crime, these detainees are not offered the same legal protections as other suspected criminals.
Apart from being tortured, Mendez alleges that these detainees are held in preventative detention for lengthy periods without being afforded the right to appear before a judge.
The U.N. special rapporteur also states that it is difficult to know how many cases of torture there may actually be in Mexico, as a federal record is not maintained. Mendez also claims that many victims do not come forward for fear of reprisals.
Mendez’ report harshly criticizes the Mexican state for failing to put in place measures to prevent the use of torture and makes a series of recommendations to the Mexican government.
Suspects connected to the case of the missing 43 students are also suspected to have been tortured in order to coerce statements from them that would match the government’s version of events.
The U.N. also recently criticized the Mexican government regarding forced disappearances in the country.
The government of Mexican President Enrique Peña Nieto has proposed changing a key transparency law that would allow the state to keep key information secret over controversial energy reform plans.
According to a document presented before the Congress by the ruling party PRI and its ally the Ecological Green Party of Mexico (PVEM), there would be 82 changes to the Federal Law of Transparency and Access to Public Government Information.
The recommendations made by the legal adviser to the Presidency of the Republic propose removing the requirement to disclose contracts, permits, alliances and partnerships that the State signed with national and foreign companies on oil exploration.
Last year President Enrique Peña Nieto signed a package of so-called secondary laws to the country’s controversial energy reform approved in 2013. The reform opens Mexico’s public energy sector to private competition for the first time in 76 years after the former populist president, Lazaro Cardenas, nationalized the sector in 1938.
Opposition senators Dolores Padierna and Alejandro Encinas, from the Revolutionary Democratic Party (PRD), rejected the proposal saying Mexicans deserve to know what will happen with hydrocarbons, a key economic sector, especially as the reforms will see profits going to foreign oil companies.
Padierna added that the energy sector should be forced to provide information about its operation and activity, and that decisions taken during the process of liberalization and privatization should respond to the transparency law.
Over 150 people have been reported disappeared in the small city of Piedras Negras in the northern border Mexican state of Coahuila in the last 18 months, of which at least 60 have been attributed to elite police forces, according to a lawyer overseeing the cases.
Families of victims and their lawyers accused state government of creating special forces that have carried out arbitrary detentions, tortures and enforced disappearances across Coahuila during the last six years.
The creation of elite police forces, which in the past have been sent to the U.S. for special training by the FBI, is not new in Mexico. These types of forces have been accused of acting as death squads for the government and have sometimes carried out assassinations ordered by organized crime gangs.
“Special units of the army and navy, assassins trained by armed forces deserters and civilians trained by foreign security forces operate in Mexico as death squad,” Proceso published in June of 2013. The Mexican magazine based this assertion on a book published by 0federal lawmaker Ricardo Monreal Avila, which was edited by the congress’ lower house.
Influential newspaper Excelsior in November of last year wrote that, “The special forces created in the states (of Mexico) are under scrutiny due to human rights issues.”
The daily based in Mexico City added that, “these elite police groups have been accused of carrying out enforced disappearances, kidnappings, extortion and torture.”
Excelsior said that “it should be noted that in spite of the negative reputation of these forces in various states, which sometimes receive special training by U.S., Colombian or Israeli elite groups, more states and Mexico City are in the process of integrating elite groups to (allegedly) fight organized crime.”
The newspaper went on to say that the United Nations has questioned the work of special intelligence units in Baja California and Tamaulipas, due to the high number of crimes they have committed against innocent people.
On Friday, the La Jornada newspaper reported that attorney Denise Garcia told reporters that the non-governmental organization United Families has documented 150 cases of disappearances in the last 18 months in Piedras Negras alone.
“In at least 60 of those cases there is evidence that the Special Arms and Tactics Group (GATE) participated in them, as well as other similar types police units that were created by the former Governor Humberto Moreira and which still exist today under the governorship of his brother Ruben,” she said.
Garcia said the 51 people that were disappeared by GATE were later found alive, but all of them, she added, were tortured to confess crimes they did not commit, including drug trafficking, and today they remain jailed under false charges.
These groups have no accountability, Garcia explained, and they don’t report their operations nor their arrests, which is a clear violation of human rights.
“GATE and other special police units work under the recognition and support of the government, despite that many of them are [not] even legally constituted,” she said.
García said they act as illegal death squads, they travel in unmarked vehicles with no license plates, they are masked and commit many other irregularities.
The worst thing, she added, is that “we have denounced these issues to the federal government and the National Human Rights Commission (CNDH), which respond with indifference.”
According to a new study released by the National Commission on Human Rights (CNDH) Wednesday, 97 journalists have been killed in Mexico in connection with their work since 2010.
The new research also revealed 22 cases of disappearances and 433 attacks against journalists and media offices since 2005. Investigations into the crimes have been carried out in very few cases.
The CNHD has criticized the Mexican government for their lack of action regarding violence against journalists in the country. It also emphasized the importance of guaranteeing freedom of expression in the country to ensure the free flow of news and information, which means guaranteeing the right of journalists to work in a safe environment.
“The state is first required to become a guarantor of freedom of expression, since the institutions must assume their primary responsibility and give validity to democracy in our country,” said the organization.