6 December 2000

To: Mr Pascal Lamy,

Commissioner for Trade,

European Commission

200 rue de la Loi,

1049 Bruxelles,

Belgium

Fax: 02/ 298.13.99

Number of pages: 2

RE: HUMAN RIGHTS ABUSES AND FOREST DESTRUCTION IN MEXICO

Dear Mr. Lamy,

We are writing to you to express our concern for the fate of Rodolfo Montiel Flores and Teodoro Cabrera García, convicted to 6 and 10 years respectively. Amnesty International declared both men Prisoners of Conscience on 31 March 2000 and the Mexican Committee on Human Rights has declared the charges leading to their conviction false. A recent appeal by lawyers of the Mexican Human Rights organisation, PRODH, was dismissed and the sentences were upheld.

In response to uncontrolled logging in the Sierra de Petatlán mountain range, Montiel and Cabrera were active in a farmers organisation (co-founded by Montiel) to protect the area’s old-growth forests and prevent the widespread soil erosion that was endangering local farms. When the forest is healthy, trees capture rainwater and boost the water supply that farmers rely on for irrigation. As trees are cut down, there is less water and farmers have trouble growing crops. Three members of this organisation had already been killed before 2 May 1999, when the Mexican army illegally detained Montiel and Cabrera. On the day of the arrest, another farmer was shot dead.

After being held incommunicado for five days, death threats and torture -confirmed by a Danish medical team- Montiel and Cabrera were forced to sign false confessions. The health of both men is deteriorating. Montiel suffers intense pain in his abdomen since the torture and Cabrera had to undergo an operation because of severe beatings to his back.

This case clearly demonstrates the fundamental flaws in the Mexican legal system, where the law is used to favour companies over individuals. This is highlighted by a recent study: "The Forestry Industry in the State of Chihuahua: Economic, Ecological and Social Impacts post-NAFTA", prepared for NAREC’s[1] Symposium on the Environmental Effects of NAFTA. The study states that since NAFTA's entry into force, logging has dramatically increased, environmental standards are threatened, and the demands of Mexican civil society are ignored. An executive summary is enclosed.

The co-operation agreements and contractual relations between the EU and Mexico are governed by the Global Agreement between Mexico and the EU (ratified in October 2000), which states the parties' commitment to respect democratic principles and fundamental human rights[2]. Furthermore in its preamble, the agreement states the importance of proper implementation of the principles of sustainable development.

Despite flagrant human rights abuses in Mexico and the EU's declared commitment to the protection of human rights, the EU signed a free trade agreement with Mexico[3], which came into force in July 2000. The free trade agreement does not seem to include a human rights clause, although this agreement refers to the Interim Trade Agreement (1998) that does include such a clause. However, we trust that you agree with us that the free trade agreement must respect the human rights clauses in the EU's Global and Interim Trade Agreement with Mexico, and should uphold human rights.

We would therefore like to know what actions you intend to take in your capacity as the EU’s chief trade negotiator to ensure that justice is done, Rodolfo Montiel and Teodoro Cabrera are released and the forests in Mexico are not destroyed for short-term profit, further marginalizing Mexican farmers and creating more social unrest. We would very much appreciate to discuss this issue in more detail with you, preferably with our colleagues who are working on this case in Mexico.

We are looking forward to your response,

Yours sincerely,

Saskia Ozinga,
Director.

Enclosed:

·         Background information

·         The Forestry Industry in the State of Chihuahua: Economic, Ecological and Social Impacts post-NAFTA: Executive Summary