The Criminalization of Environmental Defenders in Mexico: Suppressing the Right to Protest

New Report Highlights Disproportionate Use of Criminal Law Against Environmental Defenders in Mexico

The Threat to Peaceful Protests and Advocacy for Land, Territory, and Environment

Amnesty International recently published a report titled “Mexico: Land and Freedom? Criminalizing defenders of land, territory and environment,” revealing the alarming trend of the disproportionate use of criminal law to deter, punish, and prevent peaceful protests in defense of land, territory, and the environment in Mexico. The report sheds light on the systematic strategy employed by state authorities to suppress and dismantle advocacy for these rights, with concerns raised regarding the high number of murders of environmental defenders in the country.

Disproportional Use of the Justice System as a Strategy

According to Erika Guevara-Rosas, Americas director at Amnesty International, the disproportionate use of the criminal justice system against protesters is part of a broader strategy aimed at disincentivizing and dismantling advocacy for land, territorial, and environmental rights. Despite Mexico having one of the highest numbers of murders of environmental defenders, the state has failed to address and prevent violence against them. Instead, other serious human rights violations, such as stigmatization, harassment, attacks, assaults, forced displacement, and disappearances, continue to occur.

The report focuses on four specific cases that exemplify the disproportionate use of criminal law against environmental defenders. These cases include individuals protesting against residential housing construction in a protected area, opposing the construction of a drain polluting a river, opposing the construction of a National Guard barracks, and challenging the activities of a mega pig farm causing pollution, water contamination, and health problems. In each instance, the criminal justice system has been utilized to silence and punish these defenders, often based on fabricated or vague charges without any hard evidence.

Lack of Consideration for the Right to Protest and Context of Protests

The right to protest is a fundamental recourse for land, territory, and environmental defenders to demand their rights when other institutional mechanisms fail or are inaccessible. However, state authorities have disregarded fundamental principles of legality, necessity, and proportionality in using criminal proceedings against them. The report highlights the use of vague or ambiguous offenses, such as “rioting” and “obstruction of public works,” which ignore the principle of legality. Events occurring during protests are often conveniently adapted to fit other crimes through broad interpretations of criminal offenses and misrepresentation of facts.

Furthermore, accusations against defenders are primarily directed at leaders or visible individuals within protest movements. These defenders are prosecuted for peaceful actions without hard evidence, leading to ongoing proceedings that create a constant threat of revived cases or fabricated crimes. This pattern of criminalizing defenders aims to deter others from advocating for similar causes, instilling fear and concerns about stigmatization, repression, and threats to their lives and safety.

Impact on Defenders and Collective Struggles

The unjust criminalization of peaceful protesters has profound individual and collective impacts. On an individual level, defenders experience physical, psychological, and economic consequences, such as illness, physical pain, fear, anxiety, sleeping difficulties, and stress. They often feel impotent in the face of injustice and suffer negative effects on their work defending their rights. Collectively, their unjust criminalization intimidates and represses demands for land, territory, and environmental rights among other advocates.

The criminalization of defenders diverts attention from the root causes and challenges facing land, territory, and environmental defenders. Punishing those involved in social conflicts only exacerbates the problem, rather than addressing the underlying issues. Recognizing this, there is a need to handle the right to protest in a manner that respects defenders’ demands and guarantees their right to advocate for their rights.

Recommendations for Addressing the Disproportionate Use of Criminal Law

Amnesty International’s report offers several recommendations to address the disproportionate use of the criminal justice system against protesters. The authorities must recognize the valuable work done by land, territory, and environmental defenders and refrain from stigmatizing them. Defenders should be guaranteed participation in issues affecting their communities, and the Protection Mechanism for Human Rights Defenders and Journalists should be strengthened. Additionally, the use of militarized security forces, like the National Guard, to monitor protests should be avoided.

The report also provides specific recommendations for the cases documented within it. The state is urged to cease the criminalization of protest immediately and conduct thorough investigations into human rights violations, ensuring that defenders receive full reparations.

The #ProtestarNoEsUnCrimen Campaign

Amnesty International’s report coincides with the launch of the #ProtestarNoEsUnCrimen (Protesting is not a crime) campaign. This campaign aims to raise awareness about the unjust criminalization of human rights defenders and its impact on the defense of land, territory, and the environment in Mexico. By shedding light on these issues, the campaign seeks to bring about change and ensure that defenders’ rights to peaceful protest are respected.

In conclusion, the disproportionate use of criminal law against environmental defenders poses a significant threat to the right to protest peacefully in defense of land, territory, and the environment in Mexico. The cases highlighted in Amnesty International’s report demonstrate the alarming trend of using criminal law as a strategy to undermine advocacy for these rights. The situation not only leads to individual hardships for defenders but also stifles collective struggles for justice. It is imperative that the Mexican government takes immediate action to address this issue, recognize the value of defenders’ work, and protect their rights to protest peacefully.

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