Joint Proposals that the Federal Goverrment and the EZLN agree to remit to the National Debating and Decision-Making Bodies in accordance with paragraph 1.4 of the Rules of Procedure

Country/entity
Mexico
Region
Americas
Agreement name
Joint Proposals that the Federal Goverrment and the EZLN agree to remit to the National Debating and Decision-Making Bodies in accordance with paragraph 1.4 of the Rules of Procedure
Date
16/02/1996
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Zapatista Uprising (1994 - )
The North American Free Trade Agreement (NAFTA) between United States, Canada and Mexico implied the removal of the Article 27 of Mexico's constitution that protected the native communal landholdings. In reaction, the left-wing Zapatista National Liberation Army (EZLN) declared war against the Mexican government on the day of the signing of the NAFTA agreement, 1 January 1994.
Led by charismatic Subcomandante Marcos, the EZLN rapidly gained popularity among the left-wing youth in the Americas and in Europe and established a considerable global media presence.
Peace negotiations started in 1995, leading to several agreements, the San Andrés Accords signed in 1995 and 1996. However, socio-political tensions with the Mexican state and the lack of protection of the indigenous peoples and subsistence farmers remained unresolved. Nowadays, the Chiapas Conflict continues as a low-intensity conflict.
Zapatista Uprising (1994 - ) )
Stage
Framework/substantive - partial (Core issue)
Conflict nature
Government/territory
Peace process
82: Mexico-Chiapas peace process
Parties
EZLN, Mexican Government
Third parties
Description
This statement agrees proposals to the national legislature on amendments to legislation and constitution, creation of a new legal framework between indigenous peoples and the State, governance, principles governing the relationship.

Agreement document
MX_960216_Joint Proposals to remit to the National Debating and Decision-making Bodies.pdf

Main category
Page 4, II, 5.
It is proposed that the Congress of the Union should recognize, in the constitutional and political amendments they reach, the right of indigenous women to participate, on an equal footing with men, at all levels of government as well as in the development of the indigenous peoples.

Page 4, II, 6.
It is proposed that the Congress of the Union and the legislatures of the nation’s states, in recognition of indigenous autonomy and for the determination of its levels, should take into consideration the main rights enshrined therein, with the establishment of the mechanisms needed to ensure their free exercise. Said rights include, primarily, the following:
...
b) obtaining recognition for their internal systems of governance as they apply to regulation and punishment, provided they do not infringe constitutional guarantees or human rights, particularly those applicable to women;

Page 7, III, 5.
The satisfaction of basic needs. The State must promote mechanisms to guarantee indigenous peoples conditions that will allow them to take satisfactory charge of their food, health, housing, and, at the very least, an adequate level of well-being. Social policy must promote priority programs to improve health and nutritional standards among the children of indigenous peoples; it must also support, on an egalitarian basis, the training of women, expanding their participation in the organization and development of the family and the community. Priority must be given to the involvement of indigenous women in decisions regarding projects for economic, political, social, and cultural development.

Page 8, III, 7.
Protection for indigenous migrants. The State must promote specific social policies to protect indigenous migrants, both within the nation’s borders and beyond them, with inter-institutional actions to support women’s education and work and children’s and young people’s health and education; in rural areas, these policies must coordinate between the zones that provide agricultural laborers and those that make use of them.

Page 9, V: LEGAL AND CONSTITUTIONAL AMENDMENTS, 1.
...
d) Legislating on the rights of indigenous men and women to have representatives within legislative bodies, particularly the Congress of the Union and the state legislatures, incorporating new guidelines for the demarcation of the electoral districts covering indigenous peoples and communities, and allowing elections to be held in accordance with the applicable legislation.

Page 10, V: LEGAL AND CONSTITUTIONAL AMENDMENTS, 1.
...
e) Legislating on the rights of indigenous peoples to elect their authorities and exercise power in accordance with their own rules within their spheres of autonomy, and guaranteeing participation by women under conditions of equality.

Women, girls and gender

Participation
Effective participation
Page 3, Part II, Point 5
It is proposed that the Congress of the Union should recognize, in the constitutional and political amendments they reach, the right of indigenous women to participate, on an equal footing with men, at all levels of government as well as in the development of the indigenous peoples.

Page 10, Part V, Point 1
The essential starting point for the establishment of a new relationship between the indigenous peoples and the State is the construction of a new legal framework in the nation and in its states. The constitutional amendments recognizing the indigenous peoples’ rights must be reached by means of a creative legislative spirit, forging new policies and offering real solutions to their social problems. We therefore propose that these amendments should contain, among others, the following general elements:
...
d. Legislating on the rights of indigenous men and women to have representatives within legislative bodies, particularly the Congress of the Union and the state legislatures, incorporating new guidelines for the demarcation of the electoral districts covering indigenous peoples and communities, and allowing elections to be held in accordance with the applicable legislation.
e. Legislating on the rights of indigenous peoples to elect their authorities and exercise power in accordance with their own rules within their spheres of autonomy, and guaranteeing participation by women under conditions of equality.
Equality
Social equality
Page 7, Part III, Point 5
The satisfaction of basic needs. The State must promote mechanisms to guarantee indigenous peoples conditions that will allow them to take satisfactory charge of their food, health, housing, and, at the very least, an adequate level of well-being. Social policy must promote priority programs to improve health and nutritional standards among the children of indigenous peoples; it must also support, on an egalitarian basis, the training of women, expanding their participation in the organization and development of the family and the community. Priority must be given to the involvement of indigenous women in decisions regarding projects for economic, political, social, and cultural development.
Particular groups of women
Indigenous/nomadic women
Page 3, Part II, Point 5
It is proposed that the Congress of the Union should recognize, in the constitutional and political amendments they reach, the right of indigenous women to participate, on an equal footing with men, at all levels of government as well as in the development of the indigenous peoples.

Page 4, Part II, Point 6
It is proposed that the Congress of the Union and the legislatures of the nation’s states,
in recognition of indigenous autonomy and for the determination of its levels, should take
into consideration the main rights enshrined therein, with the establishment of the
mechanisms needed to ensure their free exercise. Said rights include, primarily, the
following:
...
b) obtaining recognition for their internal systems of governance as they apply to regulation and punishment, provided they do not infringe constitutional guarantees or human rights, particularly those applicable to women;

Page 7, Part III, Point 5
The satisfaction of basic needs. The State must promote mechanisms to guarantee indigenous peoples conditions that will allow them to take satisfactory charge of their food, health, housing, and, at the very least, an adequate level of well-being. Social policy must promote priority programs to improve health and nutritional standards among the children of indigenous peoples; it must also support, on an egalitarian basis, the training of women, expanding their participation in the organization and development of the family and the community. Priority must be given to the involvement of indigenous women in decisions regarding projects for economic, political, social, and cultural development.

Page 8, Part III, Point 7
Protection for indigenous migrants. The State must promote specific social policies to protect indigenous migrants, both within the nation’s borders and beyond them, with inter-institutional actions to support women’s education and work and children’s and young people’s health and education; in rural areas, these policies must coordinate between the zones that provide agricultural laborers and those that make use of them.

Page 10, Part V, Point 1
The essential starting point for the establishment of a new relationship between the indigenous peoples and the State is the construction of a new legal framework in the nation and in its states. The constitutional amendments recognizing the indigenous peoples’ rights must be reached by means of a creative legislative spirit, forging new policies and offering real solutions to their social problems. We therefore propose that these amendments should contain, among others, the following general elements:
...
d. Legislating on the rights of indigenous men and women to have representatives within legislative bodies, particularly the Congress of the Union and the state legislatures, incorporating new guidelines for the demarcation of the electoral districts covering indigenous peoples and communities, and allowing elections to be held in accordance with the applicable legislation.
e. Legislating on the rights of indigenous peoples to elect their authorities and exercise power in accordance with their own rules within their spheres of autonomy, and guaranteeing participation by women under conditions of equality.
International law
General IHRL, IHL and IL
Page 4, Part II, Point 6
It is proposed that the Congress of the Union and the legislatures of the nation’s states, in recognition of indigenous autonomy and for the determination of its levels, should take into consideration the main rights enshrined therein, with the establishment of the mechanisms needed to ensure their free exercise. Said rights include, primarily, the following:
...
b) obtaining recognition for their internal systems of governance as they apply to regulation and punishment, provided they do not infringe constitutional guarantees or human rights, particularly those applicable to women;
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
Constitution-making/reform
Page 4, II, 5. It is proposed that the Congress of the Union should recognize, in the constitutional and political amendments they reach, the right of indigenous women to participate, on an equal footing with men, at all levels of government as well as in the development of the indigenous peoples.
Development
Education
Page 7, Part III, Point 5
...
Social policy must promote priority programs to improve health and nutritional standards among the children of indigenous peoples; it must also support, on an egalitarian basis, the training of women, expanding their participation in the organization and development of the family and the community.

Page 8, Part III, Point 7
Protection for indigenous migrants. The State must promote specific social policies to protect indigenous migrants, both within the nation’s borders and beyond them, with inter-institutional actions to support women’s education and work and children’s and young people’s health and education; in rural areas, these policies must coordinate between the zones that provide agricultural laborers and those that make use of them.
Health (general)
Page 7, III, 5. The satisfaction of basic needs. The State must promote mechanisms to guarantee indigenous peoples conditions that will allow them to take satisfactory charge of their food, health, housing, and, at the very least, an adequate level of well-being. Social policy must promote priority programs to improve health and nutritional standards among the children of indigenous peoples; it must also support, on an egalitarian basis, the training of women, expanding their participation in the organization and development of the family and the community. Priority must be given to the involvement of indigenous women in decisions regarding projects for economic, political, social, and cultural development.

Page 8, III, 7. Protection for indigenous migrants. The State must promote specific social policies to protect indigenous migrants, both within the nation’s borders and beyond them, with inter-institutional actions to support women’s education and work and children’s and young people’s health and education; in rural areas, these policies must coordinate between the zones that provide agricultural laborers and those that make use of them.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh