Martín Barrios Hernández

Update on Martin Barrios case
April 20, 2006
source: Maquila Solidarity Network

We are writing to update you on the international campaign in defence of Martin Barrios and other members of the Human and Labour Rights Commission of the Tehuacan Valley in Mexico’s State of Puebla. We are not requesting that you take action at this time, though we may get back to you in the future if there are new developments that require your solidarity.

Protective measures

As we reported in our last update, on February 21, 2006, the Inter-American Commission for Human Rights (IACHR) granted protective measures for Martin, as well as for the other members of the Commission and members of Martin’s family. The IACHR then directed this recommendation to the Mexican Federal Government. The IACHR’s recommendation came in response to continuing threats against Martin and other members of the Commission.

In a meeting with the Ministry of the Interior on March 6, 2006, at which the Mexican Human Rights Centre “Miguel Agustin Pro Juarez” and representatives of the Government of Puebla, the Federal Police and the Ministry of Foreign Relations were also present, the Commission requested that the safety of its members be insured not by state or municipal police bodies, but by the Federal Government directly.

At the meeting, federal authorities agreed to provide staff of the Commission with mobile phones and a security camera to be installed in the entryway to Martin’s house. It was also agreed that the Federal police would have a “continuous” presence outside their houses and would accompany them if they were to leave the Tehuacan area. According to the Commission however, in reality, the federal police presence has been very limited.

Continuing pressure against the Commission

According to the Commission, there have been rumours in Tehuacan that a new arrest warrant might have been issued for Martin and that a major local manufacturer could have instigated the warrant. In January, Martin was arbitrarily detained for two weeks in a Puebla state prison on false charges alleging he had attempted to blackmail maquila owner Lucio Gil Zarate.

We also received word that some groups in Tehuacan, especially those linked to the maquila owners, the Mayor, and a former congresswoman, are trying to force Martin’s resignation as District Electoral Counsellor for the Federal Electoral Institute (IFE), arguing that his participation in the Zapatistas’ “Other Campaign” goes against the Institute’s guidelines.

Brands and maquiladoras

At MSN’s urging, on March 20 a joint letter signed by Levi’s, Gap, American Eagle, Phillips-Van Heusen, Polo Ralph Lauren and Warnaco was sent to the Governor of the State of Puebla, Mario Marin, calling on his government to ensure the safety of Martin, other members of the Commission and Martin’s family.

The letter also stated: “As companies that seek to source in countries and from suppliers that share our commitment to ensuring the respect for workers’ rights, we believe that local labour rights non-governmental organizations can play an important role in working with manufacturers, government and buyers to help improve labour practices and working conditions in the apparel industry. They should be able to express their views freely and operate without fear of violence.” (See MSN website for full text.)

The letter gained considerable attention in the Mexican media, where it was seen as another chapter in the national scandal involving the State Governor and Mexico’s “denim king,” Kamel Nacif, concerning the arbitrary arrest and detention and attempted rape of the Mexican journalist Lydia Cacho. The letter served to intensify the debate on whether the governor’s reluctance to take a leave of absence while investigations into his conduct were taking place might now be putting the state’s economy at risk.

The week after Governor Marin received the letter from the brands, Tommy Hilfiger withdrew its contracts from its two suppliers in Tehuacan. That information was made public by the Puebla State Government without any explanation as to the reason for the company’s decision.

The National Chamber of the Apparel Industry (CNIV) reacted to these events by initially claiming that the brands’ joint letter was fabricated and trying to portray the situation in the industry as stable. Once it was clear that the letter was authentic, the CNIV tried to minimize its importance, saying that the brands who signed the letter represent “only 1% of the state’s economy,” and that Tommy’s decision to pull orders from Tehuacan reflected a normal fluctuation in the market and had no relationship to labour rights issues in the factories or the political crisis in the state.

Also, the CNIV denied the allegations made by the Commission regarding the black listing of workers that were active in Martin’s defence as witnesses in the legal proceedings, protestors in the demonstrations in Tehuacan, or participants in the Zapatistas’ “Other Campaign” when it passed through the Tehuacan region. The CNIV has made its denial public, even though most of the workers that took part in these activities are currently out of work.

Lucio Gil’s Case

On March 25, the legal proceedings began against Martin’s former accuser and owner of the “Calidad en Confecciones” maquila, Lucio Gil, at the Local Conciliation and Arbitration Board (Junta Local de Conciliación y Arbitraje). Gil is accused of unjustly dismissing 163 workers at the factory who participated in a legal strike. This is an eight-week process involving daily appearances by members of the Commission at the labour board to present witnesses and evidence concerning the alleged unjust dismissals.

Political context

On both the state and national level, the pressure against Governor Mario Marin has been growing, with several lawsuits filed against him for influence peddling, torture, abuse of authority, and espionage. He has also been called to testify by the federal government’s General Prosecutor, as has Kamel Nacif.

On April 18, Mexico’s Supreme Court voted 6 to 4 in favour of forming a special commission, as provided for in the Mexican constitution, to investigate whether government officials violated journalist Lydia Cacho’s civil rights when she was arrested last year and transported 20 hours across state lines to Puebla to face defamation of character charges brought by Nacif with the Governor’s alleged collaboration.

In Puebla, there have been several demonstrations demanding the Governor’s resignation, one with 40,000 participants, another with 10,000, and many smaller demonstrations.

According to unofficial information, the National Committee of the PRI has asked Marin to resign, as has the PRI’s presidential candidate, Roberto Madrazo, claiming that the so-called “gober precioso” (precious governor) has damaged Madrazo’s campaign. The Mexican federal elections will take place on July 2.

Conclusion

Thanks once again to all of you who responded to our urgent action alerts on this case. You letters played an important role in helping to gain Martin’s release from prison and providing some degree of protection for Martin, his family members, and his co-workers at the Commission during this difficult period.

Please watch for future urgent action alerts if and when further support is needed. Again, thanks for your support over these last months.