The "Amnesty Law for Civilian Groups in the State of Chiapas" is the proposal made on December 14, 1998 by interim Governor Roberto Albores Guillén, which is plunging the State into much controversy and many discussions by the public and within social groups concerning: a) its timing, b) its legality, c) its legitimacy, d) its consistency from a legal viewpoint, e) its morality and f) its truthfulness. The governor attempts to provide rationales for these, and other aspects, in the first part of his proposal, which is longer than the 14 articles - 3 of them provisional - of the proposal itself.

The legislative proposal is full of contradictions, omissions and legal, moral and linguistic ambiguities. We can summarize the proposal in the following general terms:

a) WHAT: Pardon is granted for the crimes of the carrying, stockpiling and possession of firearms, for all types of weapons, munitions, gunpowder, explosives, devices and chemical substances related to explosives.

b) TIME PERIOD: Those who have committed the above during the period encompassed by January 21, 1994 and December 15, 1998.

c) BENEFICIARIES: The "alleged armed civilian groups," of the state of Chiapas, adult and juvenile prisoners detained or charged exclusively for the above-mentioned crimes covered by the Federal Firearms and Explosives Law.

d) WHO IS EXCLUDED: The EZLN, based on the Law for Dialogue, Conciliation and Dignified Peace in Chiapas.

e) WHO PROPOSED IT: Interim Governor Roberto Albores Guillén to the State Congress.

f) WHO WILL APPROVE IT: The Congress of the Union.

g) WHEN IT WILL BE APPROVED: Between March and April of 1999.

h) WHEN IT WILL APPLY: The opportunity for pardon is only in existence for 90 days, from the time of the Law's approval.

i) BENEFITS TO BE DERIVED: Pardon and the cancellation of arrest warrants and all legal proceedings against them; money, seeds, tools and funds for economic programs; security from the state to ensure they will not be bothered.

j) WHAT IS NOT INCLUDED IN THE AMNESTY: All other crimes not included in 'a)' above.

k) WHO WILL ENFORCE IT: An "inter-institutional commission" will receive the weapons and explosives. This Commission will be made up of a representative from: the Federal Executive, the National Human Rights Commission, the State Executive, the State Human Rights Commission and the State Congress. In turn, this commission will turn everything over to the Department of National Defense (SEDENA).

A few observations:

1) The word "paramilitary" is never mentioned, thus explicitly and implicitly denying any ties of the beneficiaries of the amnesty with the Army, despite the fact that a member of the Army has been incarcerated for training the Acteal assassins, as have several police officers. They not only deny their origins, but they also disassociate the objectives of these groups from the Low Intensity Warfare strategy.

2) They use the term "alleged armed civilian groups." The contradiction lies in the fact that the "alleged" is used for an armed group, identified, specific and from a particular region, such as "Peace and Justice," who, at the moment they deliver their arms, will no longer be "alleged." However, the existence of the armed groups themselves, for whom the amnesty is formulated, is already being acknowledged, especially when it is stated that there has been "a continuous outcry by political parties, human rights defense organizations, and other important groups in the national population and this federal state." In other words, while society cries out, the government does not see the same reality, and it draws up an amnesty as if it only coincidentally found some indication of "alleged" armed groups who "existed," and who only they do not see.

3) These "alleged paramilitary groups" have "been increasing," according to the government, since January 1994. In relation to the previous point, the reasoning is absurd: they exist ("they increased"), but they don't exist ("alleged"), and, if they do exist, it would be for problems that are "inter-community and of religious or ideological origins, involving the possible use of firearms, objects and explosive materials." In other words, those massacred at Acteal "possibly" did not have bullets in their bodies, and they "possibly" died of something else, like those assassinated by "Peace and Justice" in the Northern Zone of the state.

4) In order "to give an opportunity to those belonging to armed civilian groups," the EZLN is used as a justification. And so, as in 1994, when the Congress of the Union and the Congress of Chiapas drew up an Amnesty Law for federal and public crimes for the EZLN, and in 1995, the Law for Dialogue, Conciliation and the Dignified Peace in Chiapas - with its corresponding state law that deferred arrest warrants and set conditions for the dialogue - now it is pardon, economic programs and the presence of the police and the Army in order to guarantee security for the repentant paramilitaries.

5) The ambiguity of the terms and the language does not allow one to distinguish who is a zapatista and who is not, when the "alleged armed civilian groups" remain armed after the time period is up for the decommissioning of arms.

6) The ambiguity of the law would allow the government to manipulate the circumstances to their own benefit, since, when they so wish, they would be able to use the proposal as a trap for the paramilitary who, with no information, comes to turn in his weapons. He could be pardoned for carrying them, but not for having assassinated or for other crimes which he might be charged with.

7) Those who have been sentenced for the Acteal massacre could be able to take advantage of the amnesty in order to reduce their prison terms.

8) In another case, if some paramilitary from "Peace and Justice" were to turn in his weapons, he could be immediately pardoned if it were not in the government's interest to charge him with any crimes besides the carrying of arms. And so, the former PRI Deputy Samuel Sánchez and Marco Albino Torres, among other of its leaders, could live in complete impunity, since no one has yet formally charged them. They have only been accused publicly.

9) It should be noted that the Federal Firearms and Explosives Law nowhere classifies an armed group as criminal, but only assigns administrative penalties to those carrying arms without permission, in order to regularize their situation; or for those who have arms for the exclusive use of the Mexican Army, delivering them or being punished administratively.

10) It is another opportunity to justify the police and military presence, since the government will be obligated by law to provide complete security and protection to those who have been "pardoned," so that no one bothers them.

11) The purported consultation, that a committee of the state Congress is carrying out in the communities, is exceptionally absurd. In some places they are only calling on the municipal presidents of the official party. In others, the original text is not being distributed. In other cases, such as in Yajalón, 500 PRI's (0.68% of the municipality) approved the proposal, as a 'consensus' of the entire northern region, which has at least 100,000 residents. As if that were not enough, the state government reports that it has held 350 consultation forums, or, taking into account work days, State Congress Deputies have held more than 10 consultations every day in the communities on the amnesty proposal since December 16, 1998, something that would appear to be impossible. They also state that "85,000 proposals" to modify the law have come out of those consultations, which, if it were true, would mean that the text has generated very little consensus. In fact, not only have many campesino and indigenous organizations demonstrated against this proposal, but all the opposition parties have as well. These "consultation" methods are similar to those the interim governor used in the first months of 1998 on his "Accord for Reconciliation," when, in just a few weeks, he managed what no one has been able to achieve: more than 90% of the population voting in favor of it, which is how he justified his "war strategy," as the National Intermediation Commission (CONAI) characterized it.

12) The government is accomplishing at least three other things through its purported consultation on the law in the municipalities: dividing the communities, encouraging discussion on the possibility of having the time period for applying amnesty extended to one year, in order to win over the "paramilitaries." And to encourage demands to disarm the EZLN as well.

13) During the months of March and April two key decisions for Chiapas will be being addressed in the Congress of the Union: this amnesty proposal and the presentation of the results from the EZLN's National Consultation of March 21. Both issues will be vying for space for debate.

14) As in the case of the redistricting process, the enforcement of this law is once more in the hands of the government and the official party. The inter-institutional committee that will be receiving the arms is in the hands of the Federal and State Executive, the State and Federal Human Rights Commissions and the State Congress, which is also controlled by the PRI. Opposition parties are excluded, as are the Congress of the Union, human rights defense groups, civil society and the Judicial branch.

15) The proposal to grant amnesty to the paramilitary groups is presented as being "suitable," "conciliatory and inclusive." Nonetheless, we would say that it is immoral: that those whom they have armed, trained, protected, those who have stolen, assassinated, displaced children, women and the elderly - they are able to pardon with the ambiguous use of the law. That they may provide them with security and protection, and, ultimately, give them money. Tools and help for economic programs. The campesino and indigenous organizations, who have been demanding land, health care, education, etcetera, for decades, have been the recipients of more misery and violence. It would appear that it is easier to obtain fair demands through paramilitary violence than through civil, peaceful and legal means. Nor is it a measure that conciliates, but rather it confronts, and impunity is given the name "inclusion."

16) The amnesty makes no distinction as to political, religious or ideological affiliation, for which reason the government might be interested in including other groups in this law, who have not been accused of being armed by the public, but who have been by the paramilitary groups.

17) Once the time period for turning in arms is up, who will qualify if armed groups continue to exist? With the time period expired, the government will indeed then have to enforce the law against paramilitary groups. They will no longer be "alleged." They could detain any campesino, or carry out police-military operations in the zapatista communities that are not formally in the poorly named "conflict zone."

18) Those armed groups who take advantage of the amnesty can now form civil associations (A.C.) in order to receive government funds. They will then go from being an armed organization to a kind of NGO ("non-governmental organization"), as "Development, Peace and Justice, A.C." is trying to do. Or they can also become part of the municipal police bodies.

And while this amnesty proposal is being discussed, new violent events have occurred during this month of January. At the same time that a new paramilitary group is being announced in the municipality of Pantelhó, bordering Chenalhó, the Peace and Justice group kidnaps and assassinates Antonio González Méndez in Sabanilla and sets up a checkpoint in the municipality. During that time, members of Peace and Justice publicly state the possibility of their soliciting affiliation with the EZLN, so they can be excluded from the amnesty, and their later disarmament in case they do not take advantage of it. Despite this new public confession of being armed (PRD Deputy Samuel Sanchez himself had previously confirmed it), State PRI Deputy, Raymundo Hernández Trujillo denies this report. The PRI leader, Reynol Ozuna leapt to the defense of the paramilitary group, stating that "the political institute is proud to have them in our ranks, because they represent activists who have been faithful to our party." Abelardo Méndez, of "The Voice of Cerro Hueco" prisoners organization, however, reported that Peace and Justice is responsible for more than 100 assassinations, 30 rapes, the stealing of more than 3000 heads of cattle, the burning and looting of hundreds of homes and the expulsion of the people.

The Organization for the Defense of Indigenous and Campesino Rights, who have already been pointed out as alleged paramilitaries, deny that they have arms, while at the same time expressing their support for the amnesty proposal. Similarly, other organizations of the state corporate apparatus are expressing their support.

The head of the Department of Social Development, Esteban Moctezuma, stated that there are no indications that the Chiapas government has diverted resources from programs to fight poverty in order to arm paramilitary groups. At the same time, the civil organization Las Abejas, unable to return to their communities, are organizing brigades for coffee cutting in Chenalhó with the help of humanitarian organizations and personnel from the National Human Rights Commission (CNDH), due to their well founded fears of violence on the part of the paramilitaries. It is within this context that Antonio Jiménez Díaz, Arturo Jiménez Vázquez and Armando Parado Estrada, from "The Voice of Cerro Hueco" organization, are sentenced to 13 to 15 years in prison in Yajalón for confrontations with Peace and Justice, who are the very ones who are accusing them. Thus, amnesty for some, jail for others.

While the national Confraternity of Evangelical Christian Churches (COFRATERNICE) hires 5 lawyers to free 84 prisoners in the Cerro Hueco jail, located in Tuxtla Gutiérrez, the state capital, displaced indigenous in San Cristóbal de Las Casas move to take refuge in Acteal and accuse Emilio Rabasa, alleged coordinator for dialogue, of not having kept his promises to help the displaced. Elsewhere, after the government vehemently denies their participation in the Acteal massacre, even just two months ago, during the first anniversary, the former State Attorney General, Jorge Enrique Hernández Aguilar, is in hiding following the issuance of an arrest warrant for him over his responsibility in the massacre. There are now indications that paramilitaries, police, soldiers and high public officials are implicated. What is this? What can one call this, when it is constantly denied, up to this very moment, by the government? Some call it cynicism, others double language, others, simply, 'political autism.'

In 1998 around 829 Mexican military personnel received some type of military training in the US, of which 305 attended the School of the Americas, according to El Observador newspaper (1/20/99): how much more will be budgeted for those who will be trained during 1999?

In summary, we can make these and other conclusions from the amnesty law. Here is the text: make your own judgment.

AMNESTY LAW FOR THE DISARMAMENT OF

CIVILIAN GROUPS IN THE STATE OF CHIAPAS

(Second and Final Part) (Complete text)

Article 1. - Amnesty is declared, under the terms and conditions established by this law, for all those persons who are part of armed civilian groups in the State of Chiapas, without distinction as to political, ideological or religious affiliation, against those whom legal action has been, or is being, taken, before the relevant courts, for the crimes of carrying, possession or stockpiling, punishable by the Federal Firearms and Explosive Law, as long as the commission of the aforementioned illegal acts commenced between the 21st of January of 1994 and the 15th of December of 1998.

Article 2. - The persons referred to in the second paragraph of Article 1 of the Law for Dialogue, Conciliation and the Dignified Peace in Chiapas are excluded from the application of this law, in virtue of the fact that that ordinance establishes, in Subsection VI of its Article 2, specific provisions which the Congress of the Union should attend to, when they see fit, in order to declare the corresponding amnesty.

Article 3. - The amnesty ends legal actions and sanctions imposed exclusively in regards to the crimes it covers, leaving open responsibility which can be imputed to individuals to whom it can be applied, deriving from other acts characterized as illicit by federal laws, or which constitute crimes against the life and physical integrity of persons, or against their property or rights, under the terms of the laws of public order of the State of Chiapas.

Article 4. - Individuals belonging to the civilian groups to which Article 1 of this law refers, will receive the benefits of amnesty once they have delivered, within the time period of ninety days from the time this law enters into effect, all types of weapons, munitions, gunpowder, explosives, devices and chemical substances related to explosives, which they have in their possession.

Article 5. - The Federal Public Ministry will declare all legal actions void, which are being pursued concerning ongoing investigations, and, for their part, federal legal authorities will cancel arrest warrants which are pending execution, in regards to those persons who find themselves in those circumstances referred to in the previous article of this law, as long as they have complied in time and form with the stipulation of having delivered their arms and other instruments referred to in the preceding article.

Article 6. - Federal legal and administrative authorities will declare the corresponding dismissals in relation to those under charges, or they will declare the cancellation of the penalties imposed on those who have been sentenced, of those who belong to the civilian groups mentioned in Article 1 of this law, who have only been charged with the commission of the crimes of possession, carrying and stockpiling covered in the present amnesty. In those cases in which they are charged with the commission of other federal or public order crimes, dismissal will only be ordered in relation to those illicit acts covered in the amnesty, or the penalties imposed will be proportionally be reduced.

Article 7. - The Attorney General of the Republic and the legal authorities, as well as the administrative ones, who are in charge of the treatment of minors and other subjects who may not be punished, but who would have been charged for the illicit acts referred to by the amnesty, will proceed de oficio in the application of this law.

Article 8. - The persons who will benefit from the application of this law cannot in the future be detained, apprehended, charged or disturbed in any way, for those illicit acts covered by this amnesty, committed under the terms specified in Article 1 of this ordinance.

Article 9. - Government authorities who are in charge of public security will take all measures necessary in order to guarantee orderly coexistence and public tranquility in the communities of the State of Chiapas where those persons are living who have complied with the condition envisaged in Article 4 of this law in order to take advantage of the benefits of amnesty.

Article 10. - The Federal Government as well as the Government of the State of Chiapas will implement support programs for the members of the civilian armed groups who take advantage of this law, providing them with farm tools, seeds, machinery and agricultural equipment, as well as with economic programs and technical assistance, that will allow them to improve their finances, individual and family well-being, and that will contribute to their social development.

Article 11. - A Commission will be formed, made up of a representative from the Federal Executive; a representative from the National Human Rights Commission; a representative from the Executive branch, a representative from the Congress and a representative from the State Human Rights Commission of the State of Chiapas; that will be responsible for the implementation of the relevant actions, the collection of the arms, objects and materials specified in Article 4 of this law, and their later delivery to the Secretary of National Defense, as well as the monitoring of the application of the respective programs. Said commission will immediately inform those authorities mentioned in Articles 5, 6 and 7 of this law of every case of collection in order that the corresponding legal procedures might be effected.

Provisional Articles

First. - This law will become effective the day following its publication in the Official Diary of the Federation.

Second. - The commission referred to in Article 11 of this law should be formed within three days following the law's coming into effect.

Third. - The current law shall be announced through the media of the State of Chiapas, and should remain posted for a time period of ninety days, in the various towns of said federation entity, in the Spanish language as well as in the indigenous languages corresponding to each region.

With no further notation, I reiterate my most sincere and distinct considerations to that H. State Sovereignty.

(signature of the interim governor of Chiapas, Roberto Albores Guillén)

(End of Text)

(Note: underlinings are ours)

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