25
amount of marginalization and poverty.54 In general, the indigenous population is
in a situation of extreme vulnerability, and this is revealed in different forums,
such as in the administration of justice and health care services. In many cases,
the members of this population are defenseless because they do not speak
Spanish and do not have interpreters, owing to the absence of financial resources
to hire a lawyer, to travel to health care centers or to the courts, and also because
they are often victims of abusive practices or practices that violate due process.55
Owing to this situation, members of the indigenous communities do not use the
organs of justice or the public agencies engaged in the protection of human rights,
because they distrust them or because they fear reprisals.56 In the case of
indigenous women, the situation is even worse, because filing complaints
concerning certain events has become a challenge that requires them to overcome
many obstacles, including rejection from their own community as well as other
“harmful traditional practices.”57
79.
Among the forms of violence that most affect women in the state of
Guerrero, there exists “institutional military violence.”58 The presence of the army
performing police work in Guerrero has been a polemic issue regarding individual
and communitarian rights and freedoms, and this situation has placed the
population, particularly the women, in a situation of extreme vulnerability.59
According to the Secretariat for Women’s Affairs in the state of Guerrero,
“[i]ndigenous women continue to suffer the consequences of a patriarchal structure
that is blind to gender equity, particularly within institutions such as the armed
forces or police, whose members are trained to defend the nation, and to combat or
attack criminals, but who are not sensitized to the human rights of the community
and of women.”60 In this context, between 1997 and 2004, complaints were filed in
54
Cf. Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra note 52,
folio 13615; Program for the institutional and social strengthening for the exercise of the rights of
indigenous women: Illiteracy, Violence against women, Maternal Mortality [Programa para el
fortalecimiento institucional and social para el ejercicio de los derechos humanos de las mujeres
indígenas: Analfabetismo, Violencia contra las mujeres, Mortalidad Materna], Secretariat of Women,
Secretariat of Indigenous Matters, Secretariat of Education, Secretariat of Health, and Attorney General
of Justice Office of the State, Guerrero Government of the State, July 2008 (file of annexes presented by
the State during the public hearing, tome IX, annex 4, folio 12993 and 12994); Model of Reference of
Cases of Gender Violence for the state of Guerrero [Modelo de Referencia de casos de Violencia de
Género para el Estado de Guerrero], Secretariat of Women’s Affairs for the state of Guerrero, December
2008 (file of annexes presented at the public hearing, tome X, annex 6(5), folios 13412 and 13413);
Report on the Human Rights of women in Guerrero, Sociodemographic information of the Municipality of
Ayutla de los Libres [Diagnóstico de los Derechos Humanos de las mujeres en Guerrero, Información
sociodemográfica del Municipio de Ayutla de los Libres], Secretariat of Indigenous Matters of the state
of Guerrero, 2010. (file of annexes presented at the public hearing, tome IX, annex 3, folio 12871), and
statement made before public notary by the expert witness Stavenhagen, supra note 52, folio 1444.
55
Cf. Reference Model 2008. Secretariat of the Women’s Affairs by the state of Guerrero, supra
note 54, folio 13412, and Development of Networks for the detection, support, and reference of cases of
violence against indigenous women of Guerrero [Desarrollo de Redes de detección, apoyo y referencia
de casos de violencia contra las mujeres indígenas de Guerrero], Secretariat for Women’s Affairs of the
state of Guerrero and National Network of Shelters, December 2008 (file of annexes submitted at the
public hearing, tome X, annex 6(4), folios 13242 to 13251).
56
Cf. Report 2003, United Nations Office of the High Commissioner for Human Rights in Mexico,
supra note 28, folios 325 and 326, and declaration rendered before a public notary by expert witness
Stavenhagen, supra note 52, folio 1445.
57
Cf. Network Development 2008, Secretariat for Women’s Affairs of the state of Guerrero and
National Network of Shelters, supra note 55, folio 13248, and declaration rendered before a public
notary by expert witness Stavenhagen, supra note 52, folio 1445 to 1447.
58
Cf. Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra note 52,
folios 13628, 13634, and 13625, and Report 2003, United Nations Office of the High Commissioner in
Mexico, supra note 28, folio 325.
59
Cf. Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra note 52,
folio 13635.
60
Network Development 2008, Secretariat for Women’s Affairs of the state of Guerrero and
National Network of Shelters, supra note 55, folio 13247.