Femicide in Mexico: An Unpunished Crime
Cross-posted from The Red Elephant Foundation
Femicide in Mexico has been brought to light since the beginning of the 1990s when Ciudad Juarez witnessed
the killings and disappearances of hundreds women and girls in the
state of Chihuahua. However, despite international attention and strong
condemnations against the Mexican government -which the Inter-American
Human Rights Court considered as one of the main responsible of the killings-, the situation of femicide in the country has worsened.
The concept of femicide has
been highly debated by feminists, scholars and international
organisations, having almost a collective consent that femicide can be
understood as ‘the killing of females by males because they are
females’. Femicide is usually perpetrated by men, and in some rare
cases, other females may be involved. When compared to male homicide,
femicide is generally committed by partners or former partners, and
involves domestic ongoing abuse, threats or intimidation, sexual
violence or situations in which women have less or fewer power and
resources than their partner. The situation of femicide in Mexico more
accurately reflects what Marcela Legarde (former
Mexican government representative and Chair of the Special Commision on
Femicide) described as ‘a crime of the state which tolerates the
murders of women and neither vigorously investigates the crimes nor
holds the killers accountable’.
The spread violence across the country in
the last decade, aggravated by economic crises and inequality, has a
direct impact on violence against women, which comprises a wide range of
physical and physiological undermining acts. Comprehensive measures to
eradicate these acts and behaviours have not been adequately
implemented and collecting data on femicide in the country can be quite
challenging, as police and medical data-collection entities do not have
the necessary information, or in the worst cases –which is actually
extremely common-, is highly manipulated and used as political propaganda.
Human rights groups and international organisations highly differ with official statistics on femicide. Some academics
even argue that at this point, one of the greatest challenges in
Mexico’s fight for gender justice is to come out with real numbers of
what has been going on since Juárez in 1990. Several actors are involved
in the process of gathering information, from local media to
international NGOs, to investigative agencies and human right bodies,
which all agree that the crime of femicide has severely increased in all
32 states of Mexican territory.
In a 23-year period which witnessed the crucial
struggle for gender equality policies, public awareness, creation of
commissions and agencies to monitor women’s human rights, and most
importantly, the fight over the criminalisation of femicide in national
legislation have not yet reach their ultimate goal since Juárez. On the
contrary, it has gotten worse.
Femicide in Mexico has increased by around 55 per
cent between 1990 and 2011. The easiest way to come with an approximate
number is through the analysis of statistics per state taking into
account different sources from a variety of actors. Let us focus for
example on the case of the state of Mexico, in which our now President
Enrique Peña Nieto was then governor and in which between 2005 and 2011,
around 4.379 women
were killed. These figures show that femicide in the state of Mexico
only was ten times higher than Ciudad Juárez during the same period of
time. In 1990, a woman in Ciudad Juárez was killed every 12 days, and by
2011 a woman was killed every 20 hours.
In the state of Sinaloa just in 2010, over 110 women were killed out of 100.000 female inhabitants. Baja California -which was widely known for its 0.0 rates
in killings of women between 1990 and 1992- reported 3.9 murders of
women only in 2011, while Durango witnessed the killings of 15 in 2010. Morelos –which was the worst state to be a woman in 1999- had a rate of 5.1 and by 2012, it was 6.3. One of the most shocking cases is the state of Nuevo León, which in 2001 had a rate of 0.4 and by today, it records a total of 9.2 women murdered out of 100.000 female inhabitants, meaning that in 13 years femicide is 23 times higher.
The NGO National Citizens’ Observatory on Femicide
says that in 17 out 32 states the crime may increase in the next five
years. Femicide continues despite judgments from
international tribunals, reports and condemnations by international
organisations, and will keep on as a matter of urgent concern in a
country already facing high levels of insecurity and widespread
violence. Patriarchal based-systems of inequality and exclusion, as well
as a systematic pattern of impunity, are a reflection of the lack of
access to justice. Closure is far from being reached to those who have
lost their women and girls not only in the mentioned states, but also in
others such as Oaxaca, Tamaulipas and even my home, Jalisco.
Various international human rights mechanisms have
issued several recommendations, and the government adopted a legal
framework to ensure the right of women to a life free from violence and
discrimination through the General Law of Access for Women to a Life Free of Violence in 2007. However, the Mexican government failed its legislation through the alteration or lack of information; frequent absent cases of
violence against women presented before the National Bureau of Data and
Information; or having the National System to Prevent, Sanction and
Eradicate Violence against Women to discard situations of emergency in
relation to the killings of women in the state of Mexico and others,
and in the worst cases, not even publicly acknowledging the alarming
situation of femicide in the country which clearly violates its
constitutional obligations and international human rights law
instruments.
Mexico needs to revise its codification efforts in
criminal codes at the local levels, which would represent a breakthrough
that allows the crystallization of the problem, facilitate the
development of prevention and sanctioning mechanisms, as well as
providing justice to thousands and thousands of victims. Penalties for
crimes committed against women, represent the biggest challenge to
overcome femicide in local criminal codes. And lastly, Mexico needs to
overcome its critical and alarming impunity-based system, in which human
rights are severely undermined.
It seems that in over 20 years violence against women
has suffered major setbacks, despite the government’s ‘progressive
administrations’ and positive international discourses. Eradicating mass
killings of women and tackling impunity are not part of the
government’s agenda. At least not in this administration.
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