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85785
2006-11-15 17:51:00
06MEXICO6481
Embassy Mexico
UNCLASSIFIED//FOR OFFICIAL USE ONLY
06MEXICO5005|06MEXICO6085|06MEXICO6150|06MEXICO6195
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UNCLAS SECTION 01 OF 05 MEXICO 006481 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM MX
SUBJECT: PRESIDENT FOX'S POLITICAL, HUMAN RIGHTS, AND 
FOREIGN POLICY LEGACY 
 
REF: A. MEXICO 5005 
     ¶B. MEXICO 6195 
     ¶C. MEXICO 6150 
     ¶D. MEXICO 6085 
 
------- 
Summary 
------- 
 
¶1. (SBU) This is the fourth in a series of four cables 
assessing President Fox's legacy.  In the political area, 
Fox's greatest achievements were overseeing Mexico's first 
true political opening, which included a strengthening of the 
separation of powers and respect for limits on the 
president's power, improving access to government 
information, accepting press freedom, and creating Mexico's 
first civil service law.  Only modest achievements were made 
in the area of human rights, despite a promising start.  In 
foreign policy, the Fox government was proactive in its 
relationship with the U.S. and largely supportive--with the 
important exception of Iraq--of U.S. policy objectives, 
particularly in the Western Hemisphere.  Despite these 
accomplishments, Fox's political shortcomings were 
significant and a brief discussion of them follows at the end 
of this report.  End summary. 
 
----------------------- 
A New Political Opening 
----------------------- 
 
¶2. (SBU) Fox is credited with ending one-party rule and 
opening Mexico's political system.  Not long before President 
Fox, the Mexican Congress--dominated by the PRI--essentially 
represented a rubber stamp for the President's policy 
proposals, and cabinet officials, including the Secretary of 
Government, were essentially agents of control.  Under Fox, 
Mexico's highest office became a true constitutional 
presidency, considerably weakened in comparison to the PRI 
years by the PAN's lack of control over the Congress.  Fox 
accepted limits on his power, and used his Secretary of 
Government as an agent of negotiation rather than control. 
 
----------- 
Rule of Law 
----------- 
 
¶3. (SBU) Transparency: One of President Fox's most important 
accomplishments was the passage and implementation of Freedom 
of Information (FOIA) laws which, by the end of 2005, were in 
effect for the federal government, Mexico City, and 26 states 
(only two states had such laws in 2001).  These laws are a 
cornerstone in Mexico's fight against corruption.  The annual 
number of requests made under the federal FOIA Law jumped 
from 24,000 in 2003 to over 50,000 in 2005, and organizations 
were created to promote the use of FOIA mechanisms and 
monitor compliance by the federal and state structures. 
Mexico's FOIA laws and enforcement mechanisms have been 
hailed as international models. 
 
¶4. (SBU) Anti-corruption: Although deep-rooted corruption 
remained pervasive in Mexican society and government, 
President Fox prioritized the fight against it.  He 
encouraged government entities to play a role in promoting 
transparent, accountable governance and sound financial 
management.  The Fox administration also made its government 
procurement regime more transparent through policies and 
technologies that resulted in increased competition and 
savings for the government.  Nevertheless, most Mexican 
external audit institutions (primarily at the state level) 
continued to lack the operational and budgetary independence 
to protect their actions from political interests.  More 
broadly, Mexico's record on law enforcement, investigation, 
and prosecution remained poor, and the federal and local 
police departments and judiciary are still plagued by 
corruption.  Criminality and violence remained widespread 
during the Fox administration. 
 
MEXICO 00006481  002 OF 005 
 
 
 
¶5. (SBU) Press freedom: Mexico's poor international ranking 
in press freedom did not improve, despite Fox's efforts to 
make the government press operation more open and 
transparent, his decision to end stipend payments to 
reporters in the president's press corps, and a general 
improvement in the relationship between government and media. 
 Mexico ranks among the worst in Latin America and 135th out 
of 167 countries measured by the World Press Freedom Index, 
particularly because of the threats to journalists covering 
drug and organized crime-related stories.  However, one of 
Fox's key accomplishments was that he refused to bribe the 
press, as former administrations often had.  Although a 
culture of accurate and ethical reporting was encouraged, 
drug-related violence against journalists led to 
self-censorship, especially along the border region. 
Furthermore, few NGOs opened to support further 
democratization of the journalism sector, and journalists 
were too frequently taken to court on libel charges, a 
criminal offense in Mexico. 
 
¶6. (SBU) Judicial reform: President Fox generated a national, 
public discussion concerning the need for modernization of 
Mexico's criminal justice system, including oral trials. 
Although judicial reforms stalled at the federal level during 
the Fox years, 10 states have now reformed or are in the 
process of reform and all presidential candidates in the 2006 
elections committed to federal judicial reforms as a result 
of President Fox's efforts. 
 
¶7. (SBU) Mexico's electoral institutions: During the Fox 
administration, Mexico's electoral bodies were widely hailed 
as international models and considered to be among the 
country's most modern, well-structured, and efficient 
national institutions.  Nevertheless, the contested 2006 
presidential elections, in which numerous irregularities in 
the election process were alleged, strained the credibility 
of the Federal Electoral Institute (IFE) and the Federal 
Electoral Tribunal (TEPJF) in the eyes of some citizens. 
President Fox was criticized by the TEPJF for his oblique 
endorsement of Felipe Calderon and criticisms of Andres 
Manuel Lopez Obrador (AMLO) during the campaign, although his 
actions--along with those of pro-Calderon business 
groups--were deemed insufficient to undermine the overall 
integrity of the election (ref A). 
 
--------------- 
Good Government 
--------------- 
 
¶8. (SBU) Under President Fox, the executive branch became 
more accountable, transparent, and citizen-centered.  In 
2003, Mexico passed its first-ever Civil Service Law, which 
introduced an on-line application system, competence-based 
hiring, and an innovative human resources platform.  The 
GOM's good government agenda also included the initiation of 
digital government services (eGov), the development of 
citizen charters that set standards for service delivery, and 
the reduction in the percentage of public servants working in 
administrative jobs from one out of two to one out of four. 
Despite the introduction of a merit-based civil service, the 
extent to which these standards are consistently applied is 
not yet clear. 
 
¶9. (SBU) Federal and local governments also began to 
institute international best practices in regulatory reform. 
In an effort to address the competitiveness decline, the Fox 
administration initiated the "Lenguaje Ciudadano" program, 
based on the U.S. Plain Language initiative, which simplifies 
the language of regulatory transactions, improves 
transparency, reduces corruption, and makes policies more 
understandable to citizens. 
 
------------ 
Human Rights 
------------ 
 
MEXICO 00006481  003 OF 005 
 
 
 
¶10. (SBU) As a matter of policy, the GOM under Fox generally 
respected human rights, but violations consistently took 
place at the state and local levels.  These included unlawful 
killings by security forces; kidnappings, including by 
police; torture, particularly to force confessions; poor and 
overcrowded prison conditions; arbitrary arrest and 
detention; corruption, inefficiency, and lack of transparency 
in the judicial system; domestic violence against women often 
perpetrated with impunity; and trafficking in persons, 
allegedly with official involvement. 
 
¶11. (SBU) The Fox administration's early initiatives in 
office were ambitious in promoting human rights, but the 
translation into practical results, especially at the state 
and local levels, proved disappointing.  Early in its term, 
the Fox administration sought to address the prevalence of 
torture, comply with international human rights commitments, 
improve the human rights practices of police and prosecutors, 
and build the capacity of NGOs to work with the government. 
 
¶12. (SBU) On his first day in office, Fox signed an agreement 
with the UN High Commissioner for Human Rights that led to 
the establishment of a UN office in Mexico, with a three year 
mandate to assess human rights and provide technical 
assistance.  While the UN office issued recommendations, 
laying the foundation for a National Human Rights Program to 
coordinate policy, the government's response achieved few 
tangible results.  Non-governmental organizations invited to 
participate in the program eventually withdrew due to the 
perceived absence of a working relationship with the GOM. 
 
¶13. (SBU) Despite efforts by the UN office and within the 
National Human Rights Program to implement the Istanbul 
Protocol, torture is still practiced in Mexico.  The GOM made 
this admission in its December 2004 report to the UN.  In 
August 2006, the National Commission for Human Rights (CNDH) 
asserted that torture by police increased during the Fox 
administration. 
 
¶14. (SBU) In addressing heightened international concern over 
the murders of women in Ciudad Juarez, the Fox administration 
designated a Commissioner and a Special Prosecutor, allocated 
funds to the families of the victims, and assigned an 
Argentine forensic team to examine the cases. Progress 
resulted when an assertive state attorney general in 
Chihuahua began to investigate in earnest the murder cases in 
¶2004.  State authorities identified most of the victims and 
closed the majority of cases.  Murders of women, often tied 
to domestic abuse, continue in Juarez and in cities across 
the country. 
 
¶15. (SBU) Mexico, ranked as a Tier 2 Watch List country by 
the State Department for three consecutive years, has made 
some progress in addressing trafficking in persons.  The 
Senate passed an anti-trafficking law, although it remains in 
the lower chamber for approval; the federal police have 
designated a unit to investigate trafficking cases; high 
level officials are speaking publicly about the problem; and 
outreach campaigns have raised awareness.  Nonetheless, 
trafficking remains pervasive and allegedly involves 
officials at all levels of government. 
 
¶16. (SBU) A Special Prosecutor's Office was established under 
Fox to investigate human rights violations that occurred 
during Mexico's "dirty war."  The investigations into the 
alleged massacres of student protesters in 1968 and 1971 
largely ran into dead ends and the dogged pursuit of former 
president Luis Echeverria on charges of genocide proved 
elusive.  Regarding cases of forced disappearances, the 
Office achieved several indictments and arrests but no 
convictions. 
 
-------------- 
Foreign Policy 
-------------- 
 
MEXICO 00006481  004 OF 005 
 
 
 
¶17. (SBU) Under Fox, Mexico took steps to move away from its 
historic noninterventionist posture and embrace a more 
activist, energetic foreign policy that often, though not 
always, coincided with broad U.S. policy objectives.  It 
hosted a series of international summits, took a seat on the 
UN Security Council for the first time in three decades, and 
was instrumental in the formulation of the Human Rights 
Council, to which it became Chair.  The Fox administration 
negotiated a series of new trade agreements, and reached out 
politically, economically, and diplomatically to Asia--and 
China in particular--in important new ways. 
 
¶18. (SBU) Fox was more public than his predecessors about 
Mexico's need to be proactive in its relationship with the 
U.S., although elements of the "old Mexico think" persisted. 
He felt that Mexico had more to gain by seeking common ground 
with the U.S. than turning its back or keeping its distance, 
and Fox largely supported U.S. positions in the Western 
Hemisphere, including on Cuba, Venezuela, and human rights in 
the region.  Despite some early waffling in its support of 
the U.S. following September 11, 2001, the GOM under Fox 
cooperated in most of what we asked of it, especially on 
anti-terrorism security issues.  The one glaring exception 
was Iraq, over which the GOM seemed to unnecessarily 
antagonize the U.S. while getting nothing in return. 
President Fox, who expected comprehensive immigration reform 
in the U.S., also seemed to overplay his hand on this 
contentious issue.  He continued to have de facto access to 
the U.S. labor market, which provided a safety valve for a 
country unable to create sufficient jobs, but did not 
accurately read the U.S. political climate as he pressed for 
reform. 
 
¶19. (SBU) The Fox administration's motivation to formalize 
and deepen bilateral cooperation (and trilateral cooperation 
via the Security and Prosperity Partnership, SPP) represented 
a positive change in approach from previous Mexican 
administrations.  Fox's idea of a NAFTA Plus helped to enable 
initiatives such as the Partnership for Prosperity (P4P) and 
SPP.  P4P created a permanent bilateral mechanism to discuss 
the need for economic development to rein-in northward 
migration and generate public-private partnerships to improve 
Mexico's competitiveness and attractiveness as a destination 
for foreign investment. 
 
--------------------- 
Failures/shortcomings 
--------------------- 
 
¶20. (SBU) Fox's record was far from perfect.  His presidency 
coincided with a political transformation in Mexico that 
severed the ties between the PRI and the presidency but left 
the old institutional structures unreformed.  Fox failed to 
push through an overhaul of obsolete political and judicial 
institutions required to more effectively govern.  The 
electoral institutions, Central Bank, and Supreme Court 
appear to be the only institutions that were well-prepared 
for Mexico's young multiparty democracy.  The president's 
power was significantly reduced in the new political 
configuration, which was prone to gridlock. 
 
¶21. (SBU) Although Fox was elected as a reformer, many of his 
proposals, including labor, fiscal, and energy reform, were 
defeated because of absent cooperation between the political 
parties.  Lack of an early strategy for governing and of 
political vision, experience, and skill contributed to Fox's 
difficulties.  Because neither Mexico's institutions nor its 
politicians were ready for the new political openness 
resulting from the PRI's presidential defeat, they sensed 
weakness in Mexico's first truly democratically elected 
president and challenged him at nearly every turn. 
 
¶22. (SBU) Fox led few policy initiatives.  During his six 
years in office, there was no new economic policy, energy 
policy, or social policy.  Many of his successes, whether the 
 
MEXICO 00006481  005 OF 005 
 
 
transparency law, the maintenance of macroeconomic stability, 
or the implementation of social programs such as 
Oportunidades, came from outside the president's office and 
often represented a continuation of previous policies rather 
than something new. 
 
¶23. (SBU) In the area of foreign policy, a well-known Mexican 
political analyst told poloff that Mexico had opened a 
Pandora's Box by focusing on migration rather than keeping it 
under the radar, given the obstacles to real progress.  He 
also assessed that it was unwise for Mexico to have joined 
the UNSC, because Mexico had not adequately defined its 
national interests, and its presence on the UNSC inevitably 
led to disagreement with the USG on some issues.  (Note: 
Others, including former Foreign Secretary Jorge Castaneda, 
believe that while it was due time for Mexico to assume a 
higher profile, the GOM needed to develop a better 
understanding of the stakes involved in playing on the global 
stage.  End note.)  Some political observers here feel that 
Fox unnecessarily weakened Mexico's relationships with other 
Latin American and Caribbean countries.  Although Mexico 
moved closer to the U.S. under Fox, the exaggerated 
expectations on both sides of the border were disappointed 
when Fox hesitated in responding to the changed environment 
following September 11, 2001. 
 
------- 
Comment 
------- 
 
¶24. (SBU) Mexican and American political observers often 
remark that Fox's single greatest accomplishment was winning 
the 2000 election, no small feat given the stranglehold the 
PRI held over Mexico for 71 years.  He led a peaceful and 
conflict-free transition from what had been a one-party 
government, and ushered in a new era of political openness. 
At the beginning of the Fox administration, expectations that 
Mexico would rapidly progress were high on both sides of our 
shared border.  We held democratization writ large as our key 
priority, with an emphasis on adherence to the rule of law. 
Although Fox's efforts to eliminate endemic corruption 
achieved limited results, Fox succeeded in pushing through a 
transparency law with the aim of increasing government 
accountability.  While Mexico's new freedom of information 
law made the government more accountable to the citizenry, 
the country's human rights problems, including the use of 
torture to obtain confessions, saw little progress.  Despite 
his failure to achieve major reforms, Fox maintained high 
approval ratings throughout much of his administration, 
reflective of widespread Mexican respect for the presidency 
and Fox's personal charisma and his reputation for having 
good intentions.  After he leaves office on December 1, 
history may treat President Fox more kindly than his 
persistent political opponents have. 
 
 
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