Case study

The displaced people of Chiapas are the great forgotten victims of the armed conflict between the Zapatistas and the Mexican state which began in the mid-1990s. The intervention aimed to work with state and local authorities for the reduction of conflicts in Chiapas. It benefitted 25 communities with displaced persons in five municipalities in the north of Chiapas, including Tila, Tumbalá, Sabanilla and Salto de Agua, all of which have a majority speaking the indigenous language Ch´ol. The programme also included an intervention focused on the city of Ocosingo, the second largest city in the municipality. The strategy revolved around three axes:

• The promotion of public policies to strengthen the rule of law and human rights by improving access to housing for the displaced population.
• Institutional development of criminal justice, the prison system and social security.
• Reducing conflict by building a culture of peace and by rebuilding social fabric.

Among other results, there was promotion of the Law on Internal Displacement in the state of Chiapas, which improved access to justice for the displaced population. There was also the promotion of a strategic plan focused on the enforcement and pursuit of justice, and technical training given to both state and police agencies. A culture of peace was promoted in more than 25 localities of the intervention in the Ocosingo, Sabanilla, Tila, Salto de Agua and Tumbalá municipalities through a programme based on art, sports, activities at schools and the creation of a diploma in the culture of peace and multiculturalism. Moreover, 1546 infrastructure projects improved access to housing for the displaced population, through the joint work of two civil society organizations: the Centre for Training and Advice in Environment and in Health Rights (Camadds A.C. Centro de Capacitación y Asesorías Medio Ambiente y Defensa del Derecho a la Salud), in the Salto de Agua municipality, and Foro A.C. in the Tila municipality, which provided technical support throughout the process.

The intervention was undertaken in a post-conflict context where there are highly complex and dynamic contexts, which affect social, cultural, political, economic and environmental variables. This case study aims to present the lessons learned, the results, and practical examples that came out of this experience, in a way that will serve to improve knowledge relating to conflict prevention and peace building programmes.

Chiapas is a state which has had to deal with forced internal displacement for a variety of reasons throughout its history. Between 1950 and 1970, the main reasons were the construction of major development projects, such as hydroelectric dams and oil wells. Between 1970 and 1990, the main cause was religious intolerance and, to a greater extent, socio-environmental phenomena-related disasters. Finally, internal displacement in Chiapas gained high visibility due to the armed uprising of the Zapatista Army of National Liberation (EZLN), when thousands of people had to abandon their communities due to bombardments, widespread violence caused by clashes between the EZLN and the national army, and inter-community conflicts due to political differences the latter being a condition which has so far prevailed in many indigenous communities in the state.

The displaced population faces unique conditions of marginalization and greater disadvantages because, in addition to poverty, they are less able to access basic health and education services. They often suffer from the breakdown of social fabric, and the lack of social protection services, as well as have high vulnerability in terms of access to justice. There is no legal framework that addresses them or ensures the creation of public policies that respond to their specific needs. Also, as the cycle of displacement has not ended - this would involve the creation of a secure and economically sustainable method which integrates displaced families into a local area - the displaced population’s unsolved problems allow their exclusion to continue to get worse, directly affecting their long-term development.

The intervention began with a comprehensive assessment of the internally displaced population in the north in terms of the level of enforcement, delivery and administration of justice and the police and prison system. This assessment was developed, published and disseminated with recommendations to state bodies, with the goal of improving the justice system.

Once updated and correct information was available on the situation of the displaced, the programme managed to significantly impact the formulation of public policies aimed at the population of internally displaced persons at state and local levels. Specifically, the Congress of Chiapas unanimously approved the Law for the Prevention and Assistance of the Internally Displaced. This approval was the result of a process of collective and inclusive participation, coordinated by UNODC, which managed to obtain the collaboration and involvement of certain public powers (executive and legislative powers of the state government), as well as the participation of civil society organizations, state and national academies, UN agencies linked to the programme, and the UN Refugee Agency (UNHCR) as a special guest.

The adoption of this law was the result of a process of dialogue, discussion and collective awareness in order to better promote access to justice for the most vulnerable groups. The law emerged as a comprehensive and far-reaching response to one of the main demands of the displaced. It recognizes the legal status of a displaced person, sets identification criteria/conditions to prevent foreseeable displacements, and establishes mechanisms for assistance and for durable solutions to displacement. There was also the creation of a formal registry of the displaced population in the state within the Secretariat of the Government’s operational framework, and the creation of a State Board to monitor its implementation. In the municipalities where the programme is supported, the law rests within a broader framework. This law is the first legal tool on the issue in Mexico and is being used as a reference model elsewhere in the country.

In terms of strengthening institutional capacities, the programme made significant progress in achieving changes in attitude and in the acquisition of technical skills from public ministries, social advocates, experts, and state and municipal police who have jurisdiction and cover a total population of 1,806,635 inhabitants. The changes are a result of successive courses on assistance for the displaced population, conflict prevention, and building a culture of peace. These officials received certification so that they could be formally recognized by the Federal Government as the users and trainers of the new penal justice system at state level. The process of bringing judicial and public institutions closer was ended by distributing 1000 copies of an orientation guide for access to justice, which reports on, and encourages, the use of statutory legal justice.

• The programme is a point of reference on the capacity and impact of the United Nations when its agencies work together in a coordinated and multidimensional manner. Each brings its particular knowledge and experience. However, for the intervention to succeed it is very important for the roles of different agencies to be clear, and for them to reach agreements on common goals, leading to mutual learning among agencies and the other institutions involved.
• Increased coordination between agencies occurred on an operational level. A major strength of the programme was that the four agencies were set up in the same office in San Cristóbal de las Casas, which not only generated overall savings in rent, but also led to better operational planning, for example in the use of field vehicles and for visits to follow up on actions.
• Programme design is important. In programmes aimed at indigenous populations and in those where conflict is addressed, the viability of strategies cannot be taken for granted. The programmes designed from central offices, without close prior knowledge of the reality on the ground, lead to implementation problems which will probably mean them having to be altered. Performing an assessment prior to the intervention is vital to knowing the strengths, weaknesses, opportunities and threats to the prevention of violence and peace building. Accurate information is critical for developing public policies and making decisions.
• It should be ensured that the design of programmes avoids actions which could take the place of government initiatives. On the other hand, actions should also be geared towards strengthening public institutions and producing cooperation among diverse participants.
• Formalization under institutions has positive effects on strategies. Therefore actions should always aim to promote relationships with other parties, and preferably, the work of the United Nations should be in strengthening institutions. A successful example of institutionalizing a programme was the accreditation of the Diploma in Interculturality and Culture of Peace, promoted by UNESCO in collaboration with the Ibero-American University, through the Dirección General de Formación Continua de Maestros en Servicios de la Secretaría de Educación Pública (Directorate General of Continuing Education for Teachers in Service of the Secretariat of Public Education), which was endorsed as a teaching career. This led to massive demand from the teachers in Chiapas.
• In communities with a high level of internal conflict or in conditions of high marginalization and poverty, one cannot select a set of beneficiaries (for example, the displaced) which excludes the rest of the community. The intervention must benefit all of the community or, alternatively, the beneficiaries must be selected through institutions with community representatives.
• The development of the programme’s strategies substantially improved when they were incorporated into the team of fieldwork supervisors who shared the same language and culture of the population in this case the Ch’ol culture. The constant presence of field supervisors is of utmost importance, not only for monitoring work, but also to build trust with communities.
• In future programmes for conflict prevention and creation of a culture of peace, it is important for interventions to prioritize building social relationships of trust and solidarity within communities, as this is necessary for undertaking interventions focused on promoting collective action at the community level.
• The involvement and awareness of all parties involved was key for getting support from and partnering with municipalities. It is important to respect and properly plan for the different processes and timelines of each of them to avoid becoming overloaded with activities.

The practices adopted may serve as a point of reference for other conflict prevention and peace building projects being undertaken in Mexico, and also in other countries.

To strengthen the sustainability of the Law for Prevention and Assistance of the Internally Displaced in Chiapas, the programme contained provisions which would counteract any potential withdrawal of the state’s executive authority, and ensure that it was ultimately established as legislation. To this end, five information forums were held in the communities, where they imparted knowledge about the recognized rights of the displaced population, with an emphasis on the importance of their participation within the community to insist on these rights being upheld. It also drove the adoption of the law with those responsible for its drafting, so that they would continue to promote the establishment of the legislative initiative at the national level and in other states in the country. It should be noted that UNODC also designed an exit strategy that consists of two documents. In one, the process, methodology, lessons learned and good practices of drafting the bill are standardized, with the objective of being able to replicate it in other legislative processes. This document was transferred to the State Government and spread among various stakeholders at the national level. The other is a document with recommendations for an initiative for a model law on internal displacement, which was also sent to the State Executive.

The sustainability of actions in the educational sector is highly likely to have a permanent effect (in terms of knowledge and awareness of teachers) over time. The sustainability of the Diploma in Interculturality and Culture of Peace reached an important milestone in that the programme and its contents were accredited by the Directorate General of Continuing Education for Teachers in Service of the Secretariat of Public Education (SEP) as part of the National Catalogue of Professional Qualifications and was endorsed as a “Carrera Magisterial” (an officially recognized teaching specialization).

In terms of improving housing, the intervention established knowledge within communities for building cement floors, stoves, latrines and other housing projects, as well as imparting skills to operate and maintain the community infrastructure. Also, the participation that was achieved with the community assemblies, through which beneficiaries collaborated on the creation of the infrastructure, supervision, and inspecting work, contributed to social cohesion. In terms of the component aimed at improving income, the interventions undertaken in cattle rearing and beekeeping are highly likely to persist over time, considering that the beneficiaries were already performing these activities. However, in the case of vegetable gardens, there should have been more focus on distribution and marketing channels.