IACHR Grants Precautionary Measures in Favor of Families in the Mixtec Indigenous Communities of Guerrero Grande and Ndoyonuyuji and of Five Missing Persons in Mexico

December 23, 2021

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 105/2021 on December 23, 2021, to grant precautionary measures in favor of families in the Mixtec indigenous communities of Guerrero Grande and Ndoyonuyuji and of five missing persons in Mexico.

The party who requested these precautionary measures said that, in a context of violence in the San Esteban Atatlahuca municipality, Mayolo Quiroz Barrios remained missing since October 10, 2021, while Marcos Quiroz Riaño, Miguel Bautista Avendaño, and Donato Bautista Avendaño remained missing since October 23, 2021, and Irma Galindo Barrios remained missing since October 27, 2021. The party who requested these precautionary measures further reported that around 300 people from the Guerrero Grande and Ndoyonuyuji communities had been displaced after their homes were burned down.

The State said that, as conflict had increased in the municipality of San Esteban Atatlahuca, it had launched talks with state authorities to create adequate conditions for peace and safety. The State also reported the launch of an investigation on these allegations and of a search for the missing persons, as well as the adoption of measures to provide humanitarian support for displaced families.

After assessing the legal and factual allegations made by the parties, the IACHR considers that the proposed beneficiaries are at risk following the series of armed attacks perpetrated in October 2021 in the communities of Guerrero Grande and Ndoyonuyuji. To make this decision, the IACHR took into consideration the precedents of conflict in the Guerrero Grande and Ndoyonuyuji communities, which the State had already been notified of. The IACHR further noted that the displacement of several families after their homes were burned down shows how serious the alleged violence is in these communities. The IACHR noted that the fate and whereabouts of the five individuals mentioned in the request for these precautionary measures remained unknown and that they had been missing for more than 30 days, despite the actions taken by the State of Mexico in this context.

Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission asked the State of Mexico to:

a) Adopt all measures necessary to:

(i) Protect the rights to life and personal integrity of indigenous families in the Guerrero Grande and Ndoyonuyuji communities, using culturally appropriate measures aimed at protecting the rights of these families, and especially of their children, women, and older persons
(ii) Preserve safety within the Mixtec indigenous communities of Guerrero Grande and Ndoyonuyuji, to prevent threats, harassment, intimidation, and other attacks against residents
(iii) Adopt any measures necessary to establish the fate and whereabouts of Mayolo Quiroz Barrios, Marcos Quiroz Riaño, Miguel Bautista Avendaño, Donato Bautista Avendaño, and Irma Galindo Barrios, in order to protect their rights to life and personal integrity

b) Come to an agreement with the representatives of the proposed beneficiaries concerning any measures that need to be taken

c) Report on any actions adopted to investigate the events that have given rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that this precautionary measure has been granted and its adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 348/21

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