CIVICUS discusses enforced disappearances in Mexico with a member of the International Network of Associations of Missing Persons.

The crisis of disappearances in Mexico has reached alarming proportions, with over 52,000 unidentified bodies in morgues and mass graves. On 1 July, the Mexican Congress approved controversial changes to the General Law on Disappearances, which promise to modernise the search process through a national biometric system, but which human rights organisations and victims’ groups claim could establish an unprecedented system of mass surveillance.

What are the main changes and how will they affect searches?

The changes seek to strengthen the mechanisms for searching for, locating and identifying missing persons. The main innovations include the creation of a National Investigation File Database and a Single Identity Platform that will integrate various databases. The revised law also provides for the strengthening of the Unique Population Registry Code (CURP) through the incorporation of biometric data such as iris scans, photographs and fingerprints.

The law obliges authorities and individuals to provide information useful for search processes and incorporates new institutions such as the National Guard and the Ministry of Security into the National Search System. It also increases the penalties for the crime of enforced disappearance.

The new system aims to ensure faster and more efficient searches through technology and inter-institutional coordination. It also provides for the use of satellite imagery and advanced identification technologies, under the coordination of the National Search System.

What risks are posed by the authorities’ access to biometric data?

There are serious concerns that the changes give security and justice institutions, including prosecutors’ offices, the National Guard and the National Intelligence Centre, immediate and unrestricted access to public and private databases, including those containing biometric information. The official argument is that this will speed up searches.

However, civil society warns that the Single Identity Platform and the biometric CURP could become instruments of mass surveillance. It is feared the authorities could misuse the information and, instead of helping to find missing persons, use it to help control the population, putting the rights to privacy and security at risk.

How have victims’ groups reacted?

Victims’ collectives have rejected the reform as opaque and rushed. They complain that, although round table discussions were organised, these were merely symbolic and their proposals were not taken into account.

The families of missing persons argue the changes focus on technological solutions that don’t address the underlying structural problems of corruption, cronyism, organised crime and impunity. But no technological solution will work as long as the institutions responsible for abuses and cover-ups remain in charge of implementing it.

This law runs the risk of repeating the mistakes of the 2017 General Law on Enforced Disappearances. That was an important step forward, as it criminalised the offence, created a national search system and sought to guarantee the participation of families in locating and identifying missing persons. Unfortunately, it was never properly implemented. There are fears this new law, in the absence of effective enforcement mechanisms, will only deepen frustration and perpetuate impunity.

What alternatives do victims’ groups propose?

Their demands go beyond legislative changes: they demand truth and justice through thorough investigations, the prosecution of those responsible in state institutions and organised crime groups and an effective search in the field, with the coordination and active participation of victims’ groups.

The collectives also stress the urgency of identifying the over 52,000 unnamed people in morgues and mass graves, and are calling for the creation of an Extraordinary Forensic Identification Mechanism. And they demand real protection for those searching for their relatives, who continue to face threats and attacks.

Above all, they demand an end to impunity through the dismantling of the networks of corruption and collusion between authorities and organised crime. As one local activist summed it up, at the end of the day, without a genuine National Plan for Missing Persons, none of this will work. Each state also needs its own plan. Otherwise, we will remain in the same situation: without results, without reports and without answers about our disappeared.