The increasing concern of different communities in the Montaña and Costa Chica region about mining concessions also resulted in a parallel legal process using Guerrero State’s municipal law to reject mining and prevent authorities endorsing extractive projects. In 2016, municipal level assemblies (cabildos abiertos) were promoted and supervised by CRAADET with the municipal authorities of Malinaltepec and Iliatenco.Continue reading “2016- Municipal assemblies vote against mining”
Subsoil Jurisdiction Archives
1992 Reform of Article 27 of Mexican Constitution
Article 27 of the Mexican Constitution establishes all land within the country’s borders as originally belonging to the nation, which grants rights of possession in the form of property. The nation maintains the right to impose forms of private ownership on the basis of public interest, and to regulate the exploitation of natural resources forContinue reading “1992 Reform of Article 27 of Mexican Constitution”
1992-2001 Constitutional Reforms to recognise Mexico’s pluricultural identity and Indigenous rights
There has been a long struggle for the recognition of the rights of indigenous peoples in Mexico. An important achievement of this movement was the 1991 ratification by the Mexican government of the Indigenous and Tribal Peoples Convention 169 of the International Labour Organisation (ILO). In 1992, article 4 of the Constitution was reformed toContinue reading “1992-2001 Constitutional Reforms to recognise Mexico’s pluricultural identity and Indigenous rights”
2011 Constitutional reforms in relation to human rights treaties
In 2011, after many years of campaigns for clearer constitutional protection of international human rights norms, reforms to Article 1 of the Constitution were enacted. These recognised the constitutional status of international human rights treaties and required laws relating to human rights to be interpreted in conformity with the constitution and human rights treaties, applyingContinue reading “2011 Constitutional reforms in relation to human rights treaties”
1992 Mexican Agrarian Law
The 1992 Agrarian Law regulated the constitutional reforms of the same year, creating the agrarian courts and prosecutor to handle land disputes and reforming the Agrarian Land Registry. It maintained the ejido and agrarian community as legal entities alongside extended forms for private involvement in the rural economy. Above all, it established the right ofContinue reading “1992 Mexican Agrarian Law”
1992 Mexican Mining Law
The 1992 Mining Law and subsequent reforms established the legal framework to facilitate foreign capital investment in the exploration and exploitation of the nation’s mineral resources. Article 6 states that “the exploitation, exploration and benefit of the minerals […] are of public utility” and as such “will have precedence over any other use or exploitationContinue reading “1992 Mexican Mining Law”
2011- Indigenous communities reject mining in their territories
In 2010, Me’phaa and Na Savi indigenous communities in La Montaña and Costa Chica regions of Guerrero began to observe outsiders entering and surveying their lands and to hear of reports of concessions being granted by the authorities to international companies for mining exploration and exploitation on their territories. San Miguel del Progreso, in theContinue reading “2011- Indigenous communities reject mining in their territories”
2012-2013 Decree to establish La Montaña Biosphere Reserve, and regional mobilization of indigenous communities against the initiative
In 2012, the Mexican federal government agency, the National Commission for Protected Nature Areas (CONANP) and the Guerrero state Ministry of Environment and Natural Resources initiated the legal process to establish a Biosphere Reserve in La Montaña region of Guerrero. This involved quietly trying to convince some communities in the Alta Montaña region to acceptContinue reading “2012-2013 Decree to establish La Montaña Biosphere Reserve, and regional mobilization of indigenous communities against the initiative”
2013 Community makes freedom of information request
In March and May 2013, communal authorities of San Miguel del Progreso filed freedom of information requests with the support of the Centre for Human Rights of La Montaña -Tlachinollan (CDHM Tlachinollan). The petitions based on the General Law on Transparency and Access to Public Information were directed through the System for Information Requests (INFOMEX)Continue reading “2013 Community makes freedom of information request”
2013-2016 San Miguel del Progreso files first challenge to mining concession
On 15 July 2013, the communal authorities of San Miguel del Progreso filed a federal injunction for constitutional protection or judicial review (amparo). The legal action made two principle claims: the first argued that articles 10, 15 and 19 of the 1992 Mining Law violated Mexico’s Constitution and International human rights treaty obligations, such asContinue reading “2013-2016 San Miguel del Progreso files first challenge to mining concession”