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”
Subsoil Key Actors Category Archives
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”
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”
2013-2016 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”
2015-2019 San Miguel del Progreso files petition for constitutional protection against “Declaration of Vacant Mining Lot”
On 11 December 2015, San Miguel del Progreso, supported by the Human Rights Centre of La Montaña – Tlachinollan (CDHM Tlachinollan), filed a second petition for constitutional protection (amparo) against the “Declaration of Vacant Mining Lot 02/2015” (Declaración de Libertad de Terreno) issued by the Ministry of Economy in the Official Gazette in November 2015(forContinue reading “2015-2019 San Miguel del Progreso files petition for constitutional protection against “Declaration of Vacant Mining Lot””
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”
2018 Eviction of protest encampment
On 31 July 2018, after repeated failures of local and national authorities to address their concerns regarding the ASP mining concessions, the Municipal Committee in Defence of Common and Public Goods (CMDBCP) and supporters established a protest encampment on the access road to the mine. The protest encampment in defence of water and life lastedContinue reading “2018 Eviction of protest encampment”
1998-2013 Honduran Mining Laws [ASP1 and ASP2]
In 2013, the Honduran Government, led by President Porfirio Lobo Sosa of the National Party of Honduras (PNH), enacted a new General Mining Law (the “2013 Mining Law”). This law revoked the 1998 Mining Law and lifted a moratorium on new mining concessions. The drafting of the 2013 Mining Law involved input from experts assignedContinue reading “1998-2013 Honduran Mining Laws [ASP1 and ASP2]”
2012-2013 Creation and reconfiguration of Montaña de Botaderos National Park
On 8 October 2012, the Honduran Congress passed a law (Legislative Decree 127-2012) creating the Montaña de Botaderos National Park to protect local biodiversity and ecosystems and as part of commitments to maintain the Mesoamerican Biological Corridor (in 2017, the park was renamed Montaña de Botaderos Carlos Escaleras National Park, after a murdered environmental activist).Continue reading “2012-2013 Creation and reconfiguration of Montaña de Botaderos National Park”
2019 Constitutional challenge to decree modifying Montaña de Botaderos National Park
On 25 February 2019, members of Municipal Committee in Defence of Common and Public Goods (CMDBCP) and the San Alonso Rodríguez Foundation, and accompanied by the Coalition Against Impunity, filed a constitutional challenge or judicial review (recurso de inconstitucionalidad) of Decree 252-2013 which had reduced the dimensions of the Core Zones of Montaña de BotaderosContinue reading “2019 Constitutional challenge to decree modifying Montaña de Botaderos National Park”
