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 Type of Legal Action Archives
2019 Meeting in Congress to question government officials on Cerro Blanco
In December 2019, a Guatemalan congressman convened a working meeting in the Guatemalan Congress to formally question the Ministries of Energy and Mines, Environment and Natural Resources, and Health regarding the health and environmental impacts of the Cerro Blanco mine and Bluestone Resources’ plans to reactivate the project. The meeting was convened in accordance withContinue reading “2019 Meeting in Congress to question government officials on Cerro Blanco”
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”
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”
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”
1992-2001 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”
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”
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]”
2015 Law to protect Human Rights defenders and journalists
In May 2015, Decree 134-2015 created the Law to protect human rights defenders, journalists and justice officials. In 2016 the regulatory code of the law was enacted. The 2015 law, modelled on similar experiences in the Latin American region, was passed in response to national and international pressure to address the wide range of threatsContinue reading “2015 Law to protect Human Rights defenders and journalists”
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”