Before leaving office, former President of Mexico, Andres Manuel Lopez Obrador, enacted a constitutional reform regarding the rights of Indigenous and Afro-Mexican communities. This reform will have a significant impact on projects in the energy, construction and mining sectors.
- Indigenous and Afro-Mexican communities are now legally recognized as subjects of public law.
- These communities have the right to be consulted before any legislative or administrative measures that could affect their lives or the environment may be adopted.
- Consultation will be required upon request by Indigenous or Afro-Mexican community.
- In certain cases, companies may be required to partner with the communities.
1.- Key Points
- The legal definition of an Indigenous or Afro-Mexican community remains unclear.
- Environmental NGOs may advise communities to oppose industrial development.
- Private entities benefiting from administrative measures subject to consultations must cover all associated costs.
- Communities must be compensated if individuals profit from measures resulting from the consultation process.
2.- Legal Modification.
The constitutional reform, approved by 26 state legislatures, is part of the so-called “Plan C” of constitutional reforms proposed by Andrés Manuel López Obrador. It emphasizes Mexico´s multicultural and multi-ethnic composition, acknowledging 70 indigenous peoples and the Afro-Mexican community.
Mining Practice
Pablo Méndez Alvídrez / pablo.mendez@ecrubio.com
Alejandro Guerra Herrera / alejandro.guerra@ecrubio.com
Jorge Alberto Hernández Ogaz / jorge.hernandez@ecrubio.com
Kevin Daniel Rico Motis / daniel.rico@ecrubio.com
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