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 / [email protected]
Alejandro Guerra Herrera / [email protected]
Jorge Alberto Hernández Ogaz / [email protected]
Kevin Daniel Rico Motis / [email protected]

 

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