National: Online Forum “Struggle for Self-determination in Legal Policies and Frameworks in Mexico” Held

On October 14th, the virtual forum “The Struggle for Self-determination in Legal Policies and Frameworks in Mexico” was held, which was convened by the Alliance for Free Determination and Autonomy (ALDEA), a platform that represents indigenous people from a dozen states in the country.

ALDEA members stated that “the collective rights of indigenous peoples, in particular self-determination and autonomy, must be constitutionally guaranteed, in order for Mexico to comply with the international agreements it has signed on the matter.” They urged to put the collective rights of indigenous communities before those of corporations that seek to establish megaprojects in their territories. They asked the government to move “from speech to action”, approving the constitutional reform that it promised them to be recognized as subjects of public law and have autonomy over their territories.

Citlali Hernandez, coordinator of the Defense Line of the Territory of SERAPAZ, explained that indigenous peoples ask to stop being considered as “public interest entities”, “as if they were minors protected by the State, and it is this who decides what is the best for them.” He added that a constitutional reform to recognize them as subjects of public law would give them their own autonomy in their territories with their legitimate governmental, spiritual and security figures.

Felicitas Martinez, a member of the Community Police Regional Coordinator, presented how this system has been working in Guerrero, under ILO Convention 169.

Francisco Cali Tzay, United Nations Special Rapporteur on the Rights of Indigenous Peoples, ratified for his part that the harmonization of Mexican laws with international treaties on indigenous rights must begin with the recognition of these peoples as subjects of public and judicial law. He also expressed his concern over the fact that the government of Andres Manuel Lopez Obrador has proposed a cut of almost 58% in the budget of the National Institute of Indigenous Peoples: “Although it is necessary to redirect funds to face the pandemic, this should not be at the expense of the suffering of indigenous peoples. That is not by sacrificing them, this time of COVID-19 is when the States must most support these communities, which are the ones that have felt relegated from public policies against the disease”, he said.

For her part, the rapporteur on the rights of indigenous peoples of the Inter-American Commission on Human Rights (IACHR), Antonia Urrejola Noguera, indicated that although Mexico has made progress in addressing international recommendations on the matter, so far these they have not been fully met. “The self-determination of these peoples is fundamental in order for them to be considered as differentiated groups that require decision-making to project themselves as a political conglomerate and because their exercise conditions their own physical and cultural survival, as peoples differentiated from the rest of the societies”, she explained.

For his part, the newly appointed representative of the Office in Mexico of the United Nations High Commissioner for Human Rights, Guillermo Fernandez-Maldonado Castro, pointed out that Latin American States have ratified many international treaties on the rights of indigenous peoples, but “there is a huge gap in effective implementation. People only feel the impact of a norm if it is applied, not if it only exists.”

For more information in Spanish:

Foro virtual “La lucha por la libre determinación en las políticas y marcos legales en México” (ALDEA, 14 de octubre de 2020)

Derechos de indígenas deben reconocerse constitucionalmente: expertos (La Jornada, 14 de octubre de 2020)

Asociaciones de pueblos indígenas exigen al Gobierno que les reconozca sus derechos y sus territorios (El País, 15 de octubre de 2020)

Derechos indígenas debe garantizarlos la Constitución, coinciden expertos (La Jornada, 15 de octubre de 2020)

La CIDH pide a México evitar imponer megaproyectos a comunidades indígenas(Palabras claras, 15 de octubre de 2020)

For more information from SIPAZ: