According to the National Institute of Indigenous Peoples (INPI in its Spanish acronym) and the Ministry of the Interior (SEGOB in its Spanish acronym) “there is a need to harmonize and reform the Political Constitution of the United Mexican States, in accordance with the various international and national legal instruments on human rights of the indigenous and Afro-Mexican peoples, as well as in the jurisprudential criteria and in the recommendations of various bodies of the United Nations Organization and the Inter-American Human Rights System.”
For this reason, on June 21st, the Mexican government began “the free, prior and informed consultation of the indigenous and Afro-Mexican peoples and communities, “which will aim to “receive opinions, and proposals on the principles and criteria that will sustain the Constitutional Reform Initiative and the corresponding regulatory laws on the rights of indigenous and Afro-Mexican peoples.” There will be 54 Regional Consultation Forums, 53 in Mexican territory and one last forum on August 4th in Los Angeles, California, USA specifically for the indigenous migrant population.
In the regional forums indigenous municipal authorities; community authorities, delegates, agents, curators, heads of tenure, site authorities, assistantships, among others, depending on what the federative entity may be; traditional indigenous and Afro-Mexican authorities; indigenous and Afro-Mexican agrarian authorities (communal and from ejidos); organizations, institutions and citizens belonging to indigenous and Afro-Mexican peoples, and academic and research institutions related to indigenous and Afro-Mexican peoples, may participate.
In a first informative stage, the subjects consulted must be informed through a wide dissemination of information on the subjects to be consulted. “For this, the document “Principles and Criteria for Constitutional and Legal Reform” has been prepared with the topics and their possible contents that encourage reflection, debate and consensus of proposals.” In addition, “community assemblies, discussion groups, workshops, among others, will take place in indigenous and Afro-Mexican communities and communities, as well as in academic institutions specialized in the investigation of indigenous problems.” In accordance with the consultation protocol, these actions will be done from the issuance of the convocation and up to one day before the Regional Consultation Forums.
The consultation focuses on the following topics:
With the purpose of generating the greatest possible consensus in the different subjects subject to consultation, a National Forum will be held in Mexico City on August 7th, 8th and 9th. In this National Forum representatives will participate, who must be indigenous authorities who were elected in the regional forums.
“For the follow-up of the agreements and consensus reached in the consultation process, in the National Forum, among the participants, a Follow-up Commission will be chosen that will have the objective of establishing dialogues with the national debate and decision-making bodies, as well being in charge of promoting the deliberation and analysis of the Constitutional Reform proposals and, where appropriate, the reforms to the corresponding secondary laws. Said Commission shall be composed of an equal number of men and women.”
Pueblos indígenas y afromexicano inician consultas para fortalecer sus derechos (Aristegui Noticias, 21 de junio de 2019)
Publica DOF protocolo de consulta para reforma sobre derechos indígenas (La Jornada, 21 de junio de 2019)
CONVOCATORIA al proceso de consulta libre, previa e informada para la Reforma Constitucional y Legal sobre Derechos de los Pueblos Indígenas y Afromexicano. (Secretaría de Gobernación, 13 de junio de 2019)
PROTOCOLO DE LA CONSULTA LIBRE, PREVIA E INFORMADA PARA EL PROCESO DE REFORMA CONSTITUCIONAL Y LEGAL SOBRE DERECHOS DE LOS PUEBLOS INDÍGENAS Y AFROMEXICANO (Instituto Nacional de los Pueblos Indígenas, 3 de junio de 2019)
PUBLICACIÓN DE LOS DOMICILIOS EN QUE SE REALIZARÁN LOS FOROS REGIONALES DE CONSULTA (Instituto Nacional de los Pueblos Indígenas)
National/International: UN Special Rapporteur for Indigenous Peoples Calls on AMLO Government to Comply with International Standards on Indigenous Consultation for Megaprojects in their Territories, March 19th, 2019