La Jornada – CNDH supports reforms in the mining law
The National Commission for Human Rights (CNDH) supported the reforms and additions to the mining law, published in the Official Gazette of the Federation on 8 May, because “they affect natural territories, lands, territories and natural resources of peoples and indigenous or Afro-Mexican communities.
After a meeting of Rosario Piedra Ibarra, president of the CNDH, with representatives of various groups, organizations and civil associations on the reforms, repeals and additions to the mining, national water, general ecological balance and environmental protection laws, and for mining and water in general Waste Prevention and Holistic Management in terms of concessions indicated that it has joined their fight to protect the above reforms and additions.
These laws “clearly clash with the very powerful interests preserved so far to the detriment of the environment, and provide for the rights and privileges of indigenous or Afro-descendant peoples and communities, which establish duties and obligations for officials do. Make them possible.”
He stressed that he would spare no effort to respect and comply with the provisions of said laws in order to protect and guarantee the rights of the Mexican people.
The meeting with the Mexican Civil Council for Sustainable Forestry and ALDEA, Cambiamosla or, among others, highlighted the positive aspects of the above regulations for “respect, protection and guarantee of human rights, but also on joint action for collective defense Also agreed. interests, seriously threaten the validity of the previous law”.
The CNDH indicated that it “confirms that, in the changes made to the mining law, it was included as an objective of the said ordinance to guarantee the protection of the environment; in protected natural areas or where the population At risk, as well as a prohibition was established to grant concessions in areas without the availability of water.
Similarly, “within protected natural areas, channels or national water vessels and their federal territories, underwater bases of islands, keys and reefs, the seabed, the sub-territory of exploration, exploitation and mining of special work and work in the economic zone, in the federal maritime-terrestrial zone and in the land reclaimed from the sea”.
He asserted that these are all advances “that guaranteed human rights, in particular economic, social, cultural and environmental rights, repeatedly violated in the neoliberal era, under which the superseding order was now issued”. “
In addition, the CNDH highlighted, “Thanks to the reforms, it was established that, before granting concession title to lots located in areas of indigenous or Afro-Mexican peoples or communities, prior, free, informed, cultural forms Suitable consultation should be done.” and in good faith, to obtain the consent of the said people and communities.”
Similarly, the cost of consultation must be covered by the natural or legal person requesting the concession or assignment, and that the person who receives a decision in his favor must conduct a social impact study and an environmental impact statement. Authorization must be obtained for , as well as carrying out prevention, mitigation and compensation measures.
He stressed that all this complies with the obligations set out in Articles 6 and 15 of Convention 169 of the International Labor Organization (ILO), as well as the jurisprudence of the Inter-American Court of Human Rights, “clearly in violation of the content of The previous law, despite the fact that it is dated from 1992”.