22.5.2024

What does the Constitutional Reform initiative entail with regard to indigenous and Afro-Mexican peoples and communities?

On February 5 of this year, President Andrés Manuel López Obrador presented a constitutional reform initiative to the Chamber of Deputies, focusing on indigenous and Afro-Mexican peoples and communities. This proposal seeks a broader and more effective recognition of their rights, as well as to improve their living conditions. Below, we delve into the key aspects of this initiative:

Recognition of subjects of public law

The initiative seeks to grant legal personality and their own heritage to indigenous and Afro-Mexican peoples and communities, positioning them as subjects of public law. This implies full recognition of their rights and a better legal situation for these communities.

Right to consultation and consent

The right to free, prior, informed, culturally appropriate and good faith consultation is strengthened. This means that these communities should be consulted before adopting legislative or administrative measures that could significantly affect their lives or environments, seeking to obtain their consent or reach an agreement.

Access to justice and specialized assistance

Access to justice is guaranteed for indigenous people, ensuring that they can be assisted and advised by interpreters, translators, defenders and experts specialized in indigenous rights, legal pluralism, gender perspective, and cultural and linguistic diversity.

Promotion of indigenous education and culture

The use of indigenous languages and other cultural elements in communication media, telecommunications and education is recognized and guaranteed. In addition, it seeks to extend the communication network to facilitate articulation between peoples and communities.

Special attention to indigenous girls, boys, adolescents and young people

Policies and programs are established to ensure the full exercise of the rights of this group, as well as to prevent and treat addictions.

Recognition of the rights of Afro-Mexican communities

Afro-Mexican communities are recognized as subjects of public law, ensuring special attention to their needs and rights.

This constitutional reform initiative seeks to guarantee greater protection and recognition of the rights of Indigenous and Afro-Mexican Peoples and Communities in Mexico. If this proposal is approved, legislative and administrative adjustments are expected to be made to implement these changes within 180 days.

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