On September 30, 2024, the Decree amending, adding and repealing various provisions of article 2 of the Mexican Constitution, regarding Indigenous and Afro-Mexican Communities, was published in the Official Gazette of the Federation.
This constitutional reform aims to recognize, guarantee and expand the rights of indigenous and Afro-Mexican communities, as well as to ensure their participation, autonomy, development and social inclusion, within the framework of national unity and respect for cultural diversity.
The following are the main additions:
- Indigenous and Afro-Mexican peoples and communities are recognized as public law subjects with legal personality and own assets, which implies that they can exercise their collective rights and demand their compliance before the competent authorities.
- The right of indigenous and Afro-Mexican peoples and communities to self-determination is established, which will be exercised within a constitutional framework of autonomy that ensures national unity. This means that they can decide their internal forms of government, coexistence and social, economic, political and cultural organization, in accordance with their normative systems and in agreement with the Constitution and the applicable laws.
- The right of indigenous and Afro-Mexican peoples and communities to be consulted on the legislative or administrative measures that are intended to be adopted, when these may cause significant effects or impacts on their life or environment, is reinforced, with the purpose of obtaining their consent or, where appropriate, reaching an agreement on such measures. Indigenous consultations will be carried out in accordance with principles and norms that guarantee respect and effective exercise of their substantive rights recognized in the Constitution. Likewise, it is established that when the administrative measure that is intended to be adopted benefits a private party, the cost of the consultation must be covered by the latter, and that the natural or legal person who obtains a profit from the administrative measures subject to consultation must grant the indigenous and Afro-Mexican peoples and communities a fair and equitable benefit, in the terms established by the applicable laws.
- The rights of indigenous and Afro-Mexican peoples and communities in matters of education, health, food, housing, communication, culture, intellectual property, natural resources, integral development, political participation and representation, among others, are expanded, with an intercultural, gender, non-discrimination and respect for their identities and cultural specificities perspective. The obligation of the authorities of the three levels of government to establish the institutions and determine the public policies that guarantee the effective exercise of these rights and their integral, intercultural and sustainable development is established, which must be designed and operated jointly with them.
The reform became effective on October 1st. From that date, the Mexican Congress has a period of 180 natural days to issue the general law on the subject and to harmonize the legal framework accordingly. Among other things, the implementing law should detail the rules applicable to the consultation process and the authorities that must participate in it and their roles, as well as the way to determine the fair and equitable benefit to be granted with respect to projects that generate profits.
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