Mexico – Nahua Indigenous Community in Michoacán Wins Appeal Against Mining Concessions
- Federal Judge orders the Ministry of Economy to suspend all mining concession titles in San Juan Huitzontla and orders a consultation with the community.
- The ruling has been handed down as the SCJN prepares to analyse the Mining Law, showing the relevance of this decision due to the negative impact of mining on indigenous rights throughout the country.
On 21 January, the Sixth District Judge based in Uruapan, Michoacán, granted an injunction to the Nahua community of San Juan Huitzontla, located in the Sierra-Costa area of the municipality of Chinicuila, against the granting of mining concession titles by the Ministry of Economy, on the grounds that it ignored the community's right to free, prior and informed consultation.
Thus, more than three years after the legal process was initiated, in which the community has been legally represented by the Centro Prodh, the judgment issued in the Amparo 590/2018 trial recognised the violation of the rights of the indigenous community and declared the suspension of the mining concession titles to two companies until the community is consulted.
In light
of this important ruling, the Federal Executive - through the Ministry of
Economy - which, despite the political alternation of 2018, essentially
maintained the same positions in the process that were contrary to indigenous
rights as in litigation of this nature over the last two six years, should
refrain from challenging the ruling obtained by the community of San Juan
Huitzontla. Failure to do so would violate the collective rights to protection
of indigenous land and territory that it is obliged to protect.
Huitzontla's struggle against mining joins that of multiple communities that have turned to the federal judiciary to demand respect for their right to consultation and the defence of their land and territory.
In this context, it is essential to highlight that the ruling in favour of San Juan Huitzontla has been issued when the SCJN is preparing to analyse, on 2 February, the Amparo en Revisión 134/2021, presented by the indigenous community of Tecoltemi, in the Sierra Norte de Puebla, accompanied by Fundar - Centro de Investigación y Análisis and the Consejo Tiyat Tlali. The appeal seeks that the highest court not only cancel the mining concession titles, but also declare the Mining Law unconstitutional and unconstitutional for violating the land and territorial rights of indigenous peoples. Given the importance of the decision, Centro Prodh submitted an Amicus Curiae brief to the Court which, based on the experience accumulated in the struggle of San Juan Huitzontla and other processes that inspired our "Anti-Mining Manual", emphasises the negative impact that large-scale mining generates for hundreds of communities in our country and argues the incompatibility of the current Mining Law with the Constitution and international treaties signed and ratified by Mexico.
If the
SCJN does not carry out an in-depth analysis of the Mining Law, it will
continue to validate legislation that allows the concessioning of their lands
and territories without considering the obligation to consult them and obtain
their free and informed consent. This in a context in which the majority of
indigenous communities and peoples in our country do not have the material
conditions to sustain lengthy litigation against powerful economic interests.
If the Mining Law is validated again, communities and indigenous peoples,
already in a historically vulnerable situation, would have to go endlessly to
courts and tribunals to sue for the serious effects that mineral exploitation
has on community life, in conditions of clear inequality vis-à-vis mining
companies and exposed to irreparable damage to their territories and ways of
life.
For this reason, while celebrating the victory represented by the suspension of the mining concessions in the territory of San Juan Huitzontla, Centro Prodh and the community join the voices demanding a comprehensive review of the legislation in this area, a process in which the imminent decision of the SCJN is fundamental.
Source: Centro Prodh
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