Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 169) relative aux peuples indigènes et tribaux, 1989 - Mexique (Ratification: 1990)

Constitutional reform. The Committee recalls that, in 2019, a process of dialogue and consultation was held with indigenous peoples and the Afro-Mexican people through 54 regional forums and the proposals made were presented to the President of the Republic to serve as a basis for constitutional reform initiatives. The Committee welcomes the promulgation, on 30 September 2024, of the Decree reforming, adding and repealing various provisions of article 2 of the Political Constitution of the United Mexican States, concerning indigenous and Afro-Mexican peoples and communities. The Committee notes with interest that the reform recognizes indigenous peoples and communities as subjects of public law with legal personality and their own heritage; it also recognizes their right to decide, in conformity with their own legal systems and in accordance with the Constitution, their internal forms of governance and their representatives; and further recognizes that Afro-Mexican peoples and communities have the status of subjects of public law, with legal personality and their own heritage. The Committee requests the Government to provide information on the changes in legislation and practice following the constitutional reform.

Articles 2 and 33 of the Convention. Coordinated and systematic action. The Government indicates in its report that the National Indigenous Peoples Institute (INPI) has been promoting participatory processes with a view to identifying and jointly building alternative solutions to the main problems affecting indigenous peoples, through direct intercultural dialogue between the traditional authorities, the members of communities and senior officials in government entities and institutions. The Government provides information, in particular, on comprehensive justice and development plans (justice plans) developed by individual indigenous peoples, in collaboration with the INPI and other government bodies. The Committee notes with interest that the justice plans aim to redress historical, specific and demonstrable grievances or injustices committed by the Mexican State against a particular indigenous people and contain binding, compensatory agreements reached between the Government and the traditional authorities. The Government indicates that justice plans are being developed or implemented in: Sonora for the Yaqui, Seri-Comca’ac, Guarijío-Makurawe, Yoreme and Mayo peoples; in Jalisco, Nayarit and Durango for the Wixárika, Náayeri, O’dam/Au’dam and Mexikan peoples; in Chihuahua for the Ralámuli, Ódami, Oichkama and Warijó peoples; in Veracruz for the Chinantecas and Mazatecas del Valle de Uxpanapa communities; and in Chiapas for the communities of the communal property in the Lacandona area. With regard to the National Indigenous Peoples Council (CNPI), which, according to the information available on its web page, is the body for participation, consultation and liaison with indigenous and Afro-Mexican peoples, the CNPI was established on 24 February 2024 with the participation of 181 councillors representing 65 indigenous peoples and the Afro-Mexican people, 19 representatives of the federal entities and representatives of the indigenous and Afro-Mexican peoples committees of the Congress of the Union.

The Committee welcomes the agreements reached between the Government and certain traditional authorities and requests the Government to keep it informed on the implementation of the justice plans with respect to the reparation and restitution of the rights of the peoples concerned and their members. The Committee also requests the Government to provide information on the action taken by the INPI as part of its mandate to define, develop, implement and evaluate policies and programmes for indigenous and Afro-Mexican peoples with a view to the effective implementation of the Convention, developing a coordinated and systematic action with the participation of indigenous and Afro-Mexican peoples, and the results. In this respect, the Committee requests the Government also to provide examples of how, in practice, indigenous and Afro-Mexican peoples participate in the work of the INPI through the CNPI, including the design and monitoring of policies and programmes.

Article 3. Human rights and fundamental freedoms. The Committee notes with regret that various United Nations bodies and/or mandate holders have on various occasions, including in 2024, raised concerns in relation to acts of violence, including attacks, threats, forced disappearance and murders, as well as the criminalization and intimidation of human rights defenders involved in defending indigenous peoples’ rights (including in AL MEX 8/2024; AL MEX 7/2024; AL MEX 1/2024; AL MEX 1/2023 and CERD/C/MEX/CO/22-24, 25 June 2024). The Committee recalls that for indigenous and tribal peoples to be able to assert and enjoy the rights set out in the Convention, Governments must adopt appropriate measures to guarantee a climate free from violence, pressure, fear and threats of any kind. The Committee requests the Government to indicate the measures taken to investigate the acts of violence, intimidation and persecution identified by the United Nations bodies, in order to ascertain responsibilities and punish the perpetrators. The Committee recalls that failure to take immediate action in this regard could create a climate of impunity that affects the exercise of the rights of the peoples concerned. Further, the Committee urges the Government to take the necessary measures to ensure adequate protection for the life, physical safety and psychological well-being of the peoples covered by the Convention and their representatives, leaders and defenders.

Reproductive health. In response to the Committee’s previous comments, the Government indicates that as part of the Programme for the Comprehensive Well-Being of Indigenous Peoples (PROBIPI), the INPI promotes the prevention of gender-based violence, with the participation of indigenous and Afro-Mexican women, at various stages of life, encouraging the exercise of their sexual and reproductive rights with an intercultural and gender perspective, as well as an intersectional approach. The Government also refers to traditional indigenous medicine projects for the promotion of community health, which envisage the establishment, rehabilitation, refurbishment and equipping of spaces for the practice and teaching of traditional medicine and midwifery, as well as for the promotion of community health.

Furthermore, the Committee notes with interest: (i) new article 2 of the Constitution, which recognizes the right of indigenous peoples and communities to develop, practice, strengthen and promote traditional medicine, as well as midwifery to provide pregnancy, childbirth and postpartum care, and also recognizes practitioners, including their health practices and knowledge; and (ii) the adoption of the Decree reforming, adding and repealing various provisions of the General Health Act with regard to traditional midwifery (Official Gazette, 26 March 2024), according to which the objectives of the national health system include the promotion of respect, knowledge and development of traditional midwifery and the practice of traditional midwifery under decent conditions. It also provides that the health authorities, in the organization and operation of mother and child health services, shall implement measures to ensure that the activity of traditional midwives is respected, protected and guaranteed in conditions of dignity and in accordance with their healing methods and practices, as well as the use of their biocultural resources. Moreover, the Committee notes with concern that, according to the National Survey of Discrimination (ENADIS) 2022, 20.7 per cent of the indigenous population aged 12 years and above experienced discrimination in health services and 46 per cent of indigenous women aged 12 years and above indicated that they had been denied medical attention or medicine. The Committee also notes that the United Nations Committee for the Elimination of Racial Discrimination, in its concluding observations of 2024, expressed concern at the lack of effective access to intercultural health services that take into account the cultural diversity of the population (CERD/C/MEX/CO/22-24).

The Committee requests the Government to pursue its efforts to ensure that indigenous persons access sexual and reproductive health services on a voluntary basis. The Committee requests the Government to provide information on: (i) the manner in which traditional birth-giving is linked with the national health system and how it is ensured in practice that indigenous and Afro-Mexican peoples and communities have access to sexual and reproductive health services which are of quality and culturally appropriate; and (ii) examples of how the participation of the peoples and communities concerned has been ensured, in practice, in the design and implementation of sexual and reproductive health programmes and other relevant measures, including the Indigenous and Afro-Mexican Women’s Forums.

Article 6. Consultation. The Committee notes the Government’s indication in relation to the right to consultation that the INPI provided support to the Congress of the Union in the consultation process with indigenous and Afro-Mexican peoples in respect of the General Bill on Consultation of Indigenous and Afro-Mexican Peoples and Communities. With regard to the consultation processes undertaken, the Government indicates that the INPI drafted a document, entitled “Right to Free, Prior and Informed Consultation of the Indigenous Peoples. Bases, Principles and Methodology for its Implementation by the Federal Public Administration”, which was used as a basis for the design of the specific protocols of the consultations held, in response to requests from various institutions. In this context, the INPI issued technical and legal opinions on the implementation of consultations with indigenous peoples facing administrative and legislative measures likely to impact the rights of indigenous and Afro-Mexican peoples and communities.

The Committee notes that new article 2 of the Constitution provides for the right of indigenous peoples to be consulted on the adoption of intended legislative or administrative measures when those could significantly affect or impact their life or environment, for the purpose of obtaining their consent, or, as appropriate, reach an agreement on such measures and, also, for the obligation of the Federation, federal entities, municipalities and, as appropriate, the territorial divisions of Mexico City to hold consultations and cooperate in good faith with indigenous peoples and communities, through their representative institutions, before adopting and implementing legislative or administrative measures likely to affect them directly, irrespective of whether or not the impact of such measures would be significant.

The Committee also notes that the United Nations Committee for the Elimination of Racial Discrimination, in its concluding observations of 2024, expressed its concern about reports that the consultation processes conducted to obtain their free, prior and informed consent have failed to comply with minimum international standards, in the sense that they: (a) did not provide adequate, sufficient and timely information on the potential impact that the measures to be adopted or the development and natural resource exploitation projects would have on the rights of Indigenous Peoples; (b) failed to respect the way in which the affected Indigenous communities were organized; and (c) involved the use of pressure and harassment to obtain the consent of the affected Indigenous communities (CERD/C/MEX/CO/22-24).

The Committee encourages the Government to continue its efforts to adopt a normative framework for consultation as soon as possible and trusts that it will be: (i) the result of a consultative process with indigenous and Afro-Mexican peoples; and (ii) designed in accordance with the requirements of the Convention and cover consultations on any legislative or administrative measure that could affect them directly. The Committee also requests the Government to provide examples illustrating how the indigenous and Afro-Mexican peoples concerned were consulted, through their representative institutions, on the design of the consultation protocols developed by the INPI, as well as examples of consultations supported by the INPI and the outcomes of those consultations. The Committee further requests the Government to continue to provide information on the challenges encountered in carrying out consultation process and the measures taken by the INPI to tackle them.

Articles 7(3) and 15(2).Development activities, studies and consultation. With regard to the consultation processes carried out with indigenous communities under the Hydrocarbons Act and the Electricity Industry Act, the Committee notes the Government’s indication that the INPI supported the Secretariat of Energy in the consultation processes conducted under section 119 of the Electricity Industry Act, including the consultations that led to the approval of the following projects: the Cuxtal natural gas pipeline, Phase II: Loop 2 Champotón to Umán; the Cuxtal natural gas pipeline, Phase II: Loop 3 Mérida to Valladolid; the Tuxpan-Tula gas pipeline (consultations with the Nahuas de Puebla communities); and the Puerto Peñasco – Golfo de Santa Clara transmission line and solar power plant (consultations with the Cucapá people of Baja California and the Tohono O'odham people of Sonora). The Government indicates that, as part of the agreements reached with the communities concerned, roads were paved and repaired, agricultural access roads were created, streetlights were repaired, health centres were extended and equipped, drinking water networks were repaired and extended, cultural centres were built and community centres renovated, among other actions. The Committee also notes that the Government refers to several justice plans containing measures to strengthen and guarantee the right of communities to participate in key decisions on the conservation of their lands, territories, waters, environment and natural resources, as a historical claim of these peoples.

The Committee also notes that the Special Rapporteur on the human rights of internally displaced persons observed internal displacement caused by development plans and projects related to mining, logging, hydrocarbon extraction, dam construction and tourism, including the Mayan train project, and the creation of protected natural areas, observing that such displacement affects mostly indigenous peoples (A/HRC/53/35/Add.2, 27 June 2023). Furthermore, the United Nations Committee on the Elimination of Racial Discrimination expressed concern that that some investment and natural resource exploitation projects, such as the Mayan train project, are continuing despite the concerns and opposition expressed by the affected indigenous communities. In some cases, investment projects have continued despite court rulings ordering the companies to leave the land, repair the environmental damage and provide compensation to the affected communities (CERD/C/MEX/CO/22-24).

The Committee requests the Government to indicate how the indigenous and Afro-Mexican peoples and communities concerned have participated in the benefits of the projects under consultation in accordance with section 119 of the Electricity Industry Act on which the Government has provided information, and whether they have received compensation for any damages sustained as a result of those projects. The Committee once again requests the Government to provide information on the consultation processes carried out with indigenous communities under the Hydrocarbons Act, and to indicate the means and resources available to the authorities in charge of the consultation processes to ensure that they are properly conducted and agreements are reached. The Committee also requests the Government to provide information on the consultations held with indigenous communities on the natural resources that fall outside the scope of the Electricity Industry Act and the Hydrocarbons Act. It further requests the Government to indicate the results obtained through the justice plans with respect to the participation of the communities concerned in the decisions made regarding the conservation of their lands, territories, waters, environment and natural resources.

Articles 14 and 18. Land. Land disputes. Intrusions. Regarding the measures adopted to safeguard the rights of indigenous peoples to their lands, the Government indicates that the justice plans also cover the subject “lands and territories” and promote action with institutions in the agricultural sector to provide legal certainty for peoples through the regularization of land, in the absence of the relevant land titles. The justice plans provide for the settlement of disputes over the use or occupation of territories by external bodies through meeting with and engaging in dialogue with the parties, applying the law and ensuring support during the process by institutions such as the Office of the Agrarian Prosecutor, the National Agrarian Registry, agrarian tribunals and their counterparts in state entities, together with security institutions for the protection of territorial integrity, particularly when the rightful owners take back their territory. For example, the Government indicates that, under the Justice Plan of the Yaqui People, among others, favourable rulings were obtained for the reversion of several hectares of land. Furthermore, the purchase of additional hectares of land from seven smallholders was finalized in order to restore them to the Yaqui people. The Government also indicates that the INPI supported processes for the demarcation and alienation of lands considered as national lands, for collective allocation to indigenous communities (Rancho El Arbolito, Igualapa, Guerrero, and Flor de Café, Jitotol, Chiapas, in 2022). Measures were also adopted in favour of the Wixárika, Náayeri, O'dam/Au'dam and Mexican indigenous peoples to recognize, preserve and safeguard their places, sacred sites and pilgrimage routes, and to ensure that their territories cannot be the subject of new concessions and permits related to mining or other industries that may affect or damage them. The Committee also notes the information provided by the Government on the difficulties encountered in settling the land dispute affecting the San Andrés de Cohamiata community, including the delay in agrarian trials and the division of localities and their community members.

The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination expressed concern that the rights of indigenous peoples to the lands, territories and resources traditionally occupied by them have not yet been fully recognized and protected, and about the persistence of long-running land conflicts that affect indigenous peoples and lead to acts of violence against them (CERD/C/MEX/CO/22-24).

While it welcomes the initiatives undertaken by the INPI, including the actions that fall within the framework of the justice plans, the Committee requests the Government to:

• continue its efforts to ensure the rights of indigenous peoples to the lands that they traditionally occupy and to which they have traditionally had access for their traditional and subsistence activities, and to provide specific information on the lands that have been identified, registered and regularized, and on the dispute settlements reached with the communities concerned through the justice plans;
• continue to provide information on any developments regarding the dispute affecting the San Andrés de Cohamiata community, and expresses the hope that all stakeholders concerned will make sincere efforts to reach a settlement;
• provide information on the situation of the Choréachi indigenous community in the state of Chihuahua and the Cucapá community in the state of Baja California.

The Committee is raising other matters in a request addressed directly to the Government.