The mining company Autlán, by José Antonio Rivero Larrea, is about to achieve the indiscriminate exploitation of water and natural resources for up to 100 years by the maseual people, with the installation of a mining company that would occupy the territory of the municipalities of Cuetzalan, Tlatlauquitepec and Yahonahuac in the state of Puebla, warned the doctor of the Institute of Legal Investigations of the UNAM, Rodrigo Gutiérrez Rivas.
On March 17, 2014, the maseual people filed an amparo that was admitted by the Second District Court based in the city of Puebla, against the concession for not previously consulting, free and informed, the indigenous communities, as required by the Second Constitutional Article and Convention 169 of the International Labor Organization (ILO).
After six years, the case reached the Supreme Court of Justice of the Nation (SCJN). Last week, the minister Javier Laynez Potisek announced on the internet the draft of the sentence that he elaborated to respond to the indigenous maseuales, in which he confirms that he would maintain the system of exploitation of mining resources.
In it, Laynez asserted that the Mining Law is not linked in any way to indigenous rights and, therefore, does not affect them, so it proposes not to protect the communities.
In response, Dr. Rodrigo Gutiérrez, who is also a specialist in Human Rights and an expert witness for the SCJN, affirmed that Minister Laynez’s project puts the cultural, environmental and genetic diversity of our country at risk, by prioritizing mining over the life of the peoples of the Sierra de Puebla.
To this he added, the violation of the right to indigenous community property.
He criticized the simplicity of the argument that Minister Laynez gave for not granting protection to the maseual people, referring to the fact that “the draft judgment argues that it cannot declare the Mining Law unconstitutional because it did not include the consultation by omission, since if it declares the unconstitutional then all existing laws would have to be declared in the same sense ”.
In this regard, he clarified that the minister avoided the depth of the debate and preferred to avoid saying that not all laws request prior consultation with the people, as is the case in the Hydrocarbons Law, the Electricity Industry Law and the Forest Law.
During his participation in the Forum «Affectations of Mining to the Rights of Indigenous Peoples», held this Tuesday through social networks, Rodrigo Gutiérrez warned that the Mining Law allows indiscriminate exploitation of not only gold or silver, but everything what is in the subsoil.
For this reason, he said that the Supreme Court of Justice of the Nation (SCJN) must protect the human rights of the communities in the Sierra Nororiental de Puebla over the Mining Law, «because extractive projects can unleash radical transformation processes, that suppose deep and vertiginous reconfigurations of the social and spatial relations that can be irreversible ”.
In this sense, he affirmed that the modification of the Mining Law is necessary, since he accused that the project is harmful and does not regulate the issues of indigenous peoples in mining extraction; It also violates cultural identity and community property contemplated in Article 21 of the American Convention on Human Rights.
He said that discussing at this point whether or not the federal court protects indigenous peoples about mining in Mexico, «is to want to cover the sun with a finger and deny a reality the size of our own territory.»
Gutiérrez Rivas put in the center of the discussion the right to the territory, the effects caused by mining and the threat to the survival of the life of the peoples.
Argumentó que las afectaciones graves que provoca la minería a cielo abierto en todo el mundo y de forma acuciada en Latinoamérica, están demostradas científicamente, aunado a los testimonios de la lucha de los pueblos que son una expresión de ese daño.
In the framework of a self-recognized nation as multicultural, he maintained that the Mexican State is obliged to adopt special measures to protect indigenous peoples, such as prior consultation, in order to avoid the violation of cultural identity and life by activities injurious.
He concluded that in the face of such a serious and delicate issue that biodiversity is at stake, the Supreme Court cannot avoid a debate with simplicity and simplicity, because it is obliged to include international standards and protect the human rights of peoples.
«Indigenous communities have a close relationship with the land and it must be recognized and understood as the basis of their culture, spiritual life, integrity and economic survival,» he stressed.