Mining Law. Semarnat expresses concern over Court endorsement

Fanny miranda

Mexico City / 01.15.2021 10:20:00

The Ministry of Environment and Natural Resources (Semarnat) expressed its concern about the endorsement of the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) to the Mining Law, but assured that it respects the resolution of the amparo filed by the masseual people, –Who lives in the Sierra Norte de Puebla–, in defense of their territory against the threat of various mining concessions granted by the Ministry of Economy in their territory.

“Semarnat expresses its concern over the resolution that denies granting protection to the complainants who claim the unconstitutionality of various articles that regulate the concession system of the Mining Law, since they do not contemplate the duty to consult indigenous peoples when they can their rights and interests are affected, « said the agency headed by María Luisa Albores.

In a statement, Semarnat highlighted that said law establishes acts of authority that could affect indigenous peoples and communities, as well as the habitats and ecosystems in which they are settled. In other words, their territories and their relationship with preferential access to natural resources, as established in Article 2 of the Constitution and Convention 169 of the International Labor Organization (ILO), ratified by Mexico.

He right to consultation with indigenous peoples is recognized by international law, as well as by our constitutional framework that recognizes article 1 of the International Treaties on Human Rights.

“In this way, the laws that emanate from the Constitution must be attached to the constitutional framework. Otherwise, by legal logic, the legal system should be considered unconstitutional. In this sense, Semarnat does not share the criteria expressed today by the Plenary of the Second Chamber, having declared otherwise in its resolution.

He added that “notwithstanding the foregoing, this secretariat respects the work of the Plenary of the Second Chamber of the Supreme Court of Justice of the Nation and ratifies its commitment to the indigenous peoples of Mexico in the recognition of the right to consultation, the strengthening of the human and environmental rights framework and obligation of the Mexican State to guarantee and make them effective”.