A/HRC/39/17/Add.2 land rights and its right to prior consultation, the courts have not yet decided whether the community is to be recognized as indigenous. III. Legal and institutional framework 8. Article 2 of the Constitution states that “the nation has a multicultural composition, originating in its indigenous peoples, who are descended from peoples who lived in the current territory of the country at the beginning of colonization and who have their own social, economic, cultural, and political institutions or some of these”. 9. Various types of land tenure for campesinos, including communal landholdings known as ejidos, are recognized under article 27 of the Constitution and agrarian law. 10. Indigenous peoples continue to call for recognition in the Constitution as subjects of public law rather than entities of public interest. 11. In 2013, a constitutional amendment relating to the energy sector and the necessary implementing laws were adopted, without due regard for existing legislation on the rights of indigenous peoples; these new provisions allow for contracts to be awarded to private companies in the hydrocarbon sector and facilitate the exploitation of natural resources, many of which are located in indigenous territories. 12. In 2014, the Federal Act on the Prevention and Elimination of Discrimination was amended to broaden the definition of discrimination and establish additional measures of reparation. 13. With the amendment of article 1 of the Constitution in 2011, Mexico took an important step forward in its implementation of international human rights law. As a result of this amendment, the international human rights obligations that are incumbent on Mexico are directly applicable at all levels of the federal structure and must be respected and upheld in legislation, public policies and judicial decisions. These obligations include those set forth in the international human rights treaties to which Mexico is a party; the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), ratified by Mexico in 1990; the International Convention on the Elimination of All Forms of Racial Discrimination, ratified by Mexico in 1975; the American Convention on Human Rights, ratified by Mexico in 1981, and its interpretation in the case law of the Inter-American Court of Human Rights; and the United Nations Declaration on the Rights of Indigenous Peoples. 14. Mexico played a key role in the drafting of the United Nations Declaration on the Rights of Indigenous Peoples and its adoption in 2007 by the General Assembly. Moreover, during the World Conference on Indigenous Peoples in 2014, the President of Mexico reaffirmed his country’s commitment to implementing the Declaration. However, according to indigenous representatives, the recent amendment to the Constitution and the provisions of these international instruments are not implemented consistently. 15. The institution that is responsible at the national level for coordinating, promoting, monitoring and evaluating programmes, projects, strategies and government action for the comprehensive and sustainable development of indigenous peoples and communities is the National Commission for the Development of Indigenous Peoples. Various other bodies also play a role in the realization of the rights of indigenous peoples. 16. At the state level, the rights of indigenous peoples are legally recognized to varying degrees. The Special Rapporteur was informed that the constitutions of 28 out of 32 states explicitly recognize rights held by indigenous peoples and that 26 states have adopted regulatory laws in this area. The Constitution adopted by Mexico City in February 2017 recognizes the rights of the “native peoples and neighbourhoods” and “resident indigenous communities” of the city. It establishes that the United Nations Declaration on the Rights of Indigenous Peoples and other international instruments ratified by Mexico must be complied with and recognizes, inter alia, the rights to self-identification, self-determination and prior consultation. 4 GE.18-10617