A/HRC/39/17/Add.2 project, yet the state and federal authorities still plan to build the dam, even though it would cause displacement and affect the traditional natural resources and lands of the indigenous communities concerned. 25. The Otomi community of San Francisco Xochicuautla in Mexico State challenged the outcomes of the agrarian assemblies that approved the Toluca-Naucalpan highway project before agrarian and judicial bodies, but the rulings handed down in favour of the community have not been complied with. The creation of a community register by the state authorities has caused divisions and those opposed to the project have suffered attacks, accusations and destruction of their property. 26. The lack of recognition and protection of the natural resources of indigenous peoples is another source of concern. For example, the indigenous inhabitants of La Candelaria ejido in Chiapas described their efforts to protect their sacred lagoon from tourist, highway and other projects that would affect the integrity of the lagoon and pose a threat to their cultural practices. 27. The designation of protected areas has led to violations of indigenous land rights and forced evictions. It has been reported that access to land and traditional uses of natural resources have been restricted in protected areas established in indigenous territories without prior consultation. In some protected areas, the state authorities have approved projects in the fields of tourism, agro-industry, mining and forest exploitation. 28. The situation of the Cucapá people in Baja California, which was highlighted by the Special Rapporteur in 2003, remains worrying. Their traditional fishing activities have been seriously limited by the creation of a protected area in their ancestral lands and illegal fishing in the region has inhibited traditional fishing, which is necessary to preserve their culture. 29. Although the Ministry of Agrarian, Territorial and Urban Development is developing various programmes for the regularization of landownership and the resolution of land disputes through courts and mediation processes, the Office of the Agrarian Affairs Advocate provides training and legal advice for subjects of agrarian law and the agrarian courts prioritize the protection of indigenous lands when settling land disputes, these efforts are insufficient. The main problem is the disparity between the agrarian legal framework and international standards regarding the rights of indigenous peoples. B. Development priorities, megaprojects, consultation and consent 30. Indigenous peoples expressed their desire to define and pursue their own economic, social and cultural development, in accordance with international standards, as a fundamental means of exercising their right to self-determination. They reported that their enjoyment of this right was limited, however, by the development models imposed on their territories and, in particular, by the increase in mining and energy projects and investment projects that has resulted from legislative reforms and economic policies that have had a negative impact on their rights and interests. These megaprojects are reportedly carried out without prior, free, informed and culturally appropriate consultations and without the consent of the indigenous peoples concerned, including in the face of judicial suspension orders. 31. Over the past two decades, Mexico has encouraged greater foreign investment in mining, which is considered a priority activity that is in the public interest. The 2013 constitutional amendment regarding the energy sector has given rise to concerns that the State is forcing indigenous communities to rent out or sell their land to businesses and imposing statutory servitudes to facilitate hydrocarbon and energy projects, and that the risk of dispossession, conflict and forced displacement has increased as a result of the growing interest in natural resources in indigenous territories, many of which have not been legally recognized. In addition, large-scale commercial wind farm projects in indigenous regions are now being approved more quickly, in view of the national goal of generating 35 per 6 GE.18-10617

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