A/HRC/39/17/Add.2
advisers suffered threats and intimidation and there were various attempts to interfere with
the bodies representing the communities concerned.
44.
In some cases, indigenous peoples have tried to challenge mining, hydrocarbon and
energy laws because they were not consulted and because of the impacts of those laws. The
Me’phaa community of San Miguel del Progreso in Guerrero challenged mining
concessions in its territory, as well as the constitutionality of the Mining Act. The case was
dismissed after the concessions were cancelled, which prevented the Supreme Court from
ruling on the Mining Act. Since further concessions may be awarded in their territories, the
community has again brought legal action.
45.
The Barrancas del Cobre tourism project has had a serious impact on the territories,
natural resources, environment and health of the Rarámuri communities in Chihuahua.
Wastewater discharge and garbage from hotels has contaminated water sources and
jeopardized the health of Rarámuri children and adults. Several communities have filed
legal complaints about the lack of consultations on this project and against the construction
of a gas pipeline in the same region. The Supreme Court has ordered various measures of
reparation and benefits for the affected communities. As regards the gas pipeline, some
communities have accepted compensation, while others have continued to take legal action
against the project.
46.
The native peoples of Mexico City claim that a number of infrastructure and
property development projects have affected their lands, water sources, economic activities
and traditional practices. It is claimed that no consultations were held with the native
peoples whose lands could be affected by the general urban development programme that
has been submitted to the Legislative Assembly.
47.
The Special Rapporteur is concerned about this pattern of development and
emphasizes that human rights are an essential component of sustainable development;
development projects that do not take into account human rights, including the rights of
indigenous peoples, cannot be sustainable. The 2030 Agenda for Sustainable Development
is a commitment to ensuring that no one is left behind; that commitment includes
indigenous peoples. She also wishes to note the importance of ensuring that indigenous
communities share the benefits of projects that affect them, in order to achieve sustainable
development.
48.
As mentioned previously, the defence of territories and natural resources in the
context of megaprojects increases the risk of violence and criminal accusations. In some
cases, indigenous leaders continue to face this risk despite court orders to suspend projects
or protective measures granted by international bodies. This was the case of leaders in
Juchitán, Oaxaca, who opposed the Eólica del Sur megaproject, and the Yaqui people in
Sonora, who opposed the Independencia aqueduct, even though they had been granted
protective measures by IACHR.
C.
Self-determination and political participation
49.
Article 2 of the Constitution establishes the right of indigenous peoples to selfdetermination and autonomy, but “hems it round with restrictions which make it difficult to
implement it in practice”, as has previously been noted. According to this article, the
constitutions and laws of federative entities should stipulate the characteristics of selfdetermination and autonomy that best express the situation and aspirations of the
indigenous peoples in the relevant entity. 10
50.
The realization of this right by states varies considerably, particularly as regards the
right of indigenous peoples to elect their own authorities in accordance with their own
procedures and to implement their own legal and regulatory systems. According to state
information, 418 of the 624 indigenous municipalities in Mexico are governed by their own
legal system (417 in Oaxaca and 1 in Michoacán).
10
GE.18-10617
See E/CN.4/2004/80/Add.2, para. 57.
9