A/HRC/39/17/Add.2 I. Introduction 1. The present report examines the situation of indigenous peoples in Mexico and sets forth recommendations in that regard, based on information received by the Special Rapporteur on the rights of indigenous peoples during her visit to the country from 8 to 17 November 2017 and on independent research. The twofold purpose of the Special Rapporteur’s visit was to assess the measures taken to give effect to the recommendations made by the previous Special Rapporteur after his visit to the country in 2003 1 and to evaluate the efforts made by Mexico to fulfil its international obligations with respect to the rights of indigenous peoples. 2. The Special Rapporteur held meetings with representatives of federal government institutions and the federative entities of Mexico City, Guerrero, Chihuahua and Chiapas. She held meetings in Mexico City; the city of Tuxtla Gutiérrez; the indigenous community of La Candelaria, Chiapas; the city of Chihuahua; and the indigenous community of Tlatzala, Guerrero. These meetings were attended by over 200 representatives of 23 indigenous peoples from 18 states, with equal representation of indigenous men and women. She also met with representatives of human rights bodies, civil society organizations, the private sector and the United Nations country team, as well as other relevant actors. 3. The Special Rapporteur wishes to thank the Government of Mexico for its cooperation and for permitting her to conduct her visit freely and independently. She would also like to thank the Office of the United Nations High Commissioner for Human Rights (OHCHR) team in Mexico for its invaluable support during her visit. Lastly, she is profoundly grateful to the indigenous peoples and communities who welcomed her to their lands and territories and to those who travelled long distances to share their stories with her. II. Identification of indigenous peoples 4. According to article 2 of the Constitution, “awareness of indigenous identity shall be a fundamental criterion for deciding to whom the provisions governing indigenous peoples apply”. However, several indigenous peoples claim to have been denied the right to selfidentification by government authorities. 5. For the purposes of national statistics, a number of different criteria are used to identify the indigenous population; this has affected the development of relevant policies and programmes and prevented some indigenous persons from gaining access to housing, health care and food, among other things. Official statistics based on the criterion of language indicate that the indigenous population accounts for 6.5 per cent of the total population. However, if the criterion of self-identification is used, this proportion rises to 21.5 per cent. 6. The use of different criteria by state institutions can result in the denial of justice when peoples and communities that identify as indigenous, but are not officially recognized as such, appeal to national bodies to protect their rights. For example, the Otomi people of San Francisco Magú in Mexico State is not included in the state law on indigenous peoples or the federal list of indigenous places and has therefore been unable to participate in programmes aimed at indigenous peoples or to influence the municipal authorities’ decisions about development plans and elections. 7. The size of the O’odham (Pápago) population in Sonora has been underestimated, owing to the use of the language criterion by the federal and state authorities. Consequently, those who identify as members of this indigenous people have been rendered largely invisible, as has their human rights situation. In the case of the indigenous community of San Salvador Atenco, which was affected by the construction of the new international airport of Mexico City and took legal action against the project, invoking its 1 GE.18-10617 E/CN.4/2004/80/Add.2. 3