E/CN.4/2004/80/Add.2 page 9 clashes between communities, creating continual tension and potential violence for several years. The indigenous people mobilized to defend their agrarian rights, and in the 1990s their movement was put down by the Government, resulting in various violations of their human rights. The Government set up an inter-institutional conciliation commission and gives its assurance that it no longer intends to displace these communities, some of which lead an extremely precarious existence lacking any type of infrastructure or social services. 22. The Special Rapporteur was also informed about the situation of the Cucapás in Baja California, a small indigenous group that traditionally lives off fishing. They face serious restrictions on their economic activity imposed by the Government to protect the declining fish population of weakfish and croaker, the basic food of the indigenous people, which is also fished on a large scale by non-indigenous fishing cooperatives. The Cucapás allege that they are suffering the consequences of too strict an implementation of the Environment Act, including lawsuits, harassment and the confiscation of their boats, gear and products. The National Human Rights Commission recommended that the Cucapás should participate in a negotiated solution to the conflict which would allow them to continue to practise their traditional economic activity. Although the Government is seeking a solution, no agreement had yet been reached in September 2003. 23. Mexico suffers from serious environmental problems. Massive deforestation, progressive desertification, soil erosion, polluted water, the destruction of coastal environments as a result of uncontrolled property speculation in tourist centres (such as the “Riviera Maya” along the Caribbean coast), are phenomena which have been worsening in recent decades. Among the many indigenous communities to be found in practically all the areas affected are the Mayas of Quintana Roo, the Huaves in Oaxaca, the Lacandones and Tzeltales in Chiapas and the Amuzgos, Nahuas and Tlapanecos in Guerrero. The presence of biogenetic resources has been noted in many indigenous areas and has attracted the attention of researchers and businesses. In the absence of an adequate legal framework, bio-prospecting and commercial exploitation may violate the rights of the Indian peoples. 24. Elsewhere, the forest resources of many communities (Tepehuanes in Durango, Tarahumaras in Chihuahua, Huicholes in Jalisco, etc.) are frequently exploited by private economic interests with the connivance of the agricultural and political authorities. The protection of the environment and natural resources has in recent years mobilized numerous indigenous organizations and communities throughout Mexico which confront the local caciques (the official or de facto authorities who arbitrarily wield economic and/or physical power). Some indigenous defenders of resources and the environment have been persecuted and harassed for their activities, for example, Griselda Tirado of the Totonaca Indigenous Organization in the State of Puebla, who was assassinated in August 2003. The Tarahumara community of Coloradas de la Virgen in Chihuahua has for many years been defending its communal forests from incursions and depredations by caciques with links to drug trafficking. In February 2003 a community leader was arrested unlawfully and his case has not yet been settled. The communities of Santa María Yavesia in the Sierra Norte of Oaxaca report that their primary forest is being destroyed by timber companies.

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