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