Report of the Special Rapporteur on the rights of indigenous peoples on her visit to Mexico

 Report of the Special Rapporteur on the rights of indigenous peoples on her visit to Mexico

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Distr.: General

28 June 2018

English

Original: Spanish

Human Rights Council

Thirty-ninth session

10–28 September 2018

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

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Note from the Secretariat

The report examines the situation of indigenous peoples in Mexico based on the information received by the Special Rapporteur on the rights of indigenous peoples during her visit to the country from November 8 to 17, 2017 and an independent investigation.

The Special Rapporteur observes that, since the official visit made by the previous Special Rapporteur Rodolfo Stavenhagen in 2003, and despite the commitments made subsequently by Mexico in the area of ​​human rights, indigenous peoples continue to face serious challenges in the exercise of their human rights. .

Current development policies based on megaprojects (extractive, energy, tourism, real estate, agriculture, for example) constitute a major challenge for the enjoyment of human rights of indigenous peoples. In addition to the lack of self-determination and prior, free, informed and culturally appropriate consultation, there are territorial conflicts, forced displacement, criminalization and violence against indigenous peoples who defend their rights.

All these problems are developing in a context of deep inequality, poverty and discrimination against indigenous peoples that limit their access to justice, education, health and other basic services.

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 Report of the Special Rapporteur on the rights of indigenous peoples on her visit to Mexico *

Index:

introduction

II. Identification of indigenous peoples

III. Legal and institutional framework 

IV. Main concerns

A. Lands, territories and natural resources

B. Development priorities, mega-projects, consultation and consent

C. Self-determination and political participation

D. Violence, impunity and access to justice

E. Economic, social and cultural rights

V. Conclusions and recommendations

Annex: Allegations received 

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I. introduction

1. This report examines the situation of indigenous peoples in Mexico and makes recommendations in this regard, based on the 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 independent investigation. The visit of the Special Rapporteur had the dual objective of examining the implementation of the recommendations made by the previous Special Rapporteur after his visit to the country in 2003 [1], and assessing how Mexico has incorporated its international commitments on the rights of peoples. natives.

2. The Special Rapporteur held meetings with institutions of the federal government and the federal entities of Mexico City, Guerrero, Chihuahua, and Chiapas. He 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. More than 200 indigenous representatives participated in these meetings, belonging to 23 indigenous peoples from 18 states, with an equal presence of indigenous women. He also met with human rights organizations, civil society organizations, representatives of the private sector, the United Nations country team and other relevant actors.

3. The Special Rapporteur would like to thank the Government of Mexico for its cooperation and for allowing her to carry out her visit freely and independently. He also wishes to thank the team of the United Nations High Commissioner for Human Rights (OHCHR) in Mexico for the invaluable support provided during his visit. Finally, she expresses her deep gratitude to the indigenous peoples and communities who received her in their lands and territories and to those who traveled from afar to share their stories with her.

II. Identification of indigenous peoples

4. The Constitution establishes that “[t] he awareness of their indigenous identity should be a fundamental criterion for determining to whom the provisions on indigenous peoples apply” (art. 2). However, several indigenous peoples denounced the denial of the right to self-registration by government authorities.

5. National statistics use different criteria to determine the indigenous population, which has affected the development of relevant policies and programs and impeded their access to housing, health or food, among others. According to official statistics that use the linguistic criteria, the indigenous population is 6.5% of the total population. However, under the criterion of self-enrollment, the indigenous population amounts to 21.5% of the population.

6. The use of different criteria by state institutions may result in a denial of justice when peoples and communities that are not formally recognized as indigenous but who self-ascribe as such, turn to national authorities to protect their rights. For example, the Otomí people of San Francisco Magú in the state of Mexico are not included in the indigenous state law or in the federal catalog of indigenous localities, so they have not been able to participate in programs aimed at indigenous peoples nor have they been able to influence decisions of municipal authorities related to development plans and elections of authorities.

7. In the case of the O'odham (Papago) of Sonora, the use of linguistic criteria by federal and state authorities has resulted in reduced population numbers. This has led to the invisibility of its population that self-describes as indigenous peoples and of their human rights situation. In the case of San Salvador de Atenco, a community of indigenous origin affected by the construction of the new international airport in Mexico City and that filed judicial appeals against the project to demand respect for their territorial rights and prior consultation, reported that it has yet to be judicially determined whether the community will be recognized as indigenous.

III. Legal and institutional framework

8. Article 2 of the Constitution establishes that “[t] he Nation has a multicultural composition originally based on its indigenous peoples, which are those who descend from populations that inhabited the current territory of the country at the beginning of colonization and who conserve their own social, economic, cultural and political institutions, or part of them ”.

9. Article 27 of the Constitution and the agrarian laws recognize different forms of land tenure for peasants, such as agrarian lands for collective use, known as ejidos.

10. Indigenous peoples continue to demand that they be recognized in the Constitution as subjects of public law, and not as entities of public interest.

11. In 2013, a constitutional reform on energy was adopted, and several laws for its implementation that provide, without recognition of the regulations on the rights of indigenous peoples, the possibility of awarding contracts to private companies in the field of hydrocarbons, and that facilitates the exploitation of natural resources, many of which are found within the territories of indigenous peoples.

12. The 2014 reform of the Federal Law to Prevent and Eliminate Discrimination expanded the definition of discrimination and established additional remedial measures.

13. Mexico has taken important steps to incorporate international human rights law through the reform of article 1 of the Constitution in 2011. According to this reform, the international human rights obligations contracted by Mexico are directly applicable at all levels of the federal structure and must be respected and guaranteed in legislation, public policies and judicial decisions. These obligations include international human rights treaties to which Mexico is a party; the Convention on Indigenous and Tribal Peoples, 1989 (No. 169), of the International Labor Organization (ILO), ratified by Mexico in 1990; the International Convention on the Elimination of All Forms of Racial Discrimination, ratified by Mexico in 1975;

14. Mexico played a leading role in the preparation of the Declaration and in its adoption in 2007 by the General Assembly. Likewise, during the 2014 United Nations World Conference of Indigenous Peoples, the President of Mexico reaffirmed his country's commitment to the implementation of the Declaration. However, indigenous representatives expressed that there is no coherent application of the recent constitutional reform and of these international commitments.

15. The institution in charge at the national level of the coordination, promotion, monitoring and evaluation of programs, projects, strategies and public actions for the integral and sustainable development of indigenous peoples and communities is the National Commission for the Development of Indigenous Peoples. (CDI). There are also other institutions that play a role in the implementation of the rights of indigenous peoples.

16. At the state level, legal recognition of indigenous rights has occurred to varying degrees. As reported, the constitutions of 28 of the 32 states expressly recognize the rights of indigenous peoples, and 26 of them issued regulatory laws on this matter. In February 2017, Mexico City adopted a Constitution, which recognizes the rights of the city's “indigenous peoples and neighborhoods” and “resident indigenous communities”. The Constitution establishes the mandatory observance of the Declaration and other international instruments ratified by Mexico, and recognizes, among others, the rights to self-registration, self-determination and prior consultation.

IV. Main concerns

A. Lands, territories and natural resources

17. The Special Rapporteur agrees with her predecessor and stresses that the preservation and protection of the lands, territories and resources of indigenous peoples must be a priority issue that requires proper regulation [2], in accordance with international law. This is a critical critical issue that lies at the root of many of the human rights problems that the Special Rapporteur noted.

18. The agrarian regime of ejidos, community lands and private property, as well as the agrarian authorities and institutions that it establishes, does not respond to the needs of indigenous peoples and does not comply with current international obligations of Mexico, which recognize the right to indigenous peoples to the lands, territories and natural resources that they have traditionally owned, occupied, used or acquired.

19. The cases received indicate that the procedures available for the recognition of territorial rights are not simple or accessible and may involve lengthy legal processes. Effective recognition is also hampered when there are border conflicts with other communities or private owners and when agrarian and state authorities or third parties promote natural resource exploitation activities in indigenous territories. Likewise, limited results are obtained since the lands granted to indigenous peoples generally do not correspond to their concepts of territory and are unaware of their traditional territorial limits. In addition to difficulties in accessing agrarian justice, the long duration of the proceedings before it is of concern.

20. Another fundamental problem is that the ejido and agrarian authorities, a product of the Agrarian Law, do not necessarily coincide with the representative authorities of the indigenous communities and, in many cases, come into conflict with them. This causes uncertainty and conflicts when State agents supposedly consult the ejido authorities for the approval of measures or activities that affect indigenous lands in the ejidos.

21. The National Human Rights Commission (CNDH) in its recommendation no. 56/2016 also observed that the agrarian bodies do not represent all the members of an indigenous community, but rather those people who were recognized by the State as agrarian subjects. In several cases, it has been alleged that State agents and third parties have manipulated the agrarian regime to delegitimize and undermine indigenous authorities opposed to development projects on their lands.

22. In the Sierra Tarahumara, Chihuahua, for example, the imposition of the agrarian system did not reflect the land tenure systems of indigenous peoples. Numerous Rrámuri and Odami communities have undertaken legal proceedings before agrarian authorities, which last for years and even decades, to obtain recognition of their lands. Some communities have to wait for their lands to be declared national assets first, before being awarded and being able to buy them.

23. In many cases, their territorial claims are part of legal actions to challenge forest permits or agrarian rights granted to third parties without prior consultation. In some cases, the agrarian courts have ruled that territorial recognition can only be obtained through the figure of ejido or agrarian community. While awaiting the resolution of their requests and legal actions, many communities face retaliation, forced displacement and in the most serious situations murder by those who covet their lands and forests.

24. Cases have been reported in which state agents have convened agrarian assemblies or created lists of community members to facilitate the appropriation of communal lands for projects. In the case of the La Parota dam in Guerrero, although the agrarian courts annulled the results of the agrarian assemblies that approved the project, the state and federal governments maintain their intention to carry it out, despite the fact that it would cause displacement and impacts on lands and natural resources. traditional traditions of the affected indigenous communities.

25. The Otomí community of San Francisco Xochicuautla, state of Mexico, challenged the results of agrarian assemblies that approved the Toluca-Naucalpan highway project before agrarian and judicial authorities, but the judgments favorable to the community have not been complied with. The creation of a registry of community members by state authorities generated divisions, and people opposed to the project have suffered attacks, criminalization and destruction of their property.

26. Another worrying issue is the lack of recognition and protection of the natural resources of indigenous peoples. For example, the indigenous inhabitants of the La Candelaria ejido, Chiapas, reported on their efforts to protect their sacred lagoon from tourism, highway and other projects that would affect the integrity of the lagoon and the continuation of its cultural practices.

27. The creation of protected areas has led to violations of indigenous land rights and forced evictions. Restrictions on access to land and the traditional use of natural resources have been reported within protected areas decreed in indigenous territories without prior consultation. In several protected areas, state authorities have approved tourism, agro-industrial, mining and forestry concessions.

28. In Baja California, the situation of the Cucapá people, highlighted by the Special Rapporteur in 2003, continues to be worrying. Their traditional fishing activities were seriously restricted by the creation of a protected area in their ancestral territory, and the presence of illegal fishermen in the region has inhibited traditional fishing, necessary for the continuation of their culture.

29. Although it is appreciated that the Ministry of Agrarian, Territorial and Urban Development is developing several programs to contribute to the regularization of agrarian property and the solution of agrarian conflicts through courts and mediation processes, that the Agrarian Attorney's Office provides training and advice to agrarian subjects, and that the agrarian courts privilege the protection of indigenous lands when settling agrarian conflicts, these efforts are insufficient. The fundamental problem lies in the disparity between the agrarian legal regime and international standards on the rights of indigenous peoples.

B. Development priorities, mega-projects, consultation and consent

30. Indigenous peoples expressed their desire to define and pursue, in accordance with international standards, their own economic, social and cultural development, as a fundamental expression of their self-determination. However, they denounce the limitation of this right due to the development models imposed in their territories, and in particular, the rise of extractive and energy projects and investment projects as a result of legislative reforms and economic policies that have had negative impacts on their territories. rights and interests. They denounce that these megaprojects are carried out without prior, free and informed and culturally appropriate consultation without obtaining the consent of the affected indigenous peoples, even in the face of judicial suspensions.

31. In the last two decades, Mexico has encouraged greater foreign investment for mining, considered a preferential activity of public utility. The constitutional energy reform of 2013 has generated concern that the State will force indigenous communities to rent or sell their lands to companies, impose legal easements to facilitate hydrocarbon or energy projects, and also that the risk of dispossession, confrontations and forced displacement due to the growing interest in natural resources in indigenous territories, many of which have not been legally recognized. In addition, national targets to generate 35% of electricity from renewable resources by 2024 have accelerated the approval of large-scale commercial wind projects in indigenous regions.

32. There are different regulatory developments on prior consultation, such as institutional protocols, judicial decisions and legislation that incorporate consultation requirements. In 2013, the CDI published a protocol with guidelines for the implementation of consultations with indigenous peoples that has served as a reference guide for various State agencies, although it is not binding [4].

33. The secondary legislation derived from the energy reform contains provisions on prior consultation regarding projects in the hydrocarbon and energy sectors, which is the responsibility of the Ministry of Energy. The Secretariat develops ad hoc consultation protocols for specific projects based on the CDI protocol, and with the support of other relevant federal and state entities. In the forestry sector, the National Forestry Commission reported on mechanisms for the participation and consultation of indigenous peoples regarding plans and programs in this sector, including a process of consultation at the national level on the National Strategy for the Reduction of emissions derived from the deforestation and forest degradation (REDD +).

34. The states of Durango and San Luis Potosí adopted laws on prior consultation and there are legislative proposals in other states. The state of Chihuahua reported on activities carried out to consult indigenous peoples on constitutional and legislative reforms on this issue.

35. Federal courts have examined several cases on prior consultation, indigenous peoples and megaprojects. In some cases, the Supreme Court of Justice has ordered the suspension of unconsulted projects, although it has been denounced that said judgments are not complied with by state agents and the private sector, and have not yet generated binding jurisprudence, in the sense of legal tradition. mexicana [5]. This has generated that the effects of these projects are maintained and that the conflict in the communities has increased.

36. The CNDH has ruled on this issue [6] and some specific cases [7]. The Special Rapporteur agrees with the CNDH on some problematic practices in the consultations that have been held in Mexico. In many cases, these are not “prior” since authorizations and permits for projects are issued before consulting indigenous peoples. Situations of threats, harassment and criminalization of members of indigenous peoples during the consultation processes undermine their "free" character. This character can also be reduced due to the state of necessity in which indigenous peoples find themselves when they do not fully enjoy their basic rights. The implementation of economic, social and cultural rights cannot be conditioned on the result of a consultation, nor be considered as a form of compensation or profit sharing; it is an obligation of the State regardless of whether or not a project is carried out in an indigenous community. Deficiencies also persist in the provision of clear, precise and complete information on the impacts of the projects, which is not presented in a culturally appropriate way, nor does it consider the times and other cultural factors of the peoples consulted [8].

37. Various actors pointed to the lack of clarity on who should be consulted, who were the representative indigenous authorities, or on the level of capacity and resources of the institutions in charge of the consultations. The lack of trust and mutual understanding between the parties due, for example, to previous development projects that have generated conflicts due to the inadequate application of consultation processes, seriously complicates the current consultation processes.

38. Environmental and energy legislation requires companies that develop projects to prepare social and environmental impact assessments approved by the environmental authority and the Ministry of Energy, respectively. However, these evaluations are approved before the consultations are carried out, and they present deficiencies in the identification of the true impacts on the rights of indigenous peoples. As the Working Group on the issue of human rights and transnational corporations and other companies pointed out in its visit to Mexico report, there is limited capacity of the competent authorities to examine the evaluations submitted by companies, as well as to carry out a true control of their activities [9].

39. The Special Rapporteur received repeated complaints about mining, hydroelectric, wind, solar energy, hydrocarbon, agro-industrial, infrastructure, tourism projects, and the granting of forest permits, among others, that reflect the problems outlined above.

40. Sometimes consultations are made but afterwards. In the municipality of Muna, Yucatán, the ejido and environmental authorities authorized a solar park that would involve the construction of more than one million solar panels in indigenous territories, without previously consulting the affected Mayan communities. It is alleged that the previous contracts signed between the ejido and the company have affected the free nature of the consultation and caused divisions and conflict in the community. Indigenous community members who have questioned irregularities in the process have suffered threats, defamations and attacks.

41. In Oaxaca, the federal and state governments have promoted large-scale wind projects without the participation or consultation of indigenous peoples and through contracts between companies and ejidal authorities, which do not necessarily coincide with the representative authorities of indigenous communities, in the that serious irregularities are alleged. There have been impacts on indigenous land tenure, the environment, traditional economic activities and community coexistence, in addition to criminalization and attacks on opposition voices. The Zapotec community of Juchitán, affected by the Eólica del Sur project, filed amparo appeals to suspend the project, and a judgment from the Supreme Court of Justice is pending.

42. There are serious concerns about the lack of prior consultation with indigenous peoples that could be affected by a second phase of expansion of wind projects in the Isthmus of Tehuantepec, to which would be added mining projects, a gas pipeline and the establishment of special economic zones. . It is alleged that the law that created these zones should have been consulted, since it contemplates the creation of areas with special development regimes including transportation, communications, energy, hydraulic infrastructure, among others, that would generate social and environmental impacts in the region. State authorities assured that the proposed zones in Oaxaca and Chiapas will not affect indigenous lands.

43. The planting of transgenic corn and soybean crops affects indigenous peoples in their biocultural heritage, food security, traditional economy and territorial rights. The Mayan communities of Campeche continue to be impacted by the planting of genetically modified soybeans, which has had a notable expansion in recent years, resulting in deforestation and impacts on their water, health, and ancestral agricultural and beekeeping activities. Despite a ruling by the Supreme Court of Justice ordering the suspension of the planting of transgenic soybeans in Campeche while the Mayan communities are consulted, deforestation and planting continues. Furthermore, during the consultations carried out in 2016 and 2017,

44. In some cases, indigenous peoples have tried to challenge laws on mining, hydrocarbons and energy because they were not consulted and because of the impacts they entail. The Me'phaa community of San Miguel del Progreso, Guerrero, challenged mining concessions in their territory as well as the constitutionality of the Mining Law. The case was dismissed after the cancellation of the concessions, which prevented the Supreme Court of Justice from ruling on the Mining Law. Since their territories can be re-concessioned, the community has once again brought legal recourse.

45. The Barrancas del Cobre tourism project has had a serious impact on the territories, natural resources, environment and health of the Rrámuri communities in Chihuahua. Residual discharges and garbage from hotels have contaminated water sources, and harmed the health of Rrámuri children and adults. Several communities filed lawsuits alleging the lack of consultation in the courts in this regard, as well as against the construction of a gas pipeline in that same region. The Supreme Court of Justice has ordered several measures of reparation and benefits for the affected communities. In the case of the gas pipeline, some communities accepted compensation, while others have legal actions against the project.

46. ​​The original peoples of Mexico City denounced that different infrastructure and real estate development projects have affected their lands, water sources, economic activities and traditional practices. It is alleged that the General Urban Development Program proposed before the Legislative Assembly has not been consulted with the native peoples whose lands could be affected.

47. The Special Rapporteur is concerned about this development pattern and stresses that human rights are essential to achieve sustainable development and that, furthermore, development projects that do not have this human rights approach, including the rights of indigenous peoples , they cannot be sustainable. The 2030 Agenda for Sustainable Development is a commitment to ensure that no one, including indigenous peoples, is left behind. He also wishes to point out the importance of ensuring, within the framework of sustainable development, the participation in the benefits of the indigenous communities affected by the projects.

48. The defense of territories and natural resources in the context of megaprojects increases the risk of violence and criminalization, as has been indicated. In several cases, indigenous leaders suffer this situation despite judicial decisions ordering the suspension of projects or protection measures granted by international organizations. This has been the case of leaders of Juchitán, Oaxaca, opposed to the Eólica del Sur megaproject, and of the Yaqui people of Sonora opposed to the La Independencia aqueduct, despite being beneficiaries of precautionary measures from the IACHR.

C. Self-determination and political participation

49. Article 2 of the Constitution recognizes the right to self-determination and autonomy of indigenous peoples, but as noted above, the same article "encloses it with padlocks that make it difficult to apply in practice." According to this article, the constitutions and laws of the federative entities will establish the characteristics of self-determination and autonomy that best express the situations and aspirations of the indigenous peoples in each entity. [10]

50. The application of this right by states varies considerably, particularly with regard to the right to elect their own authorities in accordance with their own procedures and the application of their own legal and regulatory systems. According to state information, of the 624 indigenous municipalities in the country, 418 are governed by internal regulatory systems (417 in Oaxaca and 1 in Michoacán).

51. It should be noted, although it remains exceptional, that some proposals by indigenous peoples to develop their autonomy and self-government have been recognized by federal and state authorities. The Federal Electoral Tribunal [11] recognized the right of the Purépecha community of Cherán, Michoacán, to elect its authorities during municipal elections in accordance with their uses and customs. Indigenous communities in the municipality of Ayutla de los Libres, Guerrero, have taken legal action to achieve the same objective. In this municipality, the Electoral Court of the Federal Judicial Power [12] validated the consultation process held and allowed local authorities to be elected in the 2018 local electoral process under their uses and customs. In Amicingo, Morelos, a municipal assistant was chosen for uses and customs.

52. Faced with insecurity and lack of protection, indigenous organizations have developed various initiatives. Since 1995, the community police in Guerrero have carried out security, justice and reintegration tasks in accordance with indigenous customs and uses, which has reduced violence and impunity. The state of Guerrero legally recognized the existing community police in 2011, although it seems that there are currently legislative initiatives to ignore indigenous regulatory systems. However, numerous cases of criminal prosecution and criminalization of members of community police, accused of various crimes, were reported.

53. There are also other indigenous initiatives in Chiapas, such as the Movement in Defense of Life and Territory, made up of indigenous people from 11 Chiapas municipalities, which promotes the creation of autonomous indigenous governments for territorial defense. Likewise, the Special Rapporteur received information on the actions underway in the autonomous municipalities and the good government boards of Los Caracoles linked to the Zapatista Army of National Liberation, focused on productive, educational, health and justice programs for the affiliated communities, without depend on government support, and that has helped reduce criminal activities in those communities.

54. In relation to political participation, there have been some positive advances such as the possibility of registering independent candidacies and initiatives to facilitate the registration processes for federal, state and municipal elections. There are also initiatives to promote access to justice in political-electoral matters, such as the Protocol for Defenders of the Political-Electoral Rights of Indigenous Peoples and Communities or the Public Electoral Defender for Indigenous Peoples and Communities. However, undue pressure practices persist on indigenous people to influence their vote during electoral processes.

55. 28 indigenous electoral districts have been created at the federal level and 56 at the local level, made up of municipalities with 40% or more indigenous population, which will be used for the 2018 elections. Likewise, a new rule requires that political parties o Coalitions nominate indigenous candidates in at least 12 of the 28 federal indigenous electoral districts, taking into account the principle of gender parity.

56. Indigenous peoples have created autonomous representative institutions at the national level to increase their political participation and raise awareness of their rights. The Indigenous Government Council, for example, is made up of councilors from different indigenous peoples. This initiative of national representation presented its spokesperson as an independent candidate for the 2018 presidential elections.

D. Violence, impunity and access to justice

57. In each region visited, the Special Rapporteur was concerned by the large number of detailed complaints of individual cases relating to the extremely serious situation of violence suffered by indigenous peoples due to disputes over their territories, in the absence of adequate recognition, to the expansion of development projects and the presence of organized crime. Added to these factors are impunity, lack of access to justice and the criminalization faced by indigenous peoples.

58. Mexico is going through a serious crisis of violence and security with alarming levels of murders, displacements and disappearances. Links between organized crime and some authorities at the municipal, state and federal levels contribute to corruption and impunity.

59. The case of the 43 students from Ayotzinapa, Guerrero, who disappeared in September 2014, is emblematic. The Special Rapporteur met with parents of students from indigenous communities and took note of the little progress made in the investigations into the whereabouts of their children. Another emblematic case is the massacre of 46 people in Acteal, Chiapas, which occurred in December 1997. The Special Rapporteur met with survivors and relatives of the victims who are still demanding justice and the clarification of this massacre, which disproportionately affected women natives.

60. In Guerrero, Chiapas and Chihuahua, forced displacements of indigenous families and communities continue to occur as a result of threats and violence perpetrated by criminal groups that dispute the territories for their activities. Faced with this situation, the main state response has been a greater military presence, which has not diminished violence. As the United Nations High Commissioner for Human Rights observed during his visit to the country in 2015, the militarization of public security is not the answer and work should be done to withdraw the army from its temporary public security functions, ensuring this liability to the civil sphere. In Guerrero, the presence of organized crime in areas where there are also mining interests increases the vulnerability of indigenous communities. In Chihuahua and Chiapas,

61. Allegations have been received of numerous cases of abuses committed during military operations in indigenous regions, including sexual violence against indigenous women and arbitrary deaths due to the excessive use of force, which remain unpunished.

62. Due to the murders and threats against the Rrámuri community of Choréachi, the Inter-American Court of Human Rights issued provisional measures to protect the life and integrity of the members of the community. The IACHR granted precautionary measures in favor of the El Manzano community, whose members suffered acts of violence and displacement. The government of Chihuahua has taken some steps to implement these measures and to develop an internal forced displacement protocol.

63. Drug trafficking, human trafficking and the increased military presence on the border between Mexico and the United States of America have caused serious damage, including the displacement of communities of the O'odham people in Sonora. Given their distrust of state authorities and allegations of links to organized crime, they request special protection measures that take into account the cross-border nature of this indigenous people.

Access to justice

64. Generalized problems of access to justice affect indigenous peoples. According to the Mexican authorities, impunity in the country is almost absolute. Likewise, there is a high “black number” of unreported cases due to mistrust in the authorities and their procedures. [13] For indigenous people, several factors limit access to the national judicial system to defend their rights. There are economic, cultural, linguistic, geographic, and racism and discrimination barriers.

65. The access to justice programs developed by government authorities have focused on the situation of indigenous people in the criminal justice system. Indigenous persons detained and prosecuted face violations of the rights of due process and adequate defense due to the shortage of interpreters, lawyers, defenders and justice operators who speak indigenous languages ​​or know indigenous cultures. For example, the body of bilingual public defenders only has 25 members. They also face abuse during arbitrary detentions carried out by police and military agents. As the IACHR has pointed out, discrimination contributes to the fact that detained indigenous persons “are more likely to be victims of torture and other cruel, inhuman or degrading treatment” [14].

66. The CNDH, the CDI, the Federal Institute of Public Defense and other institutions have developed some programs to promote due process of indicted indigenous persons in the judicial system, the provision of interpreters and lawyers speaking indigenous languages, specialized public defenders, anthropological expert reports and pre-release measures for indigenous people in pre-trial detention. Likewise, there are programs in indigenous communities, such as the Itinerant Public Ministry in Chihuahua, which has increased the attention to criminal complaints filed by indigenous victims.

67. The misuse of criminal law against indigenous people who defend the rights of their peoples was repeatedly pointed out. The Special Rapporteur is concerned about the statements made by some representatives of the State and the private sector that delegitimize the work of these indigenous people and the organizations that assist them, even to file legal actions against development projects. This work to defend their rights increases the risk of reprisals and violence and highlights the need for appropriate protection mechanisms. Likewise, there is also concern about the denigration of the work of defenders of the rights of indigenous peoples, publicly labeled as "opposed to development."

68. Government authorities reported on the implementation of the Mechanism for the protection of human rights defenders and journalists, attached to the Ministry of the Interior, of which 58 indigenous people are currently beneficiaries, representing only a fraction of those who need it. Furthermore, it is necessary to adopt collective and culturally appropriate protection measures for indigenous peoples.

69. The amparo mechanism established by the constitutional reform of 2011 is an important advance. However, certain barriers persist, such as the high costs of these legal actions. No jurisprudence has yet been generated that comprehensively resolves the underlying factors behind the problems related to megaprojects without consultations. Failure to implement several favorable rulings also undermines the effectiveness of the justice system.

70. With regard to indigenous legal systems, some states have recognized community police, indigenous courts and other forms of conflict resolution. According to the National Code of Criminal Procedures, in cases of crimes that affect the legal rights of an indigenous people or person, and in which both parties accept the form of resolution proposed by the regulatory systems of the community, the federal criminal action is extinguished. Unless the dignity of persons, the rights of women and children are affected. There is no comprehensive mechanism for harmonization and coordination between indigenous and ordinary jurisdictions at the federal level.

E. Economic, social and cultural rights

71. Indigenous peoples face significant obstacles in the realization of their economic, social and cultural rights. Historical and structural discrimination has resulted in marginalization and multidimensional poverty and the absence of sufficient and culturally adequate basic services. This is manifested in the specific problems of certain indigenous sectors such as women, children and youth, migrants, victims or forcibly displaced persons. The lack of access to water and sanitation, the exploitation and contamination of water sources by megaprojects with health implications, and the restrictions on community water management also demonstrate this discrimination.

72. Official data confirm that indigenous peoples suffer clear socioeconomic disadvantages reflected in poverty rates, educational and employment levels, and other indicators. It is estimated that 71.9% of the indigenous population lives in poverty or extreme poverty, while the proportion at the national level is 40.6%. 55.5% of the indigenous population resides in municipalities considered to be highly or very highly marginalized and 87.5% of indigenous municipalities, those with 70% or more indigenous population, are in conditions of high or very high high marginalization [15]. Indigenous people have fewer opportunities to obtain formal employment, which excludes them from employment benefits and other benefits [16].

73. According to information from the Government, the life expectancy of indigenous people is seven years less than that of the general population, and infant, preschool, school and maternal mortality rates are higher than the national average, mainly due to preventable diseases, such as infectious diseases. and parasitic. It was reported that in the last 13 years the coverage of Seguro Popular has increased to more than 5 million indigenous people who can use it throughout the national territory. Likewise, measures were taken to increase health coverage with “cultural competence”. However, complaints persist about the lack of adequate facilities and medical personnel in indigenous communities and about cases of discrimination against indigenous people who go to health centers.

74. With regard to government indigenous programs, indigenous representatives stated that most are developed without significant participation, that they are not culturally appropriate and that they have a welfare approach, which limits their impact. The Special Program for Indigenous Peoples was created to coordinate actions in areas related, among others, to access to justice, food, health, education and housing. However, in 2017, the budget of the CDI, the main entity in charge of indigenous policies, was reduced by 51.1%. The Special Rapporteur is concerned about the effects that such drastic budget cuts are sure to have.

Women

75. Indigenous women face serious problems of discrimination based on gender and ethnicity within and outside their communities, which hinders their access to property, justice, health services and other rights.

76. Discrimination with respect to land tenure is frequently due to internal cultural factors and the agrarian regime. The current agrarian structures are predominantly made up of men, and indigenous women do not have full access to the lands as these are inherited by men. Likewise, certain social changes in the communities have not been taken into account, such as migration, which makes women assume greater social, cultural and political responsibilities in the absence of men.

77. Access to justice is particularly problematic in relation to the increase in femicides in indigenous areas in a national context of high impunity for these crimes. Indigenous women pointed out the lack of diligence of the competent authorities in detaining, investigating and prosecuting those responsible, and in classifying these cases as femicides.

78. Another serious concern is obstetric violence. Women denounced negligence, indifference and discrimination by health personnel against indigenous women who require obstetric care, which has resulted in deaths and serious injuries. There is also concern about discrimination against indigenous TBAs by health authorities and medical personnel, including stigmatization and prohibition of these practices. The Special Rapporteur observes that, in states such as Chiapas, indigenous midwives have organized to demand the recognition and appreciation of their ancestral knowledge and a respectful collaborative relationship with the state health sector. They also reported on initiatives by the CNDH and the Supreme Court of Justice to promote the rights of indigenous midwives.

79. Likewise, indigenous women expressed concern about budget cuts that would affect CDI programs, as well as difficulties in accessing adequate health services, addressing violence against women, and access to justice.

Childhood and youth

80. Indigenous children and youth are seriously affected by the generalized situation faced by their peoples.

81. In Chihuahua and Guerrero, there is concern about the forced recruitment of children and young people by organized crime given the absence of prevention policies by the State and of economic opportunities. In regions affected by organized crime and drug trafficking, young people are left with few options, and they often must decide between joining these groups or being tortured, disappeared or killed.

82. Children are affected by the ineffective control of activities that generate environmental and health impacts. Serious illnesses, injuries and deaths of Yaqui children, youth and women have occurred in Sonora due to the indiscriminate use of agrochemicals by agroindustrial companies for more than 15 years.

83. Discrimination in access to education affects children. Many indigenous communities do not have educational centers because they do not meet the population requirements imposed by state authorities. In Guerrero, indigenous communities have taken legal action to demand the construction of schools or to obtain a sufficient number of teachers.

84. In the 2015-2016 school year, according to official figures, more than 1.2 million indigenous children were enrolled in preschool and primary school, and school performance rates improved. Educational programs and materials with cultural relevance have been developed, as well as various consultations at the national level with indigenous peoples to improve the indigenous educational model. However, these efforts are not enough, and the need to ensure an education with an appropriate cultural focus persists.

Migrants and day laborers

85. Indigenous people who emigrate from their communities, due to lack of economic opportunities or situations of violence and displacement, to reside in urban centers or work as day laborers are a sector that is not adequately recognized in public policies. The situation of indigenous Mexicans and Central Americans who transit through Mexican territory to migrate to the United States has not been sufficiently addressed either. These sectors face multiple forms of discrimination, their life and work are invisible, for fear they do not have access to complaint mechanisms, and they are extremely vulnerable to violence, exploitation and marginalization.

86. In Chiapas, Central American indigenous migrants suffer persecution, extortion and kidnapping by federal and state authorities and criminal groups. Despite some actions by the State, such as the training of immigration agents in non-discrimination, the use of racial profiling practices by various immigration agents generates abuses against indigenous Central American migrants and indigenous Mexicans residing in the border region. They are frequently arbitrarily detained and returned to their country of origin without legal advice.

87. Indigenous migrant women face additional risks from human trafficking in the border area. A large percentage of them, both from Mexico and Central America, obtain employment in Mexican territory as domestic workers. Violations of human and labor rights of indigenous domestic workers have been reported, due to working conditions, lack of benefits and cases of sexual abuse.

88. Indigenous day laborers, the majority from southern states who work in northern agricultural fields, face serious violations of labor and human rights. They suffer serious problems due to exposure to agrochemicals, the lack of social security and health services, and in the case of day laborers, sexual violence by employers. There is also concern about discrimination and inadequate care in health centers in the case of pregnant women or children who have suffered illnesses or accidents in agricultural fields.

Indigenous people affected and forced displacement

89. Indigenous people affected by natural disasters face particular problems. It was reported on the 16,000 indigenous families affected by meteorological phenomena that hit Guerrero in 2013. The indigenous peoples developed a comprehensive proposal that, with the provision of adequate resources, could provide food with cultural relevance and under the control of the communities themselves. However, state and federal authorities have not taken this proposal into account and continue to promote welfare programs without cultural relevance.

90. The earthquakes of September 2017 also affected indigenous peoples. Affected indigenous people in Mexico City underscored the need for more differentiated care. The loss of homes, schools and livelihoods dramatically affected the indigenous communities of the Isthmus of Tehuantepec. Allegations of corruption in the management of economic resources destined for the victims are worrying.

91. As noted above, indigenous families and communities have been forced to move from their communities to urban areas or to other communities due to organized crime, local territorial and political conflicts, or due to mega-projects. Many of the displacements are prolonged and in the absence of a comprehensive and coordinated policy, efforts to guarantee the return of displaced populations are insufficient.

92. In Chiapas there are worrying cases of displacement caused by intercommunity conflicts for reasons of political power and territorial limits that involve paramilitary groups linked to the counterinsurgency policy against the Zapatista Army of National Liberation. A particularly serious case is the border conflict of more than 40 years between the municipalities of Chenalhó and Chalchihuitán, originally caused by agrarian authorities who were unaware of the traditional boundaries of the communities and aggravated by the presence of armed groups linked to the political power of one of the municipalities. . In November 2017, a serious humanitarian crisis occurred in these municipalities due to the displacement of more than 5,000 indigenous people, mostly women (including pregnant women), children and the elderly. Despite the ruling issued by an agrarian court in December 2017, the risk of violence persists. Some communities have been pressured by the authorities to return to their lands despite the absence of measures to guarantee their safety through the dismantling and punishment of paramilitary groups in that area.

V. Conclusions and recommendations

93. The current situation of indigenous peoples in Mexico reflects the considerable gap between the legal, political and institutional reality and the international commitments assumed by the country. This gap continues to grow, in particular due to the impetus of the development model promoted by the energy reform, which has a significant impact on indigenous territories. Sustainable development requires a human rights approach.

94. Effective and coordinated measures are required between institutions throughout the federal, state and municipal structures to address the serious problems exposed, including reforms of the legal, political and institutional framework aimed at applying the rights of indigenous peoples on key issues such as: lands , territories and natural resources, their own development priorities, self-determination, political participation and access to justice. Measures are also urgently needed to solve the problems of violence and insecurity, as well as poverty, marginalization and structural discrimination.

95. The Special Rapporteur considers that the conditions must be created for a sustained and inclusive dialogue with indigenous peoples that can generate the confidence necessary to address the issues presented in this report and create a new relationship between indigenous peoples and the State based on equality, respect and non-discrimination.

Legal, political and institutional framework

96. The constitutional debate on fundamental rights, such as the recognition of indigenous peoples as subjects of public law, must be reopened. This entails the modification or reform of federal and state legislation on indigenous matters. A first step to solve the problems mentioned in this report is to recognize the country's historical debt in this area and adapt the legislation and policies related to agrarian, territorial, energy development, mining, water, production and food security, governance and administration of justice, among others, with international obligations on the rights of indigenous peoples. The modification or reform of these norms must be carried out in consultation and with the participation of indigenous peoples in accordance with international standards.

97. Government institutions must have the capacity and resources necessary to respond to the needs of indigenous peoples in terms of human rights and access to justice, especially those such as the CDI. The programs and policies of these institutions should substitute a welfare approach for a human rights approach that promotes the empowerment and self-determination of indigenous peoples, and that respects their own proposals and priorities, ensuring the full participation of indigenous peoples in the elaboration and development of said programs.

98. The courts, including the Supreme Court of Justice, must streamline the existing mechanisms to ensure the implementation of the judgments handed down in favor of indigenous peoples. Greater attention is recommended to cases that present the possible incompatibility of national norms with international standards on the rights of indigenous peoples.

Lands, territories and natural resources

99. A comprehensive reform of the agrarian legal regime is recommended to incorporate current international standards on the rights of indigenous peoples. It is highlighted that the lack of respect for the right of indigenous peoples to their lands, territories and resources has a negative impact on the enjoyment of their other rights. This entails the training of community agrarian authorities, officials of institutions and agrarian courts.

100. Specialized attention is urgently required to the requests of indigenous peoples for the recognition and protection of their lands and territories, the resolution of territorial conflicts, and justice and comprehensive reparation for violations of their territorial rights. Interdisciplinary and representative working groups of indigenous peoples, civil society, and the government could be formed in order to propose adequate mechanisms for resolving these cases. [17] These measures must be developed in full cooperation with the indigenous peoples themselves and apply international regulations on indigenous peoples, including the jurisprudence of the inter-American system.

101. The Special Rapporteur reiterates her previous recommendations related to respect for the rights of indigenous peoples in the context of protected areas in their territories, including prior consultation and participation in the management, administration and control of said areas. Likewise, it reiterates the right of indigenous peoples to access natural resources for their subsistence and to the protection of their cultural and natural heritage. [18]

Development priorities, mega-projects, consultation and consent

102. Dialogues on an equal footing between indigenous peoples and government authorities on the concept of development are recommended, leading to joint decision-making on development in indigenous territories. The development proposals of indigenous peoples must have priority in their territories. In this regard, the particular circumstances and needs of native and indigenous peoples residing in urban centers must be taken into account.

103. Policies, laws and development plans in energy, agrarian, agro-industrial, tourism and other areas must take into account the proposals, priorities and concerns of indigenous peoples in relation to development in their territories or around them before resulting in concessions, licenses, permits and other authorizations that could affect their rights and generate conflicts.

104. Measures must be adopted so that indigenous peoples have studies of the impact on human rights that the projects proposed in their territories may cause, carried out by independent entities in accordance with international standards and taking into account the knowledge of the communities about their habitat in the preparation of the studies.

105. Likewise, the government institutions in charge of supervising the actions of companies and of investigating and punishing environmental and health damages that indigenous peoples may suffer should be strengthened.

106. Any consultation on activities or measures that could affect indigenous peoples must be prior and adequate information must be provided on the social, environmental and cultural impacts of said projects, and possible mitigation measures, compensation and benefits. It should not proceed without having implemented these guarantees and their free, prior and informed consent has been obtained. Indigenous peoples whose rights have been violated by these projects must obtain justice and comprehensive reparation.

107. The State has the obligation to protect the rights of indigenous peoples, and within this framework to guarantee that companies exercise due diligence and assume their responsibilities in the event of damage. Before signing contracts related to investment projects, the State must carry out studies on the presence of indigenous peoples in or around the proposed project sites, and on the rights to lands, natural resources and prior consultation that may correspond to the indigenous peoples under international standards.

108. The private sector must exercise due diligence and previously assess the actual and potential impacts of its activities on human rights in accordance with applicable international standards. [19]

109. In relation to the various initiatives to develop a law on prior consultation, it is necessary to underline that the absence of specific legislation does not exempt the State from the duty to consult indigenous peoples in accordance with its international obligations. The Special Rapporteur encourages indigenous peoples, the State and other actors to include additional options in their discussions, including self-consultation processes or protocols for relations with the State developed by indigenous peoples. Any mechanism used by the State to comply with the duty to consult must be, in itself, the result of dialogue and consultation in accordance with international standards.

Self-determination and political participation

110. Indigenous autonomy and self-government systems, including their legal systems, should be promoted and strengthened, including the provision of the means to finance such autonomous functions, in accordance with article 4 of the United Nations Declaration on the Rights of Peoples. Natives.

111. It is recommended that channels of dialogue, coordination and collaboration be established between indigenous autonomous institutions, such as community police, indigenous courts, boards of good governance and autonomous municipalities, and the Government in all areas of mutual interest.

112. Initiatives that promote indigenous political participation in electoral processes, including indigenous electoral districts, independent candidacies and access to electoral justice, must be strengthened and increased.

113. The necessary legal and administrative measures must be adopted so that indigenous peoples can exercise their right to elect their own authorities in municipal elections in accordance with their uses and customs.

Violence, impunity and access to justice

114. It is necessary to develop collective and culturally appropriate protection measures for indigenous peoples and individuals in situations of risk due to the defense of their rights. These should be developed in dialogue with indigenous beneficiaries and contemplate coordinated measures with the relevant institutions to address the underlying risk factors.

115. Concerted measures to protect against organized crime and armed groups in indigenous regions should also be developed, including coordination measures with indigenous institutions such as indigenous community police or others. Any military presence in indigenous territories must be consulted with the affected indigenous peoples in accordance with international standards [20], and the necessary measures must be adopted to guarantee that such presence does not result in human rights violations.

116. Recognition of indigenous justice systems, including indigenous courts, community police, and other forms of conflict prevention, protection, and resolution should be strengthened, [21] and supported with adequate resources. Mechanisms should be developed for harmonization and coordination between the indigenous and ordinary jurisdiction at the national level.

117. The extremely high rate of impunity in the country is of concern. Government programs for access to justice aimed at indigenous peoples before the justice system must be strengthened and provided with sufficient resources. Likewise, greater attention should be paid to access to justice in cases related to the protection of lands, territories and natural resources in contexts of megaprojects, agrarian conflicts, cases of contamination and health problems.

118. It is recommended that education programs on the rights of indigenous peoples in indigenous languages ​​be developed in indigenous communities.

119. It must be guaranteed that the criminal justice system is not used to criminalize indigenous peoples in the legitimate defense of their rights or the organizations that assist them.

120. It is necessary to expedite the investigations and criminal sanctions of persons responsible for threats, attacks and murders of indigenous human rights defenders, including crimes committed by police and military agents against indigenous civilians, which must be prosecuted in the civil jurisdiction, thus contributing to to guarantees of non-repetition. Paramilitary groups that commit human rights violations in indigenous regions must be dismantled, disarmed, and punished. [22]

121. The investigation, justice and reparation processes in the case of Acteal and other similar cases must be expedited. In the Ayotzinapa case, the investigations must proceed swiftly and in accordance with the recommendations of the Interdisciplinary Group of Independent Experts and the follow-up mechanism established by the IACHR and the recommendations of the international system.

122. Security and protection measures, as well as justice and reparation for human rights violations, must take into account gender factors and the situation of children, youth and other vulnerable indigenous sectors.

Economic, social and cultural rights

123. Efforts should be redoubled to obtain disaggregated information on the indigenous population in order to improve the provision of health, education and other services, taking into account gender, age and other relevant factors, and based on the criteria of self-enrollment. To this end, it is recommended that the institutions work together with indigenous representatives to develop adequate indicators.

124. The design and implementation of programs and policies for bilingual intercultural education and social services in indigenous territories and in areas with an indigenous presence must be carried out in consultation, coordination and collaboration with indigenous peoples, and incorporate their proposals. This includes programs that promote intercultural health and respect for traditional birth attendants, which could be expanded.

125. Financial resources should be increased so that indigenous peoples can develop and implement their own models of development and well-being in relation to food sovereignty, protection of biodiversity, community water management, cultural heritage and other pertinent issues.

126. Specific measures must be adopted to address the problems of discrimination faced by indigenous women in relation to access to land and access to justice, in cases of sexual and obstetric violence, femicides and others. The centers managed by indigenous women could be expanded, with the necessary resources for their operation.

127. In consultation and coordination with indigenous women's organizations and the respective communities, awareness-raising processes in indigenous communities on women's rights, discrimination and violence against women, and other relevant issues are recommended.

128. In relation to indigenous people in urban centers, migrants and day laborers, a comprehensive and adequate response is required to address the problems described. The recommendation is reiterated that a protection scheme be developed for these sectors, with special attention to women and children and indigenous Central American migrants. [23] Attention should be paid to the employment situation of indigenous day laborers and domestic workers in a culturally appropriate manner and in accordance with international labor and human rights standards.

129. Culturally appropriate measures of care are required for indigenous people affected by natural disasters that respect their rights, without conditions or discrimination. The proposals of the indigenous peoples themselves should be supported to overcome the health, housing and food problems generated by natural disasters.

130. The situation of the indigenous displaced requires urgent attention through comprehensive and coordinated responses. In accordance with applicable international standards, including the Guiding Principles on Internal Displacement, it must be guaranteed that indigenous displaced persons have the right to an adequate standard of living through culturally appropriate basic services. The State must create the conditions and promote the means that allow indigenous displaced persons to return voluntarily, with safety and dignity.

131. The authorities must resolve the underlying factors behind these displacements, such as territorial and political conflicts, the presence of organized crime and armed groups, through investigation, punishment, reparation and justice processes. In serious cases, such as the conflict between Chenalhó and Chalchihuitán, state, federal and agrarian authorities must guarantee that the measures adopted do not generate further conflict between indigenous communities.

Recommendations to indigenous peoples

132. The Special Rapporteur would like to encourage indigenous peoples to continue developing and strengthening their own legal, political and self-determination initiatives, taking into account international human rights standards, and thus contribute to national debates on reforms on issues security, administration of justice, development and governance.

Recommendations to the United Nations system

133. The specialized agencies of the United Nations system in Mexico must pay greater attention to the human rights situation of indigenous peoples in their areas of competence. OHCHR, in collaboration with indigenous peoples and the Government, is encouraged to follow up on these recommendations, taking into account indigenous peoples' proposals to that end.

June 28, 2018

Annex:  Allegations received

Allegations presented to the Special Rapporteur on the rights of indigenous peoples during her visit to Mexico 2017

Number	Case	Period	Alleged human rights violations	State
1	Tsotsiles from the Miguel Utrilla Los Chorros community, Río Jordán neighborhood, Chenalho, belonging to the Las Abejas de Acteal Civil Organization, were discriminated against the supply of drinking water and electricity.	2015-2018	Free determination and autonomy Nondiscrimination Integrity, freedom and security Water and sanitation	Chiapas
2	Violent attacks against the Ch'ol community of Viejo Velasco, Ocosingo municipality, which resulted in four indigenous people executed, four disappeared, an arbitrary deprivation of liberty who later died of post-traumatic stress, and the displacement of 20 men, 8 women , 5 children and 3 girls.	2006-2018	Right to life, personal integrity, liberty and security Right not to be displaced Access to justice and reparation	Chiapas
3	The Ch'ol community of the ejido of Tila suffered several attempts to dispossess their lands. They obtained a favorable ruling that has not been respected and they suffer continuous harassment due to the exercise of their right to self-determination. The SCJN has pending to issue a sentence in an incident of non-execution.	1966-2018	Free determination and autonomy Non-discrimination Land and territory Access to justice Integrity	Chiapas
4	Dispossession of lands and springs for the construction of two hydroelectric dams in the territories of the Zoque communities in the Ejido Chicoasén, without consultation and free, prior and informed consent. Judicial appeals were presented in agrarian matters.	1970-2018	Land, territory and natural resources. Consultation and consent Access to justice Water and sanitation	Chiapas
5	Health problems, pollution, landslides, diminished water, disappearance of forest and loss of crops due to open-pit mining in the Grecia ejido, and indirectly to the rest of the communities in Chicomuselo. There was no free, prior and informed consultation. An activist and opponent of mining exploitation, he was assassinated in 2009, without clarifying the murder.	2003-2018	Consultation and Consent Healthy environment Health Life Social security Access to justice Territory and natural resources	Chiapas
6	Aggressions against Tseltal people of Jotolá, Municipality of Chilón for the defense of their territory. Four people were arrested incl. two women sexually assaulted, in addition to the forced displacement of 18 people from the community.	2010-2018	Right to life Right not to be displaced Right of women to a life free of violence Right to Security and personal integrity Territory non-discrimination	Chiapas
7	Armed groups massacred 45 indigenous people (plus four who were yet to be born) in the "Los Naranjos" displaced camp, who were on a day of prayer and fasting for the peace of the municipality in Acteal. This event is also known as “the Acteal massacre” and to date its perpetrators have not been punished.	1997-2018	Right to life Right to integrity and personal security Right to prevention and protection against forced displacement; Free movement, transit and residence Right to judicial guarantees Right to judicial protection Women's rights Children's rights Right to inviolability of domicile Rights of the peoples to peace Right to the truth.	Chiapas
8	Indigenous and peasant women in Chiapas have been excluded from the ownership of agrarian rights, which is preferentially given to men. In addition, they are not allowed to access the land and natural resources in the territory, they are not allowed to participate in community decision-making spaces, and they are attacked or expelled from the territory. The 1992 Mexican agrarian reform has exacerbated this problem.	1992-2018	Equality Access to land, and territory. Decision Health Food Housing Healthy environment	Chiapas
9	The three levels of government have carried out projects in the Lacandon Jungle without the free, prior and informed consent of the Lacandon Community, made up of Tzotsziles, Tzeltales, Choles and Lacandones. In 2016, the Presidency of the Republic created a reserve on community lands, restricting the economic activities of community members. There was also no consultation or consent.	1970-2018	Self-determination Recognition of legal personality Land, territory and natural resources Access to justice Non-discrimination Liberty and personal safety	Chiapas
10	Violence of the Health Services in the Reproductive Health Care of Indigenous Women in Chiapas. Death of an indigenous woman due to lack of supplies and adequate health services.		Health	Chiapas
eleven	Lack of attention to the social and community needs of Tseltales, Tsotsiles and Ch'oles communities of Chilón, Sitalá, Salto de Agua, Tumbalá, Oxchuc, Palenque, Huixtan, Tenejapa, Altamirano, Ocosingo, Yajalón and San Cristóbal that gave rise to the formation of the Movement in Defense of Life and Territory (MODEVITE).	2011-2018	Free determination and autonomy Land, territory and natural resources Health Integrity and security	Chiapas
12	Lack of recognition and repression against the indigenous communities of Oxchuc in the face of attempts to exercise their self-determination, community government and elections.	2015-2018	Free determination and autonomy	Chiapas
13	Affection of the territory of Zoques communities by hydrocarbon extraction project without consultation and free prior and informed consent.	2016-2018	Land, territory and natural resources Consultation and consent Free determination and autonomy	Chiapas
14	Lack of recognition of the territory of indigenous communities of San Francisco, Teopisca. Threats and attacks in the face of attempts to exercise their autonomy and self-determination.	1995-2018	Territory	Chiapas
fifteen	Lack of adequate recognition of territory between the indigenous communities of Chalchihuitán and Chenaló, displacement of indigenous people from Chalchihuitán due to attacks by armed groups, and lack of humanitarian assistance and security guarantees, as well as inadequate reparation.	1975-2018	Land, territory and natural resources Integrity, freedom and security Not to be displaced Health	Chiapas
16	Extrajudicial executions, forced disappearances and forced displacement in Chole communities in the Northern Zone of Chiapas, municipalities of Yajalón, Tumbalá, Tila, Sabanilla, Salto de Agua and Palenque, without full reparation.	1995-2018	Life, integrity, liberty and security Not to be displaced Access to justice	Chiapas
17	Continuous aggressions against Tseltales from the community of Banavil, Tenejapa, which have resulted in executions, disappearances, dispossession and the forced displacement of families, without guaranteeing security, justice and reparation.	2011-2018	Life, liberty and security Access to justice Not be displaced	Chiapas
18	As a result of an episode of violence generated by a political conflict, an adult and a minor were murdered and the Tsotsil indigenous community moved from Ejido Puebla in Chenalhó to San Cristobal de las Casas. The displaced do not have the necessary subsistence conditions. The complaints presented have not been adequately answered.	2017-2018	Life, integrity, liberty and personal safety Not to be displaced Access to justice	Chiapas
19	Tsotsil Indians from the Shulvo community in Zinacantán were violently displaced by other Shulvo community members. They filed complaints and complaints with the appropriate authorities, but none have responded adequately.	2015-2018	Not be displaced Integrity and personal safety Access to justice	Chiapas
twenty	A Tsotsil indigenous person, he was accused of the murder of his son. During the trial, because he did not speak Spanish, he could not give his version. In 2008 he was transferred to Chiapas, when he denounced the isolation and other mistreatment suffered, he was transferred to a maximum security prison where his family cannot visit him. There is a judicial resolution not yet implemented against the transfer.	1999-2018	Liberty and personal integrity Discrimination Access to justice Effective remedy	Chiapas
twenty-one	Assassination of a Tsotsil defender, which occurred in Cruztón, perpetrated by paramilitaries acting due to the inaction of the authorities. During the investigations, an alleged murderer was arrested but was released on the orders of the Governor.	2017-2018	Life Access to justice	Chiapas
22	An investigation was launched for robbery with violence against a Tsotsil leader. Although the case was closed in 2014, the prosecutor's office was changed and the arrest of the leader was ordered without justification, who is now in custody.	2017-2018	Access to justice Arbitrary detention	Chiapas
23	The Tsotsil, Tseltal and Mestizo population in Simojovel have suffered from violence provoked by organized crime. Defenders members of the Parish Council and a Tsotsil Catholic father have suffered harassment and death threats for their complaints against organized crime, authorities and businessmen.	2013-2018	Life, integrity and personal safety Access to justice Freedom of expression	Chiapas
24	Tzeltal woman from Huixtán with a disability, had two pregnancies as a result of rape by her father. A 70-year-old Tzeltal woman tried to access a therapeutic abortion for her daughter, which was denied on both occasions; in addition to reporting rape. The community has expelled these women. Authorities say they cannot get involved to protect the rights of indigenous women. These scenarios of physical, sexual, economic violence and discrimination are common in rural areas.	2002-2018	Life, integrity, liberty and personal safety Property Education Health Access to justice Reparation Indigenous people with disabilities Indigenous elders Indigenous children Non-discrimination based on disability and gender Right of women to a life free of violence	Chiapas
25	Indigenous women midwives, whose work continues to be of vital importance in rural areas, have experienced a continuous restriction of their work to recognize only doctors with university studies; causing culturally inadequate care and making it difficult to access care during pregnancy and childbirth in rural areas.	2014-2018	Life and personal integrity Health Job Culture and cultural heritage	Chiapas
26	Indigenous women of Chiapas suffer political, social and cultural exclusion that translates into class, ethnic and gender inequalities, due to the implementation of the neoliberal and patriarchal model, through programs such as PROSPERA and PROCEDE. They also suffer high levels of violence and impunity but the gender violence alert has only been granted in a few municipalities.		Land and territory	Chiapas
27	Lack of legal recognition of the lands and territory of the Odami de Mala Noche community, Guadalupe y Calvo municipality, despite requests from authorities.	1982-2018	Free determination and autonomy Land, territory and natural resources Access to Justice	Chihuahua
28	Lack of legal recognition of the lands and territory of the Rarámuri community of Mogótavo, Municipality of Urique. Eviction attempt by the Barrancas del Cobre Tourist Project without consultation and free, prior and informed consent. Pending final judicial resolution.	1980-2018	Land, territory and natural resources Free determination and autonomy Consultation and consent Legal personality Access to justice.	Chihuahua
29	Implementation of the Barrancas del Copper tourist project without consultation and free, prior and informed consent of the Rarámuri communities of Bacajípare and Huitosachi, the project also affects eight other communities of mountain municipalities.	1994-2018	Free determination and autonomy Legal personality Territory Consultation and consent Access to justice	Chihuahua
30	Lack of access to drinking water for the Rarámuri Community of Mogótavo, Urique. Since 2012 the problem has been raised with state and federal authorities. The construction of infrastructure was authorized and started in January 2014 and was suspended in September 2015 due to private opposition. It is in litigation.	2012-2018	Water and sanitation Access to justice	Chihuahua
31	Lack of legal recognition and dispossession of the territory of the Rarámuri community of Bosque de San Elías, Repechique, without consultation and free, prior and informed consent. Pending judicial resolution.	1940-2018	Self-determination Consultation and consent Land, territory and natural resources Access to justice	Chihuahua
32	Lack of recognition of the ancestral territory, in addition to the granting of permits for the exploitation of natural resources in the Rarámuri Choréachi community in Guadalupe and Calvo without consultation and free, prior and informed consent. Defenders of their ancestral territory and its natural resources, especially forest resources, have suffered harassment, harassment, persecution, displacement and murder by authorities and community leaders and their respective family nuclei.	2007-2018	Free determination and autonomy, Territory, Preferential access to natural assets and the right to Consultation. Judicial protection (suitable, fast, accessible and effective remedy); Due process. Right to life, security, integrity, liberty, property. Right to live in community and according to one's own culture. Right not to be displaced Right to defend human rights	Chihuahua
33	Lack of recognition of the ancestral territory of the Rarámuri community of Coloradas de la Virgen, in Guadalupe and Calvo. The use of their forests by individuals was authorized without consultation or free, prior and informed consent. Community leaders have been persecuted, displaced and killed for defending their lands and natural resources. It is pending a final judicial resolution.	1990-2018	Self-determination Right not to be displaced Land, territory and natural resources Access to justice Judicial protection Life, liberty and security Right to live in community and according to one's own culture. Right to defend human rights	Chihuahua
3. 4	Lack of recognition and attempts to dispossess the land of the Odamí Cordón de la Cruz, Mesa Colorada and Tepozán communities in Guadalupe and Calvo. Harassment and assaults of armed persons in said lands, in addition to displacing, depriving them of liberty and exercising physical and sexual violence against members of the three communities. A complaint and a judicial appeal were filed.	2016-2018	Right to land and ancestral possession. Judicial protection, Due process. Nondiscrimination Personal security right of women and girls to a life free of violence Integrity, security and freedom. Right to live in community and according to one's own culture. Right not to be displaced	Chihuahua
35	Forced recruitment of young people from the El Manzano Community, in the Rocoroyvo de Urique ejido, by organized crime. Homicides, burning of houses and vehicles, injuries, dispossession and forced mass displacement. The complaints filed have not been addressed and the displaced people receive assistance aid.	2014-2018	Access to justice Judicial protection Life, liberty and security, Land and territory Property Right to live in community and according to one's own forced labor culture	Chihuahua
36	The Rarámuri community of Tehuerichi, Carichi municipality, has faced multiple difficulties in obtaining an adequate civil registry that allows them access to other rights.		Identity and legal personality Certainty and legal security Land and Territory Nondiscrimination	Chihuahua
37	Lack of recognition and protection of the land and territory of the Rarámuri Arroyo del Pajarito Community, Municipality of Guachochi, which has generated looting of the forest and dispossession without consultation and free, prior and informed consent, as well as threats. Regularization was requested but to date it has not been granted.		Land and territory Consultation and Consent	Chihuahua
38	Lack of recognition and protection of the lands and territory of the Rarámuri community of Baqueachi, municipality of Carichi, against abuses, humiliations and grievances of private farmers. There are some sentences to be executed.	1928-2018	Land and Territory Access to justice	Chihuahua
39	Lack of recognition and protection of the lands and territories of the Rarámuri Community of Barrancas de Sinforosa, Municipality of Guachochi, against dispossession, threats and displacement.	1997-2018	Land and Territory Integrity, freedom and security	Chihuahua
40	Lack of recognition of the entire territory and dispossession of lands of the Tarahumara community of Huahuacherare, Carichi, despite judicial decisions.		Land and territory Access to justice	Chihuahua
41	Lack of recognition and protection of the territory of the Odami (Tepehuan) communities of Mesa Colorada, Tepozán and Cordón de la Cruz, municipality of Guadalupe y Calvo, against dispossession and attacks.	2013-2016	Land, territory and natural resources Nondiscrimination Integrity, security, freedom Access to justice	Chihuahua
42	Lack of protection against homicides, injuries, dispossession, damage to homes and, finally, recruitment and massive forced displacement by organized crime against the El Manzano community, Rocoroyvo ejido, Urique. So far it has not carried out any operations.	2012-2018	Right to Life and integrity Not be displaced Integrity, freedom and security Access to justice	Chihuahua
43	Lack of recognition of the lands and territories of the Rrámuris, Corarayvo, Segórachi, Apórabo and Cieneguitas communities of El Mochomo, Municipality of Guazapares, against invasions by individuals. Pending final judicial resolution.	1955-2018	Land and Territory Access to justice	Chihuahua
44	Construction of a dam on the Mayo River that will flood the lands of the Guarijías de Makurawe and Burapaco communities, Álamos, affecting 150 indigenous people directly and more than 350 indirectly. Pending judicial resolution.	2012-2018	Land and territory Consultation and consent Access to justice	Chihuahua
Four. Five	Highway project in the territory of the Otomí community of San Francisco Xochicuautla, municipality of Lerma, without consultation and free, prior and informed consent. Attacks and criminalization against defenders of the community and destruction of their property. Particularly serious turned out to be the demolition of the house of a community leader and a meeting place for the inhabitants of Xochicuautla opposed to the construction of the highway.	2006-2018	Right to self-determination Land, territory and natural resources Consultation and Consent Cultural integrity freedom of worship	Mexico state
46	Case of the arbitrary detention of a Mazahua indigenous person, for alleged homicide without due process and defense, which persisted until the date of the visit, pending a judicial resolution, however he was released in January 2018.	2010-2018	Access to justice Non-discrimination Due process presumption of innocence adequate defense Access to justice and reparation	Mexico state
47	The Otomí Indigenous People of San Francisco Magú, made up of thirteen communities, has not been recognized as such in the "Law of Indigenous Rights and Culture of the State of Mexico" or in the "Catalog of Indigenous Localities of the National Commission for the Development of Indigenous peoples, ”which prevents access to and exercise of their rights as indigenous peoples.	2002-2018	Free Determination Autonomy Recognition of legal personality Preserve their own institutions Not be subjected to forced assimilation or the destruction of their culture Participate in making decisions that affect your rights Freely determine your development priorities Land and territory Receive technical and financial assistance for the enjoyment of their rights	Mexico state
48	The megaproject of the new international airport of Mexico City has provoked attempts of dispossession by the three levels of government against the Ixtapan, Nexquipayac, San Salvador Atenco, Colonia Francisco I. Madero and Tocuila communities in Chimalhuacán, Atenco and Texcoco . This has also led to episodes of physical violence, sexual assaults, criminalization, and arbitrary detentions. The case of 11 women sexually tortured by police officers in 2006 is now awaiting judgment by the Inter-American Court of Human Rights.	2000-2018	Free determination, autonomy and recognition of legal personality Territory Access to Justice Discrimination Personal liberty, integrity and security Women's right to a life free from violence	Mexico state
49	Discrimination, criminalization and attacks against Hñañú women from Santiago Mezquititlán, who moved to León Guanajuato due to their poverty, where they make and sell various products.	2010-2018	Nondiscrimination Personal integrity, freedom and security Job	Guanajuato Queretaro
fifty	Mining concessions and declaration of land freedom in the Júba Wajiin territory of the Naua, Me'phaa and Na Savi indigenous communities of San Miguel del Progreso, without consultation and free, prior and informed consent.	2011-2018	Land and Territory Self-determination and autonomy Recognition of legal personality	Warrior
51	Mixtec indigenous community Ñuu Savi, El Coyul, does not have the adequate infrastructure or the personnel and food necessary to guarantee access to education. The recommendations of the Guerrero State Human Rights Commission have not been heeded.	2012-2018	Education Food Equality and non-discrimination	Warrior
52	Authorization and construction of the La Parota Hydroelectric Plant in the territory of indigenous and rural communities of Papagayo, Omitlán, Tlalchocohuite and Tejería in the municipality of Juan R. Escudero; Plan Grande, La Unión and El Chamizal in the municipality of San Marcos and La Venta Vieja, Colonia Guerrero, Los Huaje, El Guayabal, Arroyo Verde, Pochotlaxco and San José Cacahuatepec in the municipality of Acapulco, without consultation and free, prior and informed consent . Continuous threats and criminalization of defenders, including a community member who was apprehended in January 2018	1976-2018	Land and territory Consultation and consent Water Right to defend	Warrior
53	Indigenous peoples in the Montaña Alta and part of the Costa Chica, faced with the situation of violence and the growth of criminal organizations, organized and created the Regional Coordinator of Community Authorities - Community Police (CRAC-PC). Despite having been legally recognized in 2011 (Law No. 701 on Recognition, Rights and Culture of the Indigenous Peoples and Communities of the State of Guerrero), since 2013 its members have suffered severe criminalization and in January 2018 there were cases of arrests, torture and extrajudicial executions perpetrated by security authorities.	1995-2018	Self determination Preserve and strengthen their own institutions Liberty Access to justice No criminalization and harassment	Warrior
54	Disappearances, executions and displacement as a result of the violence, which affects in the low mountains, mainly the communities of Chilapa, Zilitlala, Atlixtac and Ahuacotzingo; all this before the inaction of the municipal and state police, the gendarmerie and the army.	2006-2018	The right to life, liberty, personal integrity Right to the truth access to justice Right not to be displaced	Warrior
55	Families from indigenous communities, mainly from Chilapa, Zitlala, Atlixtac and Ahuacotzingo in the low mountain have a registry of one hundred disappeared people, most of them monolingual women who are revictimized and discriminated against by authorities and society. Research progress is unknown.	2014-2018	Life, personal integrity, liberty and personal security Recognition of legal personality Non-discrimination To the truth Access to justice	Warrior
56	Armed subjects entered the Quetzalcoatlan de las Palmas Community, murdering six and ordering the rest to immediately leave their community. The authority has not followed up on the case.	2016-2018	Right not to be displaced Life, personal integrity, liberty and personal security Territory Access to justice	Warrior
57	Disproportionate use of public force in a military checkpoint that resulted in the death of a Naua indigenous person from the Tlatzala community.	2009-2018	Life, liberty and integrity Access to justice	Warrior
58	Lack of access to preschool education for boys and girls from the Me'phaa community of Buena Vista, municipality of Atlixtac, a Center for Indigenous Preschool Education was requested without it having been created so far despite the amparo ruling that order.	1992-2018	Education Nondiscrimination	Warrior
59	Concessions and projects, especially miners, that attempt to appropriate, exploit and sell the natural assets of the Me'phaa and Ñu savi communities without consultation and free, prior and informed consent.	2011-2018	Land, territory and natural resources Consultation and consent Healthy environment	Warrior
60	Arbitrary detention of a Tu'un Savi indigenous defender from the Ñuu Savi community of San Felipe, municipality of Ayutla de los Libres. In December 2017, an acquittal was issued but the risk of a new arrest remains.	2013-2017	Freedom and integrity Due process and access to justice Right to Defend	Warrior
61	Mine operation that generated the contamination of the Balsas River from which the indigenous communities of Nuevo Balsas, Real del Limon, La Fundición and Atzcala, municipality of Cocula, are supplied, without consultation and free, prior and informed consent, with effects on health and safety. life. In January 2018, a defender was assassinated by an armed group linked to the company.	2009-2018	Right to prior consultation Right to land and territory Right to life and integrity	Warrior
62	Lack of access to health care in the Mini Numa indigenous community despite the amparo ruling that indicated that a health center should be built and the health home equipped; the follow-up of the sentence has not been adequate.	2008-2018	Access to Health Non-discrimination Access to Justice	Warrior
63	Two Tlapaneca / Me'phaa indigenous women were sexually tortured by military personnel in a context of repression against social movements and indigenous organizations. Health services were denied and to date the cases have not been duly investigated, those responsible have not been punished and there has been no comprehensive reparation. In 2010 the IACHR issued judgments on the cases.	2002-2018	Life, integrity, liberty and security Women's right to a life free of violence Health Nondiscrimination. Right not to be tortured Right to protection of dignity and privacy. Right to due process and judicial guarantees. Access to justice and reparation	Warrior
64	Lack of comprehensive and adequate attention from the authorities in the face of storm Manuel and Hurricane Ingrid that affected the communities of the Guerrero Mountain and generated deaths, displacement, destruction of homes and food shortages.	2017-2018	Life Health Humanitarian Assistance with a Human Rights Approach Participation Transparency and information Food living place	Warrior
65	Forced disappearance of 43 students, 3 forced executions and 2 seriously injured normal students from the “Raúl Isidro Burgos” Rural Normal School, Ayotzinapa, and the situation of the relatives after more than 3 years of searching, without adequate intervention by the authorities or a true access to justice.	2014-2018	Life, integrity, liberty and security Access to justice	Warrior
66	Me'phaa indigenous woman and Nahua women, victims of femicide, structural discrimination and lack of access to justice.		Life Integrity Access to justice	Warrior
67	Indigenous Me'phaa man victim of sexual torture by members of the army in Barranca Tecoani, municipality of Ayutla de los Libres. Authorities want to withdraw protection measures although the risk remains high.	2002-2018	Integrity, freedom and security Women's right to a life free of violence	Warrior
68	Lack of action in the face of the disappearance of an indigenous person from Tlapa de Comonfort	2017-2018	Life, integrity, liberty and security	Warrior
69	Maternal deaths of agricultural laborers and Me'phaa minors from San Juan Puerto Montaña without adequate medical attention and access to justice.		Life Integrity Health Access to justice	Guerrero Michoacan Chihuahua
70	The original town of Culhuacan, Iztapalapa, requested the expansion of the neighborhood pantheon, for which the corresponding expropriations were decreed, however the proper use permits have not been given and authorities evicted them with attacks.	2005-2018	Land and Territory Culture	Mexico City
71	Mining projects that will affect the most important sacred natural sites of the Wixárika (Huichol) indigenous people, originally from the Sierra Madre Occidental, without consultation and free, prior and informed consent. Pending judicial resolution.		Land and territory Consultation and consent Self-determination Culture	Jalisco
72	Discretionary and discriminatory management, by municipal authorities, in the application of public resources that correspond to the Purépecha community of Santa Fe de la Laguna, municipality of Quiroga.	2015-2018	Self-determination and autonomy Recognition of legal personality Non-discrimination	Michoacan
73	The traditional government structures of the Purépecha community of San Francisco de Cherán have not been recognized by the authorities despite court decisions. So far, free, prior and informed consultation to harmonize municipal legislation has not started.	2011-2018	Self-determination and autonomy Self-government Consultation and consent Political participation	Michoacan
74	Mining concessions in the territory of the Nahua indigenous community of San Juan Huitzontla, Chinicuila municipality, without consultation and free, prior and informed consent and clandestine mining exploitation by organized crime groups in the region. Contamination of its water sources and places of sacred rites.		Land, territory and natural resources Free determination and autonomy Consultation and consent Recognition of legal personality Information Water Health Life	Michoacan
75	Threats against an indigenous woman for her defense of human rights in front of the thermoelectric plant, of the Morelos Integral Project (PIM)	2017-2018	Integrity, freedom and security Right to defend	Morelos
76	Authorization and construction of the “Las Cruces” Hydroelectric Dam in the San Pedro Mezquital River Basin, which would flood sacred sites for several Nayeris, Wixaritari, Tepehuano and Mexicaneros indigenous peoples; as well as Serranos de Ruiz, Rosamorada, Acaponeta and El Nayar. Without consultation and free, prior and informed consent.	2007-2018	Self-determination, autonomy Territory Culture and cultural heritage Environment Free, prior and informed consent.	Nayarit
77	Authorization of a wind energy project in the territory of the Zapotec communities of Juchitán de Zaragoza and El Espinal, Isthmus Region, without consultation and free, prior and informed consent. The final judicial resolution is pending.	2014-2018	Land and Territory Cultural Identity Consultation and consent Healthy environment Access to Justice	Oaxaca
78	The wind company came to the lands of the Zapotec People of Juchitán to develop a project, with permits granted without the free, prior and informed consent of the community. Although a consultation was carried out later, civil organizations that observed the process pointed out serious irregularities. It is pending judicial resolution.	2013-2018	Query Free, prior and informed consent Environment Land, territory and natural resources Access to justice.	Oaxaca
79	Through deception and insufficient information, the owners belonging to the agrarian subcommunity Unión Hidalgo, in Juchitán, signed contracts with the company. Since their arrival, the community members have been victims of intimidation, impediments to access their farmland and contamination. The installation of another wind farm is planned under the same circumstances. It is pending a final judicial resolution.	2012-2018	Agrarian. Economic, social and cultural Land, territory and natural resources Environment Consultation Free, prior and informed consent Access to justice	Oaxaca
80	Federal legislation has allowed access to transgenic corn that have contaminated the native corn planted by indigenous and peasant communities in the Sierra Juárez. In addition, the "Seed Marketing and Certification Law" makes the trade in non-certified seeds carried out by indigenous people and peasants illegal.	1996-2018	Free determination. Natural resources Health Query Free, prior and informed consent Development Culture and cultural heritage	Oaxaca
81	Government Program Oportunidades, today Prospera, is implemented without consultation, participation and consent of the Mixe community of San Juan Jaltepec de Candayoc, and has generated various effects on community life, mainly women.	2000-2018	Consultation and Consent Participation Non-discrimination, Cultural rights, language, culture and forms of organization	Oaxaca
82	Lack of culturally adequate health services for the Mixe Jaltepec de Candayoc Community, mainly for women. Pending final judicial resolution.		Health Non-discrimination Cultural rights Institutional violence against indigenous women	Oaxaca
83	Community and indigenous defenders who oppose mining projects in Valles Centrales suffer threats and attacks. The lack of investigation of the complaints and the failure to arrest the perpetrators of the threats and attacks are one of the great risks for defenders.	2017-2018	Integrity, freedom and security Right to defend	Oaxaca
84	Two human rights defenders and members of the Assembly of Indigenous Peoples of the Isthmus in Defense of the Land and Territory (APIIDTT) and of the Articulation of Indigenous Peoples of the Isthmus in Defense of the Territory (APOYO) have received threats and intimidation for the exercise of the defense of the territory.	2017-2018	Integrity, freedom and security Right to defend	Oaxaca
85	Assassination of a human rights defender who opposed mining activity and high electricity rates in the town of San Pedro Tapanatepec.	2017-2018	Right to life mining megaprojects territory	Oaxaca
86	Ban decree restricts the traditional use and exploitation of water to the Zapotec communities of Valles Centrales, Ocotlán and Zimatlán. Sentence ordered that a consultation be carried out, which has not ended due to the lack of agreement.	1967-2018	Water Consultation and consent	Oaxaca
87	Invasion, dispossession and depredation, by loggers, ranchers and drug raisers, in ancestral communal territory of the Zoque Chimalapa people (Communal Assets of Santa María and San Miguel Chimalapa) without adequate intervention of authorities. Threats and attacks against defenders.	1950-2018	Land and territory Protection and management of natural assets Free determination and autonomy Integrity and life Internal regulatory systems A dignified life and self-development Healthy environment	Oaxaca Chiapas
88	Mining concessions, hydrocarbon extraction, infrastructure and hydroelectric plants in the territory of the Totonaco, Nahua, Otomí and Tepehua communities of the Sierra Norte de Puebla without consultation and free, prior and informed consent. Harassment against defenders.	2011-2018	Self-determination Land, territory and natural resources Access to justice Non-discrimination Recognition of legal personality	Puebla
89	Indigenous people, mostly Nahua, in the municipality of Huitzilan have been kept in a dynamic of oppression, exclusion and violence due to the claims of territorial control of political-partisan groups. The murder of more than 150 indigenous people has been denounced without the perpetrators having been investigated and punished.	1985-2018	Right to integrity Right to development Right to autonomy of peoples Right to life Right to free expression Right to free assembly Right to personal security Right to access to justice	Puebla
90	The construction of a gas pipeline was authorized without the free, prior and informed consent of the communities in Tlauilotepec, Pahuatlán and Honey in the Sierra Norte de Puebla as well as Huehuetla and Tenango de Doria in the Sierra Otomí-Tepehua. Its construction implies environmental damage and risks to the inhabitants not foreseen by the authority, particularly displacement.	2016-2018	Self-determination Consultation Free, prior and informed consent Land, territory and natural resources Environment	Puebla Hidalgo
91	Arbitrary detention and criminalization without due process of three Hñähñú indigenous people from the Santiago Mexquititlán community, accused of kidnapping six agents of the Federal Investigation Agency. After three years in prison, they were released in 2009 and in February 2017 an act of recognition of innocence and a public apology from the PGR was carried out.	2006-2017	Access to justice Non-discrimination Due process Judicial guarantees presumption of innocence adequate defense personal liberty and comprehensive reparation	Queretaro
92	Arbitrary detention and criminalization without due process of an indigenous ñhôñhô, from San Ildefonso Tultepec, Amealco de Bonfil, for participating in a demonstration on the increase in the price of gasoline and fuel shortages. He was acquitted in July 2017 and until October 2017 all arrest warrants against him were dismissed.	2015-2017	Personal liberty personal integrity Legal security Non-discrimination Access to justice	Queretaro
93	Construction and operation of an aqueduct in the territory of the Yaqui Tribe without consultation or free, prior and informed consent. Judges ordered its suspension, but it continues to operate.	2010-2018	Land and Territory Self-determination Water Access to Justice	Sonora
94	Request to carry out pre-Hispanic ceremonies on the esplanade of various archaeological sites in the country that are under the custody of the National Institute of Anthropology and History (INAH).		Free determination Culture	Several
95	Nahua communities of La Soledad and Masapiini / Tepehua communities of El Mirador, Tlachichilco municipality, were not consulted or gave their consent to the energy reforms, including the Hydrocarbons Law, which will affect their territories and community life. Pending final judicial resolutions in the only protections of indigenous communities against the Energy Reform.	2013-2018	Land and territory Free determination and autonomy Access to justice Freedom of expression Participation Healthy environment Consultation and Consent Life living place	Veracruz
96	Establishment of a military base in the territory of the Nahuatl communities of the Sierra Zongolica, municipality of Soledad Atzompa. Attacks and sexual violence against a woman in the community without adequate health care that resulted in her death and lack of access to justice and reparation to date.	2007-2018	Life, integrity and security Right to a life free of violence Non-discrimination Health Access to information Access to justice and reparation	Veracruz
97	Hydrocarbon extraction projects without consultation and free, prior and informed consent, affecting the communities of Tecomaxochitl, Municipality of Chicontepec; Tohuacos, Municipality of Huautla; Land Beaches ejido of Tecolutitla, Coyolapa ejido of Tenexco, Municipality of Atlapexco; Candelaria and Limantitla, municipality of Huejutla; Ejido de Huazalingo in the community of San Pedro, mainly due to the contamination of water sources and crops.	1970-2018	Land, territory and natural resources Consultation and consent Water Feeding Healthy environment	Veracruz Hidalgo
98	Construction and operation of three mini-hydroelectric projects on the Nixtamalapa and Jalacingo rivers that affect peasant communities, comparable to the indigenous peoples of Mohon, Epapa, Cruz Alta, Tatepetaco, Limonateno, Guerrero, el Arco and Ejido Hueytamalco. Case pending final judicial resolution.	2010-2018	Territory and preferential access to natural resources for traditional use Consultation and consent Water Healthy environment	Veracruz Puebla
99	Individuals offered money to Mayan ejidatarios of San José Tibceh in Muna and Planchac in Sacalum for the construction of a solar park and an electrical substation. A consultation process is being carried out with the indigenous Xui Mayan Communities that inhabit the place. However, authorities and the company are pressing for the consultation to be carried out quickly. There is disagreement regarding how the consultation is being carried out and concern about the increase in violence.	2016-2018	Territory Consultation Free, prior and informed consent Insecurity and violence	Yucatan
100	Permitting and planting transgenic soy has affected traditional practices, the environment and natural resources of the Mayan communities of Hopelchen, Tenabo, Mérida, Tekax and Teabo. As well as effects on water and health. Without consultation and free, prior and informed consent. Threats and attacks against defenders of the communities and their advisers.	2011-2018	Land, territory and natural resources Consultation and consent Traditional practices Healthy environment Water Health Right to defend Access to justice	Yucatan Campeche