Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre pueblos indígenas y tribales, 1989 (núm. 169) - México (Ratificación : 1990)

Otros comentarios sobre C169

Observación

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Article 1 of the Convention. Identification and self-identification of indigenous peoples. The Committee notes that, with regard to the criteria used to identify members of indigenous groups, the Government indicates that the National Institute of Statistics and Geography (INEGI), until 1990, used linguistic characteristics as the basic criterion for estimates. As from the 2000 census, the criterion of self-designation was included. In the specific case of the XIIth General Census of the Population and Family, undertaken in 2010, two questionnaires were used: a basic questionnaire intended for the whole of the population, in which the linguistic criterion was used, and an extended questionnaire intended for a sample of the population, in which the criterion of self-designation was applied. The population sample represented approximately 10 per cent of the total population of the country and was representative in national, state and municipal terms. The Committee notes that, according to the information gathered in the XIIth Census, 15.7 million people aged 3 and above identified themselves as indigenous. Of these, 6.6 million speak an indigenous language. According to the Census, the federated entities with the highest percentage of indigenous people are Yucatán (62 per cent) and Oaxaca (58 per cent). The Committee recalls that Article 1(2) of the Convention provides that self-identification as indigenous or tribal shall be regarded as a fundamental criterion for determining the groups to which the provisions of the Convention apply. Under these conditions, the Committee invites the Government to include the question on self-designation in the basic questionnaire intended for the whole of the population in future population censuses that are carried out in the country with a view to compiling the most accurate possible data on the number of persons who identify themselves as indigenous.

Articles 2 and 33. Coordinated and systematic action. The Committee notes that, according to the Government, the entities of the Federation have undertaken local constitutional reforms and issued laws on indigenous rights and culture. The Government attaches a table with the rights that have been recognized by the various federated states and indicates that the National Commission for the Development of Indigenous Peoples (CDI) has identified 17 federated states in which processes of legislative harmonization are being undertaken. The Committee also notes the Government’s indication that the budget for action relating to the indigenous population has been increased by 53.6 per cent since 2007. The Government also provides information on the activities and programmes undertaken by the CDI, including the following programmes: Basic Infrastructure for Indigenous Peoples (PIBAI), Indigenous School Hostels (PAEI), Programme for the Promotion of Agreements in relation to Justice (PCMJ), Coordination Programme to Support Indigenous Production (PROCAPI) and Productive Organization for Indigenous Women (POPMI). The Government provides information on the objectives of these programmes, their budgets and the activities undertaken up to now within the framework of the programmes. The Government also emphasizes the action carried out by the CDI to reduce gender inequality within indigenous communities, for the restoration and cultural revaluation of indigenous languages and for the strengthening of inter-institutional relations to allow differentiated action that is sensitive to cultural diversity. The Government explains that the participation of the peoples concerned in the development and implementation of CDI programmes, projects and action is ensured through the Advisory Council of the CDI, which is composed of 140 indigenous leaders, seven advisers representing national academic and research institutions, 12 advisers representing social organizations, seven advisers who are officers of the Indigenous Affairs Commissions of both Chambers of the Congress of the Union and 32 advisers representing the governments of federated entities. The Advisory Council is divided into 12 working groups. The National Institute for Indigenous Languages (INALI), which is a decentralized body of the public administration, is responsible for advising the Government on the adaptation of public policies relating to indigenous languages, the promotion of multilingualism, the development of indigenous languages and their use in all fields of social, economic, labour, political, cultural and religious life. The Committee requests the Government to provide information on the impact of the programmes and activities carried out by the National Commission for the Development of Indigenous Peoples and the INALI, in accordance with the Convention.

Article 6. Consultation. The Committee notes the list of consultations held by the CDI in the context of the Indigenous Consultation System. The list covers the period from 2003 until 2009 and the consultations carried out are both at the general level and at the state and local levels. The Government emphasizes the importance of the Indigenous Consultation System taking into account traditional and constitutional indigenous authorities, and the need to achieve broad consensus, which has to be obtained in accordance with the rules established for each people. Participation and representative status are also considered as being intrinsically related to the right of consultation. The Government also provides information on the “Consultation on mechanisms to protect the traditional knowledge and cultural forms of expression, natural, biological and genetic resources of indigenous peoples”, and indicates that an Inter-institutional Group has been established with a view to determining, in consultation with indigenous peoples, the traditional knowledge, cultural forms of expression, natural, biological and genetic resources that have to be protected. The purpose of the consultation is that its conclusions are used as an input to legislate on the subject and to be able to determine a position on the matter at the international level.

With regard in particular to the Act on consultation, the Government indicates that various initiatives have been submitted in the Indigenous Affairs Commissions of the Senate and the Chamber of Deputies, and that these Commissions have decided to work together to review the initiatives, whether by choosing between them or preparing a new draft text. For that purpose, a new paper has been prepared that is to be discussed by the Chambers, the CDI and the public administration. The Committee notes that the CDI has been entrusted with holding consultations with indigenous peoples on the Act on consultation, through the Indigenous Consultation System, within which a methodological proposal is being prepared for the holding of these consultations. The Committee requests the Government to provide information on the operation in practice of the Indigenous Consultation System and on the manner in which the outcome of the consultations held in the System is taken into account when adopting final decisions. The Committee also requests the Government to provide information on any progress made in the adoption of the Act on consultation, the procedure and estimated timeframe for its adoption, and the manner in which it is planned to consult indigenous peoples concerning the Act. The Committee further requests the Government to continue providing information on the various consultation processes undertaken in the country at the national, state and municipal levels.

Article 7. Development plans and programmes. With regard to the implementation of the National Development Plan and the National Programme for the Development of Indigenous Peoples (PDPI), the manner in which it reflects the priorities of indigenous peoples and in which indigenous peoples participate in its application and evaluation, the Committee notes the Government’s indication that the programmes are implemented by various agencies of the Federal Public Administration, which can execute them through indigenous organizations and communities. These communities then become the beneficiaries and executors of the programmes. Indigenous peoples participate in their evaluation through social monitoring mechanisms and opinion surveys prepared by the National Council for the Evaluation of Social Policy and they inform the members of the Advisory Council of the CDI. The Committee also notes that the CDI carries out evaluations of programmes through satisfaction surveys of the beneficiaries of such programmes. The Committee requests the Government to provide information on the programmes undertaken, and particularly on the manner in which indigenous peoples participate in practice in their application and evaluation, and the impact of such participation in practice. The Committee also requests the Government to provide information on the manner in which the National Programme for the Development of Indigenous Peoples reflects the development priorities of indigenous peoples and how the proposals and recommendations of the CDI are integrated into the National Programme.

Articles 8 to 12. Administration of justice. The Committee notes the court decisions indicated by the Government which relate to indigenous habits and customs. The Committee further notes the numerous measures adopted by the Government in relation to the administration of justice. The Committee notes in particular, the improvement in the system for the defence of members of indigenous peoples, the agreements with university law departments concerning the availability of bilingual student assistants and with the University of Anthropology concerning recognition of the cultural diversity of indigenous peoples. The Committee also notes the activities carried out by the Specialized Indigenous Affairs Unit of the Office of the Prosecutor General of the Republic. The Committee requests the Government to continue providing information on the programmes and measures adopted under Articles 8 to 12 of the Convention, and particularly to provide examples of the decisions of courts specialized in indigenous affairs and of the ordinary courts which have applied indigenous habits and customs.

Article 14. Land rights. The Committee observes that the Government’s report refers to certain annexes, which were not attached to its report. The Committee must, therefore, once again request the Government to provide information on the following:

(i) the conclusions of the investigation project undertaken by the National Commission for the Development of Indigenous Peoples and the Office of the Agrarian Ombudsman and the resulting action taken to settle agrarian disputes affecting indigenous communities;
(ii) the results achieved by the above programmes with regard to the regularization of land tenure and the progress made by the programme dealing with the most serious problems “focos rojos”;
(iii) the action taken or that is being taken in relation to the situation of the lands of the Ñahñú community of San Pedro de Atlapulco, the Suave community of San Francisco del Mar, the Zoques communities of Chimalapas and the Mazahua community of San Antonio de la Laguna; and
(iv) the measures taken to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities.

Please also provide copies of administrative and judicial decisions recognizing the rights of indigenous peoples to the lands they traditionally occupy, and regarding the settlement of land claims based on traditional occupation.

Article 15. Natural resources. In its previous comments, the Committee noted that the Presa La Parota hydroelectric project had been suspended and requested the Government to provide information on the steps taken to award compensation to the peoples concerned for any damage suffered as a result of the implementation of the project. In this respect, the Committee notes the Government’s indication that the activities undertaken prior to the suspension of the project consisted of feasibility studies and prospecting to investigate the geology of the region, and that there had been no type of exploitation of natural resources. The studies only involved the temporary use of the lands, for which those concerned were duly compensated, in accordance with the Agrarian Act and the assessment tables of the Institute for the Administration and Assessment of National Property.

The Committee also requested the Government to provide information on the consultations which were being held in the context of the Istmo de Tehuantepec mega-project and on any other consultation procedures undertaken in relation to activities for the exploration and exploitation of natural resources on indigenous lands, including through the consultation system set up by the CDI. The Committee notes that, with regard to the Istmo de Tehuantepec project, the Government indicates that it is at the planning stage and that technical, economic, social and environmental feasibility studies are being undertaken, which will take a minimum of two years. With regard to consultations with indigenous peoples, the Government indicates that: (1) in 2006, the process of informing the government of Oaxaca concerning the proposal was initiated under the responsibility of the South Pacific Preliminary Projects Centre of the Federal Electricity Commission (CFE); (2) in 2007, the first contacts were made with the authorities of the municipalities and the communal authorities through meetings, and 48 communities have been visited up to now; (3) following the information meetings, community workshops were organized which offered the opportunity to collect information concerning fears, ideas and proposals related to the projects; (4) activities were undertaken to obtain the consent of the communities for the commencement of technical, economic, social, cultural and environmental studies (consent was obtained to carry out these studies from all the communities, except for the Tataltepec de Valdés agrarian unit, as a result of which no geological field work has been undertaken in that area); (5) as a result of the information and consultation process carried out and the socio-economic studies undertaken, the technical aspects of the project were modified (the reduction in the height of the dam from 195 to 147 metres, involving the reduction in the surface of the reservoir from 2,750 to 1,958 hectares); (6) visits were organized to other hydroelectric plants that are under operation or being constructed, with the participation of 300 inhabitants; (7) three regional evaluation meetings were held in Santiago Jamiltepec, Santiago Tetepec and Villa de Tututepec de Melchor Ocampo for the evaluation of the planning process together with the peoples and the agrarian administrative authorities; (8) surveys were carried out to evaluate the work of the Client Services Office of the CFE; (9) up to the time when the report was finalized, 1,617 information meetings had been held; and (10) during the information process it was made clear that human settlements were not affected (the reservoir and the area covered by the dam will take up 2,500 hectares, covering the lands of eight agrarian units). The Government also provides a list of the environmental and social impact studies undertaken under the supervision of the CFE. The Committee notes the activities undertaken by the Government, through the Federal Electricity Commission, to inform and obtain the views of the communities affected by the Istmo de Tehuantepec mega-project and it requests the Government to continue providing information on this subject. The Committee also notes the environmental, social and cultural impact studies that are being undertaken and requests the Government to indicate the manner in which the participation of the indigenous communities affected is ensured in such studies, in accordance with the Convention. Furthermore, the Committee requests the Government to indicate whether, once the technical studies and the environmental, social and cultural impact studies have been completed, it is planned to submit the mega-project to a process of consultation with the indigenous communities in relation to its execution and impact on the communities, and requests the Government to provide detailed information on this subject. The Committee further asks the Government to indicate whether there are pending administrative or judicial proceedings lodged against the project. The Committee also asks the Government to provide information on any current exploration or exploitation projects and the consultation procedures carried out with indigenous peoples in that respect.

Article 20. Recruitment and employment conditions. Noting that the Government’s report does not refer to this matter, the Committee once again requests the Government to provide information on the specific measures taken or contemplated to ensure that indigenous workers enjoy their labour rights in full, including information with regard to agricultural day labourers, indigenous children and internal migrants. Please also provide information on the results of labour inspections in relation to indigenous workers and information on the situation of indigenous workers in the Zolontla community of the Municipality of Ixhuatlán Madero in the State of Veracruz (2004 report of the Governing Body (GB.289/17/3)).

Articles 26 to 29. Education. The Committee notes the detailed information provided by the Government. In particular, it notes Strategy 2.7 of the Programme for the Development of Indigenous Peoples 2009–12 to promote access to quality and culturally relevant education and to promote the adoption of the intercultural approach throughout the National Education System. It also notes the establishment of the subject of indigenous language and culture in secondary schools, the intercultural baccalaureate, the degree in primary intercultural bilingual education and the intercultural universities (currently nine). The Committee requests the Government to continue providing information on the measures adopted in the context of the Programme for the Development of Indigenous Peoples 2009–12. In particular, the Committee asks the Government to provide information on the impact of these measures and the number of students benefiting from them. Furthermore, it asks the Government to provide information on the number of registered bilingual indigenous teachers.