Twenty years after signing the San Andrés Accords, groups such as the Consultative Council of Indigenous and Afro-Mexican Peoples of Oaxaca pointed out that the situation for indigenous peoples "has worsened", and they face a systematic plundering of their natural resources, cultural heritage and knowledge.
Two former aides of the Zapatista Army of National Liberation (EZLN), Mixtec lawyer Francisco López Bárcenas and economist Julio Moguel, presented different views.
For lawyer López Barcenas, these agreements have definitely had an impact on legal matters, since in addition to reforming the Constitution, the government signed international treaties that are a tool for defending indigenous peoples. Economist Moguel, a specialist in rural issues, said that legislative progress is relative, because it continues denying that indigenous peoples are subjects of the law.
Oaxaca
The Consultative Council of Indigenous and Afro-Mexican Peoples of Oaxaca pointed out that two decades after signing the agreements on indigenous rights and culture, residents of the native pueblos remain in a peaceful struggle in the context of becoming institutionalized in defense of their social and cultural heritage. Additionally, they defend the indigenous and community radio stations, which they have managed to maintain despite the harassment to which they are subjected.
The Consultative Council of Indigenous and Afro-Mexican Peoples of Oaxaca pointed out that two decades after signing the agreements on indigenous rights and culture, residents of the native pueblos remain in a peaceful struggle in the context of becoming institutionalized in defense of their social and cultural heritage. Additionally, they defend the indigenous and community radio stations, which they have managed to maintain despite the harassment to which they are subjected.
The group demanded that Oaxaca's lawmakers keep their word and hold to their commitment to approve a constitutional reform on indigenous matters, for a relationship of justice with the peoples and communities. They warned that they will approach judicial bodies in the country's capital and internationally in order to end the "serious legislative neglect".
MV Note: Communities refer to lands granted by the Spanish king after the conquest; the land is owned and worked land collectively. Article 2 of Mexico’s Constitution recognizes the right of indigenous communities to choose self-government under traditional uses and customs, which includes a system of justice.
López Bárcenas commented that many pueblos have turned to the San Andrés Accords to build arguments to defend their natural resources against megaprojects.
"They [Accords] are not forgotten. After 20 years, they are a useful tool. Historically, they have a very strong symbolism. Those who brandish them are taken into account in accordance with the strength they [Accords] have for getting progress on their cases."Taking stock, López Bárcenas said that there is regression in the indigenous movement if it is compared with that generated by the San Andrés Accords:
"Twenty years ago, entire pueblos were steadfast, leaders of organizations, indigenous advisers and no one faltered; it was amazing.
"Today we don't have this movement, but we definitely have a more politicized society. There is an awareness that they [indigenous] have rights and a strong indigenous intelligentsia. Communities and pueblos are pondering."
Mexico City
Julio Moguel observed that the social and economic situation is worse for indigenous peoples than it was 20 years ago. Mexico City acknowledges the existence of only 40 pueblos [Spanish word means both peoples and villages]; in addition, because they are not fully recognized as indigenous entities their residents cannot access social programs run by the city government.
MV Note: Legally, Mexico City has been the Federal District, Mexico's capital city, just as the District of Columbia, is the U.S. capital. Recently, the Congress passed constitutional amendments to change it to Ciudad de Mexico, Mexico City, with its own Constitution, to be drafted during the Constituent Assembly referred to here.
Moguel pointed out that the San Andrés Accords embody the minimum required to establish the laws, and he considered that members of the Constituent Assembly will have to address the issue and recognize the
- 150 original pueblos and barrios [neighborhoods] and 50 communities of indigenous residents;
- Acknowledge them as subjects of the law, the legal system; and
- Give them access to free and informed prior consultation regarding infrastructure projects, among others.
MV Note: Consultation is the right of indigenous peoples recognized in both national and international legal frameworks [Political Constitution of the United Mexican States, Article 1; International Labor Organization, Agreement 169; United Nations Declaration Regarding the Rights of Indigenous Peoples].
The principles on which a consultation with indigenous peoples and communities must be based are:
National governments must consult with indigenous people regarding legislative or administration measures that can affect their quality of life.
- Prior to making decisions that can affect them.
- Free, without coercion, intimidation or manipulation of any kind.
- Informed, with sufficient and broad knowledge of the matter being consulted, providing comprehensible information in the language of the people or community.
- Undertaken in good faith, as a genuine dialogue between both parties, with respect and a sincere desire to reach an agreement.
Moguel declared:
"They cannot be regarded as other citizens are, and the number of members making up their pueblos define whether or not they get local representation. They should have a specific presence, precisely defined."
The Constitution for Mexico City, he pointed out, must become the turning point for ending the political, social and economic exclusion that has been the status of the country's indigenous peoples. It must be the basis for initiating reforms in state legislatures and in the country's Constitution. Spanish original