[D66] Indigenous World 2020: Mexico

[R.O.]

Indigenous World 2020: Mexico

https://www.iwgia.org/en/mexico/3625-iw-2020-mexico.html


There are 68 different Indigenous Peoples that inhabit Mexican 
territory, each of which speaks a native language of their own. These 
languages form 11 linguistic families, comprised by 364 dialectal 
variants. According to the National Institute of Statistics and 
Geography (INEGI), 25.7 million persons, that is 21.5% of the 
population, self-identify as Indigenous. 12 million inhabitants (10.1% 
of the population) indicate that they live in Indigenous households. In 
addition, 6.5% of Mexico’s population is registered as speakers of an 
Indigenous language, representing 7.4 million persons.1

Indigenous communities continue to  be the most vulnerable in terms of 
the inequality they endure. Indeed, according to the National Council 
for the Evaluation of Social Development Policy (CONEVAL), 69.5% of the 
Indigenous population, that is, 8.4 million persons, are living in 
poverty, and 27.9%, that is, 3.4 million persons, live in extreme 
poverty.2 In addition, 43% of speakers of an Indigenous language have 
not completed primary school, and 55.2% work in manual, low-skilled 
labor jobs.3 Mexico signed ILO Convention 169 in 1990, and in 1992 the 
country recognised that it is a pluricultural nation by amending Article 
2 of its Constitution.

On 1 January 2019, the Zapatista Army of National Liberation (EZLN) 
observed the 25th anniversary of the start of its uprising and expressed 
its opposition to the infrastructure projects scheduled by the federal 
administration, such as the Mayan Train or the Trans-isthmus Corridor.4
Indigenous women in migration: from the domestic setting to the labour 
market

The presence of Indigenous women in current migrations is increasingly 
notable. As occurs with the rest of the migrant population, Indigenous 
migrant women come from the most marginalised zones – mainly the 
country’s southeast and central regions. They are migrating into areas 
of greater economic development: certain cities, areas with agrobusiness 
development, tourist zones in several parts of the country, the northern 
and southern border regions, and even international destinations, 
particularly in the United States and Canada. The 2010 Population and 
Housing Census recorded that, out of 174,770 Indigenous-language 
speakers migrating between Mexican states, 82,416 are women, that is, 
47% of the total. In the case of those migrating internationally 
(37,117), women account for 6,858 persons, representing 18% of the 
total. These are approximate figures, considering the undercounting of 
the Indigenous population due to denial of ethnicity and, in some cases, 
loss of one’s maternal language, which is the criterion used by INEGI to 
identify the Indigenous population. This phenomenon is accompanied by 
discrimination against Indigenous Peoples, as has been documented in 
studies on the issue: “In the places of destination there is a strong 
tendency to discriminate against Indigenous migrants.” Women are 
particularly vulnerable to discrimination, due to being triply 
discriminated: as migrants, as women and as Indigenous persons.

According to INEGI, 20 states in Mexico recorded the greatest migratory 
flow of Indigenous women. This trend can also vary depending upon the 
ethnic group. For example, in 2006 an increase was recorded in the 
migration of women and complete families, displaced from their state or 
from the country, although migration of the male population is indicated 
as greater. Nonetheless, the presence of Indigenous women’s migration 
was not suitably reflected in state-by-state data, due to undercounting. 
INEGI does not even quantify Indigenous women by ethnic group and thus 
further limits the measuring of this phenomenon. On said account, 
qualitative information needs to be considered, even if from prior 
years, in order to reconstruct migration history. According to 
ethnography studies conducted in the country’s Indigenous zones by 
several different researchers, women who participate in migration are 
Mazahuas, Mixtecas, Pimas, Tepehuas, Pames, Otomíes, Nahuas, Amuzgas 
from Guerrero, Popolocas, Tojolabales, Zapotecas, Triquis, Yaquis and 
Coras. That phenomenon went unnoticed as a general trend for the 
Indigenous population, even though it was recorded in those studies.

There are multiple causes of Indigenous migration. Structural factors 
are nonetheless the principal causes for the continuing presence of the 
phenomenon. Indigenous women also have the highest illiteracy rates, 
highest school dropout rate, fewest job opportunities, highest rates of 
suffering domestic violence, health problems and risks during pregnancy, 
and high levels of fecundity and mortality, among other factors. Working 
as domestic servants or in the informal economy – restaurants, maquila 
assembly plants or even begging5 – are some options through which 
Indigenous women obtain income in the cities. Work in agricultural zones 
is another option to which they resort.

Megaprojects, consultation, Indigenous and AfroMexican Peoples

Mexico recognises itself as a pluri-diverse country, with enormous 
contrasts, especially in economic terms. Yet this fails to be reflected 
in the Federal Government’s strategy for combatting corruption, 
initiated with a transformation of programmes for the socially 
disadvantaged population. As noted in the 2019-2024 National Development 
Plan, these programmes have included measures, such as economic 
supplements distributed to individuals, without considering the cultural 
perspective or worldview of Indigenous Peoples. Such an approach ignores 
the organisation and solidarity practices of Indigenous Peoples derived 
from their internal governance systems. Thus, it undermines the 
community structure of Indigenous Peoples and weakens their social fabric.

The national development vision has also been imposed in Indigenous 
territories through infrastructure megaprojects without considering the 
participation, needs and aspirations of Indigenous Peoples, thus 
jeopardising both the survival of Indigenous Peoples as collective 
entities and that of their territory, as was indicated by the UN 
representative.6 For example, the current federal administration 
considers the Mayan Train to be the most important project for 
infrastructure, socioeconomic and tourist development. The project 
covers a 1,525-kilometer route through the states of Chiapas, Tabasco, 
Campeche, Yucatán and Quintana Roo, with 15 stations, and an approximate 
investment  of 120 to 150 billion Mexican pesos.7 Certain Indigenous 
communities, however, consider the project to be an imposition, and have 
reacted to it by filing constitutional relief actions in the Federal 
Courts. Such is the case of Xpujil, Calakmul, in Campeche, which won a 
provisional suspension of the project. The grounds for their court 
action include failure to be informed of the technical studies and of 
the Environmental Impact Statement; and that the consultation was 
spurious, fraudulent and in violation of international human rights 
standards. Yet the greatest opposition to the megaprojects is 
represented by the EZLN, whose members have stated they are willing to 
die as protectors of the earth before permitting those projects to go 
ahead.8

The procedures outlined by the General Act on Ecological Equilibrium and 
Protection of the Environment make it difficult to guard against adverse 
environmental impacts, because that law requires the communities to 
request the consultations once there is an Environmental Impact 
Statement and not before the project is designed.9 The Indigenous 
Peoples’ right to consultation is based on Article 2 of the Constitution 
and Article 6 of ILO Convention 169, and must be free, prior and 
informed consultation (FPIC). That right also forms a part of Indigenous 
Peoples’ right to autonomy, self-determination and development. The 
Supreme Court of Justice of Mexico, however, has turned this right into 
a mere administrative procedure, restricting the content of case law 
from the Inter-American Court of Human Rights by finding that there must 
be a significant impact10 in order for a consultation to take place; and 
maintaining that a consultation shall be considered prior if conducted 
before the project is executed.11

In this context, the Federal Constitution was reformed to include 
Afro-Mexican peoples and communities in Article 2(C) of the 
Constitution, without expressly indicating their rights. This makes 
their inclusion obligatory in the upcoming 2020 National Population and 
Housing Census, which, for the first time, contains the question: “Do 
you, by reason of your ancestry, traditions, customs, consider yourself 
to be Afro-Mexican, black or of African descent?”12

This year the Senate ratified two international instruments: the 
Inter-American Convention Against All Forms of Discrimination and 
Intolerance, and the Inter-American Convention against Racism, Racial 
Discrimination, and Related Forms of Intolerance. Nonetheless, 
Indigenous Peoples and Afro-Mexicans have been exclusively recognised as 
cultural subjects and not as entities with legal personality under 
public law within the legal system, which prevents them from exercising 
such legal personality to defend their collective rights and their assets.
Murders of Indigenous activist rights and environment defenders

According to several international organisations, such as Global Witness 
and Amnesty International, Mexico remained one of the most dangerous 
countries in 2019 for activists who defend the environment and human 
rights. These activists have faced harassment, threats, repression and 
attacks against their lives. In 2019, at least 14 activists and 
defenders of the environment belonging to several different Indigenous 
Peoples were murdered, some of whom had already reported to the 
authorities that they had been threatened. These crimes, in their 
majority, were committed in the states of Chiapas, Chihuahua, Morelos, 
Oaxaca, Puebla, Tabasco and Veracruz, in the context of territorial 
conflicts, opposition and resistance to megaprojects involving 
infrastructure, extractive industries and energy production.

One of the most representative cases of violence and impunity with which 
Indigenous Peoples are faced is the murder of Nahua peasant activist 
Samir Flores Soberanes, who was a communicator and member of the 
Peoples’ Front in Defense of the Earth and Water of Morelos, Puebla and 
Tlaxcala. Flores Soberanes was opposed to the Morelos Integral Project 
and the two Thermoelectric Powerplants in Huexca, as well as to the 
Apatlaco River aqueduct and gas pipeline. In the early morning hours of 
20 February 2019 he was killed while leaving his home in Amilcingo, 
Morelos, while heading towards the Amiltzinko community radio station, 
which he founded in 2013.13 The case was especially relevant, since only 
two days later the public consultation was held for the thermoelectric 
plant to go into operation. According to official data, 59.5% of the 
population voted in favor of the project, with 55,715 citizens 
participating in the consultation.

25 years of the Zapatista Army of National Liberation (EZLN)

The first of January 2019 marked the 25th anniversary of the EZLN 
uprising, which took place in San Cristóbal de las Casas, Chiapas. The 
EZLN continues to be an intense opponent to the Mexican State. Indeed, 
even though it has been a quarter of a century since they declared war, 
their demands have not been resolved. In the framework of this 
anniversary, Subcomandante Moisés, spokesperson of the EZLN, expressed 
his opposition to the current federal government’s economic and 
infrastructure projects.

In an environment of constant conflict between the Federal Executive 
Branch and the EZLN, several activities took place over the course of 
the year. For reasons of space, we will describe just two of them. On 
21-22 December 2019, in San Cristóbal de las Casas, the EZLN, in 
conjunction with the National Indigenous Congress and the Indigenous 
Council of Government, held the Forum in Defense of Territory and Mother 
Earth, attended by 921 participants and representatives from 25 states 
of the Mexican Republic and 24 countries. The principal discussion 
revolved around the various megaprojects, such as hydrocarbon extraction 
and construction of gas pipelines; hydroelectric, thermoelectric and 
wind power plants; and mining, agroindustry and tourism projects; which 
adversely affect the Indigenous communities by plundering and polluting 
their territories. At the forum’s conclusion, it was agreed to hold the 
“We are All Samir” Days of Action in Defense of Territory and Mother 
Earth, scheduled for February 2020. Subsequent to the forum, the EZLN, 
from 27-29 December, held the Second International Gathering of Women 
Who Struggle, with the purpose of reflecting upon, highlighting and 
denouncing violence against women, as well as developing strategies for 
putting an end to the violence. The gathering took place at the 
“Following the Footprints of Comandanta Ramona Center of the Caracol 
(“Good Government Council”) of Tzots Choj (“Whilwind” in the Maya 
language)”, in which more than 4,000 women from 49 countries 
participated. During the three days, activities took place that enabled 
the women to share their experiences and establish ties of mutual 
support to combat gender-based violence. One of its principal functions 
was to create support and discussion networks among women from different 
places who are defenders of territory.14 We invite readers to visit the 
Radio Zapatista website to learn more about these activities: 
radiozapatista.org

Notes and references

     “Numeralia indígena 2015,” in Indicadores Socioeconómicos de los 
Pueblos Indígenas de México, 2015,” CDI, Mexico City, 2015, available 
at: https:// 
gob.mx/inpi/articulos/indicadores-socioeconomicos-de-los-pueblos- 
indigenas-de-mexico-2015-116128
     “Medición de pobreza 2018. Población según pertenencia étnica,” 
CONEVAL, Mexico City, 2018, available at: 
https://www.coneval.org.mx/Evaluacion/ 
PublishingImages/Pobreza_2018/POBLACION_PERTENENCIA_ETINICA.jpg
     “Por mi raza hablará la desigualdad. Efectos de las características 
étnicoraciales en la desigualdad de oportunidades en México,” Oxfam, 
2018, available at: 
https://www.oxfammexico.org/sites/default/files/Por%20mi%20raza%20 
hablara%20la%20desigualdad_0.pdf
     “El EZLN advierte que se opondrá al Tren Maya y a la Guardia 
Nacional,” in Animal Político, 1 January 2019, available at: 
https://www.animalpolitico. com/2019/01/ezln-amlo-tren-maya-guardia/
     Páez Cárdenas, Juan, 2000, “Indígenas Tijuanenses,” in Diario el 
Mexicano,Tijuana, Baja California, Mexico, July 22.
     “Conversatorio hacia una agenda legislativa garante de los derechos 
a la libre determinación, al territorio y a los modelos propios de 
desarrollo de los pueblos indígenas y afrodescendientes,” ONU-DH, Mexico 
City, 24 April 2019, available at: https://www.hchr.org.mx
     “Plan Nacional de Desarrollo 2019-2024” [2019-2024 National 
Development Plan]. Department of the Interior, Mexico City, 12 July 
2019, available at: https:// 
dof.gob.mx/nota_detalle.php?codigo=5565599&fecha=12/07/2019
     “Palabras del CCRI-CG del EZLN en el 26 Aniversario,” in Enlace 
Zapatista, 31 December 2019, available at: 
http://enlacezapatista.ezln.org.mx/2019/12/31/ 
palabras-del-ccri-cg-del-ezln-en-el-26-aniversario/
     “Poder. La participación de las comunidades ante megaproyectos, en 
la agenda de la SCJN,” in RED TDT, 28 January 2020, available at: 
https://redtdt.org. mx/?p=14969
     In “Gaceta del Semanario Judicial de la Federación,” [Federal 
Weekly Judicial Gazette] Book 31, Volume II, Supreme Court of Justice of 
the Nation, Mexico City, June 2016, p. 1213, available at: 
https://scjn.gob.mx/sites/default/ 
files/gaceta/documentos/tomos/2016-12/libro31t2.pdf
     In “Constitutional Relief Action on Review 601/2018,” Supreme Court 
of Justice of the Nation, Mexico City, 70-71, available at: 
https://www.scjn.gob.mx/sites/ 
default/files/listas/documento_dos/2018-11/AR-601-2018-181112.pdf
     Paz Gómez, Leonor, position paper, INEGI, Mexico City, 26 November 
See https://www.inegi.org.mx/
     Muñoz Ramírez, Gloria, “¿Quién era Samir Flores, el defensor nahua 
de Amilcingo, opositor a la termoeléctrica de Morelos asesinado hoy? 
Aquí su perfil,” in Desinformémonos, 20 February 2019, available at: 
https://org/quien-era-samir-flores-el-defensor-nahua-de-amilcingo-opositor-a-la-termoelectrica-de-morelos-asesinado-hoy-aqui-su- 
perfil/
     Segundo Encuentro de Mujeres que Luchan del EZLN recibió alrededor 
de 4,000 mujeres de distintos países,” in Infobae, 28 December 2019, 
available at: 
https://www.infobae.com/america/mexico/2019/12/28/segundo-encuentro- 
de-mujeres-que-luchan-del-ezln-recibio-al-rededor-de-4000-mujeres-de- 
distintos-paises/

José del Val, Director of the University Program for Studies of Cultural 
Diversity and Interculturality (PUIC-UNAM); Juan Mario Pérez Martínez, 
Technical Secretary of PUIC-UNAM; Carolina Sánchez García, Academic 
Secretariat of PUIC-UNAM; Elia Avendaño Villafuerte, Indigenous Peoples 
and Blacks Rights Area of PUIC-UNAM.