Abstract

Free, Prior and Informed Consent (FPIC) - Consultation has become one of the most powerful tools indigenous people and minorities have to generate a dialogue and begin a negotiation in the country to face Government decisions, private companies seeking to carry out any work or when legislative measures are about to be implemented on their territories with a possibility of damaging them. In Mexico, this right is based over a group of not articulated among themselves normative foundations. This end up causing confusion and uncertainty on its application. This article presents elements to review the FPIC - Consultation foundations in Mexico for discussion and theoretical deepening in the light of human rights.

Highlights

  • The Free, Prior and Informed Consent or (FPIC – consultation) has become one of the most powerful tools to generate a dialogue and set up a negotiation with indigenous and tribal groups in Mexico

  • One of the most powerful guidelines to of the FPIC in Mexico, was the 27/2016 recommendation issued by the National Commission for Humans Rights of Mexico (NCHR)

  • This recommendation is addressed to the Federal Executive power to write a law on this right, as well as to the Congress of the Union to study, discuss and vote it, as well as secure the participation of the indigenous peoples and communities through FPIC consultations

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Summary

INTRODUCTION

The Free, Prior and Informed Consent or (FPIC – consultation) has become one of the most powerful tools to generate a dialogue and set up a negotiation with indigenous and tribal groups in Mexico. This recommendation is addressed to the Federal Executive power to write a law on this right, as well as to the Congress of the Union to study, discuss and vote it, as well as secure the participation of the indigenous peoples and communities through FPIC consultations. This recommends State Governors, the head of the Government of the city of Mexico and its local congresses, to do the same locally. JOSÉ ISRAEL HERRERA different international pressures as well as the social urgency derived from rising in arms of the Zapatista Army of National Liberation, or EZLN first day of entry into force of the free trade agreement with the United States and Canada.

WHAT IS THE RIGHT TO PRIOR CONSENT OR FPIC - CONSULTATION?
THE BASIC LEGAL FOUNDATIONS OF THE RIGHT TO FPIC CONSULTATION
THE MEXICAN SUPREME COURT OF JUSTICE
THE ENERGY REFORM AND THE FPIC CONSULTATION
THE CHERÁN CASE
VIII. ON WHICH FPIC CONSULTATION IS USED
CONSULTATION RULES IN MEXICAN STATES ON FPIC
HOLDERS OF THE FPIC RIGHT CONSULTATION IN MEXICO
WHEN TO USE THE FPIC IN MEXICO?
CONCLUSIONS
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