The commitment not to give more mining concessions is insufficient, say activists

Cesar Arellano Garcia

Newspaper La Jornada
Tuesday December 6, 2022, p. 3

Organizations that make up the Cambiémosla collective have already called on legislators to modify, urgently, the mining law, as it leads to the repeated violation of human rights of individuals and collective rights of communities and peoples, as well as the destruction of the environment.

In conference, Beatriz Olivera, from Engenera; Jorge Peláez, from the Berta Cáceres Environmental Justice Clinic; Maira Olivo, from Fundar, and Cecilia Navarro, from said group, pointed out that currently the concessions granted under this law have a duration of 50 years, extendable to another 50.

In addition, they said, they are used interchangeably for exploration and exploitation and give preferential access to water and land, regardless of whether the territories belong to communities or ejidos and the activities that are carried out.

It is clear that the current mining law is one of the most abusive and lax in the world, legalizes the dispossession of territories and natural assets of peoples and communities, favoring the interests of mining concessionaires and causes the systematic violation of rights. For all these reasons, it is essential that it be modified.

They indicated that the concessioned territory is equivalent to some 18 million hectares – the size of Chihuahua – but the information is not transparent. “Currently there are around 25,000 concessions, according to what is published on the open data page, which is a 2017 base, that is the most up-to-date we have, plus the CartoMinMex system, which does not allow you to download anything from information.

We are not just talking about foreign capital, there is also significant Mexican capital, such as Grupo México. In addition, there are Australian, Chinese, and Chilean capitals, among others.. They explained that sometimes a small group or a private actor applies for the concession and can do whatever they want with it, including later selling it to larger companies.

They added that the announcement made by President Andrés Manuel López Obrador not to grant more concessions is not enough. There are a large number that will continue to operate, which is why their commitment is sustained with pins. It is a rhetorical commitment that, if it is not changed with a law, will be forgotten in the next or subsequent governments.

They pointed out that it is essential that legislators approve the proposed modifications, since they are based on the obligations that the Mexican State has in terms of human rights and indigenous rights.

The initiatives contemplate withdrawing the preferential and public utility character that mining today has (except for lithium) over any other use of the territory, modifying the prohibition regime, establishing restrictions in protected natural areas, near bodies of water, nuclei population and seismic zones, as well as prohibiting open-pit, underwater, and coal mining, to name a few.