Francisco López Bárcenas
La Coperacha
For the AMLO government, the indigenous communities have already authorized the Interoceanic Corridor, which is now published in the National Development Plan.
Mexico City July 26, 2019
The Federal Government has published the National
Development Plan in the Official Gazette of the Federation which states that
the indigenous communities have already been consulted and accepted the
“Interoceanic Multimodal Corridor”.
The document states that the consultations were held “in
accordance with constitutional articles 1 and 133, article 6 of the
International Labor Organization Convention and articles 19 and 32 of the
United Nations Declaration on the Rights of Indigenous Peoples "
Interviewed in this regard, the indigenous law expert
Francisco López Bárcenas said that:
"the government has trivialized the right to consultation."
For the researcher of Mixtec origin, "the consultations
made by the government serve to legitimize a decision already made previously, which is
serious in a government that is talking about respecting the rights of
indigenous peoples."
With this, he added, "the federal government is sending
a message to the people, it is saying that it will not respect their
rights," as Huexca saw, "the message is very serious," he
reiterated.
Given this, Bárcenas proposed three scenarios:
"It is likely that the communication channels that the
government should have with the Indigenous Peoples are being closed and that is
very unfortunate because we are going to have a lot of violence." In
addition, the judiciary will be tested to see if the rule of law will be respected and
if it has the will to restore violated rights.
The scenario with the people, the journalist and writer also
said, is a strategic legal defense supported with popular blockades and mass mobilizations.
"If the judges act impartially and apply the law as is required, the government will be forced to accountability. The government of AMLO will have to reveal the scheme of the consultations and annul them as violations of the right of Free, Prior, and Informed Consent."
"If the judges act impartially and apply the law as is required, the government will be forced to accountability. The government of AMLO will have to reveal the scheme of the consultations and annul them as violations of the right of Free, Prior, and Informed Consent."
López Bárcenas identified some of the violations of
international standards presented by the AMLO indigenous consultations,
including carrying them out in one day, when the standards pose a minimum time frame
of three to six months, "it must be a process, a dialogue."
Instead the AMLO government called an assembly, presented
information to the people, collected some demands and then took that event as a
formal consultation, López Bárcenas described.
"Here we already have a published National Development Plan that says that the project is going to be built, and that consultations with the Indigenous Peoples have occurred, but we haven’t even seen the project plans," he said.
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