MEXICO Law and Practice Contributed by: Fernando Todd, Mariana Todd, Jorge Garcia and Silvia Alanis, Todd
operations do not compromise water availability, qual - ity, or equitable access for communities. 2.4 Prior and Informed Consultation on Mining Projects A prior and informed consultation is mandatory in Mexico. Article 6° of the Mining Law contemplates the obligation to carry out a prior, free and informed consultation process with indigenous and Afro-Mex - ican people or communities in the area of the mining concessions. Some considerations of the consulta - tion are: • the consultation will be carried out under the direc - tion of the Ministry. • it must adhere to the principles of being prior, free, informed, adequate, and conducted in good faith, and be simultaneous and supplementary to that required for obtaining the environmental impact statement, which must include information on the social impact study; however, said study will only be submitted after the mining concession bid has been awarded; and • the cost will be covered in advance by the appli - cant for the mining concession. The mining company should collaborate by providing detailed information about the project, participating in the identification of possible impacts and seeking agreements with the communities. Additionally, the new legal framework priorities the protection and sustainable use of water resources in mining activities. Concessions and permits are now subject to stricter conditions to ensure that mining operations do not compromise water availability, qual - In Mexico, there are specially protected communities such as indigenous and Afro-Mexican people or com - munities. Article 2, paragraph B, of the Mexican Constitution establishes the specific rights of indigenous peoples, including the right to self-determination, the right to consultation and participation, the right to maintain ity, or equitable access for communities. 2.5 Impact of Specially Protected Communities on Mining Projects
and develop their forms of social organisation, and the right to land and territory. There is also a General Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities, the purpose of which is to protect, safeguard, and develop cultural heritage and collective intellectual property. Particularly, in mining matters, Article 6 of the Mining Law contemplates the obligation to carry out a prior, free, informed, culturally appropriate, and good-faith consultation prior to the granting of the mining con - cession title in the case of lots located in the territories of indigenous or Afro-Mexican peoples or communi - ties. 2.6 Community Development Agreement for Mining Projects The Mexican Constitution, international conventions and specific laws are mandatory in our country. As a result, mining companies must comply with these legal frameworks, particularly by respecting the rights of indigenous and Afro-Mexican peoples. This includes conducting citizen consultations before a mining concession is granted. The implementation of community consultations facilitates engagement and the establishment of agreements with communities affected by mining projects. Through these consul - tations, communities can voice their concerns and negotiate conditions they deem fair for the project’s development. Particularly in Mexico, many mining companies enter into community development agreements as part of their corporate social responsibility activities and to gain the support of communities affected by mining projects. These agreements can address a variety of issues, including local employment, infrastructure, social services, educational and environmental pro - grammes, among others. According to Article 13 of the mining law, the recipient of a new concession in an area with existing indig - enous or Afro-Mexican peoples or communities must sign an agreement to obtain the land use permit as well as to pay a consideration of at least 5% of the profits from the mining activity to the affected com -
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