MEXICO Law and Practice Contributed by: Fernando Todd, Jorge Garcia, Silvia Alanis and Ana Lilia Solano, Todd
• The consultation will be carried out under the direction of the Ministry. • The consultation must adhere to the princi - ples of being prior, free, informed, adequate, and conducted in good faith, and be simulta - neous and supplementary to that required for obtaining the environmental impact state - ment, which must include information on the social impact study; however, said study will only be submitted after the mining conces - sion bid has been awarded. • The cost will be covered in advance by the applicant for the mining concession. The mining company should collaborate by pro - viding detailed information about the project, participating in the identification of possible impacts and seeking agreements with the com - munities. Additionally, the new legal framework priori - ties 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 com - promise water availability, quality, or equitable access for communities. 2.5 Impact of Specially Protected Communities on Mining Projects In Mexico, there are specially protected com - munities such as indigenous and Afro-Mexican people or communities. Article 2, paragraph B, of the Mexican Constitu - tion establishes the specific rights of indigenous peoples, including the right to self-determina - tion, the right to consultation and participation, the right to maintain and develop their forms of social organisation, and the right to land and ter - ritory.
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 prop - erty. 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 concession title in the case of lots located in the territories of indigenous or Afro- Mexican peoples or communities. 2.6 Community Development Agreement for Mining Projects The Mexican Constitution, international con - ventions and specific laws are mandatory in our country. As a result, mining companies must comply with these legal frameworks, particu - larly 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 communi - ties affected by mining projects. Through these consultations, communities can voice their con - cerns 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 programmes, among others.
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