MEXICO Law and Practice Contributed by: Fernando Todd, Jorge Garcia, Silvia Alanis and Ana Lilia Solano, Todd
their territories. Furthermore, in many regions, illegal mining has deep connections with organ - ised crime, intensifying violence and insecurity in nearby communities and exacerbating social instability. In response to these challenges, the Mexican government has implemented several measures: • In May 2023, significant amendments were made to the Mining Law, National Waters Law, and related environmental legislation to tighten regulations in the mining industry. These reforms aim to enhance environmental protection and ensure sustainable resource management. • A bill to ban open-pit mining and hydraulic fracturing (fracking) has been submitted, reflecting a commitment to mitigating envi - ronmental impacts and addressing commu - nity concerns. • Security operations have been undertaken to combat illegal mining and its links to organ - ised crime. Industry actions: • Formal mining companies are implementing social responsibility programmes to strength - en relations with communities and reduce the attractiveness of illegal mining. • Companies are working alongside govern - ment agencies to report and combat illegal activities. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects With the recent mining reforms, public consulta - tions have made it possible to ensure legal cer - tainty. Consultation must be free, carried out in good faith and in a manner appropriate to the
circumstances. Its purpose is to obtain the con - sent of indigenous and Afro-Mexican peoples and communities, as well as to establish agree - ments between them and the mining companies. As the reform is still recent, the implementa - tion of citizen consultations under the Mining Law in Mexico is in its early stages, with only a limited number of cases currently in pro - gress. By enshrining the right to consultation for indigenous and Afro-Mexican communities in the Mining Law, the aim is to guide the sector towards operations that align with best practices in respecting fundamental rights and promoting sustainable mining.
3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects
Mexico is committed to addressing climate change, and has recently implemented sev - eral reforms, particularly in the mining sector. Reforms were made to the Mining Law on 8 May 2023, and the General Law on Climate Change was also reformed on 15 November 2023. These initiatives seek to address environmental chal - lenges related to greenhouse gas emissions, sustainability, energy efficiency, and the man - agement of natural resources such as water. A new requirement for obtaining a mining con - cession is securing authorisation from the Minis - try of Environment and Natural Resources for the Programme of Restoration, Closure, and Post- Closure of Mines. Moreover, as part of these reforms, the relevant authorities may, if they deem it necessary, request to remove deposits or sites used for the final disposal of deposits, tailings dams, or dross that are located within
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