To the National and International Community,
To Human Rights Oranizations Around the World,
To the National and International Press,
Yesterday, by unanimous vote in the general assembly, the Municipality of Nicola's Ruiz rejected The Indigenous Law recently approved by the state congresses and joined the representation to the International Labour Organization that is being prepared by the Chiapas Community Defenders Network. In addition to addressing the violations of international law implicit in the new indigenous law, this representation will also deal with violations by the Mexican government of the rights of the people of Nicola's Ruiz recognized in Convention 169 On Indigenous and Tribal Peoples in Independent Countries.
In the last few years, the municipality of Nicola's Ruiz has been the victim of attempts by the state and federal governments to partition their communal lands for the benefit of the PRIista inhabitants of the municipality. These attempts are against the internal decisions of the Communal Land assembly, decisions which are supposed to be protected by Article 27, section 7 of the Political Constitution of the United States of Mexico. Moreover, the actions by the governments are violations of Convention 169, Articles 5, 8, 13, and 17 relating to indigenous lands and institutions. In addition, the insufficient demarcation and respect for the communal lands of Nicola's Ruiz also signify violations of the rights of indigenous people in international law.
To confront these violations, the people of Nicola's Ruiz, through their general assembly, decided to take part in the representation that the Chiapas Community Defenders Network is preparing to present to the ILO. In addition to presenting their case in front of the ILO, the people of Nicola's Ruiz are also joining with other indigenous peoples from the seven regions which belong to the Chiapas Community Defenders Network to reject the Constitutional Reforms on Indigenous Rights and Culture. In support of this representation, the assembly of Nicola's Ruiz unanimously consented to the following document and is carrying out three consecutive signature days to give all of the men and women of the municipality an opportunity to express their rejection of the Indigenous Law and their support of the representation that the people of Nicola's Ruiz will present through the Community Defenders Network:
We, as members of indigenous peoples from regions pertaining to the Chiapas Community Defenders Network, completely reject the Constitutional Reforms on Indigenous Rights and Culture which were recently approved by the Senate and the National Congress for the following reasons:
1. The new Law subordinates free determination and autonomy of indigenous peoples to the unilateral decisions and laws of the state congresses. This is contrary to the nature of the rights to free determination and autonomy; thus, this law is not a guarantee of these rights, rather it is an assault on them.
2. The designation of our communities as "entities of public interest" instead of recognizing them as "entities of public right" is an attempt to limit our actions in order to make impossible the reconstruction of our peoples and to continue a relationship with the state based on inequality and paternalism.
3. The Reforms do not respect our collective forms of land tenancy nor the use of our natural resources. This means that we remain vulnerable to neoliberal policies and the loss of our lands that the changes to Article 27 of the Constitution made possible.
4. For the above reasons, the Reforms correspond to neither the intent nor the spirit of the COCOPA law, nor were the peoples affected properly consulted. In addition, the Reforms propose that the state continue its unilateral relationship toward indigenous peoples in place of one based on consultation and authentic dialogue.
For these reasons, we reject the Constitutional Reforms on Indigenous Rights and Culture and demand that the government truly respect our rights, implement the COCOPA law and comply with its international legal obligations arising from Convention 169 of the International Labour Organization on Indigenous and Tribal Peoples.
********************************************** ********************************************** ENLACE CIVIL, A. C. 20 de Noviembre no. 36 Barrio de Mexicanos C.P. 29240 San Cristobal de las Casas, Chiapas tele'fono: (967) 82104 tel/fax: (967) 88465 enlacecivil@laneta.apc.org Http://www.enlacecivil.org.mx __________________________________________