Ixtacamaxtitlán, Puebla — The Nahua community of Tecoltem has won a suit filed against the Ministry of Economy “for having approved two mining concessions on its territory without consultation or consent.”
The announcement was made by el Centro de Análisis e Investigación Fundar y el Consejo Tiyat Tlali.
The second district court in the area of handed down the judgment in favor of the indigenous community of Tecoltem against the two mining concessions granted in its territory to the Canadian company Almaden Minerals.
The judgement noted “considering that the right of the population to consultation and prior, free and informed consent was violated.”
The lawsuit was also filed against the Congress of the Union and the Presidency of the Republic for acts of previous legislatures and the governments headed by the PAN Vicente Fox Quesada and Felipe Calderón Hinojosa, under various articles of the Mining Law “whose content is contrary to the rights of indigenous peoples and ejidos recognized in international treaties and in the Constitution.”
This resolution recognizes “not only the violation of the right to consultation, but also prior, free and informed consent,” and determined that the mining concessions granted to the Canadian Almaden Minerals are illegal.
The ruling instructs the Ministry of Economy to declare them as unsubsidized concessions and give the company a new response to its request for licenses.