Maseual Community Rejects Mining Concessions Consultation

An Indigenous community in Puebla rejected to be consulted about three mining concessions that would have been developed on their land. The inhabitants argued that the mining projects could interfere with their uses and customs. Some experts consider this decision to be a precedent of what the mining industry can expect in the coming years. 

The Maseual community reiterated its rejection of the consultation process regarding the Ferrominero group’s Atexcaco I and Atexcaco II mining concessions and Minas Santa Martha’s Macuilquila concession, which were expected to restart their operations in the area. The community has previously expressed its rejection of the mining projects in an assembly on June 26, 2022. 

Representatives of the Maseual community from the Autonomous University of Puebla, including Leticia Vázquez, Representative, the Maseual Altepetajpianij Council, and Francisco Martínez, Director, Mexican Center of Environmental Law (CEMDA) are worried because of the consultations aiming to restart operations on the community’s land, which were ordered by Puebla’s Fifth District Court after a local court deferred the case.

Martínez highlighted the importance to have the approval of indigenous communities for any type of mining project. He said that since the community rejected the consultation, both companies and courts must respect their decision. “The Maseual people decided not to grant their consent for the development of mining activities on their land since it is sacred,” Martínez said. 

The Maseual community filed a formal complaint at the Fifth Court, asking for the cancellation of the mining concessions and that the courts respect their decision of not wanting to be consulted. CEMDA considers it a precedent of what the mining industry would become in the future since, according to the center, it could open the door for reform in the Mining Law in order to better consider the potential damages to Indigenous rights regarding land, a healthy environment and water.

In Mexico and elsewhere, mining companies are prioritizing ESG policies, which are a reinforcement of the good practices operators had been implementing for years, said Miguel Romero, Lawyer, CGC Tax to MBN, adding that as a consequence, the approach to Indigenous communities has gained more relevance. Companies want to avoid losing their project later down the line due to lacking support, so they invest time and resources in building trust with locals by carrying out appropriate consultations, as well as via developing programs to restore land, build infrastructure and boost education.