Does Mexico Have Anything to Feel Proud of?

Alberto M. Vázquez who has duly exercised his/mi right of self-proclamation as Indigenous in terms of the Applicable legal provisions.

While Mexico is a beautiful country, not only because of the many things that are already well-known. Most people in Mexico are hardworking, we open our hearts and our home. Whatever we have, Mexicans share.

Curiously, we can find these characteristics in rural Mexico, even despite the lack of opportunities, the difficulties people have in finding serious work and all the social security and other benefits the government shows off.

After more than 30 years in the development of social and community relationships for a couple industries, especially mining, it is clear to me that not only have mining projects been an important key in the development of Mexico, but  often, they are the only option to ensure  thousands of Mexicans have certainty in their jobs, a dignified salary and a better way of life.

Yes, the industry accepts that just as with any human activity, there will be an impact on the area where an exploitation mining project will be developed. The relevance of this comment is that the mining industry has never denied the impact it may cause during the exploitation stage; for many years, the industry has tried to explain that at the exploration stage, the impact is no different from any other industry.

A key point is that there is no way that all exploration projects will become a mining unit and start exploitation activities. That is a huge difference.

I bring this up because after so many years in which mining concessionaires have been facing strong attacks from those claiming to uphold environmental, social, human and Indigenous rRights and while, sadly, the Federal Congress has approved demagogic (from my professional and human experience) changes to the Mining Law (among other Laws involving the Mining Industry); the respective Decree was published in the Official Gazette on May 8, 2023 already in effect and people not involved in the industry must know that these changes also derive in dramatic changes that affect communities.

Prior to the amendments, , any concessionaire, even at an early stage,  had comply with these basic obligations:

• Negotiate access to the surface land where the concession is located and where exploration work would be carried out.

• Pay mining taxes upon the granting of the concessions to the fFederal government.

• Incur exploration investments (at least minimum investments that were established by law in such stage) in order to determine the potential of a concession from a mining point of view.

• No mining concessionaire could start exploration work without the respective environmental permit, authorization or notice.

• If surface lands belong to ejidos, agrarian communities or even Indigenous communities, besides the compensation agreed for the occupation of the lands, concessionaires also created jobs and start to participate in the common life of the respective community.

In fact, the mining industry is considered to be the most regulated industry in Mexico.

During the tenure of the current  federal administration, the government has proudly announced that no mining concessions have been granted, closing the door as a result to investors and communities to create new alliances, develop new and better relationships, losing money from taxes (a lot) and also creating the necessity for people from rural areas to migrate to other places, dividing families where mining may be the only alternative for these families to remain together.

What is more concerning is the fact that the lack of issuance of concession titles, again from my professional perspective, derived from President Andrés Manuel López Obrador’s instruction, which had been followed by federal governmental officials who, in theory, have the obligation to Mexico to apply the law and answer applications in an affirmative way if and when all the requirements established in the respective law are complied with.

So, should we feel proud as a country, which also has international commercial treaties, whenever our federal governmental officials failed to comply with their obligations and simply follow instructions that have no legal or scientific basis?

No, in any country claiming to have rule of law (just as it should be in Mexico), the law must be above everyone and applied respectfully and honestly.

During all these years in which mining concessions have not been granted, Mexico has been breaching international treaties, which may have a strong and negative economic impact on  all of us.

Amendments approved to the Mining Law will cause more damage,not only to investors (which by the way, have alternatives for reclamation against Mexico) but also  to the development of the industry and life in rural communities, where  people will have to continue to migrate to find job alternatives.

It would have been nice if the federal Congress had at least read the approved amendments and discussed all the different negative impacts these amendments will have; there is nothing wrong in not being an expert in a specific area, the problem is ignoring  the experts and approving laws whose  only purpose is to gain votes.

The division of power in Mexico is a must and this article has no political interest. I do not intend to influence one specific person. My purpose is simply to express that the first people who have the obligation to actually observe and follow the law are those who hold any public office or mandate, especially if people voted to be represented by them.

Their loyalty should be to Mexico and not to one person.