In 2018 - Protecting the Rights of Indigenous Peoples

Topic: Protecting the Rights of Indigenous Peoples
Country: Mexico
Delegate Name: Taegan Long
School: Forest Hills Eastern High School

Topic page: background guide and all position papers All Mexico position papers GLIMUN 2018 committees

Indigenous people are arguably among the most disadvantaged and vulnerable groups of people in the world. Indigenous people have sought recognition for their way of life and culture and protection of their traditional land, but governments have taken active roles in repressing Indigenous Peoples’ rights. There are approximately 370 million Indigenous people in over 90 countries, with 5% of the global population made up of Indigenous people, and 15% of them living in extreme poverty. It is estimated that 65% of the world’s land is under indigenous customary ownership, yet many governments recognize only a fraction of this land as formally or legally belonging to Indigenous Peoples. Mexico has one of the largest Indigenous populations in Latin America; its indigenous population is 12.7 million people, which represents 13% of the national population. Although the country has recognized the existence of and contributions made by indigenous peoples in the construction of the country, it was only with the 1992 Constitution that the nation was deemed pluricultural. The issue of Indigenous Peoples’ rights has come to light recently following the release of the report by the Special Rapporteur on the rights of indigenous peoples released in September of 2018.

As a country with a large indigenous population, Mexico understands the importance of protecting the rights of indigenous people. The Mexican Constitution grants the indigenous people self-determination and autonomy. Self-determination allows them the right to education and infrastructure. Autonomy allows them the right to participate in economic, political, cultural, and legal decision-making associated with the state. This change to the constitution followed the Zapatista uprising, where the indigenous people of Mexico declared war of the Mexican government and demanded work, housing, food, health, education, independence, liberty, democracy, justice, and peace. With the signing of the San Andres Peace Accords, an agreement between the indigenous Zapatistas and the Mexican government, peace was being made as the government responded to the demand for indigenous rights and culture. The issue in Mexico falls on the states, where their state constitutions allow them to establish new legislation that can limit the rights of the indigenous people. As a consequence, the protection of indigenous people’s rights varies greatly from state to state. While some states have established a wide range of policies aiming at the promotion of indigenous peoples’ rights, others have not developed an institutional framework. Working with increased political support for the implementation of the Declaration on the Rights of Indigenous Peoples is a matter of central concern for Mexico. However, trouble arises because the indigenous people do know about the declaration, and do not understand the impact the declaration will have on them. To ensure the participation and inclusion of indigenous peoples in the public policies of the government, the National Commission for the Development of Indigenous Peoples had an advisory board comprised 140 counselors representing the indigenous peoples of Mexico. Mexico also supported the extension of the mandate of the Voluntary Fund of the United Nations for indigenous peoples, which would provide financial assistance to indigenous representatives so that they can participate in UN conferences.

Mexico urges countries to implement, not proclaim, the UN Declaration on the Rights of Indigenous Peoples to further advance the protection of indigenous people. While in Mexico, there are still violations of indigenous liberties and rights, the government is working to ensure that the rights of indigenous peoples are enforced throughout the country, especially in regions with conflict. The Mexican government has also called upon its states to address the social gaps that separate the indigenous from the people, in an attempt of national development. Mexico also recommends Infrastructure Programs, such as the ones we have developed to provide communities with drainage, electricity, clean water, shelter, and other basic services. The Mexican government has also issued birth certificates to indigenous children that had no legal identity. The issue of birth certificates helps legally identify citizens that would otherwise remain invisible to society and the government because they lack documentation that identifies them as Mexican. The government hopes this will allow indigenous people to enforce their rights as citizens. In order to protect the rights of indigenous people, the government must protect their citizens, and in order to do so, the indigenous people must become more interwoven into society.