Ruling of the Supreme Court of Justice of the Nation on the authorization for the construction of an Ammonia plant without prior consultation with indigenous peoples

Abstract

The prior consultation of indigenous communities in Mexico is rooted in international recognition and the national legal framework that seeks to protect and promote these rights. This process is essential to ensure that indigenous communities can actively participate in decisions affecting their lives, territories, and resources. The 169 ILO Convention and the United Nations Declaration on the Rights of Indigenous Peoples establish the right to prior consultation. Mexico ratified the Convention, incorporating it into its legal framework. Nationally, the Mexican Constitution and various laws reinforce this right. Despite these legal advancements, the implementation of prior consultation in Mexico has faced challenges, including procedural ambiguities and resistance from authorities and businesses. The recent SCJN ruling on the Amparo en Revisión 498/2021 case emphasizes the necessity of conducting genuine and effective consultations with indigenous communities from the early stages of any project that may affect them.