The Supreme Court of Justice of the Nation (SCJN) of Mexico is currently examining a challenge brought by the Masewal people of Cuetzalan based in the Sierra Norte of the Mexican state of Puebla, who filed a constitutional action against Mexico’s Federal Mining Law.
A central question in the case is whether the Federal Mining Law is unconstitutional because it should have followed a consultation process with indigenous peoples prior to its being issued. The Masewal request that the SCJN declare the law unconstitutional because it violates indigenous peoples’ fundamental rights. The Masewal peoples are advised by the Mexican Centre for Environmental Law (CEMDA).
Monica Feria-Tinta is acting as Amicus Curiae, as expert on international law, including on the Right to Consultation under international law in the context of extractive activities. Her brief was filed early this week.
The decision by the SCJN in the case is likely to have a major impact on the extractive sector and on the legislation regulating mining law in Mexico.