In spite of the sanitary contingency caused by the COVID-19 pandemic, our efforts in defense of the environment have not stopped. The following are some of the most important activities done in the month of May.

Indigenous communities call on the Supreme Court to declare the Mining Law unconstitutional

On May 13th the Second Chamber of the Supreme Court withdrew the draft of its decision on the Amparo legal action under review number 928/2019, relative to the Mining Law and indigenous communities’ rights, that was to be voted on. We perceived this as a positive sign that could allow for the Maseual community’s worries to be heard.
On May 26th a Virtual forum which addressed damages to the rights of indigenous populations caused by mining was summoned by the Maseual Altepetajpianij Council, The Mexican Center of Environmental Law (CEMDA) and the Iberoamerican University (UIA). In the forum was concluded that the Mining Law violates indigenous communities’ rights, and so, the Supreme Court, through its Second Chamber, has the historical opportunity to declare it unconsitutional as well as to recognize the indigenous communities’ right to self determination over their territory, particularly over developments that affect them. During this event, members of several communities declared that the Mining Law was not previously and freely consulted and that it was enacted without their consent.

Several specialists and academics that took part in the Forum concluded that the Supreme Court plays a fundamental rol in the democratic rule of law, and due to this, they called for their decision not to avoid substantive discussion and not to remain in formalist arguments, given that the cultural and biological diversity of the Nation is at stake.

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Publicado por Centro Mexicano Derecho Ambiental – CEMDA en Martes, 26 de mayo de 2020


AMLO’s energy policies accelerate climate change as he stops renewable energies

During a video conference with Jorge Villarreal from Mexico’s Climate Initiative (ICM), Stephan Brodziak from The Power of The Consumer, and Anaid Velasco, Investigation Manager at CEMDA, it was warned that the policy on electricity generation published on Friday, May 15 by the Ministry of Energy (Sener) accelerates climate change. Moreover, it goes against the national and international commitments assumed by Mexico in reducing greenhouse effect gas emissionst and it also closes the way to renewable energy, opting as an alternative the unacceptable burning of fuel oil to generate electricity.

Anaid Velasco warned that the policy published on Friday “suffers from violations of form and substance. On the one hand, it violates the regulatory improvement procedure as its publication ignores the right of social participation that should be done by law in these instances. On the other hand, it transgresses important human rights; among them the rights to a healthy environment, as the use of fossil fuels it increases the environment’s deterioration which endangers people’s lives aside from failing to accomplish the international foals of climate change”. Pablo Ramírez, Energy and Climate Change specialist from Greenpeace Mexico, warned that the National Electrial System’s Reliability, Security, Continuity and Quality Policy, released on May 15th on the evening issue of the Federation’s Official Diary, brings great environmental risks.

It is important to point out that our country took on the international commitment -which later became law- of generating 35% of its electrical energy from renewable sources by 2024. The recently published policy causes that this goal becomes impossible to achieve, for it prioritizes the use of fossil fuels instead of renewable sources when it comes to energy generation under the pretext that the latter are unstable.

The current government’s climatic policy has severe implications in several aspects. In terms of the environment, we can be certain that Mexico will not be able to achieve the environmental goals of reaching zero emotions by 2050. Moreover, burning fuel oil, as it has been proposed, will have serious impact in the population’s health. The people most affected by this will be those populations living near thermoelectric plants along with those living in the Metropolitan Zones of Mexico City.

Last but not least are the economical implications, given that generating electricity with fuel oil is far more expensive than eolic or photovoltaic energies. The increase in costs will have the foreseeable consequence of an increase in electricity rates or taxes, without mentioning cuts in priority areas such as health and education.

Organizations ask that the Public Trust of the Veracruz Environmental Fund be maintained

Several groups and environmental organizations from Veracruz demand to the state governor, to the holders of the Ministry of Finance and Planning and of the Ministry of the Environment, that the Public Trust of the Veracruz Environmental Fund (FAV) remains and be given continuity. The petition was given in response to the Decree that Orders the Extinction or Termination of Public Trusts, Public Mandates and the Like, which establishes that all public trust funds without structure and of parastatal nature be deemed as concluded. In the Decree, every trust that meet with activities of public interest is to be excepted. The organizations sent a letter to the corresponding authorities in order to explain the details of why the Veracruzan Environmental Fund meets the requisites to be excepted, for it counts with an organic structure which executes activities of public interest for the state.
The fund has been consolidated as a financial instrument that administers resources in order for environmental statal obligations to be completed. The projects which the Veracruzan Environmenatl Fund has supported contribute to boost the wellbeing, which in turn boosts the Federal Government. It also contributes to the creation of more employment; it strengthens the internal marke, sustainable agriculture and education. They are fundamental projects that preserve natural resources and Veracruz’ ecosystems.