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Continuing with the the Mexican Constitution in English. Now with with Article 2.
We have many bi lingual Attorneys and Lawyers as well as Law Firms in the Cabo San Lucas, San Jose del Cabo and Los Cabos area of our state of Baja Califrnia Sur have shown a lot of interest in seeing what is written in English as well as in Spanish.
Article 2. The Mexican Nation is one and indivisible.
The nation has a multicultural composition, originally sustained on its indigenous peoples, who are those regarded as indigenous on account of
their descent from the populations that originally inhabited
the Country´s current territory at the time of colonization, who retain some or
all of their own social, economic, cultural and political institutions.
The fundamental criteria to determine to whom the provisions
on indigenous people apply shall be the self-identification of their indigenous
identity.
Those communities which constitute a cultural, economic and
social unit settled in a territory, that recognize their own authorities
according to their uses and customs are the ones that comprise an indigenous
folk.
The indigenous people´s right to self-determination shall be
exercised within a framework of constitutional autonomy safeguarding national
unity. The constitutions and laws of the
Federal District and of the States shall recognize indigenous peoples and communities
and shall also include the general principles established in the previous paragraphs
of this Article, as well as ethnic-linguistics and land settlement criteria.
A.
This Constitution recognizes and protects the
right to self-determination of indigenous peoples and communities and,
consequently, their right to autonomy, so that they may:
I.
Decide the ways of their community life as well
as their social, economic, political and cultural organization.
II.
Enforce their own legal systems to regulate and
solve internal conflicts, subject to the general principles of this
Constitution, respecting constitutional rights, and in a relevant manner, the
dignity and integrity of women. The Law
shall establish the cases and validation procedures by the corresponding judges
or courts.
III.
Elect, in accordance with their traditional
rules, procedures and practices, their authorities or representatives to exercise
their form of internal government, guaranteeing the participation of women
under equitable condition’s before men, respecting the Federal Union Pact and
the States ´sovereignty.
IV.
Preserve and promote their languages, knowledge
and all of those elements that constitute their culture and identity.
V.
Maintain and improve their habitat and preserve
the integrity of their lands as provided in this Constitution.
VI.
Attain preferential use and enjoyment of any
natural resources located in the sites inhabited and occupied by the
communities, save for the ones pertaining to strategic areas as provided in
this Constitution. The foregoing rights
shall be exercised respecting the nature and classes of land ownership and land
tenure set forth in this Constitution and the laws on the matter, as well as
the rights acquired by third parties or by members of the community. To achieve goals, communities may constitute
partnerships under the terms established by the Law.
VII.
Elect representatives before town councils in
those municipalities with indigenous population, to, the constitutions and laws
of the Federal District and the States shall recognize and regulate these
rights in Municipalities, with the purpose of strengthening their participation
and political representation in accordance with their traditions and standards.
VIII.
To have full access to State jurisdiction. To protect this right, in all trials and
procedures to which they are party, individually or collectively, the
particularities of their customs and culture must be taken into account,
respecting the provisions of this Constitution.
Indigenous peoples have at all the times the right to be assisted by
interpreters and counselors who are familiar with their language and culture.
The constitutions and laws of the
Federal District and the States shall determine those elements of self-determination
and autonomy that may best express the conditions and aspirations of indigenous
peoples in each State, as well as the provisions for the recognition of
indigenous communities as entities of public interest.
B.
In order to promote equal opportunities for
indigenous peoples and to eliminate any discriminatory practices, the
Federation, the Federal District, the States and the Municipalities, shall
establish the institutions and shall determine the policies, needed to
guarantee full force and effect of indigenous peoples’ rights and the
comprehensive development of their towns and communities. Such policies shall be designed and operated
jointly with them. In order to decrease
the needs and lags affecting indigenous towns and communities, authorities are
obliged to:
I.
Promote regional development in Indigenous areas
with the purpose of strengthening local economies and improving the quality of
life of their peoples, through coordinated actions among the three levels of
government with the participation of the communities. Municipal authorities shall equitably
determine the budget allocations that indigenous communities shall directly administer
for specific goals.
II.
Guarantee and increase educational levels,
favoring bilingual and cross-cultural education, literacy, the conclusion of
elementary education by students, technical training and medium and higher
education. To establish a scholarship
system for indigenous students at all levels.
To define and develop educational programs of regional content which
recognize the cultural heritage of their peoples in accordance with the laws on
the matter and consulting it with indigenous communities. To promote respect for and knowledge of, the
diverse cultures of the Nation.
III.
Assure effective access to health services by
increasing the coverage of the national system of health, but benefiting from
traditional medicine, and also support better nutrition medicine, and also to
support better nutrition for indigenous peoples through food programs, especially
for childre
IV. Improve indigenous communities´ living
conditions and their spaces for socializing and recreation through actions
facilitating access to public and private financing for housing construction
and improvements, and also to extend the coverage of basic social services.
V.
Foster the incorporation of indigenous women to
development by supporting productive projects, protecting their health,
granting initiatives to privilege their education and their participation in
decision making processes regarding community life.
VI.
Extend the communication network enabling the
integration of communities, by construction and expanding transportation route
and telecommunication means. To develop
the conditions required so that indigenous peoples and communities may acquire,
operate and manage means of communication, in accordance with the terms set
forth by the laws on this matter.
VII.
Support productive activities and sustainable development
of indigenous communities through actions aimed at, allowing them to attain
economic self-reliance, applying incentives for public and private investments
which foster the creation of jobs, incorporating technology to increase their
own productive capacity, and also insuring equitable access to supply and
marketing systems.
VIII.
Establish social policies to protect indigenous
migrants in Mexican territory, as well as in foreign countries, through actions
designed to guarantee the labor rights of farm workers, to improve health conditions
of women, support children and youth of migrant families with special educational
and food programs; to ensure that indigenous peoples’ human rights are respected
and promote their cultures.
IX.
Consult indigenous peoples when preparing the National
Development Plan and the States and Municipalities plans, and if appropriate,
to incorporate their recommendations and proposals. To guarantee compliance with the obligations
set forth herein, the House of Deputies of the Congress of the Union, the
Federal District and the Stat Legislatures and Municipal councils, within the
scope of their respective jurisdictions, shall establish specific items
allotted to the fulfillment of these obligations in the expenditure budgets
they shall approve, as well as the procedures enabling communities to
participate in the exercise and supervision thereof. Notwithstanding the rights herein set forth
to the benefit of indigenous individuals, their communities and peoples, any
community equated to them shall have, as applicable, the same rights as the
indigenous peoples, as provided by the Law.
