Insurgent law and human rights The defence of the territory and the autonomy of mexican indigenous communities

Abstract

By decree of December 20, 2013, are amended and added Articles 25, 27 and 28 of the Mexican Constitution on energy. Through these constitutional modifications, the door is completely opened to foreign and Mexican private companies to take over the country's natural resources (gas, oil, electricity, water and minerals). These changes to the Constitution are accompanied by new laws and reforms to others, such as the Expropriation Law, Hydrocarbons Law, Mining Law, National Waters Law, Electricity Industry Law, Geothermal Energy Law and others. The delivery of the collective wealth of the Nation to private capital is done under the pretext of the general benefit for the generation of wealth that it supposedly entails, and the legal formulas of "public order" and "public utility" are used; and those same terms serve as the basis for the dispossession of peasant, indigenous and ejidal communities; the energy reform goes against its agricultural and forestry vocation, because of the invasion that will take place in socially owned lands, precisely because of energy exploration and extraction. In the face of this economic, political and juridical offensive of today's capitalism, resistance has multiplied, for the defense of the territory and the material conditions of life, and for autonomy. These rights of the original peoples have been proclaimed and defended in recent years in Mexico, by the peoples and communities themselves, long before the frontal attack on them, as a result of the energy reform. Since the uprising of the Zapatista Army of National Liberation on January 1, 1994, these rights of indigenous peoples have been defended, among other ways, by producing insurgent rights. In order to understand this juridical reality, we must theoretically support it, and this is the proposal of the present work.