martes, 18 de junio de 2013

Law and the Mexican Constitution/Ley y la Constitucion de la Republica Mexicana

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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.

 

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