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Political Constitution of the United Mexican States

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Political Constitution of the United Mexican States INSTITUTO DE INVESTIGACIONES JURÍDICAS POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES Traducción de María Fernanda Gómez Abán UNIVERSIDAD NACIONAL AUTONOMA DE MEXICO ENERO 2016 The Commanding Officer of the Constitutional Army, Nation’s Chief Executive, has addressed to me the following decree: I, VENUSTIANO CARRANZA, Commanding Officer of the Constitutional Army, Chief Executive of the United Mexican States, inform that: The Constituent Congress, which has met in this city this 1 day of December, 1916, under the call issued on September 19, same year, by the First Head of State, according to that provided by the Article 4 of modifications made on September 14 on the decree issued on December 12, 1914 in Veracruz, and attaching the Plan of Guadalupe proclaimed on March 26, 1913, has issued the following: POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES This Constitution reforms the constitution issued on February 5, 1857. TITLE ONE CHAPTER I Human Rights and Guarantees Article 1 In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself. The provisions relating to human rights shall be interpreted according to this Constitution and the international treaties on the subject, working in favor of the broader protection of people at all times. All authorities, in their areas of competence, are obliged to promote, respect, protect and guarantee Human Rights, in accordance with the principles of universality, interdependence, indivisibility and progressiveness. As a consequence, the State must prevent, investigate, penalize and rectify violations to Human Rights, according to the law. Slavery shall be forbidden in Mexico. Every individual who is considered as a slave at a foreign country shall be freed and protected under the law by just entering the country. Any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited. Article 2 The Mexican Nation is unique and indivisible. The nation is multicultural, based originally on its indigenous peoples, described as descendants of those inhabiting the country before colonization and that preserve their own social, economic, cultural and political institutions, or some of them. Consciousness of indigenous identity will be the fundamental criteria to determine to whom apply the provisions on indigenous people. An indigenous community is defined as the community that constitutes a cultural, economic and social unit settled in a territory and that recognizes its own authorities, according to their customs. Indigenous people’s right to self-determination shall be subjected to the Constitution in order to guarantee national unity. States’ and Federal District’s constitutions and laws must recognize indigenous peoples and communities, 1 taking into account the general principles established in the previous paragraphs, as well as ethnic-linguistic and land settlement criteria. A. This Constitution recognizes and protects the indigenous peoples’ right to self-determination and, consequently, the right to autonomy, so that they can: I. Decide their internal forms of coexistence, as well their social, economic, political and cultural organization. II. Apply their own legal systems to regulate and solve their internal conflicts, subjected to the general principles of this Constitution, respecting the fundamental rights, the human rights and, above all, the dignity and safety of women. The law shall establish the way in which judges and courts will validate the aforementioned regulations. III. Elect, in accordance with their traditional rules, procedures and customs, their authorities or representatives to exercise their own form of internal government, guaranteeing the right to vote and being voted of indigenous women and men under equitable condition; as well as to guarantee the access to public office or elected positions to those citizens that have been elected or designated within a framework that respects the federal pact, the sovereignty of the states and the Mexico City’s autonomy. In no case the communitarian practices shall limit the electoral or political rights of the citizens in the election of their municipal authorities. IV. Preserve and enrich their languages, knowledge and all the elements that constitute their culture and identity. V. Maintain and improve their environment and lands, according to this Constitution. VI. Attain with preferential use of the natural resources of the sites inhabited by their indigenous communities, except for the strategic resources defined by this Constitution. The foregoing rights shall be exercised respecting the forms of property ownership and land possession established in this Constitution and in the laws on the matter as well as respecting third parties’ rights. To achieve these goals, indigenous communities may form partnerships under the terms established by the Law. VII. Elect indigenous representatives for the town council in those municipalities with indigenous population. The constitutions and laws of the federal entities shall recognize and regulate these rights in the municipalities, with the purpose of strengthening indigenous peoples’ participation and political representation, in accordance with their traditions and regulations. VIII. Have full access to State jurisdiction. In order to protect this right, in all trials and proceedings that involve natives, individually or collectively, their customs and cultural practices must be taken into account, respecting the provisions established in this Constitution. Indigenous people have, at all times, the right to be assisted by interpreters and counsels, who are familiar to their language and culture. The constitutions and laws of the States and the Federal District shall establish 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 rules, according to which indigenous communities will be defined as public interest entities. B. In order to promote equal opportunities for indigenous people and to eliminate discriminatory practices, the Federation, the federal entities and the municipalities shall establish the necessary institutions and policies to guarantee indigenous people’s rights and comprehensive development of indigenous communities. Such institutions and policies shall be designed and operated together with them. In order to eliminate the scarcities and backwardness affecting indigenous towns and communities, authorities are obliged to: I. Stimulate regional development in indigenous areas with the purpose of strengthening local economies and improving the quality of life. To achieve this goal, the three levels of government and the indigenous communities must take part in a coordinated manner. Local governments shall equitably determine the budget that is to be directly managed by the indigenous communities for specific goals. II. Guarantee education and increase educational level of indigenous peoples, favoring bilingual and cross- cultural education, literacy, completion of the elementary and secondary education, technical training, high 2 education and university education. Also, the authorities must establish a scholarship system for indigenous students at all grades, as well as define and carry out regional educational programs, according to indigenous peoples’ cultural heritage and opinion, and according to the law. Authorities must promote respect towards the several cultures of the Nation and knowledge about them. III. Enforce an effective access to health services by increasing the coverage of the national health services, while making good use of traditional medicine and also to improve the indigenous people’s nutrition through food programs focusing especially on children. IV. Improve the living conditions of indigenous communities and the spaces used for social activities and recreation through policies that enables the access to public and private financing for housing construction and home improvements, as well as policies that extend the coverage of basic social services. V. Promote indigenous women development by supporting their productive projects, protecting their health, granting incentives for their education and fostering indigenous women participation in decision-making process of their communities. VI. Extend the communication infrastructure, enabling integration of communities to the rest of the country, by constructing and expanding transportation routes and telecommunication means. Also, authorities are obliged to develop the conditions required so that indigenous peoples and communities may acquire, operate and manage media, in accordance with the law. VII. Support productive activities and sustainable development of indigenous communities through actions that allow them to achieve economic self-sufficiency; granting incentives for public and private investments that create new jobs; the use of new technology to increase productive capacity and to assure equitable access to
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