(What follows is a summary of the original SIPAZ document that was written in Spanish. The Spanish original also contains the four observations of the government that form the basis for the Zedillo legislative proposal on indigenous rights and culture.)

Autonomy

San Andres Accords:

” …The national legislation should recognize the indigenous peoples as the subjects of the rights to free determination and autonomy.”

Initiative of the Federal Executive (IFE):

” …The concrete expression [of the right to free determination of the indigenous peoples] is the autonomy of the indigenous communities…”

CONAI commentary:

The IFE reduces the exercise of the rights of the indigenous peoples to the communities.

Nature of the rights of indigenous peoples

San Andres Accords:

” …The constitutional reforms shall recognize the rights of the indigenous peoples…”

Initiative of the Federal Executive (IFE):

” …these rights, which this constitution grants to the indigenous communities…”

CONAI commentary:

The IFE says that the Constitution “grants” rights to the indigenous peoples instead of simply recognizing them, as agreed at San Andres.

Ratification of procedures and decisions

San Andres Accords:

” …the judgments and decisions [of the indigenous peoples] will be ratified”

Initiative of the Federal Executive (IFE):

” …the procedures, judgments and decisions [of these peoples] will be ratifiable”

CONAI commentary:

Leaving optional the ratification of the procedures violates the San Andres Accords and introduces the idea of discretion with regard to ratification.

Right of indigenous peoples to territory

San Andres Accords:

” …recognizing…the right of indigenous peoples to the use…of the natural resources of the territories that they occupy or utilize…”

Initiative of the Federal Executive (IFE):

” …to accede in a collective manner to the use and enjoyment of the natural resources, except those whose direct control belongs to the Nation…”

CONAI commentary:

The IFE does not recognize the right of the indigenous peoples to their territory, since its text does not specify that the use and enjoyment of the natural resources refers to their lands and territories.

Definition of “indigenous person”

San Andres Accords:

…”The awareness of their indigenous identity should be considered a fundamental criterion for determining the groups for which these dispositions apply…”

Initiative of the Federal Executive (IFE):

” …the counties with a majority indigenous population will be able…”

CONAI commentary:

The IFE violates the San Andres Accords because it omits the mechanism established to determine how a county, community, etc. is defined as indigenous.

Indigenous communities as entities of public law

San Andres Accords:

” …recognition of the indigenous communities as entities of public law…”

Initiative of the Federal Executive (IFE):

… does not contain this recognition

CONAI commentary:

The IFE does not recognize the indigenous communities as entities of public law.

Participation and political representation

San Andres Accords:

” …[the indigenous peoples] shall freely designate their representatives…”

Initiative of the Federal Executive (IFE):

” …local legislation shall establish the bases and modalities to ensure the participation of the indigenous communities in the integration of local government bodies…”

CONAI commentary:

The IFE does not recognize the right of the indigenous peoples to define the procedures for the election of their authorities. This omission violates the San Andres Accords.