Resumen

VENTURA PATINO, María del Carmen. Nueva reforma agraria neoliberal y multiculturalismo. Territorios indígenas, un derecho vuelto a negar. Rev. pueblos front. digit. [online]. 2008, vol.3, n.5, pp.147-180. ISSN 1870-4115.  https://doi.org/10.22201/cimsur.18704115e.2008.5.211.

World Bank «recommendations» on agrarian matters in Mexico were duly instated in legislative reforms approved in 1992. These changes aimed to provide legal security to large investors, real estate developers, and transnational corporations, through various mechanisms such as the disincorporation of land held under social systems and its conversion to private property. The PROCEDE and PROCECOM programs have been pillars of this process, to date granting certifications and property titles corresponding to just over 90% of all agrarian units in the country. A reiterated demand of the indigenous movement, which gathered momentum especially following the Zapatista uprising, is the modification of Constitutional Article 27, particularly in reference to the recognition of the collective right held by indigenous peoples over their lands, territories and natural resources. An important legal reference to which the indigenous movement has alluded is ILO Agreement 169, ratified by the Mexican government in 1990. In 2006, Mexico’s House of Representatives discussed a legislative proposal regarding a new Federal Agrarian Law, in which it was proposed that common-property lands (ejidos) and communities that so wished could adhere themselves to the established procedure so their properties would be declared Indigenous Lands. However, it was not instituted as a new tenure system, and the legal definition of territory as spelled out in ILO Agreement 169 was also not taken into account. In the present essayii we attempt to offer some elements that contribute to an analysis of the legal scope of this proposal.

Palabras llave : Land; agrarian reform; territories; indigenous territories.

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