Mexico: Level of government that controls land disputes and evictions; whether there is a law or policy of confiscating allegedly unused or unproductive indigenous people's land, particularly of the Tarasco in Guanajuato (1990-1999)

Various sources indicate that at the federal level, the Agrarian Reform Secretariat (SAR), the Commission for the Regulation of Land Ownership (CORETT), the Agrarian Ombudsman (Procuradoría Agraria, PA) and the Superior Agrarian Tribunal (Tribunal Superior Agrario) are the highest level institutions dealing specifically with agrarian land issues. A review of press articles containing references to land issues indicates that some of these institutions, such as CORETT, have state branches that can operate independently, complement, or work in cooperation with state and municipal government institutions, implementing national programs or addressing local issues.

News articles reviewed also indicate that, in addition to the federal constitution and state constitutions, the Agrarian Law and the Federal Agrarian Reform Law, state and other federal legislation could have a bearing on specific land disputes.

Land ownership issues and disputes in Mexico are very complex and extensive. By way of example, an item in a national newspaper refers to the case of a group of peasants in Guanajuato who have apparently been involved in land disputes spanning approximately 60 years. They recently concluded a second trial at the Superior Agrarian Tribunal in an attempt to regain lands, but a court sentence was stopped by an amparo request (see previous Responses on amparo in Mexico for more information on this legal recourse); the publication contrasts this judicial process with another at the same court that was concluded swiftly (La Jornada 26 May 1998).

Although numerous news articles with references to individual, state and federal land programs and conflicts involving peasants, ejidatarios, indigenous groups and others were found, no single comprehensive review of land ownership, law and disputes in Mexico nor specific references to land disputes involving Tarasca indians in Guanajuato could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

Reference

La Jornada [Mexico City]. 26 May 1998. "Informan de manejos ilegales en la entrega de tierras en Villagrán, Guanajuato." [Accessed 9 July 1999]

Additional Sources Consulted

Administration of Justice in Mexico [Albuquerque, New Mexico]. 1995.

Comisión para la Regularización de la Tenencia de la Tierra (CORETT), Mexico City. Internet website.

El Universal [Mexico City]. Internet search engine. 1997-1999.

La Jornada [Mexico City]. Internet search engine. 1996-1999.

Latinamerica Press [Lima]. 1990-1999.

Latin American Regional Reports: Mexico & NAFTA [London]. 1994-1999.

Procuraduría Agraria (PA), Mexico City. Internet website.

Report on the Situation of Human Rights in Mexico (OAS) [Washington, DC]. 1998.

Secretaría de la Reforma Agraria (SRA), Mexico City. Internet website.

Electronic sources: IRB Databases, REFWORLD, Global NewsBank, Internet, WNC.

Note:

        This list is not exhaustive. Country and subject-specific books available at the Resource Centre are not included.