Abstract

CARDENAS, Jaime. The mining industry in México: the dispossession of the nation. Cuest. Const. [online]. 2013, n.28, pp.35-74. ISSN 1405-9193.

The essay exposes the economic, social and ecological problems related with the mining industry in Mexico. Previously, it explains the historical constitutional and conventional background and also the legal precedents since de colonial tine until our days. There is a criticism about the current mining law which was issue in 1992, because the author consider that this legal frame has constitutional vices and cause human rights violations to the citizens and to the people. The violations show up in several social conflicts and in the depravation of the natural sources of the subsoil against the economic principles established in the constitution and also against the Republic. At the end of this essay, as a conclusion, there is a proposal to reform the legal frame of the mining industry in Mexico. The author sustain if the legal frame does not modify the current situation and the Nation dispossession will continue and result in native people affectation, public treasure and ecology affectation. The rights of the mining workers and Nation patrimony decrease because the benefits obtain of the mineral extraction are for the transnational companies and Mexico and the Mexicans are not compensating and receive almost nothing.

Keywords : mining; mining law; ecological damages; social conflicts; indigenous people rights violations; workers rights; nation patrimony.