Decision by the Supreme Court of Justice regarding an amparo action under review. Consultation with indigenous peoples on environmental impact issues. Construction of “Independencia” aqueduct, which would carry water from the Yaqui river (which belongs to the Yaqui tribe) to the city of Hermosillo, Sonoro, Mexico.
Enforcement of this decision has been slow and poor. The environmental impact authorization became ineffective on August 13, 2013, three months after the decision. Consultations with the Yaqui tribe have not started officially; the Yaqui peoples were only notified about a proposed methodology on September 21, 2013.
The decision by the First Court of the Supreme Court of Justice is very important for the right to territory, right to water and right to consultation with indigenous peoples and communities according to their habits and customs, because for the first time in Mexico Inter-American standards regarding the indigenous communities’ right to consultation were acknowledged by the Court.
Tribu Yaqui (Autoridades tradicionales del pueblo de Vícam, Sonora, México).
Centro Mexicano de Derecho Ambiental, A.C. (CEMDA)