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Latest news | View response in: Español

Responding department: Ministry of the Interior, Ministry of Economy, Ministry of the Environment, Ministry of Public Administration, Ministry of Communications and Transport, and Ministry of Labour and Social Welfare

Has your government taken any initiatives to reduce companies’ negative impacts on human rights that you consider particularly successful?

Yes, Mexico has taken various measures to protect development activities, ensuring respect for the environment and for the human rights of the persons potentially affected:

  • Article 1 of the Constitution of the United Mexican States, amended in June 2011, establishes various obligations for the authorities. One of those obligations is that rules concerning human rights must be interpreted in accordance with the Constitution and the international treaties on the subject, promoting the fullest possible protection of the persons concerned at all times. In other words, human rights are those recognized by the Constitution and the international treaties signed by Mexico and those human rights together with the human rights provisions contained in international instruments and the law must always be subject to the best possible interpretation for the persons concerned. In addition, paragraph three of the aforementioned Article 1 emphasizes that all authorities, within their remit, must promote, respect, protect (prevent others from hindering enjoyment of the right) and guarantee human rights in accordance with the principles of universality, interdependence, indivisibility and progressiveness. Consequently, the state must prevent, investigate, punish and ensure redress for any human rights violations in the terms established by law. This requires the authorities to treat all persons equally, adopting an interdependent vision, as the exercise of a human right necessarily entails respect and protection of a host of related and indivisible rights. This must all be done progressively, prohibiting any reversal of the means established for the exercise, safeguarding, reparation and realisation of human rights.
  • Furthermore, the Ley de Amparo (Protection of Constitutional Rights Act), which came into force on 3 April 2013, establishes that the authority with jurisdiction, irrespective of its formal status, shall be that which issues, orders, executes or attempts to execute acts that unilaterally and obligatorily create, amend or annul legal situations, or omit an act that, were it to come to fruition, would create, amend or annul such legal situations. Individuals shall have the status of responsible authority when they perform acts equivalent to those of authority that affect rights under the terms of said subsection and whose functions are determined by a general regulation.
  • In addition, the National Development Plan 2013-2018 (NDP) establishes the following National Targets:
    1. A Mexico at peace. Establishes guidelines for a peaceful nation in which human rights are respected.
    2. An inclusive Mexico. Sets out the actions to take in order to reverse poverty and achieve a society with gender equality, free from exclusion, that safeguards the wellbeing of people with disabilities, indigenous peoples, children and the elderly.
    3. A Mexico with quality education. Foster civic values, raise the quality of teaching and promote science, technology and innovation.
    4. A prosperous Mexico. Details the way to drive forward businesses, generate jobs and develop infrastructure to increase competitiveness.

    The National Institute for the Social Economy (INAES) has taken initiatives intended to reduce the negative impact on human rights of enterprises in the social sector of the economy. Said initiative is currently reflected in the Rules of Operation of the Programme to Promote the Social Economy (ROFONAES), published in the Federal Official Gazette on 20 December 2013, and specifically in paragraph 2 of rule 6.1, which stipulates that: “Organizations in the Social Sector of the Economy must accept the aims, values, principles and practices referred to in Articles 8, 9, 10 and 11 of the Social and Solidarity Economy Act (LESS)” thereby fostering conduct that ensures respect for human rights, both within and outside of organizations in the social sector of the economy.

    From 6 to 10 December 2013, the preliminary draft of the ROFONAES rules was made available to the public for its opinion via the website of the Federal Commission for Regulatory Improvement (COFEMER).

    Based on the National Development Plan, the Ministry of Economy prepared the Programme for Innovative Development 2013-2018 (PRODEINN), which establishes plans for Mexico to: increase and improve its competitiveness and level of investment; improve the applicable regulatory framework; strengthen the domestic market and improve conditions for consumers; increase productivity with an innovative policy to foster industry, trade and services; foster innovation as a driver of economic development; promote entrepreneurship and strengthen the development of businesses and organizations in the social sector of the economy; strengthen the policy of open trade to promote the participation of Mexico in the global economy by fostering and taking advantage of business opportunities.

    On 30 April 2014, the National Human Rights Programme was published in the Federal Official Gazette. Its fourth objective is to “Strengthen the protection of human rights” and it sets out a strategy to promote a human rights and gender focus in the private sector and in business policies and activities. The aim is to promote mechanisms aimed at ensuring respect for human rights in companies, and for companies to incorporate human rights into their principles, codes and policies. The strategy includes the following provisions:

    "Strategy 4.4. Promote a human rights and gender focus in the private sector, as well as in business policies and activities.

    Lines of action

    4.4.1. Strengthen mechanisms aimed at ensuring respect for human rights in companies and the private sector.

    4.4.2. Encourage companies to disseminate human rights and include them in their statements of principles, codes and policies.

    4.4.3. Encourage the human rights approach to corporate social responsibility.

    4.4.4. Promote legislation regulating companies that guarantees respect for human rights.

    4.4.5. Contribute to raising companies' awareness of their obligations concerning the human rights of their employees and users."

    In addition, it should be mentioned that, even before publication of the Guiding Principles, measures had been adopted for the implementation of projects at the federal level, such as water related projects, general means of communication, tourism projects, fossil fuel related projects, aquaculture projects, etc., provided for in both the General Ecological Balance and Environmental Protection Act of 1988 (LGEEPA), substantially amended in 1996 and 2000, and in its implementing regulations on environmental impact those same years.

    The General Directorate for Air Quality and the Registry of Emissions and Transfer of Pollutants (DGGCARETC) has the authority to regulate matters relating to atmospheric emissions of establishments under federal jurisdiction and to maintain an Emissions Release and Transfer of Pollutants Register (RETC), thus complying with the provisions of Article 4 of the Constitution of the United Mexican States and Article 15, Subsection XII, of the LGEEPA on the right to a healthy environment for the development and wellbeing of all persons.

    Through the Single Environmental Permit and the Operating Licence, companies are regulated to ensure that they comply with the provisions of the LGEEPA implementing regulations on prevention and control of atmospheric pollution, the General Act for the Prevention and Comprehensive Management of Waste and its implementing regulations, the Official Mexican Standards, the Environmental Impact resolutions, wastewater discharge permits, and the Environmental Contingency Programmes.

    In addition, through the Emissions and Pollutant Transfer Register (RETC), information is published for each establishment on the release of toxic substances with significant impacts on ecosystems, biodiversity and natural resources in general (water, air and soil) and on the health of the population. This enhances society's right to information on the environmental and health impacts resulting from industrial activities in their local area.

    Over the past four years, the Ministry of Communications and Transport has been training its staff in this matter through the National Human Rights Commission (CNDH) and has reached all 62 of its Administrative Units.

    Independently, the Administrative Units of the Ministry of Communications and Transport have carried out actions in this area, as each Unit has Training and Budget Officers.

    What department or departments have significant responsibility for business and human rights within your government?

    Since it joined the Organisation for Economic Cooperation and Development (OECD) in 1994, Mexico has supported the Guidelines for Multinational Enterprises (the Guidelines), a set of recommendations on issues relating to the promotion of Corporate Social Responsibility (CSR), including recommendations on human rights (Chapter IV of the Guidelines).

    The Guidelines are recommendations on principles relating to CSR. Governments that adhere to the Guidelines commit to promoting voluntary compliance with the Guidelines by multinational enterprises (MNEs) and to disseminating the principles set out therein among the various groups concerned.

    The Guidelines include chapters on:

    • Human Rights: enterprises must respect human rights in the countries where they are established, in accordance with internationally recognized instruments.
    • Employment and industrial relations: enterprises must respect workers' rights, cooperate with trade unions, prevent employment discrimination and contribute to the eradication of child labour and forced labour.
    • Environment: enterprises must protect the environment and safeguard public health and safety. They must endeavour to avoid, prevent and reduce serious damage to the natural environment by implementing environmental management systems and using environmentally friendly technologies.
    • Taxation: enterprises must contribute to the public finances of the countries where they decide to set up, fulfilling their tax obligations in a timely manner and refraining from performing actions aimed at unduly reducing their tax burden.

    The content of the Guidelines for Multinational Enterprises regarding human rights is in keeping with the Guiding Principles on Business and Human Rights.

    To promote the adoption of and facilitate compliance with said Guidelines, adhering governments are required to establish a National Contact Point (NCP), which, in the case of Mexico, is attached to the General Directorate for Foreign Investment of the Ministry of Economy.

    This NCP is responsible for disseminating and implementing the procedure for handling specific instances relating to matters covered in the Guidelines (including the subject of human rights) and, where applicable, must offer its good offices to resolve such instances.

    The participation of the NCP in a series of national and international workshops, forums and events organized by various international bodies and countries adhering to the Guidelines has resulted in enhancing the dissemination of the Guidelines and promoting their adoption and compliance within Mexico.

    Furthermore, in 2014, Mexico's NCP redesigned its procedures for handling specific instances in order to provide its good offices when it would appear that an MNE is acting contrary the principles and standards established in the Guidelines.

    In addition, the INAES (National Institute for the Social Economy) has a role as a government department in relation to business and human rights, given that organizations in the social sector (referred to by the Spanish acronym OSSE), which are legally defined as companies (Article 5, subsection II, of the LESS) constitute the target group of the rules of operation referred to in the preceding paragraph. In order to ensure coordination of actions within the INAES, an "Agreement on the organization and functioning of the National Institute for the Social Economy" is in place (Federal Official Gazette of 22 July 2013), which defines the responsibilities of each of its areas.

    In accordance with the National Human Rights Programme 2014-2018, the departments and bodies of the Federal Public Administration shall take whatever actions are viable within their sphere of competence to fulfil the programme.

    The programme establishes that efforts shall be made to set up collaborative mechanisms that involve the three powers and autonomous constitutional bodies, as well as civil society.

    In the context of the Prosperous Mexico section of the National Development Plan, and in line with the PRODEINN, the Ministry of Economy is charged with coordinating an industrial policy that, mainstreamed into other programmes, contributes to protecting, respecting and ensuring compliance with the Guiding Principles on Business and Human Rights.

    Within the Ministry of Communications and Transport is the Department of Human Rights and National Security Information Analysis.

    Similarly, the Department of Planning and Development in the General Directorate for Human Resources brings together information about training in this area and coordinates some courses through the National Human Rights Commission and the Ministry of Communications and Transport.

    What are the top 5 priority issues that your government has taken steps to address since June 2011?

    Types of company impacts prioritised:

    • Health (including environmental health, workplace health & safety)
    • Impacts on children, including child labour
    • Land rights and displacement
    • Women’s rights
    • Indigenous groups and/or ethnic & racial minorities

    Actions on land rights & displacement

    Land rights: because organizations in the social sector of the economy have (Art. 11, subsection V, of the LESS) “social or equal ownership of the means of production” as another practice.

    Actions on women

    Women's rights and minority rights: because, in accordance with Rule 7.1 of the aforementioned Rules of Operation, there are comprehensive support arrangements for "Integration of women and socially vulnerable groups”, which are intended to be mainstreamed throughout all the Rules of Operation for 2015.

    Actions on children

    Child labour: because the preliminary draft Rules of Operation for 2015 establish a rule protecting against child labour.

    Actions on indigenous peoples or ethnic/racial minorities

    Women's rights and minority rights: because, in accordance with Rule 7.1 of the aforementioned Rules of Operation, there are comprehensive support arrangements for "Integration of women and socially vulnerable groups”, which are intended to be mainstreamed throughout all the Rules of Operation for 2015.

    Other actions

    There are various measures that companies must follow regarding the impact that their activities could have on human rights.

    In the case of environmental impact, in particular, the following have been established:

    • The General Ecological Balance and Environmental Protection Act provides for environmental impact assessment of projects under the jurisdiction of the federation in the event that, following the assessment procedure, if the project is approved, conditions are established for project implementation to ensure compliance with one of the most substantial human rights, the right to a healthy environment, enshrined in Article 4 of the Constitution.
    • With the submission of reports (programmes for reforestation, displacement of fauna, environmental monitoring, including water, soil and air indicators, etc.), specific monitoring is performed on the project implementation work to avoid unassessed ecological imbalances to the extent possible, thereby respecting the human right to a healthy environment.
    • On their part, companies, through the Annual Operating Permit, report on their emissions and transfers of pollutants during the previous year, as well as on the prevention activities and the handling of substances used in their production processes that are subject to reporting for the purposes of the Emissions and Pollutant Transfer Register (RETC).

    All laws and regulations approved at the federal level follow the constitutional procedure set out in Article 72 of the Constitution.

    In particular, the Annual Operating Permit follows a consultation process with the interested parties and, for preparing the diagnosis of the National Human Rights Programme 2014-2018, studies and reports produced by the Mexican state, international bodies, civil society organizations and academia were consulted.

    With regard to public procurement in the Federal Public Administration (AFP), provisions have been included relating to human rights in the Public Sector Acquisitions, Leases and Services Act (LAASSP), in the Public Works and Related Services Act (LOPSRM), in their respective implementing regulations (RLAASSP and RLOPSRM), and in guidelines:

    • In the case of contracting by public tender or by invitation involving at least three tenderers, where applications are evaluated by means of a system of points or percentages, the APF departments and bodies must grant points or percentage units to applications submitted by applicants that have a disability or companies whose staff is made up of at least 5% disabled workers who have been employed by the company for a minimum of six months (Articles 14 and 43, subsection V, of the LAASSP and Articles 38 and 44, subsection VII, of the LOPSRM).
    • The APF departments and bodies may directly award contracts for acquisitions, leases or services with peasant workers or marginalised urban groups, either in the capacity of individuals or legal entities, as well as for public works or related services that essentially require rural labour or marginalised urban labour, where the department or body concerned directly contracts workers from the place where the work is to be carried out (Article 41, subsection XI, of the LAASSP and Article 42, subsection IX, of the LOPSRM).
    • When an APF department or body contracts services that require the intensive use of labour, the cost of which accounts for more than 30% of the total contract value, the obligation for the suppliers to register with and pay contributions to the Mexican Social Security Institute for their workers, and to submit the corresponding records to the department or body concerned on a bi-monthly basis (Article 80 of the RLAASSP) must be stipulated in the public invitation to tender issued to at least three tenderers, and in the respective contract.
    • In the annual schedule for the procurement of public works and related services, APF departments and bodies must take into account that all public facilities must enable access, evacuation and free movement, without architectural barriers, for all persons, and, for people with disabilities, must comply with the design and signage rules for facilities, transit routes, health services and other similar facilities (Article 21, subsection XV, of the LOPSRM).

    In addition, the Ministry of Public Administration has undertaken actions aimed at amending the LOPSRM. It has prepared a preliminary draft reform that seeks to establish that contractors and subcontractors of the Federal Public Administration must fulfil their social security obligations in order for the work contracted to be deemed duly completed. This is a strategy designed to reduce informal employment and generate better paid jobs, as established in the 2013-2018 National Development Plan.

    Public procurement legislation in Mexico includes due diligence requirements in relation to human rights in the following areas: rights of people with disabilities; support for peasant workers and marginalized urban groups, and the fostering of respect for workers' social security rights.

    As has already been mentioned, when a project is authorized in terms of environmental risk and impact, the developer is required to submit reports on fulfilment of the conditions imposed (programmes for reforestation, displacement of fauna, environmental monitoring, including water, soil and air indicators, etc.) in relation to execution of the project. These reports shall be made available to the Federal Attorney for Environmental Protection (PROFEPA). Failure to submit said reports shall give rise to an administrative, civil or criminal sanctioning procedure.

    Furthermore, Petróleos Mexicanos and the Federal Electricity Commission are under federal jurisdiction and, through the Annual Operating Permit, report on their environmental performance each year.

    In general, all financial institutions must respect human rights in accordance with Article 1 of the Mexican Constitution and in line with the National Development Plan and the National Human Rights Programme 2014-2018.

    Mexico recognizes every person's human right to a healthy environment for their development and wellbeing. By virtue of that right, through the environmental impact evaluation procedure, the Ministry of the Environment and Natural Resources establishes the conditions applicable for performing work and activities that could cause an ecological imbalance or exceed the limits and conditions established in the applicable provisions to protect the environment and conserve and restore ecosystems in order to avoid and reduce to a minimum the negative effects on the environment. For that purpose, the interested parties must submit an environmental impact statement, which must contain, as a minimum, a description of the possible effects on the ecosystem(s) that could be affected by the work or activity in question, considering all the elements that make up said ecosystem(s), as well as preventive measures, mitigation measures and any other necessary measures to avoid or minimise negative effects on the environment.

    In the case of works or activities affecting indigenous peoples’ and communities’ land, territories or natural resources, free, prior and informed consultations are carried out, as established in ILO Convention 169, to which Mexico is party.

    Within the environmental impact evaluation procedure, there are two processes for informing society in general, namely:

    • Public consultation. A a public consultation must be carried out when a member of the potentially affected community so requests, in which case, within a period of 20 days, the project is explained, and environmental observations and opinions regarding the project under evaluation are presented.
    • Public information meetings.  These meetings take place on a single day, within the period of the public consultation. They are held at the discretion of the Ministry if it considers that there may be serious ecological imbalances or harm to public health. To hold a public information meeting, an announcement is issued, indicating the time and date, as well as the criteria for taking part in the meeting and expressing one’s views, although anyone may attend. Nothing is voted on or decided upon during these meetings which are merely intended for the planned project to be explained for the information of the community potentially affected, and to give members of the community the opportunity to make observations and express their opinions about it so that the evaluating authority can take those opinions into account and have more information on which to base its decision.

    When a project impacts or could directly or indirectly affect the rights of indigenous communities (land, water, customs, religion, sacred routes, etc.), pursuant to Articles 6, 7, 15 and other related articles of ILO Convention 169, a consultation of the indigenous communities is carried out in order to obtain their agreement or, where applicable, their prior, free and informed consent (depending on the scale of the impact), for the project under evaluation. If the evaluation time is insufficient to complete the consultation with the indigenous communities (60 to 120 working days), conditions may be placed on the project requiring their agreement or prior, free and informed consent to be obtained before commencement of the planned work or activity.

    Furthermore, although in the international agreements on investment the human rights aspect has not been incorporated, Mexico's standard text in these agreements is being revised this year. The impact of foreign investments on human rights is one of the points that should be carefully studied in this revision.

    Additionally, when the Mexican government promotes investment in the mining sector, through the CGM (General Office of Mining), the interested parties are urged to comply with the principles of Corporate Social Responsibility, comply with the law and, of course, respect human rights.

    This is backed up by Article 27(IV) and Article 37(II), of the Mining Act, which states that companies in the sector shall be bound by the general provisions and Mexican Official Standards applicable to safety, safety in mines, ecological balance and environmental protection.

    All activities related to the exploitation of natural resources must strictly adhere to the provisions set out in the Constitution of the United Mexican States, the laws resulting from the Constitution, the implementing regulations for those laws and the established legislation. This includes matters regarding labour, the environment, safety, etc.; therefore, companies operating in the extractive industries, especially mining and metallurgy, must also fully comply with all human rights provisions.

    Environmental health: because Article 11, subsection X, of the LESS establishes "protection of the environment" as one of the practices of organizations in the social sector of the economy.

    Has your government adopted a National Action Plan on business and human rights as encouraged by the UN Human Rights Council and UN Working Group on business & human rights, or will it do so in the future?

    In accordance with the National Human Rights Programme 2014-2018, the departments and bodies of the Federal Public Administration shall take whatever actions are viable within their sphere of competence to fulfil the programme.

    The programme establishes that efforts shall be made to set up collaborative mechanisms that involve the three powers and autonomous constitutional bodies, as well as civil society.

    In the context of the Prosperous Mexico section of the National Development Plan, and in line with the PRODEINN, the Ministry of Economy is charged with coordinating an industrial policy that, spanning other programmes, contributes to protecting, respecting and ensuring compliance with the Guiding Principles on Business and Human Rights.

    Objective 4.4 of the National Development Plan 2013-2018 provides as follows: "Drive and guide inclusive and facilitating green growth that preserves our natural heritage while also generating wealth, competitiveness and jobs". Meanwhile, Strategy 4.4.1 of the plan establishes the following requirement: "Implement a comprehensive development policy that links environmental sustainability with costs and benefits for society". Point 2 of the "Lines of action" of this strategy states as follows: "Update and align environmental legislation to achieve effective regulation of actions that contribute to conservation and restoration of the environment and natural resources".  

    Moreover, as mentioned before, the fourth objective of the National Human Rights Programme is to “Strengthen the protection of human rights” and it sets out a strategy to promote a human rights and gender focus in the private sector and in business policies and activities.

    Meanwhile, the series of sectoral objectives, strategies and targets set out in the Sectoral Programme for Environment and Natural Resources 2013-2018 states, in Strategy 1.2, "Encourage comprehensive environmental management to promote the development of investment projects that fulfil sustainability criteria. Line of action 1.2.2 stipulates "Modernize the environmental risk and impact evaluation process with the inclusion of climate change adaptation and mitigation criteria". Furthermore, Strategy 2.1 of the programme states "Increase ecosystem resilience and reduce the vulnerability of the population, infrastructure and services to climate change". Line of action 2.1.1 stipulates "Promote the incorporation of climate change criteria in environmental management programmes and territorial planning instruments".

    Access to remedy: What steps have been taken to develop new judicial or administrative remedies or to reduce barriers to existing remedies for victims?

    The General Victims' Act, published in the Federal Official Gazette on 9 January 2013, establishes the following in relation to general assistance for human rights violations:

    Article 1. This General Law is intended to promote public order, is of social interest and is applicable throughout the country, pursuant to the provisions of Articles 1(3), 17 and 20 of the Constitution of the United Mexican States, the international treaties signed and ratified by Mexico and other laws concerning victims. In legislation protecting victims enacted by Congress, the law that most favours the affected individual shall always be applied. This Act obliges the authorities of all areas of government within their respective remits, and the constitutional powers, as well as any of their offices, departments, bodies or institutions, be they public or private, that have responsibility for the protection of victims, to provide aid, assistance or comprehensive redress. Comprehensive redress includes measures of restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition, in their individual, collective, material, moral and symbolic dimensions. Each of these measures shall be implemented in favour of the victim, taking into account the gravity and magnitude of the victimizing act committed or the gravity and magnitude of the violation of the victim's rights, as well as the circumstances and characteristics of the victimizing act.

    Article 6. For the purposes of this Act, the following definitions shall be used:

    XIX. Human rights violation: Any act or omission that affects the human rights recognized in the Constitution or international treaties, when committed by a public official exercising his duties or powers or by an individual holding a public office. A violation of human rights shall also be considered to have been committed when the act or omission in question is carried out by an individual, explicitly or implicitly incited or authorized by a public official or acting with the acquiescence or collaboration of a public official.

    In accordance with this, under certain circumstances, provision is made for the reparation of damages when a human rights violation has been committed by an individual holding a public office.

    Access to remedy: What steps have been taken to develop new non-judicial remedies, improve existing mechanisms, and reduce barriers for victims?

    One of the roles of the NCP is to contribute to resolving matters related to alleged violations by multinational companies’ implementing the Guidelines. Any person, organization or company that feels affected may submit its case to Mexico's NCP to seek a solution. This procedure is known as a specific instance.

    A specific instance is the procedure through which one or more interested parties request the assistance of the NCP to resolve matters that arise in relation to potential violations by multinational companies’ implementing the Guidelines.

    Given that this is a mediation process, the specific instance becomes a quick and effective amicable procedure that promotes the exchange of opinions and ideas, as well as the understanding and reconciliation of the parties for the benefit of all concerned.

    The phases that make up specific instances are:

    • Phase 1: Initial assessment to determine whether the case has been submitted in good faith and is related to the Guidelines, and whether there is evidence to suggest that the matter merits further examination, assessing whether the provision of assistance will constitute a positive contribution to resolving the issues raised and will not result in serious damage for one of the parties involved in other proceedings [and] will not give rise to a situation of contempt of court. Approximate duration: three months.
    • Phase 2: If the case is accepted, the NCP shall offer its assistance to help resolve the conflict. This might include a request for advice from the relevant authorities or representatives of the business sector, labour organizations and other expert non-governmental organizations. Approximate duration: six months.
    • Phrase 3: Once the process of mediation and dialogue between the parties is complete (if the parties agreed to it), the NCP shall issue a written statement describing the outcome of the process and, where applicable, what agreements were reached, without disclosing any sensitive and/or confidential information provided by the parties.

    The Federal Attorney’s Office for Consumers (PROFECO) is a decentralized body with administrative authority. It is responsible for promoting and protecting consumer rights and interests and seeking fairness and legal certainty in relations between suppliers and consumers, ensuring legality and legal certainty within the regulatory framework of human rights recognized for consumers (Article 20 of the Federal Consumer Protection Act). The PROFECO has a General Directorate for Complaints and Conciliation which is responsible for coordinating, negotiating and concluding agreements and actions to protect consumers, as well as for expeditiously resolving consumer complaints about suppliers and their organizations, and about institutions and organizations in the public, social and private sectors.

    Access to remedy: For companies headquartered in your country or their subsidiaries, has your government taken steps to enhance accountability for human rights impacts abroad?

    Chapter III (Disclosure) of the Guidelines states that enterprises should ensure that timely and accurate information is disclosed on all material matters regarding their activities, structure, financial situation, performance, ownership and governance.

    Moreover, enterprises are encouraged to disclose additional information about value statements or statements of business conduct intended for public disclosure and information on their policies relating to matters covered by the Guidelines, which include human rights instruments.

    When a project is authorised in terms of environmental risk and impact, the developer is required to submit reports on fulfilment of the conditions imposed (programmes for reforestation, displacement of fauna, environmental monitoring including water, soil and air indicators, etc.) in relation to execution of the project, which will be made available to the Federal Attorney for Environmental Protection (PROFEPA). Failure to submit these reports shall give rise to an administrative, civil or criminal sanctioning procedure.

    Article 4 of the Federal Criminal Code establishes that crimes committed in a foreign territory by a Mexican against Mexicans or against foreigners, or by a foreigner against Mexicans, may be punished in the Republic of Mexico, in accordance with the federal laws, if the following requirements are fulfilled: i) the accused is in Mexico; ii) the accused has not been definitively tried in the country where the crime was committed; and iii) the infringement of which the accused is charged is a crime in both the country where it was committed and in Mexico.

    Which factors impede your government’s ability to take action on business and human rights?

    Not a factor:

    • Concern about deterring foreign investment
    • Lack of understanding or awareness of business & human rights in government
    • Other

    What, if any, form of support would your government welcome the most to help advance its actions to improve companies’ impacts on human rights?

    It would be helpful to set up workshops and seminars on human rights, with the active participation of the public, private and social sectors. In addition, it would be beneficial to strengthen campaigns to raise public awareness about corporate social responsibility, including human rights issues, particularly aimed at micro-, small and medium enterprises.

    Furthermore, as set forth in the Social and Solidarity Economy Act, the INAES supports organizations in the social sector of the economy which, because they are required to comply with certain aims, principles, values and practices (Articles 8, 9, 10 and 11 of the LESS) are not deemed to pose a threat to human rights but, on the contrary, are considered to help uphold certain social and economic rights related to a decent life and gainful activity.

    Please share with us any further comments, including ideas for future collaboration and shared learning to advance business & human rights.

    According to the National Human Rights Programme 2014-2018 and the corresponding alignment with the Ministry of Economy's Programme for Innovative Development, the General Office of Mining (CGM), through the General Directorate for Mining Regulation, is bound to Objective 4.4.4 "Promote respect for human rights in legislation that regulates businesses". Meanwhile, Objective 4 of the PRODEINN is aligned with Objective 4 of the Programme for Mining Development (PRODEMIN) 2013-2018, which corresponds to "Modernize the institutional legislation for the sector and improve the processes for handling procedures related to mining concessions".