Monday, April 12, 2010

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tenure on forest lands diminishes

Cambio de Michoacán, Wednesday April 7, 2010
Jaime Navia Antezana
Previous collaborations have spoken of the social system of property we in Mexico. Especially on the importance of more than 50 percent of the national territory owned by ejidos or indigenous communities, and in these areas is over 80 percent of the forests and jungles of the country. This may be interesting as a figure for the stock, but everything behind is a reflection of history Mexico itself and we can not nor should we lose sight now, when we commemorate the Bicentennial of Independence and the Centennial of the Revolution.
country settings as it is today was not a free process. It comes down simply to the Declaration of Independence 200 years ago, a gift of land reform on the eve of the last century, or possibly concessions of different laws on land has been in Mexico. Mexico is the product of an intense struggle for land to the permanent dispossession has taken place since the colonial era and during the Republic. It is a story tinged with blood. It is a living history that we must understand and address now. Today

ejido lands and communities are being threatened by various forms of institutional charge (de facto power, corruption, impunity, etc.). To the extent that not only violates the law, but has been interpreted and implemented so crafty and surreptitious to bleed differently to social property in a privatization process in the worst expression of neoliberalism. But there is nothing better than examples to explain this threat. Check

for Tarecuato Indian community, then in the public registry of property names and characters that do not correspond to the original owners of that territory. Many communities still have lawsuits pending over land that originally belonged to them. The process of delimitation of land in Santa Ana Zirosto only granted rights over five thousand 750 hectares of more than eight thousand who were claimed as their own. Today, these nearly three thousand hectares are classified as other private property and mostly surrounding the current village. Ejidos in Ario de Rosales as the bar and the House have been completely transformed from forests in avocado orchards (now private property) and to receive government support or Sedru SAGARPA for the development of their crops. In the community of Barrio San Juan Bautista in Uruapan, there are at least two parcels illegally established as orchards on which the Executive and the Judiciary have implemented security cases and "impartial justice" in advance when the award is made illegally. The list of cases is as wide as ejidos and communities there. Some are minor cases, but others such as Plutarco Elias Calles and Tarascon or community and ejido Tingambato, just to mention some, the situation seems irreversible. Textually

Article 59 of Land Law in force in Mexico says: "It will be null and void the allocation of plots in tropical forests or jungles." Later in section 73 expresses this law: ".... The ... common lands are comprised of those lands that have not been specially designated by the assembly for the settlement of the population center, nor are land parcels, and Article 74 that the land of common use is "... inalienable and indefeasible ...".

So how is it possible that cases go to court to determine ownership of common lands that having been forests or jungles were "removed" and placed under cultivation or livestock?

Not being lawyers, we realize that something is not working properly. Not only is it a matter of interpreting law, but how it is used to benefit some and harm others. Surely you've read inscriptions as: "Do not buy problems, common land." When in fact most of these sales are illegal purchase it by Article 59 or 74 above, but also because many of these transactions are guarantee with no byline and assemblies or with forged documents, and so on. Remember that buying stolen is also a crime, because it makes you an accomplice to the thief. In this regard we should also ask where are the officials who are complicit with their actions and decisions are regularizing what is illegal and therefore generate "background" or "formal" enough that eventually can cause serious damage to property of ejidos and communities?

Yet this process of disintegration within these agrarian, assemblies have been weakened and in some cases have lost control not only over territory but over natural resources in place. In parallel this causes a rapid process of environmental degradation also affects all of us to lose the capacity of ecosystems to provide environmental services.

The issue of public ownership of land is much more than a social development issue has to do with national security and the ability to sustain life on earth. It should be a priority for the State to defend and provide what is necessary for the development and puts the Constitution in Article 27, particularly as regards the fractions VII, XIX and XX.

To celebrate the Bicentennial of Independence and Centennial of the Revolution, we must be consistent with ourselves and force the institutions that are in the country and its history. Beyond ideological positions, many ejidos and communities in Mexico have shown that the common government is feasible and in other countries there are examples of successful forms of community government. (If you are interested in investigating the matter further on the work by Dr. Elinor Ostrom, Nobel Laureate in Economics 2010, or participates in http://iasc2011.fes.org.in/)

girando@gira.org.mx


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