Mexico Law on Ecological Equilibrium and Environmental Protection

Summary

Mexico’s National Law on Ecological Equilibrium and Environmental Protection – originally adopted in 2013 and updated in 2018 and 2020 – seeks to “Guarantee the co-responsible participation of people, individually or collectively, in the preservation and restoration of the ecological balance and the protection of the environment.” The law defines ecological imbalance as: “the alteration of the relationships of interdependence between the natural elements that make up the environment, which negatively affects the existence, transformation and development of man and other living beings.”

The law states that ecosystems and their elements must be used in a way that ensures optimal and sustained productivity, compatible with its balance and integrity, and authorities and individuals must assume responsibility for the protection of the ecological balance. It emphasizes that ecological concertation [maintaining ecosystem health, biodiversity, and essential functions] is incumbent upon both the individual and social groups and organizations, and “the purpose of coordinating ecological actions is to reorient the relationship between society and nature.” (Article 15).

2020 Update
On December 2 2020, the Mexican Parliament voted unanimously to include the protection of biocultural heritage and promotion of agroecology in the Law. It defines biocultural heritage (BCH) as being comprised of the environment, culture and the territory in a reciprocal relationship that fosters landscapes in balance, characterized by heterogeneity, diversity, connectivity, stability and resilience.

The legal amendment aims to urgently safeguard and raise awareness of the BCH of Mexico in order to conserve biodiversity through the traditional knowledge and practices of Indigenous People, since BCH is the legacy of Indigenous Peoples’ evolutionary relationship with nature over thousands of years. Mexico has 10% of the world’s biodiversity and has identified 22 ‘biocultural regions’ which are Indigenous Territories with high biodiversity levels.

The amendment recognizes that BCH faces threats from extraction and mega-projects, and that traditional knowledge is being eroded daily in the face of a development model that excludes Indigenous and traditional communities, in both Mexico and worldwide. The amendment mandates authorities to include biocultural heritage and traditional knowledge in ecological research, communication and education.