The National Commission For The Development Of Indigenous Peoples Law

Original Language Title: Ley de la Comisión Nacional para el Desarrollo de los Pueblos Indígenas

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Extract from the application for a constitutive registration filed by the Parish of the Holy Cross in Monterrey, Internal Entity

LAW OF THE NATIONAL COMMISSION FOR THE DEVELOPMENT OF INDIGENOUS PEOPLES

Official Journal of the Federation 21 May 2003

Latest Reform Published DOF April 9, 2012

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

THE LAW OF THE NATIONAL COMMISSION FOR THE DEVELOPMENT OF INDIGENOUS PEOPLES IS EXPECTED AND THE LAW OF CREATION OF THE INDIGENOUS INDIGENOUS INSTITUTE IS REPEALED; THE VI FRACTION IS REFORMED AND THE LAW IS REPEALED. FRACTION VII OF ARTICLE 32 OF THE ORGANIC LAW OF THE FEDERAL PUBLIC ADMINISTRATION; AND THE FIRST PARAGRAPH OF ARTICLE 5O IS REFORMED. OF THE FEDERAL LAW OF PARASTATALS.

Article first.- The Law of the National Commission for the Development of Indigenous Peoples is issued and is abrogated the Law of the creation of the National Indigenous Institute, to remain as follows:

Law of the National Commission for the Development of Indigenous Peoples

Chapter I

Of Nature, Object and Functions of the National Commission for the Development of Indigenous Peoples

Article 1. The National Commission for the Development of Indigenous Peoples is a decentralized body of the Federal Public Administration, not sectorized, with legal personality, with patrimony own, with operational, technical, budget and administrative autonomy, based in Mexico City, Federal District.

Article 2. The Commission aims to guide, coordinate, promote, support, promote, follow up and evaluate programs, projects, strategies and public actions for integral development and Sustainable development of indigenous peoples and communities in accordance with Article 2o. of the Political Constitution of the United Mexican States, for which it will have the following functions:

I. To be an instance of consultation for the formulation, execution and evaluation of plans, programs and projects that the agencies and entities of the Federal Public Administration develop in the material;

II. To assist in the exercise of the free determination and autonomy of indigenous peoples and communities within the framework of constitutional provisions;

III. Perform collaboration tasks with the Federal Public Administration agencies and agencies, which should consult the Commission on policies and actions related to the development of indigenous peoples and communities; coordination with the governments of the federative entities and municipalities; dialogue with indigenous peoples and communities, and consultation with the social and private sectors;

IV. Propose and promote measures that are required for compliance with the provisions of Article 2 (B). of the Political Constitution of the United Mexican States;

V. Evaluate public policies and the implementation of government programs, projects and actions that lead to the integral development of these peoples and communities;

VI. Conduct research and studies to promote the integral development of indigenous peoples;

VII. Support the processes of reconstituting indigenous peoples;

VIII. Coassist and, where appropriate, assist indigenous people who request it in matters and before federal, state, and municipal authorities;

IX. Design and operate, within the framework of the Advisory Council of the Commission, a system of indigenous consultation and participation, establishing technical and methodological procedures to promote the participation of the authorities, representatives and communities of indigenous peoples in the formulation, implementation and evaluation of development plans and programs;

X. Advise and support in indigenous matters to federal institutions, as well as to states, municipalities, and organizations in the social and private sectors that request it;

XI. Instrumentalize and operate programs and actions for the development of indigenous peoples when they do not correspond to the privileges of other agencies or entities of the Federal Public Administration or in collaboration, if any, with the dependencies and corresponding entities;

XII. Participate and be part of international bodies, forums and instruments related to the Commission's object;

XIII. Develop training programs for agencies and agencies of the Federal Public Administration, as well as for federal entities and municipalities that request it, for the purpose of to improve the attention of indigenous peoples ' needs;

XIV. Establish agreements and coordination agreements with the governments of the federal entities, with the participation that corresponds to their municipalities, to carry out joint programs, projects and actions in favor of the peoples and communities indigenous;

XV. To coordinate actions with the social and private sectors, so that they contribute to the realization of actions for the benefit of the indigenous people;

XVI. To establish the basis for integrating and operating an indigenous information and consultation system that allows for the widest participation of peoples, communities, authorities and institutions representative of these, in the definition, formulation, execution and evaluation of government programs, projects and actions;

XVII. To be an instance of consultation for the agencies and entities of the Federal Public Administration in order to formulate the draft consolidated budget for the development of the peoples and Indigenous communities to include in the Federation's Government Budget in accordance with the provisions of Article 2o. of the Federal Constitution;

XVIII. Publish an annual report on the performance of its functions and the progress and impact of the actions of the Federal, State and Federal Public Administration's departments and parastatals. Municipal development of indigenous peoples, and

XIX. The others who establish the applicable legal provisions.

Article 3. The Commission will govern its actions for the following principles:

I. Observe the multi-ethnic and multicultural character of the Nation;

II. Promote non-discrimination or social exclusion and the construction of an inclusive, plural, tolerant and respectful society of difference and intercultural dialogue;

III. To promote the integrality and mainstreaming of the Federal Public Administration's policies, programs and actions for the development of indigenous peoples and communities;

IV. Promote sustainable development for the rational use of natural resources in indigenous regions without risking the heritage of future generations;

V. Include the gender focus in the Federal Public Administration's policies, programs and actions for the promotion of participation, respect, equity, and full opportunities for indigenous women, and

VI. Consult indigenous peoples and communities whenever the Federal Executive promotes legal reforms and administrative acts, development programs, or projects that significantly impact their living conditions and their environment.

Article 4. The Federal Law of ParaState Entities shall apply to the Commission in so far as it does not object to this Law.

Chapter II

Organs and Operation of the National Commission for the Development of Indigenous Peoples

Article 5. The Commission shall have a Governing Board, as the governing body; a Director General, as a management body; and an Advisory Board, as a consultation and liaison body with the indigenous peoples and society.

Article 6. The Governing Board shall be composed of:

I. The Chairman of the Board, to be appointed by the Federal Executive Director from among its members;

II. The holder of each of the following State Secretaries:

a) Governance;

b) Finance and Public Credit;

c) Economics;

d) Social Development;

e) Environment and Natural Resources;

f) Agriculture, Livestock, Rural Development, Fisheries and Food;

g) Communications and Transports;

h) of the Public Function;

i) Public Education;

j) Health;

k) Job and Social Forecast;

l) Agrarian Reform;

m) Tourism, and

III. The Chairman of the Advisory Board, and

IV. The Director-General of the Commission, only with the right to speak.

In cases referred to in section II, each owner member shall have an alternate who must have a hierarchical level of Deputy Secretary of State. The members referred to in fractions I, II and III shall have the right to vote. The President may invite the person he considers to be relevant in relation to the matter to be dealt with, only with a right to speak.

Article 7. The Governing Board shall hold regular sessions at least four times a year and the extraordinary sessions proposed by its President or at least three of its members.

Article 8. The Governing Board will be validly biased with the assistance of at least half of its members. The resolutions shall be taken by a majority of the votes of the members present, with their President voting of quality in the event of a tie.

Article 9. The Governing Board, in addition to the powers conferred on it by Article 58 of the Federal Law on ParaState Entities, will have the following:

I. Approve the Commission's annual draft budget and its annual operational programme, on a proposal from its Director General;

II. Define the criteria, priorities and goals of the Commission;

III. Define the guidelines and criteria for the conclusion of agreements and agreements for collaboration, coordination and consultation with the agencies and entities of the Federal Public Administration, with state and municipal governments and with social and private sector organisations;

IV. Approve, without requiring authorization from the Secretariat of Finance and Public Credit, the budgetary adjustments to the Commission's programs that do not imply the affectation of their total amount authorised, investment resources, projects financed with external credit or the fulfilment of the objectives and goals committed;

V. Decide the use and destination of authorized resources and the application of surplus revenue;

VI. Authorize the opening of financial investment accounts;

VII. Authorize the distribution criteria, on a proposal from the Director General, of the total additional resources that are approved, if any, in the Federation's Budget for the development of indigenous peoples and communities;

VIII. Approve the Career Professional Service Statute, on a proposal from the Director General of the Commission;

IX. Approve, on a proposal from the Director-General of the Commission, the unconcentrated administration of functions, programmes and resources;

X. Approve the provisions and criteria to rationalize administrative expenditure and authorize the identified expenditures as expenditure subject to rationality criteria, and

XI. Approve the Commission's Organic Statute.

Article 10. The Director General of the Commission will be appointed and removed by the President of the Republic, who will be directly dependent, and must meet the requirements of the Article 21 of the Federal Law of ParaState Entities.

Article 11. The Director-General of the Commission, in addition to the powers and obligations conferred upon it by Article 59 of the Federal Law on ParaState Entities, shall have the following:

I. Celebrate and grant all kinds of acts and documents in respect of the object of the Commission;

II. Exercise powers of domain, administration, litigation, and collections, even those requiring special clause. In the case of any domain acts, the prior authorisation of the Governing Board shall be required;

III. Grant, replace, and revoke general and special powers with the powers that you are responsible for, including those requiring special authorization or clause;

IV. Formulate complaints and complaints and propose to the Governing Board the legal pardon, where appropriate, as well as to appear on its own initiative, as well as the lower hierarchical immediate, to absolve positions in terms of the applicable procedural law;

V. Exercise and desist from legal proceedings, including in matters of protection;

VI. Celebrate transactions in judicial matters and commit matters in arbitration;

VII. Formulate, in respect of matters within its jurisdiction, the draft laws, regulations, decrees, agreements and orders of the President of the Republic;

VIII. Run the Government Board agreements;

IX. Give the Board of Government the proposals of the Advisory Board of the Commission;

X. Exercise the Commission's budget subject to applicable laws, regulations and administrative provisions;

XI. Subscribe and negotiate credit titles, as well as process and obtain letters of credit, subject to the authorization of the Governing Board subject to the legal and legal provisions applicable administrative;

XII. Elaborate and present the Organic Statute and the Staff Regulations of the Career Service, for approval by the Governing Board; approve the Rules of Operation and the internal rules for substantive programmes, as well as their amendments; and issue the Commission's organisation, procedure and service

;

XIII. Agreed to the Commission's general working conditions;

XIV. Provide the information that is requested by the public stewards;

XV. Report to the Governing Board on the exercise of the powers that this article grants to it, and

XVI. Those that confer upon you the applicable ordinances and the others that, on the basis of this Law, delegate to you the Governing Board.

Article 12. The Commission will have an Advisory Board, made up of:

I. Representatives of the indigenous peoples, in accordance with the applicable legal provisions arising from Article 2o. of the Political Constitution of the United Mexican States;

II. Representatives of national academic and research institutions, specialists in indigenous matters;

III. Representatives of social organizations working with indigenous communities;

IV. The members of the boards of the Indigenous Affairs Commissions of both Houses of the Union Congress, and

V. A representative for each of the governments of the federal entities where indigenous peoples and communities are settled.

The members referred to in fractions I to III shall be appointed in accordance with the regulations issued by the Governing Board, and their legitimate expectations must be guaranteed. representativeness.

In the composition of the Council there will always be a majority of indigenous representatives.

Article 13. The Advisory Council of the Commission will review, review and make proposals to the Governing Board and the Director General on policies, programs and public actions for the development of indigenous peoples. The Advisory Council shall be held on a quarterly basis and shall be chaired by an indigenous representative, democratically elected in plenary session of the Council.

Article 14. The Commission shall have the central administrative units and within the Republic which are necessary for the fulfilment of its object and functions.

Article 15. The assets of the Commission shall be integrated with:

I. The movable and immovable property assigned to it by the Federal Executive and those acquired by any legal title, and

II. The budgetary allocations, transfers, subsidies, participations, donations and legacies that you receive and, in general, with the income you obtain for activities related to your object, provided for in this Act.

Article 16. The Commission shall administer and freely dispose of its assets in the performance of its object, without prejudice to the legal provisions applicable to the decentralised bodies.

Article 17. The Commission will have a watchdog, composed of a public commissioner who owns and an alternate, appointed by the Secretariat of the Civil Service, and have the the powers granted to them by the Federal Law on ParaState Entities and other applicable legal provisions.

Article 18. The Commission shall have an Internal Comptroller, Internal Control Body, at the head of which the internal comptroller, appointed in the terms of Article 37, fraction XII of the Organic Law of the Federal Public Administration, in the financial year of its powers shall be assisted by the holders of the areas of audit, complaints and responsibilities designated on the same terms.

The public servants referred to in the preceding paragraph, within the scope of their respective powers, shall exercise the powers provided for in the Organic Law of the Federal Public Administration, the Law Federal of the ParaState Entities, the Federal Law of Administrative Responsibilities of the Public Servants and in the other applicable legal and administrative orders.

Article 19. The Commission shall have a Professional Career Service, applicable to its public servants, to be organised on the terms laid down in the Staff Regulations issued by the Governing Board.

Transient Items

First. This Law will enter into force on the forty-five days of its publication in the Official Journal of the Federation.

Second. The Law on the creation of the National Indigenous Institute, published the Official Journal of the Federation opened on 4 December 1948, while retaining the National Commission for the Development of Indigenous Peoples the legal personality and the heritage of the National Indigenous Institute.

Third. The Secretariat of Finance and Public Credit will make the necessary budgetary adjustments for the treatment of the National Commission for the Development of Indigenous Peoples as an unsectorized entity.

Fourth. The Governing Board of the National Commission for the Development of Indigenous Peoples shall issue the Organic Statute of that entity within ninety days of the entry into force of this Law.

As long as the Organic Statute is issued, it will continue to be applied by the National Institute of Indigenista, in which it does not oppose this Law; and in the absence of this law, it will be what the Governing Board will resolve.

Fifth. The Advisory Council of the National Commission for the Development of Indigenous Peoples must be installed within six months of the entry into force of this Law.

Sixth. The National Commission for the Development of Indigenous Peoples shall establish the Professional Career Service referred to in Article 19 within the year following the entry into force of this Law.

Seventh. Workers at the National Indigenous Institute will continue to be the National Commission for the Development of Indigenous Peoples, retaining their seniority, rights and conditions. labor.

Eighth. Within nine months of the entry into force of this Law, the offices of the Federal Public Administration will propose to the President of the Republic, within the scope of its respective competences, changes to the legal framework they deem necessary for the full development of indigenous peoples.

Ninth. The pending proceedings of the National Indigenous Institute will continue to be carried out by the National Commission for the Development of Indigenous Peoples.

Tenth. Any reference that in other legal and administrative provisions is made to the National Indigenous Institute, shall be understood as a reference to the National Commission for the Development of Peoples Indigenous.

Onceavo. Those programs of the National Indigenous Institute whose purpose is related to the powers that the Organic Law of the Federal Public Administration and other laws confer on the different dependencies and entities, will be transferred to them, with the corresponding resources, within the deadline that the National Commission for the Development of Indigenous Peoples agrees with the respective instance.

Article 2.- Reformation the VI fraction and repeals the VII fraction of Article 32 of the Organic Law of the Federal Public Administration, to remain as follows:

Article 32. (...)

I. to V. (...)

VI. Coordinate, concretize and implement special programs for the attention of the most unprotected social sectors, especially the residents of the arid areas of the rural areas, as well as the In the case of urban areas, to raise the standard of living of the population, with the intervention of the agencies and entities of the corresponding Federal Public Administration and the state and municipal governments, and with the participation of the social and private sectors;

VII. It is repealed.

VIII. to XVII. (...)

Article 3.- The first paragraph of Article 5o is reformed. of the Federal Law of ParaState Entities, to remain as follows:

Article 5o. The Mexican Social Security Institute, the State Workers ' Institute for Social Security and Social Services, the National Housing Fund Institute for Workers, the Institute of Social Security of the Armed Forces, the National Institute of Women, the National Commission for the Development of Indigenous Peoples and the other bodies of analogous structure that will be governed by its specific laws in the structures of its organs of government and surveillance, but in terms of its operation, operation, development and control, in which no specific laws are opposed, shall be subject to the provisions of this Law.

(...)

Transient

Unique.- The second and third articles of this Decree shall enter into force on the day following that of their publication in the Official Journal of the Federation.

Mexico, D.F., at 30 April 2003.-Dip. Armando Salinas Torre, President.-Sen. Enrique Jackson Ramirez, President.-Dip. Adela Cerezo Bautista, Secretary.-Sen. Lydia Madero Garcia, Secretary.-Rubicas .

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at the nineteenth day of May of two thousand three.- Vicente Fox Quesada.-Heading.-The Secretary of Government, Santiago Creel Miranda.-Heading.