Law-General Of Linguistic Rights Of Indigenous Peoples

Original Language Title: Ley General de Derechos Lingüísticos de los Pueblos Indígenas

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EXECUTIVE BRANCH

GENERAL LAW ON LANGUAGE RIGHTS OF INDIGENOUS PEOPLES

Official Journal of the Federation March 13, 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 GENERAL CONGRESS OF THE UNITED STATES OF MEXICO, D E C R E T A:

CREATES THE GENERAL LAW ON THE LANGUAGE RIGHTS OF INDIGENOUS PEOPLES AND REFORM THE FRACTION IV, OF ARTICLE 7o. OF THE GENERAL LAW OF EDUCATION

ARTICLE FIRST. The General Law on the Language Rights of Indigenous Peoples is created in accordance with the following text.

GENERAL LAW OF THE LANGUAGE RIGHTS OF INDIGENOUS PEOPLES

Chapter I

GENERAL PROVISIONS

ARTICLE 1. Law is of public order and social interest, of general observance in the United Mexican States, and is intended to regulate the recognition and protection of the linguistic, individual and collective rights of the peoples and indigenous communities, as well as the promotion of the use and development of indigenous languages.

ARTICLE 2. The indigenous languages are those that come from the peoples existing in the national territory before the establishment of the Mexican State, in addition to those from other Indo-American peoples, also pre-existing rooted in the national territory later and recognized for possessing an orderly and systematic set of functional and symbolic oral forms of communication.

ARTICLE 3. Indigenous languages are an integral part of national cultural and linguistic heritage. The plurality of indigenous languages is one of the main expressions of the multicultural composition of the Mexican Nation.

ARTICLE 4. The indigenous languages that are recognized in the terms of this Law and Spanish are national languages for their historical origin, and have the same validity in their territory, location and context in which they are spoken.

ARTICLE 5. The State through its three orders of government, -Federation, Federative Entities and municipalities-, in the areas of their respective competences, will recognize, protect and promote the preservation, development and use of indigenous languages national.

ARTICLE 6. The State will adopt and implement the necessary measures to ensure that the mass media disseminate the reality and the linguistic and cultural diversity of the Mexican Nation. In addition, it will allocate a percentage of the time available to the mass media, in accordance with the applicable legislation, for the issuance of programmes in the various national languages spoken in their coverage areas, and cultural programmes in which the literature, oral traditions and the use of the indigenous languages of the various regions of the country are promoted.

ARTICLE 7. The indigenous languages shall be valid, as well as Spanish, for any matter or process of public nature, as well as for the full access to the management, services and public information. The State is responsible for ensuring the exercise of the rights provided for in this Article, as follows:

a).- In the Federal District and other federal entities with municipalities or communities that speak indigenous languages, governments In consultation with indigenous and migrant indigenous communities, they will determine which of their administrative agencies will adopt and implement the measures so that the required bodies can address and resolve the issues to be raised in indigenous languages.

(b).- In municipalities with communities that speak indigenous languages, the measures referred to in the preceding paragraph shall be adopted and implemented. in all its instances.

The Federation and the federative entities will have available and disseminate through texts, audiovisual and computer media: laws, regulations, so as the contents of the programmes, works, services aimed at indigenous communities, in the language of their corresponding beneficiaries.

ARTICLE 8. No person may be subject to any kind of discrimination because of or by virtue of the language spoken.

Chapter II

OF THE RIGHTS OF INDIGENOUS LANGUAGE SPEAKERS

ARTICLE 9. It is the right of every Mexican to communicate in the language of which he is speaking, without restrictions in the public or private sphere, in oral or written form, in all his social, economic, political, cultural, religious and any other activities. other.

ARTICLE 10. The State shall guarantee the right of indigenous peoples and communities to access the jurisdiction of the State in the national indigenous language of which they are speakers. In order to guarantee this right, in all trials and procedures in which they are part, individually or collectively, their customs and cultural specificities must be taken into account in compliance with the provisions of the Political Constitution of the States. United Mexicans.

The federal authorities responsible for the prosecution and administration of justice, including agricultural and labor, will provide what is necessary for the trials Indigenous people will be assisted free of charge, at all times, by interpreters and advocates who have knowledge of their indigenous language and culture.

In the terms of Article 5o, in federal entities and in municipalities with communities that speak indigenous languages, measures will be adopted and implemented. refers to the preceding paragraph, in the instances that are required.

ARTICLE 11. Federal education authorities and federal agencies will ensure that the indigenous population has access to compulsory, bilingual and intercultural education, and will take the necessary measures to ensure that the education system ensure respect for the dignity and identity of persons, regardless of their language. In addition, interculturality, multilingualism and respect for diversity and language rights will be promoted at medium and higher levels.

ARTICLE 12. Society and in particular the inhabitants and institutions of indigenous peoples and communities will be responsible for the achievement of the objectives of this Law, and active participants in the use and teaching of languages in the field. family, community and regional for language rehabilitation.

Chapter III

OF DISTRIBUTION, CONCURRENCY, AND COORDINATION OF COMPETENCIES

ARTICLE 13. It is for the State in its various government orders to set up institutions and carry out activities in their respective fields of competence, in order to achieve the general objectives of this Law, and in particular the following:

I. Include in the plans and programs, national, state, and municipal in education and indigenous culture policies and actions to the protection, preservation, promotion and development of the various national indigenous languages, with the participation of indigenous peoples and communities;

II. To disseminate in the national indigenous languages of the beneficiaries, the content of the programs, works and services directed to the indigenous communities;

III. Spread through the media the indigenous languages of the region to promote their use and development;

IV. Include in the programs of study of basic and normal education, the origin and evolution of the national indigenous languages, as well as their contributions to the national culture;

V. Monitor that in public and private education, interculturality, multilingualism and respect for linguistic diversity are encouraged or implemented to contribute to the preservation, study and development of national indigenous languages and their literature;

VI. Ensuring that teachers who attend bilingual basic education in indigenous communities speak and write the language of the place and know the culture of the Indigenous people in question;

VII. Promoting research, dissemination, studies, and documentation policies on national indigenous languages and their literary expressions;

VIII. Create libraries, hemerotechs, cultural centers, or other depository institutions that conserve language materials in indigenous indigenous languages;

IX. Seek to reserve a place for the conservation of the most representative information and documentation in public libraries national indigenous literature and languages;

X. Support public and private institutions, as well as legally constituted civil society organizations, to carry out ethnolinguistic investigations, in everything related to the fulfillment of the objectives of this Law;

XI. Support the training and professional accreditation of interpreters and translators in indigenous and national languages;

XII. Ensuring that institutions, dependencies and public offices are staffed with knowledge of indigenous languages required nationals in their respective territories;

XIII. Establish policies, actions and ways to protect and preserve the use of indigenous languages and cultures of indigenous migrants in the national and overseas territory;

XIV. To encourage and encourage speakers of national indigenous languages to participate in policies that promote studies that perform in the various government orders, academic and research spaces, and

XV. Instrumentation the necessary measures so that in the indigenous municipalities of the country, the information signals of official nomenclature as well as their We shall be registered in Spanish and in the original languages of use in the territory.

Chapter IV

FROM THE NATIONAL INSTITUTE OF INDIGENOUS LANGUAGES

ARTICLE 14. The National Institute of Indigenous Languages is created, as a decentralized agency of the Federal Public Administration, of public and social service, with legal personality and own patrimony, sectorized in the Secretariat of Public Education, whose object is to promote the strengthening, preservation and development of the indigenous languages spoken in the national territory, knowledge and Enjoy the cultural wealth of the Nation, and advise the three government orders to articulate the necessary public policies in the field. For the purpose of this purpose, the Institute shall have the following characteristics and attributions:

a) Design strategies and instruments for the development of national indigenous languages, in coordination with the three government orders and the peoples and communities indigenous.

b) Promote programs, projects, and actions to invigorate knowledge of national indigenous cultures and languages.

c) Expand the social field of use of national indigenous languages and promote access to their knowledge; stimulate the preservation, knowledge and appreciation of indigenous languages in public spaces and the media, according to the regulations in the field.

d) Establish standards and formulate programs to certify and accredit technicians, interpreters, translators, and bilingual professionals. To promote the training of specialists in the field, who are also knowledgeable about the culture in question, linking their activities and programs of undergraduate and graduate, as well as to graduates and courses of specialization, updating and training.

e) Formulate and perform linguistic, literary, and educational development projects.

f) Develop and promote the production of grammars, the standardization of scriptures, and the promotion of literacy in national indigenous languages.

g) Perform and promote basic and applied research for greater knowledge of national indigenous languages and promote their dissemination.

h) Conduct research to learn about the diversity of national indigenous languages, and support the National Institute of Statistics, Geography and Information Design the methodology for the realization of the sociolinguistic census to know the number and distribution of its speakers.

i) Act as a consultative and advisory body for the agencies and entities of the Federal Public Administration, as well as for the legislative powers and Judicial, the governments of the states and the municipalities, and the institutions and social and private organizations in the field.

j) Report on the implementation of the Constitution, the international treaties ratified by Mexico and this Law, in the field of indigenous languages, and to issue to the three government orders the relevant recommendations and measures to ensure their preservation and development.

k) Promote and support the creation and operation of institutes in the states and municipalities, in accordance with the applicable laws of the federal entities, according to the the presence of the national indigenous languages in the respective territories.

l) Celebrate conventions, in accordance with the Political Constitution of the United Mexican States, with natural or moral persons and with public or private bodies, national, international or foreign, in accordance with the Institute's own activities and the applicable regulations.

ARTICLE 15. The administration of the National Institute of Indigenous Languages will be in charge of a National Council, as a collective governing body, and a Director General responsible for the operation of the Institute itself. The legal domicile of the Institute will be Mexico City, Federal District.

ARTICLE 16. The National Council will be integrated with: seven representatives of the federal public administration, three representatives of schools, institutions of Higher education and indigenous universities, and three representatives of academic institutions and civil bodies that have distinguished themselves for the promotion, preservation and advocacy of the use of indigenous languages.

The representatives of the Federal Public Administration are as follows:

1).- The Secretary of Public Education, who will preside over his character as the head of the sector coordinator, based on the provisions of the Federal Law of Parastate entities.

2).- A representative of the Secretariat of Finance and Public Credit with the level of Undersecretary.

3).- A representative of the Social Development Secretariat.

4).- A representative of the Communications and Transportation Secretariat.

5).- A representative of the National Council for Culture and the Arts.

6).- A representative of the National Indigenous Institute.

7).- A representative of the Foreign Relations Secretariat.

The Director General will be appointed by the President of the United Mexican States, on the proposal of a third party presented by the National Council and will be able to remain in office. for a maximum period of 6 years; preferably native speaker of some indigenous language; with experience related to some of the substantive activities of the Institute and enjoy recognized professional and academic prestige in the research, development, dissemination and use of indigenous languages.

ARTICLE 17. The operating rules of the governing body, the administrative and operational structure, as well as the powers and rules of execution of the the governing body of the institute shall be established in the Rules of Procedure of the body and shall be issued by the National Council.

The governing body will meet every six months in an ordinary manner, and in an extraordinary manner when convened by its President; it will be integrated by most of its members, and their decisions will be taken with the majority of those present.

ARTICLE 18. For the fulfilment of its privileges, the Director General shall have the powers of domain, administration and litigation and charges, including those that require a special clause, without more limitations than the specific ones that will reach him. to impose in general the Staff Regulations or temporary regulations on the part of the National Council.

ARTICLE 19. The administrative watchdog of the National Indigenous Language Institute will be composed of a Public Commissioner Owner and a Substitute, appointed by the Secretariat of the Civil Service.

ARTICLE 20. The National Council of the National Institute of Indigenous Languages, after consulting the private studies of the National Institutes of Anthropology and History and National Statistics, Geography and Informatics, on a joint proposal of the representatives of the indigenous peoples and communities, and of the academic institutions that are part of the Council itself, will make the catalogue of the languages indigenous; the catalogue will be published in the Official Journal the Federation .

ARTICLE 21. The heritage of the National Institute of Indigenous Languages will be integrated with the goods that are immediately listed:

I. The amount that the Federal Government grants to you annually, through the Ederes Budget;

II. With the products you acquire for the works you perform and for the sale of your publications, and

III. Those acquired by inheritance, legacies, donations, or by any other title of persons or public or private institutions.

ARTICLE 22. To ensure compliance with the obligations and privileges set out in this Law and in accordance with the penultimate paragraph of Article 2 (B). of the Political Constitution of the United Mexican States, in matters of indigenous rights and culture, the Chamber of Deputies of the Congress of the Union, the Legislatures of the Federative Entities and the Councils, in the field of their respective powers, they shall set out the specific items in the discharge budgets that they approve to protect, promote, preserve, use and develop indigenous languages.

ARTICLE 23.- The labor relations of the National Institute of Indigenous Languages and their workers will be governed by the Federal Law of Workers to the State Service, Regulatory of Article 123 (B) Constitutional.

ARTICLE 24. The National Institute of Indigenous Languages and their state leaders, where appropriate, will promote the enforcement of laws that punish and penalize the commission of any kind of discrimination, exclusion and exploitation. of the native speakers of indigenous languages, or who transgress the provisions establishing rights in favor of the national indigenous language speakers, enshrined in this law.

ARTICLE 25. The authorities, institutions, servants and civil servants who contravene the provisions of this law shall be liable, in accordance with the provisions of Title IV of the Political Constitution of the United States of America. Mexicans concerning the responsibility of public servants and their laws.

ARTICLE SECOND. ..........

TRANSIENT

First. This Decree will take effect the day after its publication in the Official Journal of the Federation.

Second. The National Council of the National Institute of Indigenous Languages will be constituted within six months of the publication of this Decree in the Official Journal of the Federation. To this effect, the Secretary of Public Education will convene the directors and rectors of the schools, institutions of higher education and indigenous universities, academic institutions, including among these specifically the Center of Research and Higher Studies in Social Anthropology, as well as civil organizations to make the proposal of their respective representatives to integrate the National Council of the Institute. Received these proposals, the Secretary of Public Education, the representatives of the Secretariats of Finance and Public Credit, of the Secretariat of Social Development, of the Secretariat of Communications and Transport, of the National Council for the Culture and the Arts, from the National Indigenous Institute, from the Secretariat of Foreign Relations, will resolve on the integration of the first National Council of the Institute that will serve for the period of one year. This period shall be completed by the National Council in accordance with the terms laid down in the Staff Regulations to be issued by the first National Council within six months of its installation.

Third. The catalogue referred to in Article 20 of the General Law on the Language Rights of Indigenous Peoples must be made within the one year after the date of the establishment of the National Council of the National Institute of Indigenous Languages, in accordance with the previous transitional article.

Fourth. The first sociolinguistic census must be lifted and published within two years from the entry into force of this Decree. Subsequent ones will be lifted along with the General Population and Housing Census.

Fifth. The Chamber of Deputies of the Congress of the Union will establish within the Budget of the Federation's expenditures, the corresponding departure for the National Institute of Indigenous Languages, to meet the objectives set out in the present law.

Sixth. State congresses will analyze, in accordance with their ethnolinguistic specificities, the proper adequacy of the corresponding laws in accordance with the provisions of this law.

Seventh. In relation to section VI of Article 13 of this Law, in the event that the relevant educational authorities do not have the trained staff immediately, they will have up to two years, starting from the publication of this Law, to train the necessary personnel. In order to comply fully with that provision, the normal will include the bachelor's degree in indigenous education.

Eighth. All provisions that contravene this Decree shall be repealed.

Mexico, D.F., at December 15, 2002.-Sen. Enrique Jackson Ramirez, President.-Dip. Beatriz Elena Paredes Rangel, President.-Sen. Sara I. Castellanos Cortes, Secretary.-Dip. Adela Cerezo Bautista, Secretary.-Rubicas.

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I request This Decree in the Federal Executive Branch, in Mexico City, Federal District, ten days in March, two thousand three.- Vicente Fox Quesada.-Rubrias.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.