Within the framework of the recent constitutional reform in the area of human rights, the Mexican State institutions must apply and protect the full exercise of these rights for indigenous peoples and communities that have historically occupied its territories. Now, the Mexican Political Constitution recognizes and conceives of individual guarantees as inherent human rights for all persons which are exercised in principle on an individual level. The collective exercise of these rights in Mexico evolve from and devolve precisely to the indigenous peoples and communities who have had and continue to have an inalienable right, not subject to a statute of limitations, to own their territory and the preferential access to the natural resources of the lands they occupy.
On a related note, the reform to Article 1 of the Constitution guarantees beyond a shadow of a doubt indigenous peoples' exercise of the human rights established in the international human rights mechanisms which have been previously accepted and ratified by the Mexican State. The pro-person principle recognized by the legislation itself should be applied in favor of the indigenous peoples and communities when common law presupposes a risk for the exercise of their human rights in a collective fashion.
The Choréachi and Coloradas de la Virgen indigenous communities in the municipality of Guadalupe y Calvo, Chihuahua, to whom the Alianza Sierra Madre, A.C. has provided accompaniment and legal assistance since 2007, demand the exercise and respect of their human rights in relation to their territory and the preferential access to their natural resources before the Joint Agrarian Tribunal of District V based in Chihuahua City.
In strict compliance with the constitutional reform published in the Official Journal of the Federation on June 10, 2011, the indigenous community of Coloradas de la Virgen demands that its right to free, prior, and informed consent be guaranteed and respected in light of the implementation of the forest-use permits authorized by the state delegation of SEMARNAT in Chihuahua to its territories.