Land for grazing would be parcelas, then there are milpas which are smaller, tend to be closer to the village, used for growing vegetables, beans, personal maize, etc ... don't know how common this is in the north, but in our end of the country near every ejidatario has both parcela and milpa [if they haven't sold off the rights, which is now possible], plus grow quite a lot of vegetables and mangos, limones, etc on the house lots ... sounds like the company is aware of the local situation, it's up to them how well they handle it, as for grazing near drillrigs, no problem imho, just chuck a rock or two at a cow and it'll move off ... of course the pasture is damaged for a year or two around the immediate drill site, also by vehicles moving between them, and any equipment doing roadwork, this can be limited with a bit of care and foresight
' I am still trying to discern whether the alleged new President and Secretary of the Ejido per the newspaper article are in fact the current officers of this Ejido. Their seems to be some issues/impropriety over their actually being elected.'
Wouldn't be the first time there were such questions ... it would be useful to know which members of the comisariado are dissidents, might just be presidente and secretario, there will be a tesorero as well and possibly other members elected to deal with special cargos, varies with each ejido ... but there is the consejo de vigilancia as well, always three members, their job is to watch over the comisariado and report to the asamblea, which some do well and some don't, for reasons you can imagine in an ejido situation, where people live quite close together for generations and are often intermarried to great extent, though there is little if any inbreeding because that is watched closely, still the family ties are there and what people say to each other can be quite distinct from what they will say to outsiders ... meaning that, if somebody is being a whacko, they may be quite candid to them in private and say hey, you are being a whacko, but they won't necessarily want to be quoted saying that in a newspaper
In any case, the comisariado cannot make or break contracts with third parties that involve ejidal land, i just checked the ley agraria and it is clear, only asamblea can do such things -
'Artículo 23.- La asamblea se reunirá por lo menos una vez cada seis meses o con mayor frecuencia
cuando así lo determine su reglamento o su costumbre. Serán de la competencia exclusiva de la
asamblea los siguientes asuntos: [The asamblea will have exclusive authority over the following affairs;]
...
V. Aprobación de los contratos y convenios que tengan por objeto el uso o disfrute por terceros de las
tierras de uso común; [Approval of contracts and agreements that have as their object the use or enjoyment of common lands by third parties]'
diputados.gob.mx
Note ejidal structure above that, detail that follows makes it clear that the comisariado is merely an executive body charged with executing the will of full asamblea, which is supreme -
'Sección Tercera
De los Organos del Ejido
Artículo 21.- Son órganos de los ejidos:
I. La asamblea;
II. El comisariado ejidal; y
III. El consejo de vigilancia.
Artículo 22.- El órgano supremo del ejido es la asamblea, en la que participan todos los ejidatarios.'
Then the consejo de vigilancia -
'Artículo 36.- Son facultades y obligaciones del consejo de vigilancia: [authority and duty del consejo]
I. Vigilar que los actos del comisariado se ajusten a los preceptos de la ley y a lo dispuesto por el reglamento interno o la asamblea; [watch that the comisariado heeds both the law and the dispositions of asamblea]
II. Revisar las cuentas y operaciones del comisariado a fin de darlas a conocer a la asamblea y denunciar ante ésta las irregularidades en que haya incurrido el comisariado; [watch the books, count the money, report irregularities]
III. Convocar a asamblea cuando no lo haga el comisariado; [convoke asamblea when el comisariado doesn't (and they feel there is a reason to)]
y IV. Las demás que señalen la ley y el reglamento interno del ejido. [watch anything else el consejo can think of, quite open-ended, they're an audit committee, oversight body]
Anyway, in the end if the majority want a mine and jobs that come with it, and i expect it highly likely that in this case they do, since obviously they have already voted in favour in full asamblea to approve the contract, then there will be a mine, and i wouldn't worry about it, amarksp ... ejidal elections are every three years, so in two more the current bunch are gone, if they are legit and last that long, meantime they might get a little press but won't block duly agreed and proper work for long, that's illegal ... cheers |
