Eleanor Finch
The Mexican Constitution of 1917, still in force almost 100 years later, has 137 articles that define citizenship, organise a government, mandate land reform, and enumerate basic human rights for all Mexicans. Article 27 of the Constitution of 1917, influenced by Andrés Molina Enríquez, mandated that lands taken from the peasantry during the Porfiriato had to be returned, even without written titles. It also prevented foreigners from owning land within 100km of a national border or 50km of the sea. The Constitution of 1917 is the first such document in the world to set out social rights, serving as a model for the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918.
| Characteristics | Values |
|---|---|
| Land ownership | The property of all land and water within national territory is originally owned by the Nation, which has the right to transfer ownership to individuals, thereby constituting private property. |
| Expropriation | Authorized only in the public interest and subject to payment of compensation. |
| Foreign ownership | Foreigners are forbidden from owning land within 100 km of a national border or 50 km of the sea. |
| Land reform | The constitution mandates land reform, including the return of lands taken from the peasantry during the Porfiriato, even without written titles. |
| Human rights | All individuals are entitled to the human rights granted by the constitution and international treaties signed by Mexico. |
| Social rights | The constitution sets out social rights, including the right to education, labor rights, and the right to organize and strike. |
| Anticlericalism | The constitution includes anticlerical restrictions on the Roman Catholic Church, limiting its economic power and political rights. |
| Indigenous rights | Indigenous communities have preferential use of natural resources and the right to elect indigenous representatives for the town council. |
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What You'll Learn
Land redistribution
The Mexican Constitution of 1917, which is still in force, outlines the country's commitment to land reform and redistribution. It was a culmination of the Mexican Revolution, aiming to address the unequal distribution of land ownership. The constitution recognises the importance of land redistribution in empowering peasants and indigenous communities, who had lost land during the Porfiriato.
Article 27 of the constitution is a key component, mandating the return of lands taken from the peasantry during the Porfiriato, even without written titles. It also gave the government the power to repurpose land not used "appropriately" for the public good. This article, influenced by Andrés Molina Enríquez, sought to address Mexico's unequal land tenure system. Molina Enríquez's work and background provided a unique perspective on the issue, and his ideas were incorporated into the constitution.
Article 27 also included provisions to limit foreign land ownership, preventing foreigners from owning land within 100km of national borders or 50km of the coast. This was further reinforced by Article 14, which restricted foreign ownership and ensured that only Mexicans by birth, naturalisation, or Mexican companies could acquire land ownership.
The constitution also aimed to improve the conditions in rural areas, promoting agriculture and forestry to ensure optimal land use. It also recognised the importance of indigenous communities, granting them preferential use of natural resources in their inhabited areas, except for strategic resources.
However, in 1992, there were significant revisions to the constitution, including modifications to Article 27, which ended land redistribution and strengthened private property rights.
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Foreign ownership restrictions
The Mexican Constitution of 1917, which is still in force, defines citizenship, organises the government, mandates land reform, and enumerates basic human rights for all Mexicans. It also specifies the freedoms of foreigners residing in the country. Article 27 of the Constitution divides large haciendas into ejidos, which are held jointly by local entities and national ownership of the national subsoil. It also mandates that lands taken from the peasantry during the Porfiriato must be returned, even without written titles. The government could also take all land not used "appropriately" and repurpose it for the public good.
Article 27 also forbids foreigners from owning land within 100 km of a national border or 50 km of the sea. This area is known as the "Restricted Zone". Foreigners may not own land subject to ejido or communal ownership regimes, but they may lease such properties for productive activities. However, in the case of ejido land, if one complies with certain requirements, it is possible for foreigners to acquire legal title to the property.
Foreigners can acquire indirect title to land in the Restricted Zone through a Mexican corporation or a bank trust (fideicomiso). A fideicomiso is a three-party contract in which the seller irrevocably transfers the real property to a bank so that a third party can use and enjoy the property. The Mexican corporation or bank trust must comply with the Calvo Clause, which states that foreign investors are considered Mexicans with respect to the property and cannot invoke the diplomatic protection of their country of origin regarding their real property rights.
The Foreign Investment Law permits trusts for up to 50 years, and such permits can be renewed. There can be more than one beneficiary of the trust, and beneficiaries have the right to change banks if they are not satisfied with the current one.
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Indigenous land rights
The Mexican Constitution of 1917, still in force almost 100 years later, defines citizenship, organises a government, mandates land reform, and enumerates basic human rights for all Mexicans. The Constitution recognises that the Mexican nation is multicultural and based originally on its indigenous peoples. It defines an indigenous community as a cultural, economic, and social unit settled in a territory that recognises its own authorities according to their customs.
The Constitution establishes a land tenure system that recognises communal landholdings as 'social property' under the names of ejido (communal landholdings granted to organised groups of claimants) and comunidades agrarias (often granted to groups of claimants who produced evidence of dispossession of their lands). Indigenous communities have preferential access to the natural resources in the areas they inhabit, except for strategic resources defined by the Constitution. The rights to these resources are to be exercised while respecting the forms of property ownership and land possession established in the Constitution and in the laws on the matter, as well as respecting third parties' rights.
Indigenous peoples have the right to self-governance and self-determination, and they have the right to elect their authorities or representatives to exercise their own form of internal government, guaranteeing the right to vote and be voted for by indigenous men and women. Indigenous communities must be recognised by the constitutions and laws of the states, and indigenous peoples must be consulted while preparing the National Development Plan, state plans, and local plans, with their recommendations and proposals incorporated where appropriate.
The Constitution also establishes that all people have the right to privacy and protection of their personal data.
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Private property rights
The Mexican Constitution of 1917, which marked the culmination of the Mexican Revolution, outlines the country's approach to land ownership and private property rights. According to Article 27, lands that were confiscated from the peasantry during the Porfiriato had to be returned, even without written titles. This article also gave the government the authority to seize land that was not being used appropriately and repurpose it for the public good. Additionally, it prohibited foreigners from owning land within 100 kilometres of a national border or 50 kilometres of the sea.
The Constitution establishes that the property of all land and water within national territory is originally owned by the nation. The nation has the right to transfer this ownership to private individuals, thus creating a system of private property rights. Expropriation is permitted only when it serves the public interest, and fair compensation must be provided.
The Constitution also recognises the importance of protecting human rights, including the right to privacy. It states that no person shall be disturbed in their private affairs, family, papers, properties, or invaded in their home without a written order from a competent authority, duly explaining the legal cause for such an action. This provision safeguards the privacy and property rights of individuals.
In addition, the Constitution addresses the issue of subsoil ownership, asserting national ownership of the subsoil and specifically mentioning the exclusive ownership of subsoil hydrocarbons. This aspect further emphasises the nation's control over natural resources and the land.
Furthermore, the Constitution grants indigenous communities preferential use of the natural resources in the sites they inhabit, except for strategic resources defined by the Constitution. This provision aims to empower indigenous communities and ensure their participation and political representation. Overall, the Mexican Constitution of 1917 seeks to balance private property rights with the public good and the protection of human rights.
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Water resource management
The Mexican Constitution of 1917, which is still in force, has 137 articles that define citizenship, organise a government, mandate land reform, and outline basic human rights for all Mexicans. The constitution recognises the legal capacity of farming cooperatives and communal land and protects their ownership over the land, whether for human settlements or productive activities.
With regards to water resource management, the constitution states that the Nation has direct ownership of all land and water within national territory and has the right to transfer this ownership to private persons, thereby constituting private property. Underground waters may be brought to the surface by artificial works and utilised by the owner of the land. However, if it is in the public interest or if it affects other users, the Federal Executive has the power to regulate its extraction and utilisation and even establish zones where underground water extraction is prohibited.
The constitution also addresses the monopolisation of national lands, waters, and natural resources by a single person or company. It declares that all contracts and concessions executed by previous governments since 1876 that have resulted in monopolisation are subject to review, and the President of the Republic is empowered to declare them null and void if they imply serious damage to the public interest.
Furthermore, the constitution outlines the need to preserve and restore the ecological balance, manage public lands and communities, secure the development of small rural properties, and prevent the destruction of natural resources. The State is tasked with implementing actions to improve the quality of life in communities, regulating the exercise of indigenous peoples' rights over their land and water resources, and promoting agriculture, ranching, and forestry.
Overall, the Mexican Constitution of 1917 provides a framework for water resource management that aims to balance private ownership, public interest, ecological preservation, and the well-being of rural communities.
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Frequently asked questions
Article 27 mandated that lands taken from the peasantry during the Porfiriato had to be returned, even if they did not have written titles. It also gave the government the power to take land not being used "appropriately" and repurpose it for the public good. It also forbade foreigners from owning land within 100km of a national border or 50km of the sea.
Before the 1910 Mexican Revolution, most land in post-independence Mexico was owned by wealthy Mexicans and foreigners, with small holders and indigenous communities possessing little productive land. During the colonial era, the Spanish crown had protected indigenous communities, but in the 19th century, Mexican elites consolidated large landed estates (haciendas) while small holders engaged with the commercial economy.
The 1917 Constitution recognised villages' rights to land and the power of the state over subsoil rights. It also laid the foundation for land reform in Mexico, with the state gaining more control over land ownership and limiting the right to sell communally-held ejido lands.
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