By Roberto de la Maza Hernández

Mexico’s national policy of Natural Protected Areas (NPAs) began in 1917 when President Venustiano Carranza declared Desierto de los Leones as a national park [1]. During the six-year term of President Adolfo López Mateos (1958-1964), a Forest Law [2] was issued, which for the first time, included national parks in Mexican legislation.

During Miguel de la Madrid’s term (1982-1988), the Forest Law [3] was updated to include new types of NPAs, including biosphere reserves, to ensure the conservation of ecosystems through differentiated types of management. In 1988, the General Law of Ecological Balance and Environmental Protection (LGEEPA, Ley General del Equilibrio Ecológico y la Protección al Ambiente) [4] was issued. It incorporated the regulation of the federal NPAs and their types, including local jurisdiction’s protected areas.

In 1996, the General Law [5] was reformed, including the recognition of land conservation initiatives, through their voluntary certification. This mechanism is essential because the declaration of NPAs was facing opposition from affected landowners, local authorities, and other federal government authorities [6]. Hence, it was necessary to create instruments that allow indigenous peoples, social, public or private organizations, and other interested parties to participate in the protection of biodiversity.

Based on this provision, in 2002, Petróleos Mexicanos certified the first area in Mexico, the Jaguaroundi Ecological Park, in Coatzacoalcos, Veracruz, with 960 hectares (2,372 acres) [7]. From this moment on, different types of owners began certifying their properties voluntarily, and by 2007 there were already 160,000 hectares (395,368 acres) dedicated to voluntary conservation actions.

However, since they were not considered NPAs, they lacked the necessary legal support, which was detrimental to the incentives that their owners could receive, as well as the attention paid by the authorities. In this way, this instrument was surpassed by its social demand [8].

For this reason, in 2008, the category of Areas Voluntarily Destined for Conservation (ADVC, Áreas Destinadas Voluntariamente a la Conservación) [9] was incorporated into the General Law, thus recognizing certified properties as federal NPAs. In addition to obtaining more considerable attention from different sectors, these areas also contribute to international commitments, such as goal 11 of the Aichi Targets.

In conclusion, it is possible to appreciate the evolution of natural protected areas in Mexico, from the adoption of the most restrictive instrument, national parks [10], to the diversification and flexibility of the management categories, which led to the recognition of voluntary initiatives for the conservation of properties, through ADVC.

About the author

◆ Roberto de la Maza Hernández has a Law degree from Universidad Nacional Autónoma de México. He is currently Director of Environmental Policy at Vo.Bo. Asesores Integrales S.C., professor at Universidad del Medio Ambiente and member of the Centro Interdisciplinario de Biodiversidad y Ambiente, A.C. roberto.maza@vobopa.com 

References

[1] De la Maza Elvira, Roberto. Una historia de las áreas naturales protegidas en México Gaceta Ecológica. National Institute of Ecology. Secretariat of Environment, Natural Resources, and Fisheries. Nueva época, n ° 51. Mexico, 1999 (p.19).

[2] Published in the Diario Oficial de la Federación on January 16, 1960.

[3] Published in the Diario Oficial de la Federación on April 23, 1986.

[4] Published in the Diario Oficial de la Federación on January 28, 1988.

[5] Published in the Diario Oficial de la Federación on December 13, 1996

[6] De la Maza Hernández, Roberto. “The crisis of Protected Areas and the certification of land property as part of the solution; The Mexican case.” World Yes Forum. Bogota, 2004 (p.5).

[7] Information available in Spanish at  http://guiapemex.pemex.com/noticias/Paginas/parque-jaguarundi.aspx  , accessed on April 2, 2019.

[8] Senate. Amendments and supplements to the General Law of Ecological Balance and Environmental Protection in terms of the strengthening of property’s voluntary certification. August 2007 – May 2008. Commission of Environment, Natural Resources, and Fisheries. Senate. Mexico, 2008 (p. 20).

[9] Decree that states the amendments and supplements of various provisions of the General Law of Ecological Balance and Environmental Protection. Published in the Diario Oficial de la Federación on May 16, 2008.

[10] The second paragraph of article 50 of the General Law of Ecological Balance and Protection of the Environment establishes that in national parks “the only activities permitted are those related to the protection of natural resources, increase of flora and fauna, and activities oriented to the preservation of ecosystems and its elements, ecological research, recreation, tourism, and education.”