Just 129 people from the Nahua community of Tecoltemic, in the Sierra Norte region of Puebla, fought for years to have two concessions granted by the government, without consulting them, to the Canadian mining company Almaden Minerals canceled. These concessions threatened to level hillsides, poison the water, and wipe their community off the map. They waged a legal battle and, against all odds, won.

Tecoltemic has no “welcome” sign or any indication of its name. To get there, you have to travel along roads that, from a distance, look like narrow snakes winding their way through the mountains. Among bushes and agave plants, a few houses sprout from the earth beneath a clear blue sky. There, in the Sierra Norte of Puebla, almost invisible, lies this small Nahua community of just 129 inhabitants that achieved the unthinkable: expelling a mining giant from its territory.

It was March 22, 2022, the day the communities celebrated the decision of the Supreme Court of Justice of the Nation (SCJN) to cancel concessions 219469 and 233434, corresponding to the Cerro Grande and Cerro Grande 2 mining lots, granted to the Canadian company Almaden Minerals to exploit the minerals of the region in a project that affected Tecoltemic and eleven other neighboring communities in the municipality of Ixtacamaxtitlán.

The words of Itzel Silva, a lawyer for the organization Fundar, echoed in the ejido’s multipurpose court, whose surroundings are covered with maguey plants and apple trees, and cornfields between March and September: “This sets a precedent for Tecoltemic and for the communities of Ixtacamaxtitlán, but also for other indigenous towns and communities in Mexico that have been fighting for their territory.”

The legal battle began seven years earlier, in 2015, when the Tecoltemic ejido, backed by communities in the municipality of Ixtacamaxtitlán and the surrounding region, and supported by lawyers from Fundar and the Tiyat Tlali Council, filed an injunction to cancel the mining licenses. Minera Gorrión, the Mexican subsidiary of Almaden Minerals, held two concessions covering more than 14,000 hectares of land and hills where, they claim, there is a massive gold and silver deposit. They intended to establish an open-pit mine to extract the metal. From the moment they arrived, the company began hiring local people, persuading residents to sell their land, and promoting the supposed benefits of the project.

The older residents of the ejido recall that helicopters were flying over the area as early as the late 1990s, and it was said that “they were miners exploring” the area. Later, they learned that the Ministry of Economy had granted two concessions to the mining company in 2003 and 2009. By 2012, the company already had a presence in Villa de San Francisco Ixtacamaxtitlán, the municipal seat, with offices and staff.

The origin of the resistance

Thania Marreros, a 26-year-old resident of Tecoltemic, land defender, and community communicator, says the presence of the mine has been a constant throughout her life. She recounts that she wasn’t even born yet when the company was already making its first exploration visits and beginning to establish itself in the communities.

“The Ministry of Economy granted the two permits or concessions, as they call them. What was going to happen to us or to our lands? Who were these people who didn’t look like the people of the region? Tall, white, moving around in white 4x4 trucks, always in a group,” Thania recalls.

It recounts that from the beginning the community’s rights were violated: no information session was ever held and the constitutional right to land and territory was transgressed, as well as Convention 169 of the International Labour Organization (ILO), which defines the responsibilities of States to protect and guarantee the rights of indigenous peoples, including the obligation to carry out prior, free and informed consultation with communities on measures that affect them.

Nor was there any outreach to the 129 residents to explain the consequences of a mega-project for gold and silver mining, which uses a toxic substance like cyanide to separate the precious metals from the rock. On the contrary, the mining company gradually infiltrated the daily lives of the nearly 26,000 inhabitants of the mountain municipality of Ixtacamaxtitlán.

The community began to notice its presence without any prior information. Almaden Minerals negotiated with the government and began operations without warning the residents about the risks of an open-pit mine: water and soil contamination, and negative impacts on the health of humans and animals. The mining operation uses approximately 38,000 tons of explosives, which generate greenhouse gases and violate safety regulations due to their proximity to homes. Furthermore, the mine required 5.3 million liters of water daily for the first four years, increasing to 11 million liters daily for the following ten years.

The chemicals used in drilling are highly dangerous, as they are used to wash metals and then run off into ravines, rivers, and springs; in addition, drilling contaminates aquifers, alters the course of springs, and leaves the community without water available for irrigation and cultivation.

For a long time, the mining company focused on buying people’s sympathy, dividing families, neighbors, and communities. The company awarded scholarships to students, provided materials for public works, and even organized recreational trips for families. Added to this was the expectation among residents that they would find employment. For this reason, many insisted on supporting the project. But in 2016, a group of residents who had already become advocates visited Carrizalillo, Guerrero—located more than 400 kilometers from the Sierra Norte de Puebla—where Equinox Gold, one of the country’s most famous gold mines, is located, and there their doubts were dispelled.

“In Carrizalillo, they saw what our future could be if we didn’t do something,” Thania says. “Open-pit mining isn’t seen as traditional underground mining. Today, a huge amount of explosives are used to fracture the hills from the inside, blowing up trees, animals, vegetation—everything. Where there was once a hill, now there’s only a deep hole.”

“What good is it to pave our streets, fix them up, and build us houses? If by tomorrow they’re going to be ghost towns, why?” wondered Alejandro Marreros, leader of the movement in Tecoltemic and Thania’s uncle.

Little by little, more people understood the importance of defending the land. Thus, Alejandro recalls, in 2013, the 12 villages of Ixtacamaxtitlán formed the Union of Ejidos and Communities in Defense of Land, Water, and Life, Atcolhua. Having a collective allowed them to have “a structure, a committee, and people who could energize the organizational and defense work in the communities,” says Alejandro.

“We began to feel supported in a struggle that many thought would be impossible,” Thania recalls.

The court battle

It was in 2015 that the Nahua community of Tecoltemic, supported by other communities and organizations, decided to take the fight to the legal arena to revoke the company’s permits and end the threat to their territory. The ejido (communal landholding) filed an injunction against the Ministry of Economy for granting the two concessions without prior, free, and informed consultation, for violating the rights of the indigenous community by failing to respect their right to decide on the territory they inhabit. They also argued the unconstitutionality of several articles of the Mining Law, considering that it prioritizes corporations over people and the environment.

In the words of lawyer Diana Pérez, “these two concessions, which are nothing more than a simple piece of paper, grant rights over the use of water and land, and give preference to mining over any other activity.” Since the company received the permits, it has carried out various exploration activities; therefore, investigations have been opened for environmental crimes, and the mining company has been ordered to respect the rights of the indigenous communities of the Sierra Norte region of Puebla, particularly in the municipality of Ixtacamaxtitlán, she explains.

The company’s reaction was to seek legal protection to avoid fulfilling its obligation to respect their rights, which, according to Pérez, “demonstrates its inability to see the importance of the land and territory for the indigenous peoples of the Sierra Norte de Puebla. But it’s not surprising.”

The conflict with Almaden Minerals escalated due to the uncertainty surrounding the legal resolution. Tensions were rising in the municipality: while those who supported the project accused the opposing residents of hindering job creation, the media narrative slanted in favor of the company and criminalized the land defenders.

In February 2022, the First Chamber of the Supreme Court of Justice of the Nation (SCJN) granted Tecoltemic an injunction, which at that time had 129 registered residents. In July, the Ministry of Economy declared the concessions “invalid,” meaning they had been canceled. The following year, in February 2023, the Ministry determined that it was not possible to grant the concessions to the Canadian company because they did not comply with the Mining Law. Months later, in April, the Second District Judge for Civil, Administrative, and Labor Matters and Federal Trials in Puebla upheld the SCJN’s ruling .

To celebrate the ruling, a big party was organized in Tecoltemic, which was attended by residents of neighboring communities and members of allied organizations such as Fundar, the Center for Studies for Rural Development (Cesder) and the Mexican Institute for Community Development (Imdec).

“It was also to recognize the work of those who spearheaded the struggle, both at the community level and in the legal defense. The band prepared awards to present to the organizations, and to Itzel and Diana as our lawyers. There was barbecue, mole, music, dancing; there was a lot of dancing, and a lot of pulque. It was a very emotional moment that allowed the whole band to reunite,” Thania recalls.

After being expelled from Ixtacamaxtitlán, Almaden Minerals initiated legal proceedings against the Mexican state, demanding $200 million in compensation for the project’s cancellation. The federal government then began an assessment of the area where the concessions were located. However, the community of Tecoltemic and all the surrounding villages have insisted that their struggle is not against the Canadian company, but rather to preserve life and their territory.

As lawyer Diana Pérez said on March 22, 2022, the day they celebrated the victory of the community struggle: “The law is made by the people and it is to defend life. Thank you, comrades!”

This story is the written version of the podcast “Puebla: A People’s Struggle to Exist,” whose research and script were produced by Radio Tsinaka. It is part of the series “Journalism of the Possible: Stories from the Territories”—a project by Quinto Elemento Lab, Redes AC, Ojo de Agua Comunicación, and La Sandía Digital—which can also be heard here: https://periodismodeloposible.com/ .