Energy Democracy in Mexico: Perspectives from Human Rights

Abstract

The energy transition is a central axis of public policies and international regulatory frameworks aimed at mitigating climate change and reducing dependence on fossil fuels. However, its implementation has led to structural inequalities, particularly affecting Indigenous and rural communities that have been excluded from decision-making processes. In Mexico, large-scale energy projects have failed to ensure equitable energy access, instead exacerbating socio-environmental conflicts due to the lack of prior consultation and effective participation mechanisms (Ochoa & Graizbord, 2016; Valenzuela & Olivera, 2024). This article analyzes energy democracy in Mexico using the rights unpacking methodology, assessing its compliance within national and international legal frameworks. It argues that the energy transition cannot be limited to replacing fossil fuels with renewables but must involve a structural transformation of energy governance to guarantee citizen participation and the protection of collective rights. To this end, the study examines key legal instruments, such as the Universal Declaration of Human Rights, ILO Convention 169, the Paris Agreement, and the Mexican Constitution, as well as case studies on energy conflicts in the Isthmus of Tehuantepec, the Yucatán Peninsula, and the Tren Maya project. These cases highlight the urgent need to reform Mexico’s legal framework and strengthen distributed generation and community energy management models. Finally, the article proposes legislative reforms to establish a more equitable and sustainable energy model, ensuring that the energy transition is not merely a technical goal but a process rooted in the principles of social justice, citizen participation, and sustainability.