
Mexico City | Desinformémonos. Indigenous, campesino and urban communities of Campeche, Yucatán and Quintana Roo obtained the definitive suspension of the construction of sections 5 north and south and 7 of the federal Tren Maya megaproject, after the Collegiate Tribunal in Labor and Administrative Matters of Mérida considered “that the environmental principles to guarantee the right to a healthy environment have not been complied with”, informed organizations and collectives.
The suspension is the result of an injunction filed by communities and civil organizations since July 2020, against the environmental damages caused by the Mayan Train in the Yucatan Peninsula, among which are the devastation of the Mayan jungle, the perforation and contamination of the cenotes with pylons, and the damage to the cave system caused by the construction works.
“The Tribunal based its decision on the recent criteria of the Supreme Court of Justice of the Nation (SCJN), which emphasize the need to guarantee the principles of prevention, precaution and in dubio pro natura (when in doubt, in favor of nature). In this context, it was considered that the mere existence of environmental impact and land use change authorizations is not enough to comply with these principles,” explained the organizations, among them the Mexican Center for Environmental Law (CEMDA) and Kanan Human Rights.
The suspensions are in effect in section 5 north, which goes from Cancun to Playa de Carmen; section 5 south, which goes from Playa de Carmen to Tulum, and section 7, which connects Escarcega to Chetumal, due to the lack of complete environmental studies for its construction.
In view of the court’s decision, the communities and organizations recognized that “although the suspension had the purpose of completely stopping the works of section 7 of the Mayan Train, its issuance is late”, since the project has already reached an advanced stage of execution, “which generates serious doubts about the effectiveness of the amparo trial as an effective protection mechanism”.
They added that it is “worrisome” that the Collegiate Court prioritizes economic growth, public spending and the megaproject’s budget “above the significant risks to the ecosystems and natural resources involved as a factor to determine the scope of the suspension,” as it reflects “a reductionist vision that underestimates the importance of environmental conservation and the protection of natural resources.”
However, they pointed out that the suspension is an “important advance” with which the human rights violations will be analyzed in the main trial of the injunction, which is pending without a determined date.
Below is the complete communiqué:
Indigenous, campesino, urban and coastal communities of Campeche, Yucatan and Quintana Roo, along with civil society organizations, obtained a definitive judicial suspension for the construction of sections 5 North (Cancun-Playa del Carmen), 5 South (Playa del Carmen-Tulum) and 7 (Escarcega-Chetumal) of the Mayan Train project due to the judicial authority concluding that the environmental principles to guarantee the right to a healthy environment have not been complied with.
The ruling was issued by the Collegiate Court in Labor and Administrative Matters of Merida, Yucatan, as part of the injunction filed in July 2020 against the environmental damages caused by this mega-project, which is accompanied by the TerraVida organization.
The Court based its decision on the recent criteria of the Supreme Court of Justice of the Nation (SCJN), which emphasize the need to guarantee the principles of prevention, precaution and in dubio pro natura (when in doubt, in favor of nature). In this context, it was considered that the mere existence of environmental impact and land use change authorizations is not enough to comply with these principles.
For sections 5 North and 5 South, the Court determined that, although the environmental impact statement and its authorized evaluation comply with a basic premise of the precautionary principle, it is essential to also satisfy the principles of prevention and in dubio pro natura. Therefore, the suspension has been ordert to remain in place until:
The geological, geohydrological and geophysical studies that SEMARNAT ordered as conditions 9 and 10 of the environmental impact authorization for section 5 South and its corresponding studies in section 5 North are carried out.
The results of these studies will be made public and evaluated by the environmental authority.
In the case of section 7, the Court identified that the authorization of the environmental impact assessment (EIA) was issued in a conditional manner, requiring that those in charge of the works comply with more than 12 conditions before starting the works, among them: the Technical Economic Study, the Wildlife Rescue and Relocation Program, and the Program for Prevention, Mitigation and Management of Environmental Contingencies and Conservation of the Karstic Landscape. However, to date there is no evidence that these conditions have been met.
The results of these studies are made public and evaluated by the environmental authority.
In the case of Section 7, the Court identified that the authorization of the environmental impact assessment (EIA) was issued conditionally, requiring the contractors to comply with more than 12 conditions before starting the works, among them: the Technical Economic Study, the Wildlife Rescue and Relocation Program, and the Program for Prevention, Mitigation and Management of Environmental Contingencies and Conservation of the Karstic Landscape. However, to date there is no evidence that these conditions have been met.
For these reasons, a definitive suspension was granted so that the authorities responsible for the project can prove before the Court compliance with all the conditions established in the EIS. Likewise, the Collegiate Court granted the definitive suspension for the effect that the works of the Mayan Train in section 7 are paralyzed, until the authorities in charge of the project prove before the First District Court in the state of Yucatan that they have complied with all the conditions established in the authorization as long as section 7 is not in operation.
In this context, it is important to point out that, although the suspension was intended to completely halt the works of Section 7 of the Mayan Train, its issuance is late. This delay is particularly worrisome given that the project has already reached an advanced stage of execution, which raises serious doubts about the effectiveness of the injunction as an effective protection mechanism.
It is also troubling that the Collegiate Court continues to prioritize factors such as economic growth, public spending and budget over the significant risks to the ecosystems and natural resources involved as a factor in determining the scope of the suspension. This attitude reflects a reductionist vision that underestimates the importance of environmental conservation and the protection of the natural assets that sustain life. Such an approach contravenes what has been established by the Supreme Court of Justice of the Nation (SCJN), which has stated that in cases of conflict between the right to enjoy a healthy environment and other economic or development interests, all necessary measures must be adopted to protect the environment.
Nevertheless, we recognize as an important advance that it has been deemed necessary to go into depth and analyze the human rights violations in the main lawsuit, which is pending without a set date. We also welcome the fact that it has been established that the mere existence of environmental impact and land use permits is not sufficient to comply with environmental principles or to guarantee the right to a healthy environment.
Finally, it is fundamental to call upon the Federal Judiciary, through the First Court in Merida, to analyze the merits of the case in depth, prioritizing the protection of the environment and the affected communities. It is imperative that it determine the human rights violations and ensure that the effects of the sentence are commensurate with the magnitude of the environmental impacts and damages generated by this project.
The communities and organizations of the Yucatan Peninsula continue to defend our right to a healthy environment and reaffirm that the Mayan Train is a project that violates nature and our human rights.
Original text published by Desinformemonos on January 30th, 2024.
Translation by Schools for Chiapas.