In its verdict, the International Tribunal for the Rights of Nature condemned the Mexican state to the definitive suspension of the Mayan Train with all its components, as well as the demilitarisation of indigenous territories, for the violations of the rights of nature and the biocultural rights of the Mayan people caused by the megaproject.
In its verdict on the hearing held in March 2023, the Tribunal held the Mexican state responsible for the violations of the rights of the Mayan communities and of nature through the “crimes of ecocide and ethnocide” involved in the construction and operation of the Mayan Train.
“This project is not just a train, nor is it properly Mayan, but rather a mega-project that extends to the entire southern border of the country, which responds to migratory, political, economic, commercial and tourism processes that emerge from imperatives of a geopolitical nature through the Inter-Oceanic Corridor that aims to interconnect the Pacific Ocean with the Atlantic in the Isthmus of Tehuantepec”, explained the Tribunal.
It pointed out that the complex to which the Mayan Train belongs will integrate economic projects, mega pig farms, renewable energy and agro-industrial projects, among others, that will install “a model based on “Development Poles” that will exacerbate the social, cultural, environmental and gender impacts, which are already being lived in the Peninsula – and whose Master Plan has never been presented by the authorities to be discussed with the affected peoples and communities”.
Therefore, the Tribunal determined that the Mayan Train “violates the Rights of Mother Earth”, established in the Universal Declaration of the Rights of Mother Earth, especially the right to life and to exist; to be respected; to the regeneration of its biocapacity and the continuation of its cycles and vital processes free of human alterations; to water as a source of life; the right to integral health; the right to be free of contamination, pollution and toxic or radioactive waste.
In addition to condemning the authorities to the definitive suspension of the megaproject, the six ethical judges who headed the Tribunal during the four-day session in Valladolid, Mérida, demanded that the State, “particularly the central government and the executive, cease the dispossession of ejido lands and the territory in general, as well as to end the persecution, threats, harassment and intimidation of nature defenders”, as well as to implement reparation measures in the affected territories and communities.
The Tribunal, which met from 9 to 12 March this year, was attended by defenders of the Mayan territory, experts, affected inhabitants and the six judges who heard the testimonies of the environmental and social impacts of the train, which has caused the deforestation of the jungle, dispossessed communities, divided their inhabitants and threatened the flora and fauna of the region.
Here is the full verdict:
The International Tribunal for the Rights of Nature held its eighth local hearing in the city of Valladolid, Yucatan, Mexico, from 9 to 12 March 2023, for the implementation of the so-called “Mayan Train”. This is a mega-project of rail transport around which a plan of territorial reordering is being developed in the Yucatan Peninsula, Mexico, which puts the ecosystems and the Mayan peoples at serious risk of destruction and ecological degradation, affecting the sustainability of their cultures and their ancestral territories. As has been demonstrated through the diverse evidence gathered by this Tribunal – among which several testimonies received at the hearing in Valladolid stand out – this project is not only a Train, nor is it properly Mayan, but rather it is a Megaproject that extends towards the entire southern border of the country, which responds to migratory, political, economic, commercial and touristic processes that emerge from imperatives of a geopolitical nature through the Inter-Oceanic Corridor that aims to interconnect the Pacific Ocean with the Atlantic in the Isthmus of Tehuantepec, integrating various economic projects, mega pig factories, renewable energy and agro-industrial projects, among others, installing a model based on “Development Poles” that will exacerbate the social, cultural, environmental and gender impacts that are already being lived in the Peninsula – and whose Master Plan has never been presented by the authorities to be discussed with the affected peoples and communities.
The so-called Mayan Train is one of the infrastructural projects that is added to and articulated with the Programme for the Development of the Isthmus of Tehuantepec, the Sembrando Vida programme, and the Mesoamerican Integration and Development Project (formerly known as Plan Puebla Panama). All these projects have aroused opposition due to their social and environmental impacts.
The Tribunal visited in situ the Mayan communities of Pisté, El Señor-Xmaben and Tihosuco, directly affected by the project, where it heard the testimonies of members of several affected Mayan communities. Likewise, together with environmental organisations that make up the “Save me from the Train” collective (made up of organisations such as SOS Cenotes and Cenotes Urbanos, as well as scientists, academics and citizens in defence of water, caves and the jungle), the Tribunal visited cenotes and caverns located in Playa del Carmen, which are already being affected by the construction of the Mayan Train. In addition, during the hearing held on Saturday 11 March at the School of Ecological Agriculture in Valladolid, Yucatán, the Tribunal heard 23 testimonies from representatives of indigenous communities in Yucatán, Campeche, Chiapas and Quintana Roo and from citizens’ and environmental organisations, and received expert reports from academics and researchers in forestry and agriculture, on aquatic and terrestrial ecosystems, biodiversity and ecological sustainability, cultural, collective, agrarian and nature rights, political ecology and environmental engineering, in relation to damage to nature, ecological risks and the impact on the culture and inalienable cultural and territorial rights of indigenous peoples. These testimonies have provided convincing and irrefutable evidence that establishes a causal link between the accusation formulated by the Land Prosecutor and the testimonial, documentary and in situ verification of the damage caused to nature and the violation of the rights of the communities. According to the minutes, it is verified that no representative of the State attended this hearing, having been legitimately invited by means of a letter delivered to the Mexican Embassy in Ecuador -headquarters of the Tribunal-, as well as by email and in person on March 7, inviting both the Government of Mexico and the State of Ecuador to attend the hearing, inviting the Government of Mexico, the National Human Rights Commission, the National Fund for the Promotion of Tourism, the Ministry of the Environment and Natural Resources, the National Institute of Indigenous Peoples, the Ministry of Urban and Territorial Development and the National Commission of Protected Areas.
Under the provisions of the Universal Declaration on the Rights of Nature, Convention 169 of the International Labour Organisation, the United Nations and Organisation of American States Declarations on the Rights of Indigenous Peoples, the Convention on Biodiversity, the Escazú Agreement, Agenda 2030 Sustainable Development Goals, and the jurisprudence issued by both the Inter-American Human Rights System and the Universal Human Rights System and by the legislation of the United Mexican States, this Ethical Tribunal, in the name of the Rights of Mother Nature, of Humanity and of the generations to come, resolves the following:
To recognise irrefutably the violation of the rights of Nature and the biocultural rights of the Mayan Peoples, who ancestrally have been and continue to be the protectors and guardians of their territory. Of their cenotes, caves and coasts; their jungles, their biodiversity and traditional crops, and the non-human beings that inhabit their ecosystems, all of which constitute crimes of ecocide and ethnocide. The Court holds the Mexican State responsible for the violation of these fundamental rights of Nature and of the Mayan People.
To declare the violation of the rights of Mother Earth, the right to life and to exist; her right to be respected; the right to the regeneration of her biocapacity and the continuation of her vital cycles and processes free of human alterations; the right to water as a source of life; the right to integral health; the right to be free of contamination, pollution and toxic or radioactive waste, all of which are recognised in article 2.1 (a) b) c) e) g) and h) of the Universal Declaration of the Rights of Mother Earth.
Condemn the authorities of the United Mexican States to the immediate suspension of the Mayan Train megaproject with all its components, as well as the demilitarisation of indigenous territories. Demand that the State, particularly the Central Government and the Executive, cease the dispossession of ejido lands and territory in general, as well as put an end to the persecution, threats, harassment and intimidation of defenders of nature.
To declare the cenotes as a subject of rights because they constitute the most important water source for the survival of the peoples, communities and species of animals and plants in the region.
As comprehensive reparation measures, the following is ordered:
To carry out an independent, inter- and transdisciplinary and intercultural audit, with the participation of the affected communities, both of the different sections of the Mayan Train project and of the Master Plan, which to date has not been presented by the competent authorities. In this regard, environmental impact assessments should be systemic and not partial, and should include not only this project, but all those planned for the area.
To repair and fully restore all ecosystems that have been affected by the execution of the Mayan Train and its collateral facilities, as well as all social impacts generated by this project in terms of communal land tenure and territories.
Suspend the processes of dispossession and expropriation of ejido land from the communities and review the processes of dispossession and expropriation already carried out.
Immediately demilitarise the territory and guarantee the lives of the people who have expressed their disagreement with the project and other programmes linked to it.
Exhortations
Exhort the companies and investors in the project to respect the collective rights of the peoples provided for in the Escazú Agreement and in the other norms established in the legal system aimed at guaranteeing the rights of the peoples.
Urge the federal Executive and Legislative:
Revise the Agrarian Law that establishes the social ownership of land, so that it is replaced by a law that contemplates the socio-ecological function of the territory in its indissoluble relationship with the sustainable cultural practices of the peoples and communities that ancestrally inhabit them.
Carry out constitutional reforms to incorporate the recognition of Nature as a subject of rights.
To carry out constitutional reforms at the Federal level to recognise Indigenous Peoples as subjects of public law.
To the Federal Judiciary:
Apply the highest national and international standards of protection in environmental matters and the rights of Indigenous Peoples in all lawsuits that have been filed against the Mayan Train Megaproject for violations of the rights of nature, water and cultural rights.
The International Tribunal for the Rights of Nature determines that the construction of the “TREN MAYA” project violates the rights of Mother Earth, established in the Universal Declaration of the Rights of Mother Earth, especially the right to life and to exist; to be respected; to the regeneration of its biocapacity and the continuation of its cycles and vital processes free of human alterations; to water as a source of life; the right to integral health; the right to be free of contamination, pollution and toxic or radioactive waste; recognised in article 2. 1 (a) (b) (c) (e) (g) and (h).
The above in relation to the rights to land, territory, natural resources, cultural integrity and self-determination, recognised in Convention 169 of the International Labour Organisation and the United Nations Declaration on the Rights of Indigenous Peoples.
This tribunal used the information gathered in the course of the field visit and meetings with local organisations and communities, as well as in the course of the hearing, and the materials and documents collected and analysed in preparation for the hearing to support its decision.
Proceedings before the Tribunal
The Assembly of Defenders of the Mayan Territory Múuch’ Xíinbal and the Mexican Civil Council for Sustainable Forestry approached the International Tribunal on the Rights of Nature on 5 June 2022 and presented the case of the impacts of the Mayan Train. On 28 June 2022, the Assembly of Judges of the International Tribunal for the Rights of Nature analysed the case presented by the communities and organisations of the province of Yucatan, and considering the seriousness and urgency of the issue due to the rapid advance of the Train, convened a session of the International Tribunal for the Rights of Nature and an in situ visit by the participating judges for the beginning of March 2023.
Tribunal hearing and visit
The Tribunal visited the communities of Pisté, El Señor-Xmaben, Tihosuco where delegates from various regions participated, and heard testimonies from Mayan indigenous communities, social collectives and environmental groups, totalling 233. The hearing took place on Saturday 11 March at the School of Ecological Agriculture in Valladolid, Yucatan, where the Tribunal heard representatives of indigenous communities and citizen groups, as well as expert reports from academics and researchers on forestry and agriculture, aquatic and terrestrial ecosystems, on biodiversity and ecological sustainability, on collective rights and the rights of nature, political ecology and environmental engineering, in relation to damage to nature, ecological risks and the affectation of the culture and inalienable rights – cultural, territorial and existential – of the communities. In addition, the judges carried out an in-situ verification of the damage caused to nature in Quintana Roo.
VI. JUDGMENT
Based on the foregoing, and in view of the evidence presented, this Tribunal decides:
I. To recognise irrefutably the violation of the rights of Nature and the biocultural rights of the Mayan People, who ancestrally have been and continue to be the protectors and guardians of their territory, their cenotes, caves and coasts; their jungles, their biodiversity and their traditional crops, and the non-human beings that inhabit the ecosystems, all of which constitute crimes of ecocide and ethnocide. The Tribunal holds the Mexican State responsible for the violation of these fundamental rights of Nature and of the Maya People.
II. To declare the violation of the rights of Mother Earth, the right to life and to exist; her right to be respected, the right to the regeneration of her biocapacity and the continuation of her vital cycles and processes free of human alterations; the right to water as a source of life; the right to integral health; the right to be free of contamination, pollution and toxic or radioactive waste, all of which are recognised in article 2.1 a) b) c) e) g) and h) of the Universal Declaration of the Rights of Mother Earth.
III. Condemn the authorities of the United Mexican States to the immediate suspension of the Mayan Train megaproject with all its components, as well as the demilitarisation of indigenous territories. Demand that the State, particularly the Central Government and the Executive, cease the dispossession of ejido lands and territory in general, as well as put an end to the persecution, threats, harassment and intimidation of defenders of nature.
IV. To declare the cenotes as a subject of rights because they constitute the most important water source for the survival of the peoples, communities and species of animals and plants in the region.
V. As measures of integral reparation it is ordered:
a. To carry out an independent, inter- and transdisciplinary and intercultural audit, with the participation of the affected communities, both of the different sections of the Mayan Train project and of the Master Plan, which to date has not been presented by the competent authorities. In this regard, the environmental impact assessments should be systemic and not partial, and include not only this project, but all those planned for the area.
b. Repair and fully restore all ecosystems that have been affected by the execution of the Mayan Train and its collateral facilities, as well as all social impacts generated by this project in terms of communal land tenure and territories.
c. Suspend the processes of dispossession and expropriation of ejido land from the communities and review the processes of dispossession and expropriation already carried out.
d. Immediately demilitarise the territory and guarantee the life, integrity and freedom of expression of the people who have expressed their disagreement with the project and other programmes linked to it.
VI. Exhortations
Urge the companies and investors in the project to respect the collective rights of the peoples provided for in the Escazú Agreement and in the other norms established in the legal system aimed at guaranteeing the rights of the peoples.
Urge the federal Executive and Legislative to:
Revise the Agrarian Law that establishes the social ownership of land, so that it is replaced by a law that contemplates the socio-ecological function of the territory in an indissoluble relationship with the sustainable cultural practices of the peoples and communities that ancestrally inhabit it.
Carry out constitutional reforms to incorporate the recognition of Nature as a subject of rights.
Carry out constitutional reforms at the Federal level to recognise Indigenous Peoples as subjects of public law.
To the Federal Judiciary:
Apply the highest national and international standards of protection in environmental matters and the rights of Indigenous Peoples in all the lawsuits that have been filed against the Mayan Train Megaproject for violations of the rights of nature, water, as well as cultural rights.
