Cancun, QRoo.- The Mexican Center for Environmental Law (cemda) revealed that Mayan communities of campeche, Yucatan and Quintana Roo filed a complaint against the refusal of the judges to suspend the works of the Mayan Train after more than two years in court.
They ensure that the decision not to grant the suspension while the dispute is being resolved violates their rights of access to justice, the right to information and consent through a process of prior, free, informed and culturally appropriate consultation.
They also allege that if it is proven that the State did not comply with its duty to obtain the free, prior and informed consent of the communities, it would no longer be possible to restore their rights since the works are advancing.
They state that according to the Zero Net Deforestation Observatorythe construction and entry into operation of the project will imply an increase in deforestation of 9,786 hectares per year.
The communities filed this appeal through the cemdawho is the one who has advised them since the beginning of the legal fight against the project.
For purposes of the resolution to be issued by the collegiate Court regarding the complaint presented, that the ex officio suspension and the suspension at the request of a party are different legal figures, with different requirements, characteristics, effects and procedures. “We insist that denying the suspension at the request of a party will leave the plaintiffs without protection, which would be violating their right of access to justice and the rights at stake in the litigation,” adds the cemda.
On behalf of the claimant communities “we call on the Magistrates and the magistrate that make up the Collegiate Court to base their resolution considering that the rights that are considered violated are of a prior nature. This means that, if the works of the Tren Maya continue until the litigation is concluded, the natural patrimony, the land and the territory in which the Mayan people live and which constitutes their way of life will have already been affected”.
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