Maya community rights and legal protections in Mexico

The Supreme Court of Justice of the Nation (SCJN) has issued several rulings involving the rights of Maya communities in Mexico.

In Campeche, the Court ordered federal, state, and municipal authorities to protect the water supply for 17 Maya communities in Hopelchén. This decision follows a six-year legal dispute regarding glyphosate and other pesticides in local aquifers. The Court applied the principle of ‘in dubio pro natura’, stating that a lack of absolute scientific certainty should not delay protective measures when environmental risks are present. This ruling recognizes water as essential to the collective rights and cultural continuity of these indigenous groups.

In a separate matter, the SCJN has addressed the use of Maya cultural heritage by Grupo Xcaret. While the Court denied a definitive suspension that would have blocked the company’s websites, it revoked a lower court ruling that had allowed Xcaret to maintain its digital presence during litigation. The Court determined that a contract between Xcaret and the Gran Consejo Maya did not constitute sufficient legal authorization from the Maya people, who are considered the collective owners of their cultural heritage.

Following requests from Ministers Lenia Batres Guadarrama and Irving Espinosa Betanzos, the SCJN has agreed to reassume jurisdiction to analyze the merits of the dispute. The Court will determine if Xcaret’s contract with the Gran Consejo Maya is sufficient to authorize the use of indigenous iconography, or if the company must consult the various communities and authorities that constitute the Maya people. This case stems from June 2022 complaints filed with the National Institute of Copyright (Indautor) regarding unauthorized use of cultural heritage.