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Pollution of the Motagua River in Guatemala: The Poqomam Maya people’s quest for environmental justice

The Motagua River basin—Guatemala’s largest and most important river—is severely polluted with wastewater, solid waste, and other types of debris.

This is a cross-border issue because the Motagua’s polluted waters flow into the Caribbean Sea, reach the coast of Honduras, and threaten the Mesoamerican Reef System.

For decades, this has violated the rights to health, water, development, and a healthy environment of all the people living in the river basin.

In June 2025, the Poqomam Maya community of Santa Cruz Chinautla—supported by AIDA, the Indigenous Peoples’ Law Firm, and allied organizations—achieved an unprecedented legal victory to halt degradation in the basin. In response to the lawsuit it filed, a Guatemalan court ordered the municipality of Chinautla to comply with a series of obligations to curb the pollution of the area’s rivers and soil.

The government's response to the ruling has so far been limited to technical working group meetings. Meanwhile, the community continues to work toward the proper implementation of the ruling and to take other actions to defend its territory and its rights. 

 

Background 

The Motagua River, which is 486 km long, flows through 96 municipalities and 14 departments in Guatemala. It originates in Quiché, a department located in the northwest, and empties into the Caribbean Sea.

Polluting activities occur throughout the entire basin, including sub-basins and micro-basins. The largest volume of pollution comes from Guatemala City, the country’s capital, and is carried by the waters of the Las Vacas River, which in turn receives a large amount of waste from the Chinautla River.

The Chinautla River, which flows through the municipality of the same name, carries solid waste from a landfill located in Zone 3 of the capital—where trash from at least 14 municipalities in the department of Guatemala is dumped—as well as sewage generated by some 500,000 people living in the northern part of the capital, which undergoes no prior treatment.

Other sources of pollution include the numerous illegal dumps in the municipality of Chinautla, the waste that private vehicles and garbage trucks dump along the banks of its rivers, as well as the sand-mining companies—which began setting up operations in the area between 1996 and 1997—whose activities weaken the rivers' basins, causing solid waste to be more easily carried away by the river currents. 

Photo: Mayela Sánchez García.

 

The situation extends beyond national borders. Every year, the Motagua River discharges some 20,000 metric tons of plastic into the Caribbean Sea, making it one of the rivers that contributes the most plastic pollution to the ocean worldwide, according to estimates contained in a 2025 report by the Inter-American Commission on Human Rights (IACHR).

The river flows into the Mesoamerican Reef at its mouth, so pollution also threatens to degrade one of the largest and most biodiverse transboundary reefs on the planet, which spans the territorial waters of Belize, Guatemala, Honduras, and Mexico.

In addition, the contaminated water reaches the coast of Honduras and spreads into Amatique Bay, located along the eastern coast of Guatemala, affecting the Caribbean Sea.

The roots of this chronic, cross-border problem are structural. Data from the Integrated Environmental Management of the Motagua River Basin project, funded by the United Nations Development Program (UNDP), show that in Guatemala, 66% of municipal solid waste is not collected, and there is no guarantee that the remaining 34% is disposed of properly. Furthermore, of all landfills nationwide, 88.32% are illegal or lack municipal authorization.

In other words, the core issues that need to be addressed are the mismanagement of solid waste and water resources in Guatemala; noncompliance with existing regulations on wastewater discharge and the disposal and treatment of solid waste and residues; and the lack of a water law. 

 

The Poqomam Maya people's quest for justice 

The rivers of Santa Cruz Chinautla, a community of the Poqomam Maya people located just twelve kilometers from Guatemala City, have become conduits of pollution that are degrading the Motagua River.

For decades, the local population has seen its health and livelihoods—including pottery, one of the main economic activities and a source of identity—damaged due to the lack of waste management in the municipality of Chinautla and the urban area of the country’s capital, as well as the activities of sand-mining companies. 

Photo: Mario Winter.

 

Voices for the Motagua River: Olga Vázquez. 

Voices for the Motagua River: Nazario Pascual. 

 

In early 2000, the Maya community organized to stop sand mining on their territory. At that time, the companies held mining permits that remained valid through 2021 and 2022. And although the permits expired, some companies continued to operate after requesting extensions. In June 2022, the indigenous authorities of the Poqomam people began a sit-in protest in front of the Piedrinera San Luis company, which they maintained for four years.

In July 2024, the Special Rapporteur on Economic, Social, Cultural, and Environmental Rights of the IACHR visited Santa Cruz Chinautla. During his visit, traditional authorities and community members spoke about the environmental, water-related, health, economic, and cultural impacts of the pollution in their rivers.

That same year, in October, the community—with support from AIDA, the Indigenous Peoples’ Law Firm, and partner organizations—filed a lawsuit (petition for amparo) against the municipality of Chinautla over its failure to take measures to address the contamination of its rivers and soil caused by improper solid waste management and the existence of illegal landfills.

AIDA’s scientific team, together with local residents and community authorities, collected key information on illegal landfills in the area. This community science initiative supported the litigation by highlighting the severity of the pollution, demonstrating the ongoing use of such practices, and providing evidence of the municipal authorities’ failure to fulfill their legal obligations regarding waste management. 

 

Learn more about this community science initiative.

 

In June 2025, the Poqomam community won the support of the Guatemalan justice system when a constitutional court ordered the municipality of Chinautla to effectively address the claims in the lawsuit aimed at stopping the pollution of the rivers and soil in Santa Cruz Chinautla.

This is the first time a Guatemalan court has recognized a community's right to a healthy environment and its central role in finding solutions. 

 

Find out the details of the legal victory. 

 

Current situation 

Since the ruling was issued, the municipality of Chinautla has held a series of “technical working groups” with representatives from the central government, civil society, and the community. A smaller group of technical experts was later created to develop a work plan with clear goals. Several months have passed without the municipality convening these working groups.

Furthermore, in December 2025, the IACHR noted in its report Human Rights Situation in Guatemala that the Motagua River basin is facing a severe pollution crisis that has had profound impacts on biodiversity and has resulted in systematic violations of the human rights of local communities, including the Maya Poqomam people.

And in May 2026, the Ministry of the Environment and Natural Resources revoked the license of the sand mining company Piedrinera San Luis for "failure to comply with environmental commitments."

AIDA continues to monitor the implementation of the court ruling to ensure the right to a healthy environment for the Poqomam Maya community and all those living in the Motagua River basin. Meanwhile, the residents of Santa Cruz Chinautla remain organized and mobilized to improve their environment and defend their rights. 

Niña frente a un mural contra la contaminación en Santa Cruz Chinautla, Guatemala

Celebrating 7 Advances to Close Out 2017

As the year comes to a close, we're happy to share with you several recent advances we've made in the name of environmental protection in Latin America. Each project we launch or case we win is a step toward a more just region, and a healthier planet for our children. Because of your support, we:1. Saved Colombia’s Largest Coastal WetlandWe successfully petitioned Colombia to list the Ciénaga Grande de Santa Marta among the world's most at-risk wetlands, opening up the resources needed for its recovery.  Learn More2. Launched the Bolivian Environmental Justice NetworkWe founded a coalition of environmental and human rights organizations in Bolivia to support citizens’ efforts to defend the environment and those who depend on its health. 3. Campaigned to Protect Patagonia from Salmon FarmsWe petitioned Chile to investigate damage being done by salmon farm operations in Southern Patagonia, and launched a citizens’ campaign to raise awareness of the growing threat. Learn More4. Secured Healthcare for Victims of Toxic PollutionWe secured specialized medical care for residents of La Oroya, Peru, whose lives and health have long been affected by a heavy-polluting metal smelter that operates beside their homes.Learn More5. Protected Sea Turtles on the High SeasWe represented Latin American citizens and organizations in the development of a United Nations treaty to protect the shared parts of our ocean and the rich life within.Learn More6. Stimulated Divestment from Mining in a Protected WetlandWe convinced the World Bank to withdraw support from a gold mine in the Santurbán páramo, a protected ecosystem and water source for millions of Colombians. Learn More7. Advised Rural Town in the Lead-Up to a Mining BanWe provided legal advice and scientific analysis to the people of Cajamarca, Colombia, who then voted by a margin of 98% to ban all mining activities from their territory. Learn More 

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El Cacique Raoni, líder indígena brasileño, denuncia las amenazas a los derechos humanos del proyecto Belo Monte

Why I’m joining the fight for justice for Belo Monte’s victims

On April 1, 2011, the Inter-American Commission on Human Rights granted protective measures to the indigenous communities affected by a large dam in the heart of the Brazilian Amazon. It was then I first heard of Belo Monte. I was working as a human rights defender in my native country of Colombia. The Commission ordered the suspension of all permits and work related to the dam until the protection of indigenous rights was guaranteed. I remember clearly the excitement generated by the decision, followed swiftly by Brazil’s rejection of it and the imposition of their diplomatic power. Other governments of the region supported Brazil’s position with unusual solidarity, questioning the competence of the international organization to grant such measures in relation to “development” projects. Due to the overwhelming pressure, the Commission, for the first time in its history, modified its decision: it said Brazil must guarantee the life and integrity of affected populations, but that construction could continue. I’ve never understood the governments’ reaction in this case. The Commission had simply fulfilled its mandate: to avoid irreparable harm to the rights of a group of people. The project had not consulted affected indigenous communities, and lacked adequate social and environmental impact studies. It has gone on, as predicted, to cause serious damage to both the environment and human health and wellbeing. The indigenous and riverside communities, which have for generations cared for the Xingu River, have been left to deal with the impacts of a project that interrupted the flow of the river, irreversibly altering their way of life and means of subsistence.  The hope continues More than six years have passed since the case was taken before the Commission, which, as an organ of the Organization of American States, is called to protect human rights on the continent. Over this time, Belo Monte has progressed as planned and the threats of social and ecological harm have become a reality. The dam has: caused the forced displacement of more than 40 thousand people, aggravating poverty and social conflict in the area; saturated the health, education, and public safety systems in Altamira, the nearest city; violated the right to adequate housing for thousands of families; and increased violence against human rights defenders. It caused and continues to cause damage to the Amazon rainforest, worsening climate change and its impacts. Despite the setbacks, the hope of achieving justice for affected people has grown over time as well. In September, I became the Senior Attorney for AIDA’s Human Rights and Environment Program. As such, I’m involved with our case before the Commission.  I’m honored to have joined an organization that, in alliance with local organizations, has dedicated years to ensuring that the people of the Xingu get reparation for the damages they’ve suffered, and is working to create new standards for environmental and human rights protections in the region. In 2010, AIDA and our allies requested precautionary measures from the Commission. One year later, we filed a formal complaint against Brazil regarding the human rights violations related to Belo Monte. In December 2015, the Commission opened the case for processing. On October 31 of this year, the Commission gave new impetus to the litigation process against Brazil: it decided to unite two stages that, as a rule, are processed separately. In the first, the necessary aspects regarding admissibility of the case are verified. In the second, a fundamental decision is made that analyzes whether a State failed to comply with the international obligations it undertook when signing the American Convention on Human Rights. The petitioners must present the allegations of human rights violations, and the State their responses to them. The Commission will then issue a decision on the case’s admissibility as well as its merit. Their recent exception will expedite the process of reaching that decision. We’re working for the Commission to issue recommendations to Brazil to repair the violations committed. If those recommendations are unfulfilled, the case may be referred to the Inter-American Court of Human Rights, which has the power to issue a ruling condemning Brazil and recommending reparation measures. Valuable lessons Belo Monte is, without a doubt, a lesson for the continent. The case shows that projects of this type are environmentally unviable and generate irreparable damage to human rights. Belo Monte also shows that States must rethink their energy models and turn their efforts toward promoting truly clean and sustainable energy. It’s a warning sign for financial institutions to avoid investing in projects with negative socio-environmental impacts. Finally, it’s an opportunity for the Inter-American Human Rights System to establish a valuable precedent that will hopefully help avoid a similar situation from happening again.  On behalf of AIDA, I’m proud to be contributing to the fight for a healthy environment in this and many other cases. Our journey is just beginning.   

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When nature is your best client

AIDA’s attorneys both hail from and live in Latin America, fostering a profound respect for the region’s natural environment and those who depend so intimately on it. They’re turning their knowledge into action, and working to protect communities and ecosystems vital to their national heritage.    Uniting the environmental community in Bolivia Claudia believes in environmental justice. “If people are not guaranteed quality of life and an adequate natural environment, their basic human rights are being violated,” she said. This belief led her first to study law and then to work on behalf of civil society to promote the production of healthy, pesticide-free food. Small-scale agriculture, with less environmental impact and more community benefits, is what Claudia remembers best when she thinks of her childhood in Cochabamba, Bolivia. There were gardens behind every house. From a very young age, she grew berries and always had apples, figs, guava, and other fresh fruit on hand. But with urbanization, the valley where she grew up became a city, and buildings replaced the lush green landscape. “It was a complete shock to see these changes made in the name of progress.” Claudia knows that her contribution to a better world will come from environmental law, and that she will have a greater impact by reaching more people. That’s why she joined AIDA’s Freshwater Program, where she offers free legal support to governments, communities, and local organizations. One of Claudia’s greatest achievements has been to successfully unite isolated efforts across Bolivia to confront common environmental problems. This year Claudia oversaw the formation of the Environmental Justice Network of Bolivia, a space for organizations and individuals to develop joint strategies for environmental protection. As their first big event, the Network organized a two-day forum on how to achieve justice for damages caused by mining operations. “I’ve seen the ways that Bolivia’s indigenous peoples understand the world, and how they relate with Mother Earth. In cities, nature is seen as an object; for the indigenous, it’s the common house we must care for because it provides us with everything we have. I’ve made this vision my own.”  Protecting coral reefs in Mexico   Camilo’s first interaction with the ocean took place in Boca del Cielo, a remote beach on the coast of Chiapas, Mexico where a stream meets the sea. There, he played in the waves and ate seafood, saw his first sea turtle, and watched the monkeys and birds play in the tall mangroves.     During his childhood in San Cristobal de la Casas, his father taught him to swim against the current in the Cascadas de Agua Azul, an important natural reserve.    “My father loves nature and has always transmitted that feeling to my brothers and me,” said Camilo, who now lives with his son Emiliano en La Paz, Baja California Sur.    Living in a coastal city has given him a newfound appreciation for the ocean and its vital connection to our land. Camilo applies this understanding to his work as an attorney with AIDA’s Marine and Coastal Protection Program.    He is working, for example, to save the Veracruz Reef System, the largest coral ecosystem in the Gulf of Mexico, which serves as a natural barrier against storms and hurricanes and is a source of livelihood for fishing communities.    The site is seriously threatened by the expansion of the Port of Veracruz. Camilo is working so that the Mexican government respects the international treaties it has signed, which obligate the preservation of the site and the biodiversity found within.   Camilo remembers, when he studied law in Chiapas, exploring caves in his free time, to which local farmers guided him.    “Being in touch with nature often leads you to small communities who care for and revere their connection with the natural world, values you quickly come to understand and share.” Seeking the rain in Brazil If anyone knows the value of the rain, it’s the people of Paraíba State in northeast Brazil, who have for years been hit by an extreme drought. There, according to official information, the number of cities without water nearly doubled between 2016 and 2017.   “The drought has shaped our customs, our eating habits, and our culture,” says Marcella, who was born in the State’s capital city of João Pessoa. Now living in Recife, she is a fellow with AIDA’s Human Rights and the Environment Program.   Through her role as an environmental and human rights attorney, Marcella seeks to soften the effects of the drought in Paraíba. The way she sees it, she’s helping to do so through her work on the case of the Belo Monte Dam.   “Large dams are dirty energy, and they’re damaging the Amazon rainforest, a key ecosystem that regulates climate and helps ensure it rains not just in Brazil but around the world. By working on this case, I’m fighting for the existence of rain in my State,” she explained.   Last June, Marcella paid her first visit to Altamira, the city closest to Belo Monte. She spoke with people whose way of life had been destroyed by the dam.   “I met someone who used to fish, grow his own food, and sell what was left in the city; because of the dam, his island was flooded and he lost everything.”   For Marcella, there is no better way to understand the severity of the impacts of these inadequately implemented projects than to listen to those affected by them.   “It gives me a notion of reality. Helping to get justice for these people is an obligation for me. It’s the best I can do, using the tool I know best: the law.”   

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