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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.
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Frustration to hope: Finding the drive to continue from those you help
By María José Veramendi Villa, senior attorney, AIDA, @MaJoVeramendi I can get frustrated in my work as an environmental and human rights lawyer. It is frustrating to explain that the work we do on cases of human rights violations may not produce immediate results. It is frustrating to know that our work is a struggle that can take years to find justice for victims and induce change in state policies and our societies. It is frustrating to watch programs designed to protect human rights come under the influence of political interests. The dearth of resources for pursuing these cases is also frustrating. So too are the long waits for justice – or injustice. So what do we do when we get discouraged? My answer is to return to the origins, the basics and the very reason for our struggle and commitment: the victims. I relearned this lesson in March. On a trip to Washington D.C., I met two Brazilian fighters for the cause of their communities: Alaíde Silva and Josías Manhuary Munduruku. Alaíde had traveled for days from Buriticupu, a municipality in the northeastern state of Maranhão, and Josías from Jacareacanga, a municipality in the northern state of Pará, to participate in a hearing (in Spanish and Portuguese) before the Inter-American Commission on Human Rights. They came to present information on how Brazilian judges are continuing to use a law from the country’s 1964-85 dictatorship to violate their right to access to justice. The law is called Security Suspension. It allows the federal government to request the suspension of judicial rulings. The government has used Security Suspension to invalidate rulings that favor the rights of indigenous peoples and other communities against the development of mega-projects like the Belo Monte hydropower dam in the Amazon. The government can do this on the basis that any adverse rulings to “development” projects are threats to national security or to social and economic order. At the hearing, Josías described an imminent threat to the Munduruku indigenous community of 11,000 people in 118 villages. The Brazilian government plans to build a hydropower complex (in Spanish) on the Tapajós River and its tributaries—and has not followed a law requiring it to consult the Munduruku and to obtain their prior, free and informed consent. He said flooding from the project threatens to devastate his people’s land and the survival of their community and culture. He explained how a judge revoked a favorable court decision for his people, allowing the project to continue in open violation of their rights. “We want respect for our land, our river, our sacred sites, our cemetery. And want to be consulted!” Josías said. Alaíde spoke about a similar plight. He explained how Vale, a Brazilian mining company, is enlarging the Carajás Railroad to the detriment of 1.7 million people in 27 municipalities in Maranhão and Pará and in at least 100 indigenous, Afro-descendants, peasant and urban communities on the banks of the railway. The railroad stretches 900 kilometers from the Carajás mines in Pará to the Ponta da Madeira Maritime Terminal in Maranhão. It transports iron, manganese, copper and coal. With the expansion, Vale will duplicate 115 kilometers of the line to increase transport capacity and the flow of minerals. Alaíde said the impacts are vast. These range from the noise pollution caused by the grinding of the train wheels on the tracks and from the train horn, to the running over of people and animals, to the displacement of communities, villages and families without fair compensation. Alaíde provided details on how Vale terrorizes the population, co-opts leaders, intimidates people and spies on social movements, all in the name of meeting its own interests. As with Tapajós, Security Suspension was used to revoke a court ruling that had favored the communities. That decision had ordered Vale to suspend construction and conduct an environmental impact assessment with a detailed analysis of all the existing indigenous and Afro-descendant communities along the railroad. But with Security Suspension, this ruling was overturned with the argument that suspending the project would affect the economic interests of the state. These are just two examples of the impact of Security Suspension. There are many more instances in which the rights of communities and people have been affected by major “development” projects justified by “economic interest, public order and safety.” We hope that cases like these will expose the impact that Security Suspension has on the human rights of hundreds of people and communities, and we hope that this will drive international organizations to call on Brazil to change this legal instrument. Thanks to everyone who worked so hard to make the hearing possible. Thanks to our colleagues in Brazil without whose work and commitment Alaíde and Josías would never have been able to make the long journey. And thanks to these two Brazilian human rights fighters for a lesson that drives away the fog of frustration and allows the sun to shine again. I want to dedicate this post to my dear former colleague Joelson Cavalcante, who recently left this world to become a being of light. With him I visited the Xingu River in the Brazilian Amazon for the first time, and I will never forget his happiness and his big smile when, after a year outside his country, he could once again swim in those waters. In his memory, the fight continues.
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COP20: A chance to fight climate change
The world is poised for more poverty, hunger and disease as flooding, heat waves, storms and droughts increase. This is how the newest report of the the United Nations Intergovernmental Panel on Climate Change describes humanity´s near future. That’s why AIDA is helping Latin American policymakers to influence decisions about climate change responses at the highest levels of international law. We’re building their capacity for influence by developing recommendations and disseminating information. This year Latin America has the best opportunity yet to put its needs on the international climate change agenda. In December, Lima will host the main session of climate negotiations, the 20th Conference of the Parties to the UN Framework Convention on Climate Change (COP20). The event’s mission is to advance the draft of a new binding climate agreement to be signed at the Paris climate conference in 2015. To make the most of this opportunity, AIDA is supporting policymakers – government officials, negotiators and members of international financial institutions – and civil society organizations. Our objectives are to help them participate more effectively in the climate negotiations, to educate them about options for improvements in international law, and to encourage them to create solutions and press their governments to take immediate action. In March, we took part in Climate Change: Progress and Prospects, an international forum held in the Peruvian Congress. Peru is considering creating a climate change bill, and at the event we shared our experiences in international climate finance. We highlighted the need for Latin American institutions to improve their ability to access funds for climate change adaptation and mitigation projects. We’re also advocating a commitment to long-term financing as a chief component of the new climate agreement that will be discussed at COP20. If countries know that economic resources will become and remain available, they can plan viable actions to help communities most vulnerable to climate change. In February, AIDA and our partner organizations held a webinar on the Green Climate Fund (GCF), a financial mechanism of the UN Framework Convention on Climate Change. The GCF was founded to mobilize large amounts of public and private money to support climate change responses in developing countries. AIDA is closely monitoring the GCF to make sure that its contribution is effective. Your renewed support will help us to do even more to generate effective international actions that reduce the severity of climate change. As we actively prepare for COP20 and continue our efforts to promote sustainable energy alternatives at the regional level, we will keep you informed of our progress. Thank you!
Read moreColombia’s Ministry of Environment unveils the demarcation of the Santurbán Páramo without specifying details of the measurements
With the water supply of millions of people at risk, we urge the ministry to publish details of the demarcation and ensure that this fragile ecosystem remains free of large-scale mining operations. Bogotá, Colombia. Colombia’s Ministry of Environment announced the delimitation of the Santurbán Páramo, a high-altitude wetland ecosystem that supplies water to millions of people in the country. While the ministry disclosed some aspects of the measure to the media, it has not released full details. These include the full extension of the demarcation, exact coordinates and which mining operations are inside or outside of the defined area. The ministry stated that the protected area would increase from 11,000 hectares to 42,000 hectares in the department of Santander. However, according to the Colombian Humboldt Institute’s atlas, the ecosystem has a surface area of at least 82,000 hectares in the departments of Santander and North Santander. “We do not know if the protected area covers the total area of the páramo in both departments. Nor do we know the coordinates or what mining titles will be affected. We do not even know if there is a written draft of the official decision. This seems incompatible with the right to access accurate and impartial information, as enshrined in the Colombian Constitution,” said lawyer Carlos Lozano-Acosta of the Interamerican Association for Environmental Defense (AIDA). The páramo of Santurbán supply water to nearly two million people, including the cities of Bucaramanga and Cúcuta. As is common for this ecosystem, the páramo of Santurbán has a diversity of flora and fauna and is important for storage of atmospheric carbon, helping to mitigate climate change effects. According to the law, the demarcation of this ecosystem should be formally and clearly defined in order to prevent harmful activities such as large-scale mining, which could cause irreversible damage. According to the Ministry, companies with mining concessions and environmental licenses will remain in Santurbán. The ministry said that the demarcation affects only 10 of 29 mining titles, including those of the Canadian firm Eco Oro Minerals. It did not provide any further details. Without the exact coordinates of the ecosystem, it is not possible to know precisely the extent of the demarcation and the ongoing threat that large-scale mining poses to this water source. Eco Oro has threatened to pursue legal action if the final decision affects their investment, presumably basing its arguments on the free trade agreement between Colombia and Canada that would allow the company to sue Colombia in an international tribunal. “Colombians should not pay a company for investing where it should not, much less if it threatens their water supplies. Colombian law prohibits mining in páramos. We call on Eco Oro to respect Colombians’ right to water instead of threatening legal action to protect their investment,” said Jennifer Moore of MiningWatch Canada. Kristen Genovese of the Centre for Research on Multinational Corporations (SOMO) said, “Eco Oro is not only violating Colombian law with regard to mining in the páramo, but the project is inconsistent with the social and environmental standards of the International Finance Corporation (IFC), which is financing the project. We believe that an investigation now underway regarding the IFC’s investment in Eco Oro will confirm our analysis.” According to the Ministry, the decision will not be adopted immediately, and no date has been set to implement it. “The participation of citizens in the demarcation process has not been adequate. We do not know, for example, if the Ministry used rigorous technical studies provided by the Humboldt Institute. Nor is much known about how public participation took place regarding this decision,” said Miguel Ramos of the Committee for the Defense of Water and the Santurbán Páramo. Also unknown is how Andean forest ecosystems, or cloud forests, located at altitudes of 2,200 to 2,600 meters above sea level, will be protected and managed. These are also vital to ecosystem health and water regulation. Similar to Eco Oro’s approach in Santurbán, the mining company AUX plans to carry out underground mining in these ecosystems. To date, more than 19,000 people have signed a petition (in Spanish) urging the Colombian government to protect the water of Santurbán according to scientific criteria. The government received (in Spanish) 16,000 of those signatures in November 2013. Organizations and environmentalists have also asked (in Spanish) the Colombian government to properly define the limits of the páramo ecosystem. The demarcation of Santurbán will set a precedent for protecting the country’s other páramos. Colombia is home to half of the páramos in the world, which supply water to 85% of its population. The demarcation process must take into account the minimum projected area of the páramo in the Humboldt Institute’s Atlas and its technical studies at a scale of 1:25:000. “If the Santurbán Páramo is adequately defined, it would set an important precedent for the protection of all the páramos. This would lead the way, taking another step toward respecting the right to water of all Colombians” said Carla Garcia Zendejas of the Center for International Environmental Law (CIEL). AIDA, CIEL, the Committee for the Defense of Water and the Santurbán Páramo, MiningWatch Canada and SOMO -- as allied organizations -- ask Eco Oro to refrain from threats of legal action in an attempt to influence the demarcation of the páramo, and ask the Colombian government to provide full, truthful, and impartial information about the process and final decision.
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