Project
Shutterstock.
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.
Related projects
Indigenous rights controversies around Belo Monte consume Brazilian judicial system
Dam license could be suspended due to violations of social and environmental conditions. Altamira, Brazil. Recent lawsuits by Brazil’s Federal Public Prosecutors (MPF) concerning the Belo Monte dam are demanding accountability from the dam-building Norte Energia consortium, Brazil’s National Development Bank (BNDES), and the state environmental agency IBAMA for noncompliance with mandated mitigation measures concerning the Juruna and Xikrin Kayapó, two indigenous groups affected by the mega-project. The lawsuits demonstrate that conditions placed upon the dam’s environmental licensing have not been met and call for compensation for socio-environmental impacts of the dam, currently under construction on the Xingu River in the Brazilian Amazon. The MPF filed a lawsuit in late August showing that Norte Energia was deliberately reneging its obligation to purchase land and provide health services for the Juruna indigenous community Km 17, one of the most vulnerable to the impacts of Belo Monte’s construction due to its proximity to the constant movement of heavy machinery and workers. This lawsuit led the national indigenous foundation FUNAI to issue a complaint to IBAMA, demanding that Norte Energia be held accountable for noncompliance with this formal condition of the environmental licenses for Belo Monte. The Federal Court of Pará State responded this week by giving Norte Energia 60 days to purchase the Juruna land and deliver health care or face daily fines of R$200,000 (US$87,000). “The situation here has only gotten worse,” said Sheyla Juruna, a member of the Km 17 community known for her local and international activism in defense of her community’s rights. “Belo Monte created the illusion that people would get everything they didn’t have. That’s when the problems began. Support from FUNAI never came and our health conditions are precarious. Civil society thinks that the indigenous have rights, yet our rights are being violated every day.” Following the ruling in favor of the Juruna community the MPF filed another lawsuit targeting the neglect of BNDES, IBAMA, and Norte Energia stemming from the absence of prior analysis of impacts and associated compensation measures for Xikrin Kayapó communities that are also threatened by Belo Monte. The lawsuit charges that these three institutions violated the rights of the Xikrin Kayapó when they allowed construction to commence on the project without measuring the impacts it would cause to the indigenous group, whose villages are based on the Bacajá River, a tributary to the Xingu directly adjacent to the dam’s most serious impacts. The MPF has asked the Judiciary to suspend Belo Monte’s installation license, paralyzing the project until Norte Energia can present findings on the project’s impacts and its corresponding compensations for indigenous communities. The lawsuit is unprecedented in its scope as it could force the consortium and BNDES, financier of 80% of the dam’s costs, to indemnify affected indigenous groups of the Xingu for the delay in measuring and mitigating its socio-environmental repercussions. “We truly have reason to celebrate seeing BNDES is finally being charged as a responsible party in Belo Monte’s disastrous impacts,” said Maíra Irigaray Castro of Amazon Watch. “It is time for financiers to pay for the criminal negligence exemplified by noncompliance with conditionalities, which they should also be monitoring for all projects that they finance.” Norte Energia’s failure to comply with Belo Monte’s legally mandated conditions is not new. IBAMA released a report in July confirming that the compliance has worsened as the dam’s construction has sped up. The report shows that only four out of 23 conditions concerning local urban populations have been met. “Last week we had a meeting with representatives of the government and local people and their discontent is clear,” said Antonia Melo, coordinator of the Xingu Alive Forever Movement. “There is no fresh water, no electricity, no health care, no schools and no sanitation. We cannot accept that the conditions, that are fundamental rights guaranteed by our constitution, be undermined in this way. IBAMA must suspend construction, as defined by law, until these conditions are met.” “These legal actions add to the existing evidence of the severe impacts that the Belo Monte dam is having on human rights and the environment in the Xingu, and of the responsibility of all Brazilian agencies involved in the project,” said María José Veramendi of AIDA. “We look forward to a positive result of these legal actions and that Brazil will effectively comply with applicable national and international laws, as all agencies involved can be legally responsible and the State can be internationally responsible for these human rights violations” pointed out Veramendi. Per FUNAI’s request, as well as the lawsuits brought by the Public Prosecutors, both IBAMA and the Federal Judges could suspend the dam’s installation license until all the requirements and conditions are met. “The characterization of Amazonian dams as clean and cheap energy is based on the ability of project proponents, including BNDES, to “externalize” their true social and environmental risks and impacts. These lawsuits are significant in that they’re sending a signal that they are indeed being held accountable for their decisions and the damage that they cause to the environment and indigenous peoples,” said Brent Millikan, Amazon Program Director at International Rivers.
Read moreAndisols: Vitally important and vulnerable soils
Have you ever heard of Andisols? They are a vitally important building block for ecosystems in the Americas including Andean forests and high-altitude wetlands known as páramos, not to mention the cultivation of food. In this post, I’ll explain more about these soils and why it’s crucial to protect them. The Food and Agriculture Organization of the United Nations (FAO) defines Andisols as a type of volcanic black soil typically found in mountainous regions. Andisols occupy roughly 1% of the world’s land surface area, primarily in the Ring of Fire, a string of volcanoes and active tectonic hotspots along the edges of the Pacific Ocean. The ring runs through Chile, Ecuador, Mexico, Japan, Indonesia, New Zealand and other countries, with among the world’s greatest amount of Andisols found in Colombia. Andisols are an essential tool for agriculture and can be used to cultivate sugarcane, tobacco, potatoes, tea, vegetables, wheat, rice and other crops. These soils also sustain fragile ecosystems in the Andes mountains from forests to páramos, helping to provide essential nutrients and regulate the water cycle. In short, Andisols play a vital role in Colombia’s natural landscape. On the world stage, the protection of Andisols is equally important to sustain the food requirements of an increasing global population. By 2050 there will be some nine billion people, and, according to the FAO, to feed them we will need to produce “another one billion tons of cereals and 200 million tons of livestock products per year.” Right now, soil conservation, the protection of ecosystems and sustainable food production are merely transcendental topics for humanity. A rational and respectful use of soils is strategically important. In 2050, a hungry person will not be able to eat banknotes, electronic devices, cars, gold bullion or gasoline. We will face a serious problem if no fertile soil is left for food cultivation. Already today millions of people that go hungry due to unequal food distribution. FAO data from 2011 shows that “almost one billion people are undernourished, particularly in Sub-Saharan Africa (239 million) and Asia (578 million).” While Andisols play a critical role in food production and ecological health, the development of extractive industries – primarily energy and mining – are causing serious negative impacts on these rich soils in Colombia. Public policies must be put in place to regulate and guarantee environmentally sustainable management of these essential soils because the country’s food security and sovereignty depend on them, as does the conservation of mountain ecosystems. To properly protect Andisols, we need to implement a legal framework to ensure they are used in a responsible and environmentally sustainable way for food production and that they are protected from harmful extractive industries. The FAO World Soil Charter of 1982 provides the following guidance to the world’s governments, including Colombia’s: “Develop a policy for wise land use according to land suitability for different types of utilization and the needs of the country.” Regardless of any directives from the United Nations or whatever other international organization, Colombia’s future rests in our own hands. We need to think about how we can guarantee our viability, survival and, of course, our food. We must also consider how to fulfill our responsibility of caring for a country with an incredible wealth of biopersity, from flora and fauna to water supplies and Andisols.
Read more
Costa Rica, Panama and Mexico: Lots of tourism, little sustainability
By Sandra Moguel, legal advisor, AIDA, @sandra_moguel Sun and sand tourism is one of the fastest growing economic sectors in the Americas. Indeed, an increasing number of foreigners, mostly Americans and Canadians, are opting to retire to beaches in Latin America. Mass tourism is having a negative impact on the region’s coasts and oceans. In this post, I’ll talk about what’s happening in Costa Rica, Panama and Mexico. Ecotourism and social problems Since the late 1980s, Costa Rica has become known for promoting a successful ecotourism industry. Leisure travel is now the country’s leading foreign exchange earner. According to official data, international tourism increased sixfold and the gross income it generated shot up twelvefold between 1986 and 2005. Thanks to ecotourism, Costa Rica nets over USD $1,000 per tourist today. But it’s not all icing on the cake. Despite its sustainable tourism fame, Costa Rica has fallen into the temptation of building massive resorts that feature “all-inclusive” services and end up causing a number of social problems. When mass tourism is prioritized, the results are mass displacements of people from their homes, unequal wealth distribution and a shortage of public services like energy supplies and garbage collection. Local populations also face a loss of identity, greater competition for resources like clean water and access to the beach, not to mention environmental damages. Panama Bay Like Costa Rica, Panama is not without its problems. The country’s environmental and tourism policies undermine the rights of indigenous communities and harm the environment. Demonstrating the power and determination of the tourism industry, a group of developers seeking to build mega-resorts in the protected area of Panama Bay have filed several lawsuits questioning the legality of a decree declaring the protected status of this ecosystem. In 2012, AIDA worked with its Panamanian partners to defend the bay, which so far has maintained its protected status. Mexico and competitive tourism In 2011, 22.3 million foreign tourists visited Mexico, contributing USD$1.18 billion to the economy, according to the United Nations World Tourism Organization (UNWTO). Mexico was ranked 43rd in the world for its potential to attract new tourism investment in 2011, according to the World Economic Forum’s Travel & Tourism Competitiveness Report. Under the leadership of Felipe Calderón, who served as president between 2006 and 2012, efforts were made to raise Mexico’s profile as a global tourism destination and policies were implemented to create a more sustainable and competitive tourism industry. Despite the start of these policies and the approval of the General Tourism Law, Mexico’s plan to boost tourism numbers is wanting. For example, the law doesn’t have regulations that detail the new figures it has created, nor does it provide legal certainty to investors or the local communities about their involvement in making decisions about where they live. Research on Mexico’s tourism industry has found that authorities are failing in their responsibility to protect the environment. In its report Alternative Development Models and Good Practices for Sustainable Coastal Tourism: A Framework for Decision Makers in Mexico, The Center for Responsible Travel (CREST) found the country’s chief tourism bodies, the Secretary of Tourism (SEMARNAT) and the National Tourism Development Fund (FONATUR), in many cases did not follow international best practices for sustainable tourism, approving resorts that have caused social and environmental damage including in the use of energy generated from the burning of fossil fuels. The destruction of mangroves, wetlands and coral reefs not only negatively affect Mexico’s competitiveness as a tourist destination, but these bad practices also demonstrate that the country is failing to meet its international obligation to reduce greenhouse gas emissions to combat climate change. For these reasons AIDA and Earthjustice, working as partners to represent 11 civil society organizations, submitted a citizen petition to the Commission for Environmental Cooperation (CEC). In the petition, we denounced the Mexican government for not properly implementing its environmental legislation to evaluate the environmental impacts of planned mega resorts on the Gulf of California. This suggests that the government may have skirted important safeguards in order to attract more investment to the country, and thereby creating – possibly unfairly – competition with its trade partners, the United States and Canada. In large-scale tourism, local communities are generally not properly consulted during the planning stages of mega resorts and their development model. The WTO Global Code of Ethics for Tourism states that tourism professionals, particularly investors, “should deliver, with the greatest transparency and objectivity, information on their future programs and their foreseeable repercussions and foster dialogue on their contents with the populations concerned.” Mass tourism developments typically bring with them new hydropower plants, highways, airports and other major infrastructure projects. These do not necessarily favor the interests of local communities. In Resolution XI.7, the Ramsar Convention, an international treaty that protects wetlands of international importance and of which Mexico, Panama and Costa Rica are signatories, it is stressed that there is a need to implement closer collaboration between the tourism and conservation sectors and the rational use of the wetlands in order to maximize and sustain the long-term benefits derived from the expertise of each sector. It is worth noting Ramsar’s proposal because it shows the inconsistencies between environmental and tourism policies. An example of successful environmental and tourism management is Argentina, where the two sectors complement each other through close coordination. The country’s National Parks Administration (APN) is a public body that functions under the aegis of the Ministry of Tourism. The infrastructure of bathrooms, visitor centers, signage and marked pathways reflects the sustainability of the business plan and management of tourism sites. There still is a great deal of work to be done to achieve sustainable tourism in Latin America. Great strides can be made if we strengthen tourism and environmental policies and establish methodologies for public consultation that foster community involvement.
Read more