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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

México failed to attend the Green Climate Fund’s fourth Board meeting

Senator Ernesto Cordero, Mexico’s representative on the Board, must be held accountable for his failure to attend a key event for establishing financial support for fighting climate change. Mexico City, Mexico. Senator Ernesto Cordero, Mexico’s representative on the Green Climate Fund (GCF) Board, missed the fourth meeting of the entity, held June 25-28 in Songdo, South Korea. At the meeting, Board members started setting the rules of operation of the Fund, a financial mechanism essential for developing countries to secure the financial support needed to combat climate change.   According to the GCF Secretariat, Cordero’s absence was because he had to attend important sessions of the Mexican Congress. Also missing at the Songdo meeting was Chile, the alternate member for Mexico. Chile’s representative also informed the Secretariat of his inability to attend the event. With the absence of both of these countries, one of the seats held by Latin America on the GCF Board was left empty.   The Board consists of 24 members: 12 representatives from developing countries and an equal number from developed nations. Each member has an alternate who may participate in the Board meetings without voting rights unless they assume the role of the Board member. Latin America has three seats on the Board, broken down by regional groups: Colombia is paired up with Peru, Belize with Cuba, and Mexico and Chile. Each pair also represents other countries.   In this regard, Mexico and Chile’s absence from the fourth meeting jeopardizes the interests of the Latin American countries represented by the duo, which includes Brazil and Argentina. It also contradicts the active role Mexico has played in recent years in climate change negotiations worldwide.   What is more, a good opportunity was missed to influence the decisions taken in South Korea. The Fund is being developed to become a main source of financial resources to combat climate change, and at this Board meeting critical decisions were taken to this end. These included decisions on the Fund’s mission, the results and performance indicators to follow, procedures for access, home ownership, financial instruments, structure and organization, among others.   The formation of the Green Climate Fund must meet the needs of all regions, but especially those in Latin America. Mexico, Chile and the other countries with a seat on the Board must commit to be active and efficient participants, and to be consistent with their national policies on climate change. It is of utmost importance to ensure the involvement of Latin American governments in international spheres like the GCF because this will ensure effective benefits for the people of this region.   For more information on the Green Climate Fund, visit this page.

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Photo: Brazil's Foreign Minister Antonio Patriota speaks during the assembly. Credit: Astrid Puentes

An evaluation of the OAS General Assembly and its relationship to the environment

By Astrid Puentes Riaño, co-executive director, AIDA, @astridpuentes   The first week of June every year, the General Assembly of the Organization of American States (OAS) – made up of the foreign affairs ministers of its 34 member states – meets to discuss and address the hemisphere’s priority issues. For 2013, the central theme was: “For a comprehensive policy against the world drug problem in the Americas.” The city of Antigua, Guatemala hosted the June 4-6 event. In addition to the central theme, relevant administrative issues were addressed such as the election of commissioners to the Inter-American Commission on Human Rights (IACHR) and the approval of two conventions against discrimination and in favor of tolerance. This year, as in 2012, I had the honor of attending the assembly as a civil society observer. My objectives this year were: 1) to monitor the process of “strengthening” the Inter-American System of Human Rights (IASHR) which ended at the extraordinary assembly last March, and 2) to participate in the process of including an environmental focus in the debate on drug policy by contributing AIDA’s experience in monitoring the programs to eradicate coca and opium poppies in Colombia (1999-2007). These are my conclusions on the event from four different angles: What turned out well J The Assembly Declaration on the need to evaluate the so far failed drug policy: The states recognized the policy’s negative impacts on both the environment and human rights as well as the importance of taking them into consideration in future solution initiatives. The "Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance" and "Inter-American Convention against All Forms of Discrimination and Intolerance" were adopted and opened for signature.  We hope both conventions are ratified, upheld and implemented by all of the states in order to eradicate actions that threaten the dignity and life of any person. The culmination of the process of “strengthening” the IASHR that started in 2011: As regards this issue, I will limit my comments to recalling that far from strengthening the system, the proposals from certain states threatened to weaken it (please see my previous post). In March, important reforms to the IACHR were agreed on and will be applied beginning in August. Although those changes were not in force, certain states sought additional ones. Given that a state of constant reforms is destined for failure, it was positive that for the moment the states did not agree to make new revisions to the IACHR or to the Inter-American Court of Human Rights. Another positive element was the frank and open dialogue (though at times difficult) held by the states, IACHR, the Inter-American Court, civil society and other system users. There were many issues that remained outstanding, but the important thing is to strengthen dialogue in which the users of the IASHR and interested parties can participate effectively, and in which the real protection of human rights is the only guide. With regard to the election of the IACHR commissioners, the six candidates presented their proposals on May 1 in a forum held by the Permanent Council. Despite the inappropriateness of the chosen date – the hemisphere (excepting the northern part) was celebrating International Workers’ Day (also known as May Day), we listened to the candidates (all men this time) and learned about their perspectives regarding the IACHR. This should be a systematic practice in all OAS elections. What I did not like  The lack of clarity and interruptions in spaces assigned to civil society: I recognize that progress has been made toward the greater and more significant participation of this sector in the OAS even though the mechanisms are still far from being perfect. Two examples in the assembly in Antigua, which we hope do not recur in the future, illustrate this: 1. During the civil society dialogue with Mr. José Miguel Insulza, secretary-general of the OAS, one state representative took the floor. Regardless of the subject of this intervention, this goes against the definition of the space, which is open only to the OAS secretary and civil society delegates. This is a point that requires immediate improvement. 2. In the dialogue between civil society and the foreign secretaries, the situation became complex. It is customary that, due to the short amount of time available for interventions (a total of 20 minutes this time), the organizations decide beforehand the issues and speakers. On this occasion, a group of organizations insisted on taking the floor even though their issue had not been chosen. Despite this, one additional person was given the floor without previous coordination or agreement. Although this was an attempt to air the perspectives of a diverse group, as is civil society, it opened the possibility of delegitimizing the efforts of hundreds of organizations to organize ourselves, if you’ll pardon the repetition. In addition, this incident brings with it the risk that organizations or individuals whose issues have not been selected by the rest but who are close to the foreign ministries may participate more than others.  What was left pending… Obtaining greater participation from other sectors of civil society such as indigenous peoples, campesinos and Afro-Descendants. Nevertheless, in contrast to the past, this time there was a greater presence of the latter group, which represents a positive step. Providing continuity to the urgency of getting the states to renew and demonstrate their will to comply with IASHR decisions. This issue, I feel, is the white elephant in the room. Although that is a part of the recommendations of the Working Group that the states themselves developed in order to “strengthen” the System, none of them have mentioned the matter again and it is not included in the resolution that put an end to the process even though it is fundamental for truly strengthening the System. This assembly unfortunately demonstrated yet again the lack of transparency in the selection of the commissioners. Despite the redeemable elements of the forum mentioned above, each country’s participatory and transparent selection processes were absent. During the assembly, the traditional mechanism was once again applied in which each state nominates and campaigns for its own candidate. This lends itself to the diplomatic negotiation of votes that in the end are secret, thereby reducing the accountability to which we all have a right to with regard to those who govern us. The best part ☼ Without a doubt, the venue: Antigua. The people are incredibly friendly. It is a very pretty city that with great reason was declared a World Heritage Site by UNESCO. It is full of gorgeous little corners, colonial architecture and houses with balconies and gardens. Imposing mountains surround it – among them, Volcán de Agua [Water Volcano], at only 3½ kilometers from the city. I was able to enjoy a perfect and inspirational view on the mornings when I ran very early to clear my mind and stay abreast of the important, though a bit slow for my taste, discussions. The opportunity to share closely with respected individuals such as María José, my colleague at AIDA, and colleagues from organizations from throughout the region with whom it was a pleasure to meet again. The foregoing is my view of the recent OAS General Assembly. I would enjoy hearing your comments in agreement or disagreement with what I have said.

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World Bank investment in Eco Oro Minerals in Colombia to be audited

Decision supports complainants’ arguments that the International Financial Corporation did not adequately evaluate the environmental and social impacts of company’s project in Colombia. Washington/Bogota/Ottawa. The Compliance Advisor Ombudsman (CAO), the independent complaints office of the International Financial Corporation (IFC), will carry out an audit of the IFC’s decision to purchase US$18.2 million in shares of Eco Oro Minerals (previously Greystar Resources).  The Canadian company is proposing to develop the Angostura gold mine project in the high altitude wetlands – known as páramos – of Santurbán, located in the Colombian departments of Santander and North Santander.   The decision comes in response to a complaint presented in June 2012 by the Committee for the Defense of Water and Páramo of Santurbán with support from the Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL) and MiningWatch Canada.  The complainants argue that the investment did not comply with the social and environmental sustainability policies of the IFC, an arm of the World Bank Group.   “We welcome the decision of the CAO to move forward with an audit. This adds to our arguments regarding the unviability of the Angostura project in Santurbán,” stated Miguel Ramos lawyer and member of the Committee for the Defense of Water and Páramo of Santurbán. “If the CAO concludes that the project fails to comply and will not comply with the standards, the IFC should sell its shares in the company.”   The IFC recognized that páramo, high altitude wetlands, provide fresh water and habitat for endemic species and species in danger of extinction, such as the Andean bear and the Andean condor. They are also essential ecosystems for climate change mitigation. Colombian and international law prohibit mining in páramos. As a result, in May 2011, the Colombian Ministry of the Environment denied Eco Oro’s petition for an environmental license for the project, initially designed as an open-pit mine and now proposed as an underground operation.   “Whether this project is designed as an open-pit or underground mine, we believe that it will cause irreparable damages to an ecosystem that is essential for Colombia and for the region given its high biodiversity, importance to mitigate climate change and as a source of fresh water for two million people,” said Astrid Puentes, Co-Executive Director of AIDA. “It should simply not be implemented.”   The CAO’s investigation will focus on whether the evaluation of social and environmental risks was adequate, particularly considering the long-term and cumulative risks.   “The IFC invested in order to stimulate the mining sector in Colombia without necessary information about potential impacts, whether of Eco Oro’s project or of the development of a mining district in the area of Santurbán, which has been affected by the armed conflict and where some 70,000 hectares have been concessioned to various companies since Eco Oro arrived,” remarked Jen Moore, Latin American Program Coordinator for MiningWatch Canada. “The decision reveals an irresponsible and unmanageable policy.”   The CAO’s decision comes two weeks after it similarly decided to carry out an audit of a copper mine in Peru. In this latter case, the IFC bought shares in the project at an early phase in the project without evaluating the impacts. “From our perspective, by continuing with these sorts of investments, the IFC would fail to comply with its standards. It’s a highly worrisome trend,” concluded Kris Genovese, Senior Attorney at CIEL.   The organizations that presented the complaint hope that the result of the CAO’s investigation will be comprehensive and will fundamentally question the current policy of the IFC to stimulate large scale mining through acquisition of equity holdings in exploration mining companies, known as junior firms.   See a pdf version of the CAO’s report.  

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