
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

International alert issued on threats of uncontrolled fishing near Galapagos
The Interamerican Association for Environmental Defense (AIDA) and the Ecuadorian Coordinator of Organizations for the Defense of Nature and the Environment (CEDENMA) sent an international alert about the problem and threats of uncontrolled fishing on the high seas, particularly in the vicinity of the Galapagos Marine Reserve. The document calls for the adoption of preventive, urgent and effective measures to stop overfishing from causing irreversible damage to ecosystems and species in the Galapagos Islands and throughout the Tropical Eastern Pacific. The call comes after an industrial fleet of 260 fishing boats (243 flying the Chinese flag)—one of the largest in the world—was registered in July in Ecuador's Exclusive Economic Zone (EEZ), near the Galapagos Marine Reserve. The fleet included vessels from companies with records of violations of sovereign rights and the jurisdiction of coastal states, such as illegal, unreported and unregulated fishing, rule breaking and intentional environmental degradation. "The ocean is a highly connected system where what happens in one area will affect many others, so coordinated and cooperative actions between countries are key for the effective conservation of marine resources," explained Gladys Martinez, Senior Attorney with AIDA's Marine Biodiversity and Coastal Protection Program. "The role of international law is also fundamental in the sense that countries must enforce in good faith what has been agreed upon in conventions, treaties and other international instruments aimed at protecting the ocean.” The alert was sent to authorities overseeing the following international treaties and organizations: the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Convention on the Conservation of Migratory Species of Wild Animals, the World Trade Organization, the Permanent Commission for the South Pacific (CPPS), the Eastern Tropical Pacific Marine Corridor (ETPMC) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). Overfishing in the high seas (areas beyond national jurisdiction) can affect not only exploited areas, but also nearby marine and coastal ecosystems, as well as the food security of less developed countries. Therefore, activities such as those recorded in July represent a serious threat to the Galapagos Islands and three other World Heritage Sites—Cocos, Malpelo and Coiba in Costa Rica, Colombia and Panama, respectively—as well as to biodiversity on the high seas. "At CEDENMA we are very concerned about the situation related to industrial fishing activities in international waters that affect the fishing, biological and ecological resources of the seas under Ecuadorian jurisdiction and the Tropical Eastern Pacific region," said Gustavo Redín, President of CEDENMA. "We therefore urge Ecuadorian authorities to act on this issue and defend this natural heritage, which is unique in the world." The alert details the ecological, economic and social importance of the Galapagos; the current fishing situation inside and outside of the Marine Reserve; the impacts that overfishing on the high seas has on local fauna; the international obligations that countries have to protect the ocean and its resources; and the regional mechanisms for coordination between countries on marine conservation. Finally, AIDA and CEDENMA request a series of measures from the international organizations and authorities in charge of treaty compliance, including that they: Urgently investigate the facts set out in the document. Urge the Government of China and other governments with vessels present in the vicinity of Ecuador's EEZ to comply with their obligations to protect highly migratory species. Urge the Ecuadorian State to improve its monitoring efforts to effectively protect valuable natural resources. Review China's fishing subsidies, which are encouraging overfishing on the high seas. Continue negotiations within the framework of the Convention on Biological Diversity so that State Parties commit to protecting 30 percent of the ocean by 2030, including areas on the high seas and highly productive areas such as the Galapagos Islands. Urge Ecuador to continue supporting the negotiations to reach a global agreement for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (the High Seas Treaty) and to favor fishing management in that part of the ocean. Adopt coordinated, joint, and cooperative actions among the countries of the Eastern Tropical Pacific in favor of marine conservation. Strengthen the application of the rules that bind coastal states to ensure that fishing activities on the high seas are subject to standards of sustainability and the protection of marine biodiversity. Press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107
Read more
Civil society calls on the Human Rights Council to recognize the right to a #HealthyEnvironment4All
More than 850 civil society organizations, indigenous peoples’ groups, social movements and local communities are calling on the United Nations Human Rights Council to recognize the universal human right to a safe, clean, healthy and sustainable environment. The open letter, sent on September 10 and still open online for signatures, comes ahead of the Human Rights Council meeting in Geneva from September 14 to October 6. It argues that people must be protected from the deadly impacts of environmental degradation and climate change - such as the increased spread of diseases like COVID-19. “In view of the global environmental crisis that currently violates and jeopardizes the human rights of billions of people on our planet, global recognition of this right is a matter of utmost urgency,” the letter states. “As we all know, there are no human rights on a dead planet.” The right to a safe, clean, healthy and sustainable environment is already covered in constitutions and laws in a substantial majority of countries around the world, as well as regional systems. There is a growing legal system for implementing and applying the right, too. Now advocates for human rights, indigenous peoples, climate action and social justice are urging the UN Human Rights Council to formalize this recognition and make it universal. In doing so, the Human Rights Council would prompt countries to strengthen policies and legislation to take better care of nature and biodiversity, the letter says. This would lead to cleaner air, greater access to safe drinking water and lower greenhouse gas emissions. It would also provide environmental justice for communities that are exposed to degraded and dangerous environments, such as toxic air or disease. Deforestation and environmental degradation increase humans’ exposure to zoonotic viruses, like COVID-19, and vector-borne diseases, like malaria and Dengue fever. Scientists warn that the risk of spreading diseases will grow as natural ecosystems continue to break down. New research also suggests that the effects of air pollution on lungs, hearts and general health makes people more susceptible to the worst impacts of COVID-19. To protect people around the world from future shocks, and build greater resilience to catastrophes like this pandemic, the letter urges states to “recognize, respect, protect and fulfil the human right of all to enjoy a safe, clean, healthy and sustainable environment”. #HealthyEnvironment4All Press contact Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107
Read more
Environmental racism and the differentiated harm of the pandemic
By Tayná Lemos and Marcella Ribeiro Brazil’s major cities are reopening—with packed bars in Rio de Janeiro and restaurants serving up crowds in São Paulo—despite the lethality of COVID-19, which had caused more than 112 thousand deaths as of August 20. The reopening of bars and restaurants during the height of the pandemic demonstrates how the virus differentially affects people of different races and socioeconomic levels. A study by the Health Operations and Intelligence Center (NOIS), an initiative involving several Brazilian universities, found that a Black person without schooling is four times more likely to die from the novel coronavirus in Brazil than a white person with a higher level of education. Based on cases through May, the study also shows that the overall mortality rate of 38 percent for the white population climbs to nearly 55 percent for the Brazil’s Black population. "The mortality rate in Brazil is influenced by inequalities in access to treatment," Silvio Hamacher, NOIS coordinator and one of the study's authors, told EFE. Painfully, this trend is repeated in countries like the United States and the United Kingdom. This demonstrates that one of the factors behind the high mortality rate of COVID-19 is environmental racism—a phenomenon in which the negative and unintended consequences of economic activities are unevenly distributed. Unequal Distribution of Damages The term environmental racism was coined in the United States by researcher Benjamin Chavis, after he observed that chemical pollution from industries was dumped only in Black neighborhoods. "Environmental racism is racial discrimination in environmental policy-making and enforcement of regulations and laws, the deliberate targeting of communities of color for toxic waste facilities, the official sanctioning of the presence of life threatening poisons and pollutants in communities of color, and the history of excluding people of color from leadership of the environmental movement,” Chavis wrote. While all activity generates some environmental impact, the territories chosen to carry it out are usually regions located on the outskirts of the city, inhabited by traditional or outlying communities. In Brazil, environmental racism affects both outlying urban communities and traditional rural communities. And, as in the United States, one of its characteristics is the disproportionate pollution suffered by these minority groups in comparison with the white middle class. This includes the contamination of air and water with toxic agents, heavy metals, pesticides, chemicals, plastics, and so on. In his 2019 report, Bashkut Tuncak, then-UN Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, warned that there is a silent pandemic of disease and disability resulting from the accumulation of toxic substances in our bodies. In 2020, following a country-visit to Brazil, he noted that there is a connection between environmental pollution and mortality from the novel coronavirus and that fewer people would die in Brazil if stricter environmental and public health policies were in place. "There are synergies between exposure to pollution and exposure to COVID-19. Toxic substances in the environment contribute to the Brazil’s elevated mortality rate," Tuncak affirmed. The underlying health conditions that exacerbate the pandemic are not "bad luck," but largely "the impacts of toxic substances in the air we breathe, the water we drink, the food we eat, the toys we give to our children, and the places where we work.” An Increase in Vulnerability Tuncak confirmed that those most vulnerable to the pandemic are the urban poor as well as traditional and indigenous communities, because they are also the most affected by environmental and public health problems. This leads to hyper-vulnerability. An example of this situation is that of the 17 quilombos (Afro-descendant settlements) in the municipality of Salvaterra, in the state of Pará, home to around 7,000 people. Twenty years ago, an open dump was installed without consulting the families living there. Children, adults and the elderly were forced to live with domestic garbage and toxic and hospital waste, among other refuse. Their vulnerability increased with the pandemic. Despite the size of the country, there are no territorial gaps in Brazil. When an industry, a landfill, a monoculture, a hydroelectric project, a mine, or a nuclear plant is installed, a historically forgotten community is impacted. The invisible damage of pollution caused by these activities is difficult to prove, but it profoundly affects the health and quality of life of people who live nearby and are already extremely vulnerable. Another example is that of the indigenous community of Tey Jusu, which in April 2015 received a rain of toxic agro-chemicals spilled by an airplane over a corn monoculture. The fumigation intoxicated people in the community, damaging their health. Unfortunately, the direct ingestion of pesticides by members of communities living near monoculture plantations is a recurring reality. What’s worse is that the current government authorized 118 new agrochemicals during the pandemic, adding to the 474 approved in 2019 and another 32 launched in the first months of 2020. These pesticides cause several diseases but it is not yet possible to determine their exact consequences on the human body, much less their interaction with other toxic substances or with diseases like COVID-19. According to an analysis by the Coordination of Indigenous Organizations of the Brazilian Amazon and the Amazon Research Institute, the death rate from the pandemic among indigenous people in the legal Amazon is 150 percent higher than the national average. The rate of COVID-19 infection among this population is also 84 percent higher than the national average. This is due to historical factors such as the lack of health posts, distance from hospitals, absence of any kind of assistance from the federal government, land invasion, and environmental degradation. In fact, one of the greatest threats to indigenous communities in Brazil is the invasion of their lands by illegal miners, which causes, among other human rights violations, mercury contamination in water sources. Last year, a study by the Oswaldo Cruz Foundation found that 56 percent of the Yanomami Indians had mercury concentrations above the limits set by the World Health Organization, which implies serious damage to public health. In this sense, environmental racism is a term that exposes a historical separation between those who reap the fruits of economic growth and those who become ill and die due to the environmental consequences of that same economic growth. The array of systemic damage to the health of these vulnerable communities makes them especially susceptible to the worst effects of COVID-19. Therefore, in discussing and addressing the pandemic, it is essential to know that it does not reach all people in the same way, that it puts traditional communities at risk of extinction, and that environmental issues are also public health issues. To overcome the global health crisis, we must bring this racism to the center of the debate.
Read more