The Second Collegiate Court for Criminal and Administrative Matters, based in the state of Chihuahua, ordered state authorities to develop a comprehensive plan that includes the incorporation of the Rarámuri community into the tourism development of the area of influence of the “Barrancas del Cobre” Trust, as well as actions for the supply of drinking water, wastewater treatment, and waste management.
In addition, it demanded the community’s full participation in the planning and implementation of measures to guarantee their right to free, prior, and informed consultation and to comply with the ruling issued more than 12 years ago by the Supreme Court of Justice of the Nation (SCJN), which ruled in favor of balanced tourism development in the Sierra Tarahumara.
The Federal Judicial Council (CJF) reported that the Collegiate Court revoked the District Court’s ruling that declared that ruling fulfilled. For the magistrates serving on the tribunal, the actions reported by the Chihuahua authorities were not aimed at achieving improvements in the community to achieve balanced, fair, and sustainable comprehensive development, but only at promoting tourism in the area.
To make the content of the ruling on appeal 64/2022 known to the community, the members of the Second Collegiate Tribunal included an easy-to-read version translated into Rarámuri and, with the help of a translator, read the ruling in that language for the first time to ensure understanding and dissemination among its members.
In 2010, the Huitosachi community filed an injunction against Decree No. 409/96 I P.O., which authorized the creation of the “Barrancas del Cobre” Trust for tourism development in the Sierra Tarahumara. The Second Chamber of the SCJN ruled in favor of the petitioners in 2012 and ordered the creation of a Regional Advisory Council, in which their active participation would be integrated. Issues related to tourism in the area would be discussed within it. Furthermore, the Council was to act as a planning body to achieve comprehensive development.
The Court’s ruling states that promoting tourism in the Sierra Tarahumara harms the survival of those who are part of the Huitosachi community, as their needs and culture have not been taken into account.
It indicates that in order to fulfill the commitments ordered by the Supreme Court, the Chihuahua authorities must implement a development model based on the good life of indigenous peoples and communities that guarantees their culture, coexistence, and progress.
Therefore, the District Court was instructed to ensure that the authorities address the community’s problems related to tourism, including those related to the lack of water and its pollution, as well as excessive garbage.
Source: jornada
