Playa del Carmen, Quintana Roo — The Mexican government has initiated legal proceedings to challenge suspensions granted to the ecotourism company Xcaret, allowing it to continue using Mayan symbols in its performances. The case is being heard in the Sixteenth District Court for Administrative Matters in Mexico City, where the Ministry of Culture has filed appeals against injunctions obtained by the company between February and April.
Background of the Dispute
The legal battle stems from a lawsuit filed under case number 1649/2024. The Gran Consejo Maya (Great Mayan Council), representing Indigenous communities, originally brought the complaint against Xcaret, accusing the company of appropriating intangible cultural heritage, including the sacred Mayan ball game, the sacred Mayan journey, and pre-Hispanic dances. However, the council later withdrew from the case after reaching an undisclosed agreement with Xcaret.
Despite this withdrawal, the federal government has continued pursuing the case. The National Institute of Copyright (Indautor) had previously issued suspension orders against Xcaret, but the company has successfully contested these measures with its legal team.
Postponement of Key Hearing
A constitutional hearing, the final step before a ruling in the injunction case, was scheduled for June 23 but was postponed due to legal motions filed by the Ministry of Culture. The hearing has now been rescheduled for August 13.
A court document states: “It is noted that the order issued on June 9 of this year is in the process of being served, which reissued the request to the President of the Republic, through the Ministry of Culture, to submit a justified report on the expanded complaint. Consequently, to allow the parties to review its contents, THE CONSTITUTIONAL HEARING IS POSTPONED.”
Gran Consejo Maya’s Involvement
Although the Gran Consejo Maya initially supported the lawsuit, its representatives have since sought to intervene in the case while also withdrawing from earlier stages. A June 26 court filing notes: “In their capacity as President and Secretary of the Gran Consejo Maya of Quintana Roo, acting as interested third parties in the case, they informed the court that they appeared on April 3 but filed under a different case number. They requested that this discrepancy be corrected and their petition addressed.”
The federal government remains determined to restrict Xcaret’s use of Mayan cultural elements, despite the Gran Consejo Maya’s shifting stance. Legal documents reviewed by Sol Quintana Roo suggest that the council has repeatedly obstructed collective interests in the case.
Ongoing Legal and Cultural Implications
The dispute highlights tensions between commercial enterprises and Indigenous cultural rights. While Xcaret has secured temporary legal reprieves, the federal government’s persistence indicates a broader effort to regulate the use of culturally significant symbols in commercial performances.
The outcome of the August hearing could set a precedent for future cases involving the protection of Indigenous heritage in Mexico.
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