Mexican Supreme Court Sanctions Xcaret Over Maya Symbol Use, Sparking Debate on Cultural Appropriation

Mexico City — Mexico’s Supreme Court has sanctioned the Xcaret tourism group for commercial use of Maya cultural symbols, sparking a national debate about who can use indigenous imagery and under what circumstances.

The court’s ruling establishes that indigenous cultural heritage belongs to communities collectively, not to individuals or organizations, and requires collective, free, and informed consent for its use. This decision comes under the Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities.

The case began in 2022 when the National Copyright Institute ordered Xcaret to remove advertising featuring Maya cultural elements. The company argued it had approval from the Gran Consejo Maya de Quintana Roo, but the court determined this was insufficient.

Economic Impact on Tourism

The ruling carries significant economic implications for one of southeast Mexico’s largest tourism conglomerates. Xcaret’s business model is closely tied to representations of Maya culture.

In 2023, the group and the Gran Consejo Maya reached an agreement authorizing respectful use of symbols and traditions in theme parks, sealed with a 15 million peso payment and recognized by Quintana Roo state law. However, the court found the council lacked legitimate representation and prioritized cultural heritage over private interests.

The National Tourism Business Council warned such rulings could affect investments and limit cultural promotion strategies.

Government Use of Indigenous Culture

The decision raises questions about government use of indigenous symbols. In February 2026, new ministers wore Tenejapa, Chiapas ceremonial garments during an off-site session, presented as “cultural recovery.”

Anthropologists and sociologists note the state positions itself as cultural guardian while penalizing private use as exploitation. Officials frequently wear traditional garments like huipiles and embroidered guayaberas in public events as part of narratives about closeness to indigenous peoples.

Megaprojects and Political Symbolism

Critics point to projects like the Maya Train, where indigenous identity forms the official narrative despite many communities not being consulted. The ceremonial staff, representing spiritual authority recognition, has been presented since President López Obrador’s administration, though indigenous organizations warn against political use of such symbols.

The ruling leaves unresolved whether protection truly benefits indigenous communities or concentrates control over their cultural expressions.