Supreme Court Upholds Yum Balam Protected Area, Rejects Ejidatarios’ Challenge

Holbox, Quintana Roo — Mexico’s Supreme Court has ruled that the decree establishing the Yum Balam protected area, which includes Isla Holbox, is constitutional, rejecting legal challenges from local ejidatarios who argued it infringed on their land rights.

The court determined that the nation retains ultimate ownership of the land and can impose restrictions on private and social property in the public interest. It found that measures like limiting tourist infrastructure construction or prohibiting certain activities do not eliminate property rights.

Ejidatarios from several ejidos in Lázaro Cárdenas municipality had filed injunctions, arguing the protected area violated their agrarian property rights under Article 27 of the Mexican Constitution. They claimed it restricted their use and development of lands within the protected zone’s boundaries.

The court concluded there were no violations of ejidal property rights or flaws in the management plan’s foundation, motivation, or procedure. It stated that protected areas and their management plans are legitimate tools to fulfill the constitutional mandate to protect the environment and biodiversity.

The challenges arose after the management plan for the Yum Balam protected area was approved and implemented between 2018 and 2019, during the final year of Enrique Peña Nieto’s presidency. The plan permits only 800 palafitos (stilt houses) for tourist accommodation on the entire island, with no other hotel or residential construction allowed inland.

It also bans bringing pets and polystyrene foam to the main and small islands, regulates tourist activities like whale shark observation and swimming, and bird watching, and prohibits golf clubs or solid waste disposal sites. Only infrastructure supporting ecotourism palafitos in the marine portion is allowed.

The Lázaro Cárdenas municipality filed an unconstitutionality action that did not succeed. This latest court ruling confirms the decree and management plan protecting the area remain in force.

Key Facts About Yum Balam

• Yum Balam is a Flora and Fauna Protection Area.
• It covers 152 hectares in northern Quintana Roo.
• It hosts 90% of Yucatan’s endemic bird species.
• Species in the area include jaguars, tapirs, crocodiles, monkeys, and sea turtles.
• It is a sanctuary for the largest congregation of whale sharks.