Tourism Agencies Demand Clear Rules for Promoting Mexico After Xcaret Ruling

Playa del Carmen, Quintana Roo — Mexico’s tourism industry is calling for clearer regulations on using indigenous cultural elements in marketing after a Supreme Court ruling against one of the country’s largest tourism operators.

The Mexican Association of Inbound Tourism Agencies (Amatur) urged authorities to develop “coherent, useful regulations with input from business groups” regarding the use of ancestral symbols and elements in promoting Mexican destinations.

The association expressed concern about the recent Supreme Court decision regarding Grupo Xcaret’s legal battle over using Mayan elements in its advertising. The court revoked a permanent injunction that had allowed the company to continue using these cultural references while the case proceeds.

“This resolution is not only inadmissible and aberrant, but represents an enormous risk and threat to the tourism industry in general,” the association stated, noting the sector generates hundreds of thousands of jobs and makes significant contributions to Mexico’s GDP.

The organization emphasized that the issue affects more than just Grupo Xcaret, calling it an “attack on tourism promotion” since marketing cannot be conceived without appropriate use of Mexico’s traditions, culture, and ancestral legacy.

“In Mexico as in the entire world, cultural and historical heritage is a reason for promotion, but it’s also one of the most important factors motivating tourists to travel to our country,” the statement continued. “Mexico is much more than sun and beach, and Mayan culture, which we’re very proud of, is a fundamental motivator for travelers coming to Mexico from all over the world.”

The association criticized the 2022 Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities, saying it was enacted without consultation and “is riddled with gaps and criteria that allow for arbitrary interpretation by authorities.”

They also noted the law lacks implementing regulations, which they called “a serious failure by the Executive branch, since as is known, regulations for laws correspond to the Executive and not the Legislative branch.”

The business organization expressed solidarity with Grupo Xcaret, stating the company has contributed for more than three decades to promoting Mexican destinations and fostering culture and traditions.

Finally, they requested authorities review the law’s “gaps and deficiencies,” eliminate discretionary interpretation, and work as soon as possible to draft “coherent, useful regulations with input from business groups.”

The statement comes after Grupo Xcaret announced yesterday morning it was suspending the Sacred Mayan Journey event it organizes annually. According to organizers, the suspension resulted from uncertainty about the conditions under which the traditional event can be held amid the ongoing legal battle.

This suspension occurs 20 days after Mexico’s Supreme Court revoked the permanent injunction that had allowed Grupo Xcaret to use elements of Mayan culture in its tourism advertising. The court determined that protecting this cultural heritage is more important than the commercial interests of a private company.

As a result, the company had to remove these symbols from its advertising and website while the underlying lawsuit with members of the Mayan community and the National Copyright Institute (Indautor) is resolved.