beach entrance tagged posts

Beach Entrance to Akumal Bay: Changes as of March 5, 2018

In light of the recent closure of the beach path through private hotel property and the various rumors and speculations on social media, it’s time to set the record straight. We’ve been getting various questions and have been working on getting the correct answers. Here is what we know so far:

Was the beach path in Akumal closed?

Yes. The illegal path that ran through private property was closed under a federal court order on Monday, March 5. However, there are multiple access points or “Ventanas al Mar” to get to Akumal Bay. (See the Urban Development Plan Akumal 2007-2032, page 98.)

Is Akumal Bay now closed?

No.

Is Akumal Bay now a private beach / privatized bay?

No. The beaches in Mexico are public beaches.

Why was the path by the arch in Akumal closed?

The path was illegally created two years ago through private hotel property by a group of commercial tour operators. It was never a government-recognized access point to the beach, and the property rights of the hotel were violated. It took two years in court proceedings for a resolution. Last month a federal judge issued a court order to return the property back to its rightful owner under the supervision of municipal police.

How do I access Akumal Bay now?

Image from the Urban Development Plan Akumal 2007-2032

There are two main options to access the beach:

  1. Through one of the government designated “Ventanas al Mar” or windows to the sea in Akumal. (Marked by blue diamonds on the map.) There are accesses to Akumal Bay both to the south and to the north.
  2. Through Centro Ecologico Akumal—the building beside the Akumal Dive Shop.

 

Is there a fee to access the beach?

Entering the beach through one of the “Ventanas al Mar” is free. (These windows to the sea are federal property and under the jurisdiction of the federal government.)

If beach-goers wish to enter and use the services provided at the Centro Ecologico Akumal building (washrooms, showers, lockers, lifeguards, palapas etc), they can do so according the following fee schedule:

  • Residents of Quintana Roo with identification: Free
  • Children under 6 / seniors with INAPAM identification card: Free
  • All other visitors or guests: $5USD/100 pesos.

In summary:

  • Akumal Bay/beach is not closed.
  • Akumal Bay/beach is not private.
  • Akumal Bay has several access points/paths.
  • Anyone can access the beach through the Ventanas al Mar or the CEA building.
  • “Quintanarooenses” can enter the beach through the CEA building at no cost.

As we become aware of more details, we will be sure to post.

Authority Confirms, No Public Access through Club Akumal Caribe

The following note was published in both PorEsto! and Novedades yesterday. Below is a translation.

THE AUTHORITY CONFIRMS THERE IS NO PUBLIC ACCESS THROUGH CLUB AKUMAL CARIBE.

ANYONE STATING CONTRARY TO THIS TRUTH IS LYING.

Some groups of Akumal are lying to manipulate public opinion and the people of Akumal when they say that the property of CLUB AKUMAL CARIBE SA DE CV is in litigation.

What they say and publish is completely “FALSE AND WITHOUT REASON.” The property of Club Akumal Caribe, S.A. of C.V. is not and has never been in litigation.

To understand the falsehoods and lies, it is important to understand the meaning of the word “litigation.” Litigation is a legal discussion before a Superior Judicial Body. The above should not be confused with “conflict” since to deny that there is a conflict would be a waste of time. However, the conflict that exists is caused by the inaction on the part of the Municipality of Tulum to enable the windows to the sea stipulated in the Program of Urban Development of Akumal 2007-2032.

The only thing that is in dispute is the constitutionality of the agreement of the Seventy-Fourth Ordinary Session of the previous Town Council of the Municipality of Tulum, Quintana Roo, held on August 29, 2016…which by the way was their last session.

The previous cabildo (town council) issued its agreement without giving any warning to Club Akumal Caribe when it had the legal duty to give a written notice to the legitimate owner of the property that was under study. This would have allowed the property the possibility to exhibit all the documents and elements of necessary proof and verify their rights and not leave it in a state of being defenseless, as in fact did happen at the moment they dictated the mentioned agreement of the previous cabildo.

Likewise, the act of the previous cabildo violates the constitutional rights enjoyed by all Mexicans. As established in Article 14 of the Constitution, it guarantees that “No one shall be deprived of liberty or property, possessions or rights, except through trial before the courts previously established in which the essential procedural formalities are complied with and in accordance with the laws issued prior to the fact.”

In addition to the above, on February 13, 2017 an official survey was issued (study for the delimitation of terrestrial surfaces) within the Research folder: FGE / QR / AMPTUL / UITUL / 09/17/2016, carried out at the request of the C. Agent of the Public Ministry of the Common Jurisdiction in Tulum, Quintana Roo, which confirms and demonstrates that within the property of the Club Akumal Caribe…THERE DOES NOT EXIST AND NEVER HAS EXISTED AN ACCESS OR PUBLIC PATH TOWARDS FEDERAL ZONE.

As a result of this official document, the agent of the Public Ministry of the Common Jurisdiction of the Municipality of Tulum granted an Order of Protection in favor of CLUB AKUMAL CARIBE SA DE CV.

Unfortunately, this order has not been complied with by the General Directorate of Public Security of the Municipality of Tulum, a situation that has generated more conflicts and intimidation on the part of some groups with personal interests and against CACSA staff as well as the repeated harassment of local visitors and foreign tourists who visit us, these occurring inside the same property of Club Akumal Caribe and before the complacency of the Municipal Police officers on duty who are supposed to protect the safety of the property.

Something very important that we have the moral obligation to clarify is that, “THERE HAS ALWAYS BEEN FREE ACCESS TO THE BEACH FOR ALL QUINTANAROENSE THROUGH THE UKANA I AKUMAL A.C. (CEA) AS WELL AS THROUGH THE 7 WINDOWS TO THE SEA ESTABLISHED IN PDU 2007-2032. “

However, it is completely false that “within” the property of Club Akumal Caribe exists or has ever existed a public access or a window of access to the sea as some groups with personal interests want to believe.

The inhabitants of the municipality of Tulum and especially the people of Akumal deserve to know the truth.

It is not fair that by false information of certain irresponsible groups the peace and tranquility of our people is disturbed. CLUB AKUMAL CARIBE only asks that what is right is respected, as legitimate owners…but above all, that irresponsible groups and the Municipal Authorities and the City of Tulum reconsider and act within the legal framework attached to the strict word of the law and not by simple populist acts outside any legal and moral order.

All this is and should be for the well-being of the people of Akumal.

Thank you very much

Akumal, Quintana Roo on March 29, 2017

An Appeal for Constitutional Order

Below is a statement published in the PorEsto! on Sept 3, 2016 by Club Akumal Caribe/ Hotel Akumal Caribe in regards to the recent events on their property.


 

APPEAL TO ESTABLISH THE CONSTITUTIONAL ORDER IN QUINTANA ROO

Tulum, September 2, 2016

OPEN LETTER TO THE INHABITANTS OF QUINTANA ROO

As Mexicans, we’ve been informed of the status of the 2016 public administration, whom the country has relied on to invest in our resources and create jobs in an honest and transparent manner, always believing the rule of law shelters us.

With the constitution of the Republic and the State of Quintana Roo in our hands, we express our great concern over the events that are emerging at this moment in time in the town of Akumal, Quintana Roo, Municipality of Tulum, in regards to the irresponsible act carried out by the municipal council to push through the proposal by “TODOS JUNTOS POR AKUMAL, A.C.” to give access to the beach area of the town of Akumal with the support of public security at its disposal, going through our private property.  Thus, without a court order and in a meta-constitutional manner, the rule of law has been violated; this not only damages the tourism image of the Mexican Caribbean, but also discourages investment, by allowing people to take matters in their own hands, destroying private property that has been legally established since before 1962.

We must all abide by the rule of law and the authorities must ensure respect for private property and guarantee security for all citizens.

This is not a struggle of the poor against the rich. It is not a social struggle, nor is it a struggle of human rights.  It is a defense of private property and the legal and legitimate right to purchase the land dating back to the 1960s, when there were no communities and no original inhabitants. So we have not deprived people of access to a public beach or a window to the sea. The Urban Development Plan (UDP) which was promulgated by the Municipal Government of Tulum does not show a path or an area of free public access on our private property; however, it clearly marks other windows to the sea in Akumal. These windows to the sea have been established by the government. Not us.

For decades we have and continue to maintain an open access to the general public, we, along with the adjoining property, have never denied public access, yet both owners have seen the need to implement rules of use, due to harassment, threats, theft and damage to our property by businessmen disguised as cooperatives who use our facilities for commercial purposes without any financial contribution. We have invested millions of pesos in building infrastructure and maintaining it, such as lifeguard service, trash removal and bathroom facilities.  Yet, it is the cooperatives who take huge profits, without the tax burden, while the City of Tulum gives permits erroneously, allowing the selling of tours throughout public streets and the harassment of tourists, including in some cases at the entrance to Akumal Bay, where they’ve lied, saying they are there to protect the ecology. And even sometimes using the name of CEA to say that they care for the environment.

It is not fair nor just that the municipal authorities authorized such outrageous acts and destruction and violent stripping of private property. And what’s more, they send Tulum municipal police divisions to safeguard the cooperatives to take over private land.

We are legally established entrepreneurs who comply with all standards of the three levels of government, but suffer harassment, defamation and threats from the cooperatives who profit through the use of private property and the over-exploitation of natural resources.

The country should not accept that their government ignore the rights of society; a society that is dedicated to building a prosperous country by creating opportunities for all, supporting egalitarian certainty in investment, caring for the environment and above all, who carry out social development actions that the state itself sets aside.

Today, more than 80% of Mexicans do not believe in our authorities; we are ranked in the last places of the 2016 global peace index and the economic conditions of the country are not the best. We need to think long term to what will be best for all Mexicans.

We urge that the rule of law be enforced by the government authorities elected this past June 5, to bring order and peace in the state and in particular to the municipality of Tulum—land of all, yet abused by a few with the power of public office.

CLUB AKUMAL CARIBE, S.A. DE C.V. /  HOTEL AKUMAL CARIBE

Armando Couto Keever, Legal Representative


 

The original statement published in the PorEsto can be found in Spanish here: PorEsto-Urge Establecer el Orden Constitucional