illegal actions tagged posts

Updates to the Illegal Beach Path in Akumal

Since 2016 when land was illegally taken from Hotel Akumal Caribe by a group of commercial tour guides and operators wielding chainsaws, axes, and machetes claiming their right to the private property, the process to reclaim the land has been in the courts. At the end of January, a federal judge passed the order that the land in fact belonged to Hotel Akumal Caribe, recognized through municipal and public records that the path to the bay is not a “window to the sea” (as the cooperatives/commercial operators claimed) and that the land is to be restituted back to the hotel.

Currently, the municipal president is defying the court order and some of the commercial operators are retaliating by launching false media campaigns.

Recently the following was published in QueQui newspaper. (Translation below.)

 

To the public opinion

Background: On August 31, 2016, various groups of commercial operators, in collusion with the City of Tulum, invaded private property belonging to the Hotel Akumal Caribe. Arguing that within said property there should be a public access to the beach (window to the sea). In the presence and with the consent of the municipal police, the merchants were introduced to the property with heavy machinery, chainsaws and machetes and demolished buildings, deforested green areas and even demolished the statue of Gonzalo Guerrero.

From the date on which this occurred, the invaded area has been used for the sale of turtle swimming tours, rent of vests and other offers of the informal vendors; This to the detriment of the ecology and the tourist image of Akumal.

The Hotel, firmly believing in the rule of law, sought to assert its property rights and the resolution of the conflict with strict adherence to the law. This process has been  long and expensive. Meanwhile, for more than a year and a half, the invaders commercially exploited the property, causing irreparable damage to the image and tourist offer of Akumal.

After a long legal process, the Second Collegiate Court of the Seventh Circuit, Cancun, Quintana Roo, determined that the ownership of the Hotel Akumal Caribe was taken illegally on August 31, 2016 and ordered its restitution. Among other things, the definitive resolution establishes that:

“… to restitute the complaining party with respect to the part of their property that was affected …”

We have full confidence in our legal institutions. The legal truth is now clear. We await the full compliance according to the law by the Municipality of Tulum. The validation by the municipal authorities of acts contrary to the law and the incitement to “continue with the struggle” is a clear challenge to federal justice and the laws of our country.

We will remain committed to the sustainable development of Akumal. Convinced that the best way to help the community is with generating jobs and attracting quality tourism. We should not devalue the tourist offer of Akumal for the benefit of the informal vendors; this does not contribute to its development. On the contrary, it directly attacks the investments that generate employment and the right of legitimate workers and businesses in the tourism sector of the entity.

Hotel Akumal Caribe

Owners, managers and workers.

A Poor Example of Protection Efforts in Akumal Bay

A few weeks ago, the “snorkel with turtles” suspension in Akumal Bay was lifted after only 51 days and SEMARNAT reissued permits to commercial operators.

Much like before, only those with a permit can conduct tours in the bay, and each permit holder is expected to follow certain limitations and restrictions to conduct their business in a sustainable and prescribed way within a specific protected area within the bay. Some of those limitations include:

  • Snorkel activities can only be carried out between the hours of 9 a.m. and 5 p.m.
  • No more than 6 people/group plus a guide.
  • The minimum distance between groups is 10 meters.

A full list of rules for tourist service providers can be found on CONANP’s Facebook page.

Yet in the past few weeks, since the permits were issued, several rules are being ignored. Case in point, the following irregularities and violations have been witnessed:

  • Snorkel tours are being conducted before the hours of 9 a.m.
  • Snorkel tours are being conducted after 5 p.m.
  • Commercial tour providers rumoured to not having a permit are conducting tours and operating in Akumal Bay.
  • Snorkel groups are exceeding the limit of 6 people per group
  • Snorkel groups are not keeping a 10m distance

Why are the rules being broken?

There are several forces at work, as was the case before the suspension. First and foremost, it comes down to the lack of respect for the rules.

For years, many of these commercial operators have been conducting their business in whatever manner they see fit, focusing on profits first and ecological impact last. Also, history has proven that their conduct of operation comes from a different “playbook”—a playbook that condones setting up shop on private property, conducting business illegally, torching police stations and vehicles, vandalizing and theft as well as acts of physical assault against their fellow citizens and tourists… all actions that have come with minimal or no legal consequences.

So how can it be feasible to go from renegade and rebellious self-serving attitudes to having to follow the rules? Even the former permits which clearly stated a maximum of 12 people per day per tour operator were never followed along with other directives, so what possible incentive or motivation would make them follow the rules now?

Secondly, and perhaps the biggest reason as to why the rules cannot be followed falls onto the responsibility of the authorities with their lack of organization and ineffective enforcement and execution of any sort of overall management.

The most recent permits were reissued before the authorities bothered to conduct any scientific studies to establish the capacity limits for the bay or organize a cohesive management plan or even implement protocols or procedures to oversee or enforce the rules, effectively creating a “cart-before-the-horse” scenario.

Authorities are on the beach, but without a monitored, centralized entrance or organized procedures in place for both in water and on the beach activities, there is no way for the authorities to know the following:

  • which groups are entering—permitted or not,
  • which groups are entering with authorized guide,
  • how many people each group is entering with,
  • which circuit each which group is using,
  • are the groups following the timeline for each circuit, or
  • how many total snorkelers or beach goers have entered the beach that hour or day.

If the authorities can’t effectively monitor the activities, how are they expected to enforce the permit rules?

The simple answer right now is that they can’t. Without structure in place and only two PROFEPA staff to monitor all the activities and actions for over 30 permitted groups (alongside the unpermitted groups) in and out of the water, it is just not viable.

As a result of these serious and definite gaps, many of the tour operators are capitalizing on the situation. Tour groups are entering the bay before 9 a.m. and after 5 p.m. with more than six individuals because there are no authorities on the beach at these times. And even when there are authorities on the beach between 9 and 5, they simply don’t have the capacity to fully monitor or enforce those entering without a permit or those entering at a different access with more than six people.

Is protection a priority? 

So, it begs the question, is protection of Akumal Bay really a priority?

If protection of Akumal Bay were a priority, then each and every tour operator would be making a conscious effort to respect the rules and demand the same from each permit-holding colleague.

If protection of Akumal Bay were a priority for the authorities, and not just the façade of back patting and congratulatory credit in decreeing a protected area, a cohesive management plan (including capacity limits based on local scientific studies) with various approaches to administer that plan would have been developed and implemented even before the consideration of re-issuing permits to legitimate commercial tour operators with business permits and a business address.

If protection of Akumal Bay were a priority, an effective and comprehensive plan would take into account more than just the guided tours of the bay—it would consider the rental of snorkel equipment (a great contributor to the overuse of the bay), education and information for all users of the bay, and training and education to ensure all guides are qualified, insured, first-aid certified and all operating in a sustainable, standardized and legal manner.

But… when governments are financially encouraged to put the cart first, the priority for the horse is secondary at best—disregarding the vital planning, implementation, enforcement and management steps—thus resulting in Akumal Bay being a poor example of ecological protection designed by all levels of government involved.

DEFYING THE SUSPENSION ORDER; CHALLENGING THE AUTHORITY

Earlier today several local cooperatives took guided snorkeling tours in Akumal Bay, despite the ongoing temporary suspension and the suspension notice  clearly visible on the beach.

Guide from local cooperative walks his “snorkel with turtle” tour guests past military patrol, PROFEPA and suspension notice sign

The authorities were apparently  taken off guard and started documenting evidence. They were unable to stop this activity although they followed them into the water. Some tense interactions on the beach with the rest of the guides had the military standing by.

Profepa officials were seen on the phone, but they did not get the guides to desist, although they eventually stopped on their own. This seems to be a brazen act of rebellion and lack of respect for the authority, unless something else is happening here.

In addition, cooperatives have been taking tours in after Profepa staff leave at 5pm, and as of yesterday, the Profepa staff were doing overtime and left at 7pm. We hope to get some clarity about this situation soon.

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

Swim with turtles tours still quietly going on despite suspension

March 10, 2017
It has been almost three weeks since PROFEPA suspended the swimming with turtles activities for commercial operators in Akumal Bay. From the suspension, it seems many operators/snorkel guides have begun to diversify their businesses. Instead of heading to Akumal Bay, they now make their way further down the road to Yalku Lagoon. Some tours are also being diverted to Half Moon Bay—an area with abundant reef located in shallow waters; an area that is not suitable for beginner snorkelers who will struggle with their equipment and buoyancy to the detriment of the fragile corals below with a kick, swipe or touch.

 

Then there is the type of business diversity that use covert operations to push the legal boundaries. Yet, if you watch closely, it isn’t all that covert.

 

Just the other day, reports an eye witness, we watched a guide talk to a group of 5 visitors. He walked the group back to the main road and they all reappeared several minutes later on the beach with snorkel and masks in hand. They gathered around the palm trees and listened to the guide who then motioned to the water and pointed somewhere along the horizon as he gave instructions. Immediately after, the guide ran into the water, dove under and swam out to the buoys where he waited for the group to join.

 

It was perfectly disguised as a group of friends going snorkeling together without a guide from the beach, shares the eye witness. But it was so obvious what was going on. As soon as the people got into the water, the guide met them and helped with their equipment, then started to lead them on a snorkeling tour of the bay.

 

The guide not only broke the suspension order by providing service, but clearly shows no environmental concern to the reasons indicated by PROFEPA for the closure for groups in the first place–the protection of the turtles, seagrass, corals. To make matters worse, the guide and the five individuals went into the water on a Red Flag day–a day where waves, current, and visibility are far from ideal–and the same day that the Harbour Captain suspended all nautical activities.

 

However, PROFEPA seems to be onto these underground, covert operatives conducting tours in plain day under their noses.

 

On Wednesday, a guide who was hawking tours and seen with two female tourists, was questioned by PROFEPA regarding his activities.

 

Apparently nothing came of the matter as he explained that the women he approached were “friends” and that he wasn’t selling or conducting tours.

 

Tourists who cover up for their guides , during a government decreed suspension or hire a guide in this clandestine manner are going against a government order.