Tulum Municipal Council 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.

Lack of information and communication by authorities creates confusion and disarray in the bay.

Akumal Bay is in a state of uncertainty as well as disarray.

The declaration of the Refuge for Protected Marine Species and with that a new bay management plan now being enforced has created many problems and issues which in turn is confusing and bewildering to those visiting the bay.

The authorities have not implemented any signs, maps or any visual informational to help inform the visitors once they arrive. Additionally, the general public including Mexican nationals, guests of the hotels and resorts and rental properties are unaware that there are government authorities and other monitors in the bay and when someone approaches them when they are already in the water, they naturally react with doubt and reservation as to who the person is.

It does not help the situation either that for the past year at least there have again been groups of guides from several of the tour operator cooperatives that are now “bay monitors”. Many of these are the very same individuals from the former “Vigilance Committee” of the summer/fall of 2016 that were stalking and extorting visitors to take a tour. They were very convincing with their official looking green shirts or “bay patrol” shirts but in fact they were not any legal authority and many were reported for their actions and bad behavior towards tourists.

All of this has been circulating around in social media and over time has had very detrimental effects to Akumal tourism. Anyone that has access to these pages and have either been following the history of these events or are hearing about these incidents for the first time, would naturally be leery of ANYONE approaching them, especially when they are already in the water…let alone consider even coming to Akumal.

In a perfect world, proper informative signage with maps in English and Spanish would be placed in several strategic and visible locations in Akumal, including the beach. An effort would be put into proper training for these patrols that would include better methods to engage visitors such as basic customer service protocols, conflict resolution and that any personnel tasked with these monitoring responsibilities have good communication skills.

The government officials should speak English at the very least but if their decision is to enlist local guides, then they need to also have proper training and be able to communicate effectively (just not speak) in English. They have been sent out on a mission without the tools to carry out the mission!

And to make an effort to try to be polite and professional even educational to visitors would go a long way.

There should be visual aids by way of signage letting people know what the rules are BEFORE they enter the water. There should be someone available to answer questions or doubts. None of this is in place, but we are hopeful that it will be and very soon. The business and property owners of the bay have been requesting this from the authorities and showing them evidence of how a management plan can go very wrong if not monitored correctly.

So one wonders why there is so much conflict now with the present “vigilance committee” of Akumal Bay? And consequently, the actual government officials should be wondering why they are getting a negative reaction from tourists when they approach them…because there in fact is indeed the source of the issues plain and simple.

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

Public Security Agency invades private property

The following article titled, “SP invade propiedad privada” appeared in PorEsto! on March 17, 2017. The following is a translation of the article with additional images.

The original article can be found at: http://www.poresto.net/ver_nota.php?zona=qroo&idSeccion=6&idTitulo=546737

 

Violating the rule of law, the Municipal President, Romalda Dzul Caamal, orders the police to invade private property in the bay of Akumal, by placing a module of the Police agency. The lawyers are preparing to submit the corresponding formal complaint. The fact that a municipal authority in the course of his functions and attributions enters a property without authorization or attempts to dispossess a private individual involves serious crimes for the public servant, in this case the person in charge of Public Security: accused the defending legal party. Javier de Anda Morales, lawyer and legal adviser of Club Akumal Caribe, explained that without prior notice, without authorization, without notice, the Public Security staff headed by General Director Gabriel González Ornelas arrived in an inappropriate manner.

“They are overlooking a lot of information about the scope of their functions and attributions that causes such action, because if the place where they placed the module was a public access, they would already have had it under their control, without the need for an agreement from Town Council, he said. So it is that a tow truck transported the module of information and surveillance, and was set down inside the property, which belongs to the Club Akumal Caribe, trying to dispossess a private individual, which implies a violation of fundamental rights and human rights. “Obviously such an action constitutes an act of dispossession, on the part of the municipal authority headed by Romalda Dzul and against private property and a hotel, the relevant thing is that the module is placed just at the entrance of the hotel and the first view of the hotel is the Public Safety module, “he said.

The mobile police module enters Akumal and is parked on private property without notification or permission.

The lawyer recalled that a complaint was filed in the past on September 5, 2016, since on that occasion individuals with a tractor, entered the property and destroyed several palapas, claiming an alleged public access to the beach, although it has been stated that in that part there is no public access.

“However, such an act was done after an agreement of the Town Council, agreement that is in the courts, being totally illegal and that it is a confiscatory act, because without having any legal basis or proof, they go and say that it is a public access, being that in the PDU, it is not marked a public access, not even close to the property of Club Akumal Caribe, “he said.

He further explained that the Public Ministry has issued an “Immediate Response” order to the Public Security Agency, who instead of complying with the order, which was never called for by the complaining party anyway, now have placed a module saying that it is to somehow to protect the security of the people, in which it is not agreed since it implies the violation of the rights of the one that has possession, and implies the dispossession of a property. “As is now the case of the Club Akumal Caribe, unfortunately it is considered a political issue rather than a legal one and precisely, instead of bearing the political obligations, which would in any case be respecting property rights, they are protecting a series of individuals, violating property rights of a hotel that generates many jobs, “said the lawyer. At the same ceremony Armando Couto Chevert, representative of Akumal Caribe, recalled that on August 31, 2016 they were stripped of part of the property, where individuals destroyed part of the facilities to make an access to the beach, after stating that it is an access, but by no means has it ever been public.  At this point, individuals are still there day and night standing guard, intimidating the hotel staff.

After this action of last Thursday of the invasion by a module of Public Safety, the director was asked to remove the unit to another location, who only said that they would verify, and it is currently the front view of the hotel property.

The aggrieved party shall submit the corresponding complaint, putting the facts before the knowledge of the authority, who must determine whether or not it is, nevertheless, consider that any irruption to a private property without authorization, as in the above cited, constitutes a crime.

“They will regain their property” reads PorEsto! article

They will regain their property” is the headline found in the PorEsto! in the September 9, 2016 edition. The original Spanish content is online HERE. What follows below is a translation of this article.


 

AKUMAL, TULUM, September 8, 2016—At a press conference organized by the managers of Centro Ecológico Akumal (CEA), the Asociación de Hoteles de Tulum (AHT) and representatives of Hotel Akumal Caribe, it was announced that legal action will be taken in adherence to the law regarding the access which was opened in Akumal, after the council of Tulum approved its opening and reversal of the means and bound document  this past August 29 which the pobladores say is a “window to sea,” although the legal entity that is part of a lodging center where the path was opened, declared it is  private property.

Therefore, Armando Couto Keever, legal representative for Laura Bush, who owns the hotel Akumal Caribe, said that the access that the pobladores were fighting for on paper is the part  that adjoins to the private property of the CEA which is in conflict, so it is part of the property belonging to the lodging center that has been invaded.

“We are asking the authorities to do their job and everything depends on how circumstances arise, but obviously it comes down to recovering property, because that opened access is part of Akumal Caribe,” he said.

He also mentioned that in the coming days they will proceed according to the law and will not allow people to access property that he alleged belongs to the hotel.

Asked whether private security personnel would be hired to prevent the passage of people, Couto Keever said that that it is not up to him, and the only intention “is that people do not pass if it is not a public access.”

In addition, with respect to the suspension granted by a judge, following an application  of appeal, submitted  after the events carried out by the pobladores this past August 31 with the presence of the police protection, and that the closing of this access would go against the process, the interviewee replied that they expect the lawyers to proceed according to the legal process they are carrying out.

Recalling that on the seventy-fourth session of the council of Tulum, held this past August 29, under General Business, the pobladores lobbied the council to approve the reopening of a public access to the bay, because in past years they have alleged that it is a window to the sea.

During that session, seven aldermen and one trustee voted to revoke the content of the “document” number  DC/DTC/201/2013 dated August 26 2013, effectively backdating the effects of the means and boundaries before that date, and proceeded to open this access.

As a result of that vote, the legal council of the hotel stated that the action by the city of Tulum to declare the revocation of this document, several irregular actions occurred: First, the statement to overturn the said “document” was made without substantiating any proceedings which meet essential formalities established by law.

As well, this agreement also resulted in the confiscation of private property, and depriving the right of private ownership of a particular part of the property and made use of it without having acquired it through expropriation proceedings or through other legal means of  acquisition.

In addition, the council of Tulum lacks the power to determine the revocation of that “document,” as in accordance with the Law of Land Registry of the State of Quintana Roo, the council of Tulum has the authority to resolve appeals of revocation proceedings brought against their own actions and decisions and generally not those that are brought  against acts and decisions made by other  municipal authorities.

Note that this clearly suggests that in the next few days this access to Akumal beach could close, for which the dispute whether it is public or private has gone on for various years, so with that, there could be another confrontation with acts of violence.