The fourth district judge considered that the complaining party demonstrated their legitimate interest in the case, by showing that they are inhabitants of the area where the railway project is being built.
Cancun, QRoo.- The fourth district judge based in Yucatán decided to grant three more definitive suspensions against the Maya Train as a result of three appeals presented by the Assembly of Defenders of the Maya Múuch ‘Xíinbal Territory and the Chuun T’aan Maya Collective in Against the approval of the Environmental Impact Statement granted by Semarnart to said project.
The fourth district judge considered that the complaining party demonstrated their legitimate interest in the case, by showing that they are inhabitants of the area where the railway is under construction.
In a statement, the organizations reported that the judge stated in the ruling that: “the balance of justice must be tipped in favor of nature, especially considering that the impact (of the Maya Train) has the potential to transcend later generations. and not only to those who live in the area but even to the whole world in attention to the interdependence of the world’s ecological systems ”.
“It is considered that the danger that it would imply for the safeguarding of the right in question, if the suspension was not granted, is justified”, is added in the fragments of the judicial decision.
The organizations assure that the precautionary principle was taken into account, recognized in article 15 of the Rio Convention on Environment and Development, which operates as an interpretive guideline given the limitations of science to establish with absolute certainty the risks to those that face nature, and that, in relation to public administration, implies the duty to warn, regulate, control, monitor or restrict certain activities that are risky for the environment.
“Therefore, the mere existence of a manifestation of environmental impact does not provide absolute certainty that all the variables have been considered or if the interpretation of the effects of the state’s actions in a certain project will be effectively those embodied in a document of such nature” , continues the decision of the judge.
The definitive suspension implies that the construction work of the train or any other that implies deforestation or endangering of native animal and plant species of the territories of the state of Yucatan must cease, in addition to the responsible authority, in compliance with article 149 of the Law of Injunction (Amparo), must order any individual to immediately stop the execution, effects or consequences of said act and take the pertinent measures for strict compliance with the provisions of the resolution.
Source: El Economista
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