CANCUN (El Universal).— The Quintana Roo collective “Sélvame del Tren” requested a hearing from the senator, Olga Sánchez Cordero, following the committees approved an initiative to reform the articles in the Senate of the Republic. 129 and 148 of the Amparo Law, which if voted in favor in the plenary session, would imply a setback in terms of the recognition and guarantee of human rights and the principle of progressivity established in the Constitution of Mexico.
The hearing requested of Olga Sánchez Cordero is for the purposes of expressing to her the seriousness of approving said opinion, and that prior to the corresponding vote, an open parliament be held in order to listen to specialists in the matter, groups and victims, since the initiative unprotects citizens.
The advancement of this initiative in Committees of the Upper House lit a huge red light among the civil society of Quintana Roo, since they have a long and important tradition in promoting amparo trials that they have managed to stop, through provisional suspensions, final and the sentence has arrived, projects that threaten the environment, having important legal precedents.
One of the most emblematic cases was that of Malecón Tajamar, in Cancún, whose ruling stopped the commercial, hotel and condominium development proposed in the industrial estate, because it was proven that the environmental impact authorization was granted based on false and insufficient information. , in addition to the violation of some of the conditions established by the Ministry of Environment and Natural Resources (Semarnat).
“Sélvame del Tren” and some citizens of Quintana Roo have filed various protections regarding the Mayan Train.
The acts claimed have to do with the devastation of the jungle, the environmental impact authorization that the Secretariat granted for the Mayan Train megaproject, untimely and without studies that would allow an adequate evaluation; also due to the lack of authorization to change land use on forest lands and due to the impacts generated by unauthorized works, such as the introduction of piles and fills, among others.
Although the First District Court, based in Mérida, Yucatán, has granted provisional or definitive suspensions, the federal government has incurred contempt.
Currently, the works continue on Section 5 South, despite the court’s instruction to stop them while a series of studies that should have been carried out and have not been exhibited are delivered.
The litigation and the photographic, videographic and legal documentation work carried out on the works in that section have implied delays for the federal government regarding the progress of the work.
In this context and in the face of the repeated complaints of the president, Andrés Manuel López Obrador, regarding the use of protections by those who he considers to be “enemies”, “adversaries” and “pseudo-environmentalists” contrary to his regime, the initiative to reform was presented. the Amparo Law and violate the figure of the precautionary measure, known as “suspension of the claimed act.”
The reform seeks to add a third paragraph that states that in amparo proceedings that resolve the unconstitutionality of general norms, in no case will the suspensions issued establish general effects.
The above means that the suspension granted by a judge, under these assumptions, will only apply to the plaintiff. For “Sélvame del Tren”, a movement made up of scientists, academics, activists and civil society organizations, which has followed up on the Mayan Train megaproject, the reforms approved by the United Commissions of Justice and Legislative Studies are unconstitutional.
“The figure of provisional suspension in the indirect amparo trial, in the face of general norms, aims to maintain the state in which the defendants find themselves, in order to avoid the violation of human rights, or to prevent them from continuing to be perpetuated and thus maintaining the claimed act. In the case of general norms, we cannot lose sight of the fact that there have been many attempts by which this power has been condemned as a responsible authority, along with the State Congress (Quintana Roo) for omitting formal and material rules of the legislative procedure, In addition, the right of access to justice of Mexican men and women and the judicial guarantee of having an effective remedy to protect their rights will be violated,” the group stated.
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2024-04-19 08:14:34