Ver. Pajapan Mexico
Citizens, fishermen, merchants and people from indigenous communities of Pajapan, Veracruz, from the Pajapan Beach, Veracruz affected by an oil spill on the coasts and Laguna del Ostión, supported by the Regional Indigenous Movement in Defense and Respect for Life and the Human Rights Center of the peoples of Southern Veracruz "Bety Cariño" filed an indirect amparo lawsuit against discriminatory acts towards the Nahuatl peoples and their ancestral commercial activities.
The spill began to appear on the Veracruz coast in March 2026, but it had been occurring for a month prior. The oil slicks affected beaches and bodies of water in municipalities such as Pajapan, Tatahuicapan, Mecayapan, and Coatzacoalcos, impacting fishing and commercial activities. Later, the federal government reported that the primary source was a leak in a 36-inch pipeline connected to the Abkatún platforms, which had reportedly been present since February. The spill affected more than 360 kilometers of coastline, according to information published later.
This litigation questions whether the Ministry of Welfare and Pemex have excluded and discriminated against a sector of the affected people from the support and reparation mechanisms.
According to the plaintiffs, Pemex established the following criteria for accessing compensation: having permits or registrations with the National Aquaculture and Fisheries Commission (Conapesca), demonstrating production, and meeting certain tax requirements. This would have excluded Nahua indigenous fishermen and merchants who carry out these activities in a traditional, communal, and ancestral manner, but who do not necessarily have permits or belong to formally registered cooperatives.
Although approximately 500 people initially filed the injunction, it is estimated that the number of affected individuals could be much higher. Some community estimates suggest around 1,500 people in the region are affected.
The lawsuit seeks more than just financial compensation. The plaintiffs essentially request: a) Recognition as individuals affected by the spill, even without formal permits from Conapesca; b) Full reparation for the damages; c) Addressing potential health impacts; d) Restoration of affected ecosystems, particularly beaches, lagoons, mangroves, and fishing areas; and e) Implementation of measures to prevent similar pollution from recurring.
One of the central arguments is that fishing constitutes a traditional form of subsistence for the Nahua people, so the administrative recognition of a person as a fisherman should not depend exclusively on their registration in a registry designed to regulate formal fishing activity.
The communities of Pajapan depend on coastal and marine ecosystems—fishing, lagoons, mangroves, and shorelines—that are already exposed to phenomena associated with climate change. Therefore, an oil spill could further reduce the resilience of these ecosystems to climate change. This case reveals an emerging dimension of climate litigation: one in which climate change is not necessarily the act being challenged, but rather the context that determines the climate vulnerability of the territory and the cumulative impacts of oil activities and climate change, which profoundly affect ecosystems and communities.
When an oil spill occurs in a coastal area, its ecosystems and communities simultaneously face pressures stemming from climate change and environmental pollution. From this perspective, remediation should not be limited to compensating for immediate economic losses, but should also incorporate ecological restoration, the recovery of ecosystem services, and measures that strengthen the resilience of Indigenous communities to present and future climate risks.
- Citizens, fishermen, merchants and people from indigenous communities of Pajapan, Veracruz
- Presidency of the Republic
- Secretary of Welfare of the Government of Mexico.
- PEMEX
Pajapan is located in the southern part of the state of Veracruz, in the Los Tuxtlas region, specifically in the Sierra de Santa Marta mountain range, facing the Gulf of Mexico. This municipality is part of the Sierra de Santa Marta volcanic massif, which features the Santa Marta and San Martín Pajapan volcanoes. The proximity of the mountainous areas to the coast creates a great diversity of ecosystems and microclimates.
Its hydrology is closely related to the coastal territory: there are several streams, estuaries and lagoons, including the Laguna del Ostión and the Laguna Grande, which flow into or are connected to the Gulf of Mexico.
Pajapan is one of the eight municipalities within the Los Tuxtlas Biosphere Reserve, established in 1998. The territorial importance of Los Tuxtlas stems from the interconnectedness of its mountains, rainforests, rivers, wetlands, mangroves, lagoons, and coastline. The region encompasses numerous ecosystems, including evergreen rainforests, cloud forests, coastal dune vegetation, estuaries, mangroves, and floodplains. In particular, the mangroves of Laguna del Ostión are significant because they serve as refuges and breeding grounds for numerous aquatic and terrestrial species.
Furthermore, Pajapan has a particularly important indigenous territorial dimension. The Sierra de Santa Marta has been historically inhabited by Nahua and Popoluca peoples, and the relationship between territory, natural resources, and community-based forms of organization constitutes a central element of regional identity.
International agreements/treaties
- ILO Convention 169
National laws
- Political Constitution of the United Mexican States
- Law of Protection
Beginning
- Principle of prevention