Residents vs. local government over damage caused by vehicular bridge to wetlands in Xochimilco, Mexico

Location

Ciudad de México Mexico

Status
Resolved at first instance
Start date
May 16, 2020
Date of judgment or latest existing decision
October 2022. The complaining party filed an appeal against the dismissal ruling.
Summary

A group of children and young people residing in Xochimilco, Mexico City, filed an injunction against the construction of the Periférico-Cuemanco vehicular bridge, which would be located in the Xochimilco borough of Mexico City. The project was authorized by the Mexico City Ministry of Public Works and Services and awarded to the company IDINSA SA de CV.

The plaintiffs allege a violation of the right to a healthy environment and the rights of nature itself. They argue that the project could affect the rights of present and future generations, as it is planned for a wetland designated as a Protected Natural Area.

Similarly, the complainants denounce the Mexico City authorities' failure to implement the measures established in the Protected Natural Area Management Program, with the aim of preserving and protecting the area, as well as the failure to establish mobility alternatives that do not favor the use of private cars.

The case was referred to a district court specializing in administrative matters in Mexico City, which accepted the lawsuit and granted the permanent injunction. In its ruling, the court stated, "The responsible authorities, within the scope of their respective powers, shall order the third party to immediately halt construction activities on the Periférico Sur and Canal Nacional vehicular bridge project in the Xochimilco borough of Mexico City, specifically the portion of the work being carried out on Ramsar site number 1363."

Subsequently, a modification of the definitive suspension granted in May 2020 was requested; however, this allowed the construction of the vehicular bridge through the third party interested, as well as the rehabilitation project of the same, with the accompaniment of the National Wetlands Commission.

On May 20, 2021, the modification of the definitive suspension was granted, since the Mexico City Government had presented the documentation establishing the legality of the construction; however, it was required to report on the actions taken to comply with the granted suspension. In May 2022, the authority reported on compliance with the suspension.

The amparo proceeding was dismissed by judgment dated September 21, 2022. In October 2022, the plaintiff filed an appeal against the dismissal judgment.

Climate element

In their lawsuit, the complainants state that the wetland where the vehicular bridge is planned violates their human right to a healthy environment and the rights of nature itself because this type of ecosystem must be protected for its fundamental role in the face of the challenges posed by the climate crisis, since they absorb greenhouse gases, in addition to regulating the temperature of the area and filtering rainwater.

They point out that this project particularly affects children and young people, who will suffer the consequences of the climate emergency more severely in the not-too-distant future.

In the Resolution granting the definitive suspension, the Court acknowledged that the project is intended to be carried out within a part of the wetland protected by the Convention on Wetlands (Ramsar).

Claimants
  • Citizens residing in Xochimilco, including children represented by their parents.
Defendants
  • Ministry of the Environment and Ministry of Works and Services of the Government of Mexico City.
Supporting organizations
Coordination of Indigenous Towns, Neighborhoods, and Colonies of Xochimilco
Territorial context

Xochimilco is located within the Valley of Mexico, comprises 14 original towns and 17 neighborhoods, and 79.9% of its area is designated as conservation land. It has been declared a World Heritage Site, both cultural and natural. It also boasts a wetland protected under the Ramsar Convention on Wetlands.

The flora and fauna are abundant and varied, so one of its main economic activities is the production of flowers of various species.

Rules and principles invoked

Standards

  • Convention on Wetlands (Ramsar).

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Instance
Judicial
Actor type
Young people or children
Indigenous peoples and traditional communities
Topic
Rights of nature
Fragile ecosystems
Intergenerational justice
Violation of human rights
Defendant type
Municipality / local government
Interim measures
Granted
Grounds for claim
Right to a healthy environment
National legislation
Regional or international treaties
Other human rights