At the northeastern corner of the Yucatán
Peninsula, the small island of Holbox (43km long and 2km wide) is separated
from the Mexican mainland by a shallow saltwater lagoon. The 6th of
June 2014 marks the 20th anniversary of the Yum Balam ecological
reserve, of which Holbox forms part. I arrived on this island a week ago in the
early hours of the morning of Thursday 29th May. The quiet sandy
streets gave no hint of the social unrest that was to erupt a few days later.
At about 4pm on Sunday 1 June, as I was sitting in a café on
Holbox plaza, chatting to a local, the church bell started to ring insistently.
After taking a call on his mobile, the local said that a meeting of Holbox
landowners earlier that day in Kantunilikin (a small town on the
mainland) had not gone well and that the bell was calling local people to the
plaza to protest. As people gathered in front of the steps of the town hall,
someone speaking into a megaphone called for the old mayor to step down and for
a new one to be appointed. A police car, appropriated by the locals (the police
had left the island earlier that day) was parked in front of the town hall and
the sound of its siren mingled intermittently with the pealing of the church
bell.
The megaphone speaker apologised to tourists for the disturbance. I moved over to a doorway where three old women were gathered, watching the drama unfold. I asked them what was going on. One woman lifted a handful of sand from the street and, letting the grains trickle through her fingers, explained that it was all about the land, land that had been stolen by rich people from locals who never read the small print on the contracts they signed. An hour later, as I wandered back through the plaza, I noticed that graffiti adorned the sign in the centre of the plaza which up to then had been celebrating the ‘DIA DE LA MARINA’ on 1 June. It now read ‘NUEVO MUNICIPIO HOLBOX. 1 DE JUNIO 2014. DIA DE USOS Y COSTUMBRES’ – the 'day of the mariners' had become the 'day of traditions and customs', under a proclaimed new (self-elected) town council. Local people occupied the plaza for the rest of that day, through the night, and the following day too. As I left the island in the early hours of the morning on the 3rd of June, I noticed that the plaza was strangely empty. But the graffiti remained.
The megaphone speaker apologised to tourists for the disturbance. I moved over to a doorway where three old women were gathered, watching the drama unfold. I asked them what was going on. One woman lifted a handful of sand from the street and, letting the grains trickle through her fingers, explained that it was all about the land, land that had been stolen by rich people from locals who never read the small print on the contracts they signed. An hour later, as I wandered back through the plaza, I noticed that graffiti adorned the sign in the centre of the plaza which up to then had been celebrating the ‘DIA DE LA MARINA’ on 1 June. It now read ‘NUEVO MUNICIPIO HOLBOX. 1 DE JUNIO 2014. DIA DE USOS Y COSTUMBRES’ – the 'day of the mariners' had become the 'day of traditions and customs', under a proclaimed new (self-elected) town council. Local people occupied the plaza for the rest of that day, through the night, and the following day too. As I left the island in the early hours of the morning on the 3rd of June, I noticed that the plaza was strangely empty. But the graffiti remained.
For the sake of clarity, this article separates the conflict
on Holbox into 3 separate issues:
1.
The intentional sale of waterfront plots of land
in La Ensenada (an undeveloped part
of Holbox uninhabited by humans) by 70 Holbox ejidatarios and the unwitting sale of these ejidatarios’ rights to the ejidales
of Holbox (italicised terms explained below)
2.
The major touristic development planned by the
development company Peninsula Maya Developments in La Ensenada
3.
The (shelved) management plan for the Yum Balam
ecological reserve (of which Holbox forms a part)
1. The sale of plots
of land in La Ensenada
On Thursday 29 May (the day I arrived on Holbox), a petition appeared on Avaaz, asking signatories to “Save
Holbox Island! …if you care about the environment, life and the people living
on Holbox island, which is part of the Yum Balam Biosphere Reserve.” The
petition (which is quite lengthy, and in Spanish) stated that:
“On Sunday 1 June 2014, an assembly of ejidatarios will vote to approve the sale of land on Holbox to the company Peninsula Maya Developments who wish to build 875 villas and condominiums, three hotels, a shopping complex, access channels and a harbour.”
The gist of the petition was that these
new ejidatarios had illegally
obtained their ejidales rights and
that these rights must be restored to their original owners in order to stop a
major tourist development, by non-local developers, going ahead on Holbox
against the wishes of the Holbox community (approximately 2000 people).
In Mexico, ejidatarios are owners of common land (ejidales) and agrarian rights of distribution related to that land. The areas of common land (ejidales) remain commonly owned by the ejidatarios unless and until the ejido (a body which administers the ejidales from a headquarters where it carries out transactions and holds assemblies) decides to divide up all or part of the commonly owned land into plots which are then individually owned by each ejidatario. Together, the commonly owned ejidales make up one ejido, which, as well as being an administrative body, also refers to the entirety of the common land. So, for example, the ejido (the entirety of the common land) might be divided into different parcels (ejidales) of commonly held land, distinguished by name and geographical location. Originally, when the Mexican government granted this common land to qualifying Holboceños (Holbox natives), none of the land could be sold (either individually allocated plots of land or the land held in common) – it could only be inherited by the descendants of the ejidatarios. The law was modified during the nineties allowing the individually owned plots to be sold to Mexican nationals and to national or non-national companies. It is one thing for an ejidatario to sell his/her individual plots of land. It is quite another to sell his/her rights to the commonly owned ejido/ejidales. The difference is that even if a plot of land is sold by an ejidatario, he/she is still entitled to receive distributions akin to dividends from the ejido (for example property taxes are paid to the ejido on the sale of any plots of land and these taxes (less administration fees) are eventually distributed equally as dividends between all of the ejidatarios belonging to that ejido. In addition, if the ejido decides to divide up more of the land into individual plots, the ejidatario stands to gain more land which he/she then owns individually and can sell on). These rights are valuable – they represent a potential income stream and also the right to a defined asset at some point in the future (allocated plots of land). Those who possess these rights are legally obliged to be living in the same state as the relevant ejido (in the case of Holbox, the state is Quintana Roo) or to maintain a presence there with periodic visits to the ejido or to already own property in the ejido.
In Mexico, ejidatarios are owners of common land (ejidales) and agrarian rights of distribution related to that land. The areas of common land (ejidales) remain commonly owned by the ejidatarios unless and until the ejido (a body which administers the ejidales from a headquarters where it carries out transactions and holds assemblies) decides to divide up all or part of the commonly owned land into plots which are then individually owned by each ejidatario. Together, the commonly owned ejidales make up one ejido, which, as well as being an administrative body, also refers to the entirety of the common land. So, for example, the ejido (the entirety of the common land) might be divided into different parcels (ejidales) of commonly held land, distinguished by name and geographical location. Originally, when the Mexican government granted this common land to qualifying Holboceños (Holbox natives), none of the land could be sold (either individually allocated plots of land or the land held in common) – it could only be inherited by the descendants of the ejidatarios. The law was modified during the nineties allowing the individually owned plots to be sold to Mexican nationals and to national or non-national companies. It is one thing for an ejidatario to sell his/her individual plots of land. It is quite another to sell his/her rights to the commonly owned ejido/ejidales. The difference is that even if a plot of land is sold by an ejidatario, he/she is still entitled to receive distributions akin to dividends from the ejido (for example property taxes are paid to the ejido on the sale of any plots of land and these taxes (less administration fees) are eventually distributed equally as dividends between all of the ejidatarios belonging to that ejido. In addition, if the ejido decides to divide up more of the land into individual plots, the ejidatario stands to gain more land which he/she then owns individually and can sell on). These rights are valuable – they represent a potential income stream and also the right to a defined asset at some point in the future (allocated plots of land). Those who possess these rights are legally obliged to be living in the same state as the relevant ejido (in the case of Holbox, the state is Quintana Roo) or to maintain a presence there with periodic visits to the ejido or to already own property in the ejido.
Back to the situation in Holbox. In 2004,
70 out of the 117 ejidatarios on
Holbox accepted an offer from the company Peninsula Maya Developments of
5 million pesos (approx. GBP£250,000) for each waterfront plot of land (which
they each owned individually as this land had been allocated by the ejido). They received payment for the
sale in 2008. The other 47 ejidatarios
refused to sell their plots in that area (which is known as La Ensenada). According to
a local source, this has led to a huge conflict within the ejidatario community, with those refusing to sell being henceforth
referred to as Los Talibanes (the
Taliban). A local protest group, YDH (Yo
Defiendo a Holbox – I Defend Holbox), made up of ejidatarios, claim that the waterfront plots of land were actually
worth 99 million pesos (approx. GBP£5 million) each and that since they did not
realise that at the time, they were cheated by the buyer Peninsula Maya
Developments.
What the 70 ejidatarios
more recently realised is that they appear to have sold not only their
waterfront plots of land in La Ensenada
to Peninsula Maya Developments, but also their related common rights to all the
common land/ejidales/ejido on Holbox.
Talking to locals, the consensus seems to be that the ejidatarios had been hoodwinked by rich people and hadn’t read the
small print in the contracts which they signed when selling their land. In the
meantime, a local rumour is that the 47 ejidatarios
who previously refused to sell, have been in closed negotiations with Peninsula
Maya Developments and have been offered 15 million pesos for each of their
waterfront plots of land in La Ensenada. It is unclear how many of these 47 ejidatarios are simply waiting for a better price to sell their land and how many are not interested in selling at all.
The Avaaz petition presents the 70 ejidatarios calling for a restitution of their common rights to the
ejidales in order to stop the major
tourist development planned by Peninsula Maya Developments. The group YDH
points out that that the new ejidatarios
are businessmen/women from the state of Yucatan, who do not live in the state
of Quintana Roo. However, the petition conflates 2 separate issues. The ejidatarios want their rights to the
common land of Holbox returned to them, because, understandably, they feel that
they have been swindled, having never intended to sell these rights. However,
when they sold their plots of land, they must have understood that these lands
would be subject to development as they were selling them to a development
company – Peninsula Maya Developments.
2. Peninsula Maya
Developments
Heading up Peninsula Maya
Developments is Fernando
Ponce García and his son-in-law Ermilo Castilla Roche. Ponce García owns Bepensa which is the company used by
Coca Cola to bottle its product for the Yucatan Peninsula. The Ponce family (generally referred to as los Ponces) are well known as a wealthy, powerful and well-connected Mexican family. YDH contend that 11
or 12 years ago, Ponce, the head of Peninsula Maya Developments suggested that the ejido of Holbox should form a company in
order to ‘help’ Holbox with a major tourist development. Subsequently,
Peninsula Maya Developments was formed by businessmen Ponce and Castilo
together with the property developer Ara and the ejido for Holbox.
I checked the website of Peninsula Maya Developments to see what kind of development they are
planning for La Ensenada on Holbox.
The front page of the website presents an ecologically friendly image – it
states that the company will only develop 10% of La Ensenada and will ensure that the rest of this pristine habitat
is protected. They will employ experts in their field to design the tourist
complex and the concentration of the land in the hands of one owner (Peninsula
Maya Developments) rather than a multitude of ejidatarios will protect it from badly planned future ad hoc
development.
“The PMD Project promotes preservation through sustainable, nature-based tourism. This concept utilizes a fraction of the land (10%) as the base for travelers and investors who want to visit Isla Holbox because of its intrinsic natural environment. This can only be accomplished applying appropriate planning and development guidelines on most or the entire island. One owner with a single vision can plan this. A sub-divided island with multiple owners who have different interests cannot.
In order to help insure that PMD property is appropriately planned to help protect all of Holbox, PMD will infuse into the Master Plan many protective measures…”
The website provides a link to a
presentation with more detail on the
project – I had to register with my name and email address to gain access.
The first half of the 41-slide
presentation (in English) was not hugely interesting or informative in terms of
the kind of development planned. It was only on reaching slide 16, that the
language started to reveal the intentions of the developers, and, in
particular, the exclusive tone of the planned development.
“At Peninsula Maya Developments, real estate becomes a part of the attraction of the resort. By clustering three different 50-75 room boutique hotels around a single, large ‘outdoor living room’, the three become a pivotal chapter in the story of this magical island. Each appeals to the guest seeking a specific experience – oceanic adventure, culinary arts, and wellness/life extension.”
Ironically, most of
the existing hotels on Holbox (owned by locals) have between 10 and 29 rooms,
with one 'large' hotel which has 68 rooms. So, ‘boutique’ hotels already exist
on Holbox (in the inhabited part of the island), and many of them are pretty
upmarket (see for example the eco-friendly Casa Las Tortugas).
875 private villas and condominiums are also planned as part of the PMD
development which would bring an estimated 6,000 people to this currently
uninhabited part of the island.
The PMD presentation
goes on to describe its three boutique hotels as follows:
“The three share the spectacular deck, which is organized so it serves as a dramatic entry, a signature restaurant, a pool area and a collection of quaint shops for each hotel…. They draw strength from one another and from the uniqueness of the living-room-as-a-small-village concept.”
Many small local
shops, owned and run by people who live on Holbox, and selling their own goods,
already exist on Holbox – in the inhabited part of the island.
The PMD hyperbole
continues:
“The outdoor living room is the social hub of the resort where guests and residents alike gather in a near-theatrical setting that reflects their cultural interests and casts them as players in a performance that unfolds each day and night. With the two and three storey high porticos of the three hotels as backdrops and palms and tropical shrubs and flowers as set pieces, this splendid stage provides a strong emotional connection to both the land and the sea. The 25,000 square foot living room…is its own destination within a destination.”
At this point, have a
look at the video ‘130 seconds of Isla Holbox, Mexico’ which provides a good sense of what real life on Holbox is like - and how far
removed the vision of PMD is from the local culture and community. The slightly
longer video, Sin Holbox no hay Paraiso (Without Holbox there is no Paradise) was made by locals on Holbox about 18 months ago,
seeking international help to protect their island. Locals are currently
working on another video which will be released soon.
Coming back to the
PMD development: according to the presentation, it will provide an ‘attractive destination for celebrity
musicians’ because, amongst other things, the planned development includes
a state of the art recording studio and an outdoor amphitheatre. Yet, the
presentation insists, “the resort engages
the Holboceños as partners in the future of
the island. They are among the resorts’ decision makers.” This quietly ignores the question of
whether the local people want the resort in the first place. Some may welcome
it (in the hope of gaining employment and more tourist trade) but, from the conversations
I had over the last few days, it seems that most locals do not want this
development to go ahead. The exclusive tone of the language describing the
planned development in the PMD presentation suggests that it will be anything
but inclusive of the local community. The presentation’s reference (towards the
end) to “community input and
participation” in the development is highly dubious. What is more revealing
is PMD’s description in the presentation of the project phasing:
“Development will follow market demand.Future permitted phases will remain natural environments until or unless there is demand.”
The Peninsula Maya Developments website and presentation
claim that Holbox needs to be protected from unplanned and unmanaged
development, and that they are best placed to do this, having an array of
outside experts at their fingertips. Nowhere does the presentation (dated 2014)
refer to a shelved, community-driven management plan whereby the locals of
Holbox wish to regulate, on their terms, the development, and protection, of
their island.
3.
The management plan for the Yum Balam ecological reserve (which includes Isla Holbox)
More recently, another petition
has appeared calling for the Mexican government to ‘draw up’ a management plan
for the Yum Balam ecological reserve. Once again, the wording of this petition is misleading in that it
suggests that a management plan does not exist. From my conversations with
locals on Holbox over the last few days, I learnt that during the summer of
2011, several workshops were held on Holbox with various stakeholders
(fishermen, service providers (eg hotels and tour operators), local business
owners) who reached agreement (described by one local as a ‘compromise’) with
the government bodies CONANP and SEMERNAT on what the Yum Balam management plan should contain in relation to Holbox. Crucially, I was told that all parties agreed that the area known as La Ensenada should be untouched – ie
protected from development in the future. CONANP (Comision Nacional de Areas
Naturales Protegidas) is the Mexican Commission for Protected Areas and
SEMERNAT (Secretaria de Medio Ambiente y Recursos Naturales) is the Mexican
Secretariat for the Environment and Natural Resources. A local who attended the
workshops told me that CONANP and SEMERNAT promised that the Yum Balam management plan
would be circulated by November 2011 at the latest. There is still no sign of
the management plan. When stakeholders have called to find out where it is,
they have received various responses: it has been drafted, finalised, printed,
it is just about ready to send out…but still no management plan has appeared.
If the Yum Balam management plan were released, assuming
that it restricts any development of La
Ensenada, this would of course pose a problem for the major tourist development
planned by Peninsula Maya Developments. Draw your own conclusions.
The
Yum Balam management plan is urgently needed on Holbox for other
reasons too. While I was on the island, a police patrol boat carried out
a
night-raid on the lagoon separating Holbox from the Mexican mainland.
They
seized two fishing boats with 42 illegal nets between them. There may
have been
other illegal nets in the water which the patrol boat could not get to.
Illegal fishing in the lagoon is causing huge problems for the local
fishermen on Holbox (it is a fishing community) who have noticed their
stocks
dwindling as the illegal nets catch more and more juveniles.
Holbox is known for its whale shark tours from May to
September when whale sharks congregate in the waters off its coast. There are
about 10 whale shark tour operators on Holbox. When I asked one of the
operators about a code of conduct, I was told that one existed between the
operators but it was not written down. Despite this verbal understanding
between tour operators, not all of them abide by the same rules. For example
some boats will chase after just one whale shark in the hope of fulfilling
their promise to the tourists on board of being able to snorkel with these
magnificent creatures. Other operators don’t join this chase and prefer to wait
longer and approach the whale sharks more calmly and sensitively. Some
operators had posters of rules outside their shops – but even here there were
discrepancies with some listing the required distance between a snorkeller and
a whale shark as a minimum of 5metres, others as a minimum of 2 metres.
There seems to be general agreement though that the captains of the boats are extremely vigilant in stopping tourists trying to touch the whale sharks. A management plan could include a written code of conduct which regulates these activities – this would then help to counter the claims of outside developers such as PMD that the ecology of Holbox is not adequately protected.
There seems to be general agreement though that the captains of the boats are extremely vigilant in stopping tourists trying to touch the whale sharks. A management plan could include a written code of conduct which regulates these activities – this would then help to counter the claims of outside developers such as PMD that the ecology of Holbox is not adequately protected.
What does the future hold for Isla Holbox?
In 2005 after Hurricane Wilma, foreign aid flowed into
Holbox to help with the devastation. In 2008 the 70 ejidatarios (finally) received payment from Peninsula Maya
Developments for the sale of their waterfront plots of land. Locals described
to me how the island has changed a lot since these two injections of cash,
pointing to the increase of golf cars on the island (some families own more
than one car per family) and the construction of 2 storey concrete houses
compared to the traditional one storey palapas (thatched with palm fronds). It
is undeniable that local development on Holbox is happening and that the island
is changing.
At the start of this article I described how locals had
gathered in the main square of Holbox on 1 June to protest at the outcome of a
meeting in the mainland town of Kantunilkin. This meeting was an assembly of
the Holbox ejido with the new ejidatarios to approve the division of
Holbox into four ejidos (Peninsula Holbox, Isla Holbox, Holbox and
Punta Holbox). Outside the meeting,
while the new division of Holbox was approved by 70 out of 117 ejidatarios, the police prevented the former (disenfranchised) ejidatarios from entering the
assembly. The injury of an elderly ejidatario after the meeting (when the
car of the director of public security for local government ran over the
elderly gentleman’s foot and then continued without stopping) prompted the crowd to attack the vehicle with stones.
The police responded by firing tear gas at the crowd. This was the prequel to
the church bell ringing in the plaza of Holbox a few hours later and the locals' occupation of the town hall – in an attempt to force the government to talk to
them about their grievances. On 2 June, a delegation of the former ejidatarios travelled to Cancun to talk
to the Secretary for the government of the state of Quintana Roo. On the return
of this delegation, later that evening, they surrendered the town hall and
disbanded the occupiers, on the basis (and in the hope) that the 1 June
assembly may be declared void.
This conflict raises difficult questions. For example, if
the rights to the common land of Holbox were returned to the 70 old ejidatarios, would they still
be calling for protection of Holbox against a major tourist development or
would they sell these rights (which they now know are worth a lot of money) to
the next bidder? They were prepared to sell their plots of land to a developer
in 2004. Where was their concern for protecting the environment of Holbox, and
their children’s heritage, then? Or have they realised that the money from the
sale of their lands has not improved their quality of life as much as they
imagined and has cost them a lot more in terms of loss of heritage, and perhaps
even identity?
Can the community on Holbox come together despite the
divisions which exist between the former ejidatarios
and Los Talibanes, the ejidatarios who would not sell, and some or all of whom who
may have now agreed to sell via closed discussions with PMD? Can the community,
which consists of native Holboceños and incomers who have developed
local businesses there (such as the beachfront hotels) and who mainly work in
the tourist industry, agree on a vision for the island whereby the island’s
culture and ecology is managed by the people who live there?
Perhaps the only thing that is clear from the tangled conflict on Holbox is that
self-management via a government-supported and resourced management plan, by a
local community who live on and know their island, is preferable to 'management'
by outside property developers who claim to have the best interests of the
island’s ecology, culture and its community of 2000 people at its corporate
heart.
Interesting, Ruth, but is just one of many similar incidents. I do not blame the developers, opportunists are ever-present, but greedy owners and ineffective/corrupt government. D.
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