Maya train public consultation creates yet more uncertainty

President Andrés Manuel López Obrador’s (AMLO) US$7.7bn Maya train was “approved” over the weekend by 84 Mexican municipalities in five southern states amid criticism over the public consultations' legality. 

“It is not a public consultation, but rather a way to legitimize the actions of the president with the support of the population,” Rogelio Rodríguez Garduño, a law professor at Universidad Autónoma de México (UNAM), told BNamericas.

According to the expert, the public consultation or referendum violates article 35 of the constitution and is not valid since consultations must be carried out by Mexico's elections supervisory body (INE). 

He also said infrastructure projects are not subject to public consultation.

“Article 35 constitutional is very clear. Among the things that cannot be put up for consultation, for example, is tax collection, the weakening of human rights and the distribution of the budget and infrastructure works. Who is responsible for carrying out the necessary infrastructure? The executive through a national program,” he said. 

Over the weekend, public consultations for the 1,452km line were carried out at 269 points and 15 discussion assemblies in the states of Yucatán, Quintana Roo, Chiapas, Tabasco and Campeche. The participation of more than 1,000 indigenous communities was “overwhelming,” the government said in a statement.

However, residents of the southern Peninsula received only “minimum” information on the plans, daily El Universal reported. 

Most consultations took place in Yucatán, in 58 municipalities, while only four Tabasco state municipalities took part in the referendum. Aside from areas the passenger and freight rail line would directly cross, municipalities 30km away from the line were also consulted.

During the discussion assemblies, indigenous communities proposed ways in which they could participate and how they would manage the benefits the train would bring.

The government claims the train will benefit 12mn inhabitants. 

HISTORY

The government had put the Maya train for public consultation before. 

One referendum was launched last year when environmental concerns arose and over 100 scientists sent AMLO a a letter asking him not to proceed with construction of the freight rail.

This time, however, the president worried indigenous groups could halt works. Hence, last month AMLO said while announcing the consultation, "I do not want to start something that will not get completed.”

UNAM's Rodríguez Garduño said the rail line is vulnerable to federal suspensions much like the airport at Santa Lucía military airbase, which was halted for almost three months due to appeals filed by private citizens and business associations.

Appeals can be filed "not only by those who feel affected by the rail line because it passes through their property or the communal area physically but also by those who feel it affects their personal development or the environment," he said. 

TENDERS COMING UP

The president’s decision to call for a second consultation created uncertainty, and some critics even suggested that the government was looking for a way out.

But now, the project is one step ahead of becoming a reality and the first series of tenders will be launched in January, AMLO said on Monday at his morning press conference. 

"In the first week of January we are launching the tenders for the stretches where the basic engineering is already done. We are talking about 800km ready to start now," he said, shortly after praising the result of the consultation. 

He also asked leaders of construction companies to be "prepared" to start the bidding process. 

On Friday, the national tourism board Fonatur, which is responsible for building the train, received the basic engineering studies for the project.

The contract was awarded in August to a consortium comprising Senermex, Key Capital, Daniferro Tool and Geotecnia y Supervisión Técnica for US15.2mn. The consortium had eight months to complete the study, but did it in four.

With the study, the government can lay out a plan for interested construction companies that want to get involved in building the seven stretches through three regions – the Caribbean, the Gulf and the jungle.

The study is part of the first stage of the Maya train and includes analyses of earthworks, structure, tunnels, stations, access roads, technical and electrical works, cartography and topography, drainage and others, Fonatur said.

Now that the basic engineering study is completed, the government can launch a tender for the environmental risk studies, communications and transportation minister Rogelio Jiménez Pons said on Friday.

Pictured: A Maya train public consultation. Photo credit: Gobierno de México