Latest news via Dobie

This is rather long, but Daniel asked me to post it here. dobie  (La Manzanilla message board)

The Good News – Lino, a member of the ejido and owner of the historic Hotel Frances in Guadalajara has won his case for 5 of his lots on the hill to Playa Mora (the snorkeling beach). He was able to fence 3 hectares (7.5 acres). This is a major advance, as the other 4 who won hadn’t been allowed (by the “private” state police) to fence their lots, although they have a judicial order to do so. These lots are outside the 42 hectares of Rodenas’ original claim. As of now, access to Playa Mora is still by walking around the rocks at low tide. 

Francisco, the lawyer who’s working to help the restaurant owners recoup some of their losses, is filing a queja (a type of lawsuit) which will cover all of the lots that are outside the 42 hectares, (maybe as many as 100 lots) that Rodenas has taken possession of illegally. Some of you might remember that a couple of years ago another lawyer, Everardo Rojas won a similar queja, but after going through revision, the decision was reversed. Apparently it was denied because it included all of the land that Rodenas took, including the lots within the 42 hectares. That’s a separate case and is still in process. 

There was a meeting at Chito’s restaurant last week where people decided to invite Julian, the president (head) of the municipality of La Huerta, to come to El Rebalsito and talk to people about what’s happening with the beach. People are asking for the right to be vendedores ambulantes (walking beach vendors) in the federal zone. Also included in the email invitation was a request that Francisco (the lawyer) be given access to all the files relating to the concession so he can keep us up to date as to what’s happening. 

The Not So Good News – The issue of the concession still has not been resolved, and now the decision has been suspended. There was no reason given. So nobody has the concession, neither Rodenas nor La Huerta. 

Rebalsito Update – 

There were a couple of busy days on the beach and in town during Semana Santa, but that was it. Some of the tour buses that come out to the beach only stay for a short time due to the lack of bathrooms. The municipality has tried to bring in portable toilets, but wasn’t allowed. Crazy. 

Thanks to Santa Claus, we have another laptop to give to the top middle school graduate this July. This will be the 5th one. 

Many of the jobs in Mexico now require la prepa (high school) whereas before, la secundaria (middle school) was sufficient. Unfortunately la prepa isn’t free – costs about 600 pesos ($50 US) a semester. Certain books have to be bought, or shared. There’s no public transporation to the nearest prepa here in Miguel Hidalgo, and it’s too far to walk, so the students have to chip in for gas and get someone to take them, or try to hitchhike. 

I’d love to figure out a way to help some of these kids who are really motivated and doing well in school (prepa requires and entrance exam) to be able to continue their education, especially if they come from families that can’t afford to pay for them. When the restaurants on the beach were open, the kids could work vacations and make some money. But now there aren’t many jobs to be had. 

If anyone has any ideas or suggestions as to how to raise some money for this, please let me know. Everyone has been very generous in responding to different needs of the community, but I hate to keep asking for money, even if it’s not for me! Also, if anyone would like to work on this project with me, let me know. Education is so important, not just the book learning part of it, but getting out, being around different people, getting exposed to new ideas, seeing a bigger picture ; it gives someone more options. 

La Manzanilla Message board

Latest from Dobie

In a nutshell, the amparo was lost because the judges said the plaintiffs weren't able to prove possession before 1999 when possession was given to la Sra. Paz Gotazar after she won the amparo against the ejido. She never took possession. Although the lawyers submitted documents proving possession (in some cases) before that date the judge ruled that the ejido had no legal right to transfer properties since they never owned the land, therefore the papers of cesion de derechos from the ejido weren't valid.

The lawyer said, "It is illegal for the District Court to raise the validity of the documents that supported the legitimacy of the possession, because that is not the subject matter of our amparo claims. The validity of such documents must be discussed in a civil court, where the parties would be able to produce arguments and evidence to support the validity of the same".

Three of the plaintiffs have titles or fidecomiso for their properties. The titles were granted starting in 2006, signed by the President of Mexico. These 3 can go through another process to demand from the federal government indemnification for their losses, since the it was the federal government that gave them the titles.

The lawyer says, "We disagree with the court ruling. We believe it creates an absurd, and that it leaves defenseless bona fide acquirers. We are really frustrated and disappointed of our courts". (He writes in English for the benefit of the non-Spanish speakers. As you can tell, English is not his native language.

Oddly enough, some members of the ejido have won their amparos, however their lots are not in the 42 hectares.They have a judges order saying that Rodenas has to allow them to take possession of their lot and fence it. But so far no judge has showed up on the assigned dates to enforce the judicial order. There are many different lawyers and individual amparos involved in this case. Also the ejido as a whole has an amparo which would affect all properties that were on ejido lands.

El Registro Agraria Nacional (RAN), that expedites the titles, says the titles are valid. By studying the original documents, they have finally delineated the 42 hectares that Rodenas bought. It's a rectangle with 4 points, N,E,S,W. The papers have been falsified to show more than double that amount of land, and now there are over 50 different reference points.

Meanwhile the amparo that Rodenas filed against the municipio of La Huerta and SEMARNAT regarding the concession of the beach, has yet to be resolved.

This is surely the long and winding road.....as we approach our 3rd holiday season with no beach. However, there are excellent restaurants at the boca del rio (La Mosca and Chely) and the river is delightful for cooling off; but please don't go in the ocean there - it's dangerous.

dobie

Demonstration for Tencatita May 21st

There's going to be a big demonstration tomorrow evening in Guadalajara, winding up at the Televisa station at 8 PM, before the gubernatorial candidate for the PAN, Fernando Guzman Perez shows up for a scheduled interview.

Guzman Perez was an accomplice in sending state police to violently evict tourists, and locals when he was secretary to governor Emilio Marquez. Now he's running for governor. The demonstration will call attention to his actions in Tenacatita and to demand that the gate be taken down to allow free access to the beach and that Rodenas pay for all damages incurred.

For up-to-date information on Tenacatita and the demonstration, there's a new blog:

www.tenacatita-libre.blogspot.com

Dobie

News on Tenacatita

As much as I hesitate to post this because of past dissapointment over the progress toward opening Tenacatita and giving the beach back to the Ejido ... here it is.  Still a wait and see game.

We seem to be getting closer and closer to the day when there will once again be free access to Tenacatita beach. The concession (right to develop the beach) has been given to the County of La Huerta as a tourist destination. Rodenas' concession was revoked for non payment of taxes and it wasn't renewed because at the time Rodenas applied for renewal, they no longer had a concession to renew because it had been revoked earlier. La Huerta has said they will return possession of the beach to the ejido.

Ultimately it looks like Rodenas/Villalobos may lose everything, even his supposed 42 hectares. The ejido lawyer, Everardo Rojas Contreras came to a meeting yesterday in El Rebalsito to give an update on what's happening legally. Although the woman Villalobos bought the land from in the early 90's, won a Supreme Court decision against the community of El Rebalsito, she never took possession of the land. Villalobos assumed her decision would apply to him too, but with legal decisions, you can only get what you ask for and it turns out Villalobos never asked for possession of the land, he just took it. Another mistake Villalobos made is in 2006, when property titles, signed by the President of Mexico, were given to the individuals (Mexicans and foreigners), who were in possession of the land Villalobos is claiming, he never contested them. Now he's saying they're not valid; but titles in Mexico are meant to be the ultimate security that the land is in fact yours and no one can take it away (except, of course, the government if they want to expropriate it for a road, airport, etc.)

The State Supreme Court justices ruled in favor of the ejido in October, saying the beach was to be returned to the state it was in before the eviction on October 4, 2010. Rodenas appealed. The appeal was heard on Dec. 28 and the decision should be forthcoming soon. Rojas says he's 99.99% certain we'll win the case.

In July, Mexicans will go to the polls to elect a new president, residents of Jalisco will elect a new governor, and locally we'll be voting for a new head of the county of La Huerta. All these positions are now occupied by members of the PAN party (the party of businessmen and the rich). Fernando Guzman Perez is running for governor. As secretary to the present governor, Emilio Marquez, he was instrumental in allowing Villalobos to violently evict residents and tourists from their homes and businesses on Tenacatita beach. When leaders of El Rebalsito went to Guadalajara (capital of Jalisco) to try to reach a compromise with Villalobos, Guzman Perez took Villalobos' side and didn't even let the people present their case.

Now that elections are coming, he seems to have changed his tune. He knows that in order to win the election, he needs votes from the coast. Rojas says he's working with Guzman Perez, who is now inclined to help get the beach opened. Of course it's hard to trust a turncoat, but at least he won't be actively fighting against us. Rojas has been meeting with other state officials and there's lots of support for opening the beach and allowing people to go back to work. With the bleak economic picture in Mexico, taking away jobs is not a very popular subject. Rojas said they're trying to get the beach open before Semana Santa (Easter time), when Mexicans take to the beaches in droves.

Rojas began the meeting in town by thanking me and all of the extrajeros (foreigners) for our help in the struggle. That includes all of you (this email goes out to 100 people) who have contributed financial, emotional, moral and physical support to the people of El Rebalsito. In Mexico they say, "la union hace la fuerza" which means theirs strength in unity. I do believe that ultimately justice will prevail.

dobie

Judges give hope to Tenacatita evictees

From the Guadalajara Reporter - October 14th

A district judge who rubber-stamped the eviction of restaurant and businesses owners on Tenacatita beach last year was not qualified to issue the order, the Jalisco Supreme Court has ruled. The September 21 decision gives hope to dozens of families living in nearby El Rebalsito, who may soon be able to return to the beachfront land where they have worked for more than three decades.

The three Novena Sala (Ninth Salon) magistrates ruled that Guadalajara real estate firm Rodenas Inmobiliaria must now make reparations for all damages occurred when state police – acting on the order of the 2nd district court judge in Autlan – forcibly took over the zone in the early morning of August 4, 2010. The eviction resulted from Rodenas’ decades-old dispute over land ownership rights with the local Resbalse de Apazulco ejido.

Rest of the Article

PROFEPA tells Rodenas to take down the fence

PROFEPA tells Rodenas to take down the fence (and more)

Posted by Dobie on April 14, 2011, 11:53 am

Last week representatives of SEMARNAT (Secdretaria de Medio Ambiente y Recursos Naturales) delivered a document to Villalobos. It's 8 pages long, but these are the relevant parts: (a brief translation follows each part)

PROCURADURIA FEDERAL DE PROTECCION AL AMBIENTE.

Delegación Jalisco.

Subdelegación Jurídica.

Asunto: Acuerdo de Emplazamiento

Guadalajara, Jalisco, a 22 de febrero de 2011

Con motivo de la visita de inspección … (del 27 de octubre de 2010) … se emite el presente acuerdo que a la letra dice:…

PRESUNTA INFRACCIÓN ATRIBUIDA A LA EMPRESA "INMOBILIARIA RODENAS, S.A. DE CV.":

The letter is sent by PROFEPA stemming from a visit by SEMARNAT. From what I understand, SEMARNAT makes the laws and PROFEPA enforces them.

1.- Presunta violación … de Concesión número DZF-846/92 de fecha 05 de enero de 1993 el cual establece que: “’EL CONCESIONARIO’” se abstendrá de realizar cualquier acto que tenga por objeto tratar de construir playas privadas o impedir el libre acceso a las mismas,…)”…

The conditions of Rodenas' Concession says that they have to abstain from doing anything to impede free access to the beach.

"Para garantizar el libre tránsito por la zona federal y/o terrenos ganados al mar, 'EL CONCESIONARIO’ se obligué a establecer accesos específicos … y a, no levantar obstáculos que limitan la libre transitabilidad, 'LA SECRETARIA’ podrá determinar el establecimiento de uno o mas accesos procurando afectar lo menos posible los derechos de aprovechamiento que esta concesión otorga"

To guarantee free access, Rodenas can't put up any obstacles and the Secretary will establish access point(s) to ensure maximum access to the beach.

… la cual establece que: "Queda estrictamente prohibido delimitar la zona concesionada con cercas, alambrados. bardas, setos o cualquier otro elemento semejante que impida el libre tránsito peatonal por este bien federal. El incurrir en este supuesto seria cause de revocación de la concesi6n." (sic.)

The concession says it's stricly prohibited put up fences or whatever might impede free pedestrian access to the federal zone. Violation will be cause for revocation of the concession.

… toda vez que al momento de la visite de inspecci6n se encontró una caseta de vigilancia custodiada por elementos de la Policía Auxiliar y de la Dirección General de Seguridad Publica, ambas de la Secretaria de Seguridad Pública del estado de Jalisco, así como la instalación de una malla ciclónica con doble puerta con cadenas y candados que impide el libre tránsito o acceso a la playa de Tenacatita, lugar en que el transito a la Zona Federal Marítimo Terrestre se limita de forma discrecional. ya que al inquirir a los vigilantes al respecto del paso hacia la porción de Zona Federal concesionada al XXXX, quien es titular… de la Concesi6n numero XXXX, se inform6 que solamente el inspector podría acceder a la Zona Federal que se pretendía visitar, no así el propio XXXXX,…

Still, when SEMARNAT came to the beach on Feb. 22, the encountered the fences, chains, locks and the guard booth. They were coming to inspect another concession as well, but the guards would only allow the inspector from SEMARNAT and not the owner of the other concession.

MEDIDA CORRECTIVA IMPUESTA A LA EMPRESA “INMOBILIARIA RODENAS, S.A. DE C.V.”.

Deberá de acreditar ante esta Delegación de la Procuraduría Federal de Protección al Ambiente en el estado de Jalisco que se permite el libre acceso del público a la Zona Federal … en la playa de Tenacatita … y que no se utiliza medio y/o argumento coercitivo alguno para impedir el paso y/o libre tránsito de las personas por la dicha área. … (laza de cumplimiento: 5 días hábiles…)

Rodenas has to show PROFEA that they're allowing free access to the beach. They've got 5 days to comply.

The 5 days are up. Now the notary has to come to witness that they haven't complied. Then a demanda to PROFEA to act. This is a BIG step forward as it's the first time a federal agency has actually taken action (even if it's only the first step).

Sorry this is so long, but I know lots of people think nothing's happening.

dobie

Tenacatita Picnic the 27th

Amigos de Tenacatita, - by Juan Frost

As many of you know, the Jalisco state government, along with the Rodenas corporation violently grabbed Tenacatita this past August 4th ousting villagers, land owners, and tourists from their restaurants, homes, and palapas and blocking the federal highway that leads to Tenacatita. For months we have waited patiently for a resolution to this blatant injustice where a powerful businessman committed crimes against the townspeople of Rebalsito and was able to rob every Mexican of his constitutional rights by not letting people pass freely through a federal road and by not letting them land on the beach in a clear violation of Mexican constitutional law.

I am writing to invite you to a peaceful picnic at Tenacatita (fully supported by Rebalsito's town leaders) this December 27 at 9 AM starting from the town of Rebalsito. We will be entering Tenacatita through a back way and will be ferrying the public across a narrow stretch of the lagoon in undisputed territory and then march up the beach for a final gathering up by the restaurants. If the beach is open by then we will march up the road. People wishing to arrive by sea can join us. Foreigners who are a little apprehensive can show support by being in the bay with their boats.

All levels of the government are aware of the problem and yet gross civil rights violations are allowed to continue. They promised that they would open the beach by Christmas to allow the villagers to be able to sell some things on the beach to help alleviate the stranglehold poverty now has on this village. The concession of opening the beach, even if it did happen, is more of a slap in the face than anything else since there will be no camping, people will only be able to sell things out of carts, and there is no infrastructure like bathrooms now that they have leveled them with heavy machinery. I can't imagine anyone will want to come from very far if you can only be there during the day. Useless if you are from Guadalajara. This move is just propaganda to say it is open. The conditions cripple any possible step forward.

On another front, ecological and cultural problems at the beach are intensifying. We have received credible reports of mass baby turtle deaths and while Rodenas is probably not responsible for causing them directly, they are not permitting the usual people who protect these hatcheries every year to do their job. Americans visiting Rebalsito also discovered a second ecological tragedy and were able to take photographs. They described a dead cow with over thirty dead vultures around it on the road where the old airport was. It isn't clear if the guards shot these animals or if they poisoned them but the massacre of dozens of these important animals is an ominous sign of the Rodenas style of wildlife management. The locals would never hurt these birds because they have no food value and because they understand that the removal of carrion is critical for the towns' health. Another dramatic development is that after all of Villalobos' talk about how the restaurants were polluting the region, his own guards are going to the bathroom outside after managing the hotel's septic tank system proved too challenging for them. On the cultural front. The people of Rebalsito set off a couple of days ago on their annual march with the Virgin Mary which starts at the church of Rebalsito and ends at the beach for the important blessings that she bestows upon the vessels and people. This year she got to the gate flanked by a peaceful group that included many children. The procession was stopped at the gate and not allowed to enter in a move that is low even for Villalobos.

Meanwhile in Rebalsito, a dedicated team of foreigners with Tenacatita in their hearts is continuing to work with the locals to provide staple food supplies to those most affected by the beach closure. We are inviting the general public to peacefully assemble in Rebalsito on December 27 by 9 AM. I know that foreigners are a little apprehensive about these sorts of things but this is really important and it could be your rights that someone chooses to take next. If you don't want to land fine but please join us in your boat or donate to the cause. If the beach is opened, we would all meet at 9 AM in Rebalsito anyway and march down the road to Tenacatita. We have to make sure that Tenacatita stays in the national spotlight. I will be arriving in the area next week and will be working on bringing the voices of the people to the media in English and Spanish and will be pushing this important issue into the United States media.

I hope you will forward this invitation to as many people as you can and that you will join our group here:

http://cyberpueblo.com/group/tenacatita

Please participate. I know we can reverse this injustice, we just need your help. I will be sending another letter as the date gets closer with more details.

Paz y bien,
Juan Frost
Cyberpueblo.com