The Supreme Court of Justice of the Nation (SCJN) ruled to accept the amparo review 298/2024 filed by the civil organization Litigio Estratégico Indígena (LEI) for the protection of the Guiengola (Piedra Grande) archaeological site, located in Santo Domingo Tehuantepec, in the Isthmus region of Oaxaca.
Carlos Morales Sánchez, a Zapotec lawyer from the Isthmus of Tehuantepec and president of Litigio Estratégico Indígena, criticized the Federal Judicial Branch (PJF) for the failure of the National Institute of Anthropology and History (INAH) to issue the decree protecting the Guiengola ceremonial center to prevent invasions and possible destruction.
In the amparo appeal, the activist stated that Guiengola is of great importance as a ceremonial center and site of archaeological monuments; however, “the National Institute of Anthropology and History has not sought its declaration as cultural heritage.”
Despite this, the Seventh District Court in the state, based in Salina Cruz, dismisses the amparo lawsuit because, “in its opinion,” the INAH has indeed protected Guiengola.
Thus, the organization disagreed with the ruling and filed an appeal for review, which will now be heard by the Supreme Court, at the request of Justice Margarita Ríos Farjat. This will determine whether the INAH acted correctly in failing to issue the protective declaration.
Mariana Yáñez Unda, a lawyer for the civil organization, added that the SCJN’s decision to take up the Guiengola case “represents a great advance for the protection of archaeological sites in Mexico.”
Finally, she called on indigenous communities with archaeological sites in their territories that are not protected by a declaratory decree to turn to the organization to litigate their protection.
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Source: excelsior
