The battle against cultural appropriation breaks into the business of the Riviera Maya

19-06-23

• The Great Mayan Council's complaint against the Xcaret tourism company, one of the largest in the area, has escalated the debate on the exploitation of the cultural heritage of indigenous peoples and communities.

In recent years, Mexico has maintained a strong struggle to protect the cultural heritage of its indigenous peoples. On several occasions, the government has criticised designer brands such as Carolina Herrera or Shein, the Asian textile giant, for using designs and elements that identify the country's indigenous cultures. But it is not only abroad; tourism companies such as Grupo Xcaret, one of the largest in the Riviera Maya, have also made a habit of using them to attract tourists. 

In recent weeks, this idyllic history of the company born in 1990 with cultural elements has come up against the complaint of a group of representatives of the Great Mayan Council - the highest Mayan representative body in the territory - who denounced before the National Institute of Copyright (Indautor) the violations of the cultural heritage of indigenous peoples and communities. The administrative process between Xcaret and the public institution is still open, but the company has already withdrawn some elements of its advertising as a precaution. The complaint has reopened an ongoing controversy, which was gaining strength in the media over the appropriation of certain designs and their use in fashion or handicrafts.

The Mayan representatives base their complaint on the Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities, a regulation passed in January 2022 that seeks to "protect and safeguard" the cultural heritage and intellectual property of indigenous peoples and communities. The law establishes that only those affected can start a legal suit, so the Ministry of Culture is limited to sending letters to trademarks in such situations. The Indautor notified Xcaret of the complaint on 11 January this year, and so far, the company has been positive during the process. "There has been no decision from the authority handling the case and we have full confidence in the institutions of our country and in the good faith to reach positive agreements between those of us involved in this particular issue," sources from the tourism company told this newspaper, arguing that heritage preservation is one of its fundamental pillars.

The company is known for its gigantic theme parks, tours and events, but also for its three luxury hotels in Quintana Roo. The decorations of its rooms recall colourful iconography and indigenous details through elements such as paintings and pillows. Tourists can visit some of the natural and artificial cenotes that unfold throughout its parks, but they can also observe recreations of Mayan rituals among the organised activities. This kind of content is in line with one of the aims of the regulations passed a year ago: "[The law seeks] to establish sanctions for the misappropriation and the use, exploitation, commercialisation or reproduction of the cultural heritage, knowledge and traditional cultural expressions of indigenous and Afro-Mexican peoples and communities".

The Xcaret team points out that they are "highly respectful of the Mayan culture": "Due to the geo-cultural region where we are located, the Mayan culture is of great importance and highly esteemed". Carlos Martínez, a cultural promoter and human rights defender of indigenous peoples, says that some companies like Xcaret take advantage of the use of cultural elements for economic gain, and calls such use a "violation". "There is a problem. They make cultural representations of religious manifestations of the people. They use elements that are part of the cosmogony of the people. They don't respect those dances, those dances that are part of their cosmovision, that are part of their life. They make it a spectacle," he says.

At the same time, Martínez has shown a constant rejection of the legislation passed last year, precisely because of the limitation it represents for opening a legal process: "It provokes the revictimisation of the people. Sometimes, from the legislature, systematic institutional violence is generated. It is violence because it is already part of the system. They make a law to comply with the media, but they know that it will have no effect. Violence comes from the legislature, because nothing reaches the people". The human rights defender tried to find, to no avail, the times when the Indautor had relied on the federal law to prosecute an issue. "The law] is useless, no one has been prosecuted since the law was created. Four or five months after its publication [in June or July of last year] I made a questioning through transparency, and they answered that they had not yet infringed anyone".

Four years ago, Carolina Herrera designer Wes Gordon was inspired by the colours and joyful spirit of Latin America to launch the Resort 2020 collection. Mexico accused the Venezuelan couturier's work of cultural appropriation, once again reigniting the ongoing controversy. In 2022, the law was born, in which only those affected can start a legal suit. "Violations [of these cultures] are committed on a daily basis. In all department stores you find Chinese products with Mexican iconography, with cultural motifs of the native peoples," Martínez defends. The Xcaret team remains calm in an administrative process that is still open. The Indautor is reviewing the case.