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    Five years of comodatos in El Punto and no community center

    29.01.2024

    Fotografía: Gustavo Cabullo / Ser Visible

    Angélica Villegas / Circuito Frontera


    Translated by Jesús Ronquillo / Circuito Frontera


    The area of El Parque Chamizal is a historic space of great relevance for the people of Juárez, however, over the years, at least a third of it has been handed over through gratuitous bailment by different municipal administrations.

    Click here for the Spanish version

    Such is the case with the land known as “El Punto”, the place that Pope Francis visited in Ciudad Juarez in 2016 and which is currently in the possession of the USMC Strategic Alliance, an organization that holds two commodatum contracts in that place, whose surfaces total a little more than 60 thousand square meters: one by the City of Juarez and another by the Federation.

    However, more than five years after the community center was granted two gratuitous bailment contracts, the reason for which the land was given on loan, it has not been built.

    The one delivered by the Municipality, dates from March 7, 2019, in which a land of 9 thousand 612 square meters was ceded for the construction of a community center. 

    While the gratuitous bailment delivered by the Federation on October 4, 2018, by the Institute of Administration and Appraisal of National Assets (INDAABIN) has an area of 50 thousand 551.97 square meters, also for the construction of a community center, where programs of high social and human content would be carried out, according to a request for information submitted by Circuito Frontera through Transparency.

    Comodatos granted by INDAABIN to USMC Strategic Alliance

    Despite the fact that the association received both contracts 5 and 6 years ago, respectively, to date the community center has not been built, even though the law contemplates that once a land is granted on gratuitous bailment it has up to two years to carry out the activity for which it was granted, otherwise the contract could be revoked. This action has not been contemplated by the municipal authorities on duty. 

    In Circuito Frontera we documented how at least 32 percent of the 333.26 hectares of the public Parque El Chamizal were given through gratuitous bailment, without complying with the legal decrees, a situation that continues in the same manner, 65 years after the official restitution of 148.115 hectares by the United States to Mexican territory

    In recent days, a local media published that personnel of the association announced that the construction of the community center is still underway, despite the fact that since 2022, the land of El Chamizal has been under litigation by the Federation and the Municipality.

    In this sense, Leticia Chavarría, activist and member of the Frente en Defensa de El Chamizal collective, stated that the planned constructions in the El Chamizal zone go against the objectives established by the Federation when it ceded this territory to the Municipality of Juárez in the 1987 decree.

    However, Chavarría denounced that these agreements have not been respected, especially by the municipality, which has allowed constructions and actions that seriously damage this ecological territory.

    The activist emphasized that El Chamizal is an area of great ecological and hydrological value, essential to maintain and improve the environment in this desert area.

    Area of “El Punto” where a community center was to be built by USMC Strategic Alliance in 2021, according to the contract/ Photo: Gustavo Cabullo 

    According to the decree, if the established conditions are not met, the Federation has the power to revert the cession of the land, including any construction done on it.

    He said that the collective has dialogued with SEMARNAT, designated by the President of the Republic, Andrés Manuel López Obrador, as interlocutor in this matter, to discuss the current situation of El Chamizal.

    On February 2, 2022, an agreement was reached between SEMARNAT, the municipal president Cruz Perez Cuellar, the Chamizal Defense Front, among other entities, where the need to delimit the spaces within El Chamizal and review the legal status of those who use the land was established.

    It was also agreed to investigate possible sales and misappropriations of the territory before taking any action.

    However, Chavarría emphasized that the agreements have not been respected, especially by the municipality, which has allowed damage to the area’s ecosystem through construction, soil impaction, contamination, and deforestation, mainly for the benefit of private businessmen.

    The activist emphasized that the best way to protect El Chamizal is to designate it as a protected natural area, with the objective of turning it into a public space for the benefit of all families, acting as an essential lung for the physical and mental health of the community in this desert area.

    Chavarría stressed the importance of having the support of the community to prevent El Chamizal from being privatized and destined only for the benefit of a few.

    El Chamizal El Punto Papa Francisco USMC Strategic Alliance

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