| Montreal, 2/06/2003 – On 23 May 2003, the Commission for Environmental Cooperation (CEC) received a submission from the Fundación Lerma-Chapala-Santiago-Pacífico and several other nongovernmental organizations asserting that Mexico is failing to effectively enforce its environmental law with respect to the Lerma-Chapala-Santiago-Pacífico basin. According to the Submitters, this has resulted in serious environmental deterioration and uneven water distribution in the basin, as well as the risk that Lake Chapala and its migratory birds will eventually disappear.
The Submitters allege that Mexico is failing to effectively enforce the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente—LGEEPA) and the Environmental Impact Regulations thereunder, the National Water Law (Ley de Aguas Nacionales) and its Regulation, and the Internal Regulations of the Secretariat of the Environment and Natural Resources (Reglamento Interior de la Secretaría de Medio Ambiente y Recursos Naturales), by failing to exercise its authority to regulate use and distribution of water in the Lerma-Chapala-Santiago-Pacífico basin; to carry out inspections and monitoring; and to revoke water concessions and authorizations. The Submitters cite examples such as a proposed dam project on the Santiago River; informal agreements on water distribution; authorizations to establish golf courses, soccer fields and tree plantations in the Lake Chapala basin; and pollution of the Santiago River. The Submitters assert that the public has participated in a number of consultations regarding the condition of the basin, with no known results, and they allege that there is an absence of government action for them to challenge before the administrative courts. According to the Submitters, this results in Mexico's failure to effectively enforce the LGEEPA provisions related to ensuring effective citizen participation in Mexican environmental policy and citizen involvement in environmental protection.
The CEC Secretariat is analyzing the submission (SEM-03-003/Lake Chapala II) to determine whether it meets the requirements of Article 14 of the North American Agreement on Environmental Cooperation (NAAEC).
The citizen submissions mechanism of the CEC enables the public to play a whistle-blower role on matters of environmental law enforcement. Under Article 14 of the North American Agreement on Environmental Cooperation (NAAEC), any person or nongovernmental organization may submit a claim alleging that a NAFTA partner has failed to effectively enforce its environmental law. Following a review of the submission, the CEC may investigate the matter and pursue a factual record of its findings.
Please visit the Citizen Submission on Enforcement Matters page for more information. |
