| Montreal, 21/08/2003 – The Secretariat of the Commission for Environmental Cooperation (CEC) is again examining allegations that Mexico is failing to effectively enforce its environmental law at a hazardous waste landfill owned by Cytrar, S.A. de C.V. in Sonora, Mexico, following receipt of a third citizen submission (SEM-03-006/Cytrar III) regarding the site on 15 August 2003.
The Submitters, Academia Sonorense de Derechos Humanos, A.C. and Domingo Gutiérrez Mendívil, filed two previous submissions regarding the operation of the Cytrar facility, located near the city of Hermosillo. The CEC Secretariat dismissed the first submission (SEM-98-005/Cytrar I) in October 2000. The second submission (SEM-01-001/Cytrar II) was dismissed in December 2002 when the CEC Council voted against preparation of a factual record.
Like the second submission, the new submission asserts that Mexico is failing to effectively enforce its environmental law in relation to the establishment and operation of the Cytrar landfill. The Submitters assert that Cytrar, in violation of applicable environmental laws, operated the site without an environmental impact authorization; did not comply with design specifications regarding cell lining; and allowed hazardous waste from the US to be buried at the site. The Submitters allege that these actions have caused damage to human health and the environment. They also assert that environmental authorities failed to launch legal proceedings against the company in regard to the alleged violations, and are failing to provide the Submitters with access to information regarding the site.
The CEC Secretariat is analyzing the submission to determine whether it meets the requirements of Article 14 of the 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.
For further information, please consult: <http://www.cec.org/citizen/>.
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