| Montreal, 5/02/2004 – The Secretariat of the Commission for Environmental Cooperation of North America (CEC) received a submission on 27 January, filed by Francisco H. Garza Vara on behalf of Genaro Meléndez Lugo and José Javier, José Genaro, Miguel Ángel, Carlos Ariel, Juan Antonio, Iris Elidia y Cruz Adriana Meléndez Torres (the Submitters), asserting that Mexico is failing to effectively enforce its environmental laws by not properly processing their complaint against the companies Ecolimpio de México, SA de CV and Transportes J. Guadalupe Jiménez, SA, and by not penalizing those companies. The Submitters claim that both companies operate in violation of the law, causing serious damage to the environment and their property. Furthermore, they assert that the companies are seriously endangering their health and physical well-being due to the improper management of hazardous waste.
In accordance with Articles 14 and 15 of the North American Agreement on Environmental Cooperation (NAAEC), the submission (SEM-04-001/Hazardous Waste in Arteaga) asserts the environmental authority's failure to effectively enforce the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente—LGEEPA) and its hazardous waste regulation, as well as the Mexican government's failure to comply with Articles 1, 6 and 7 of the NAAEC.
The CEC Secretariat is analyzing the submission to determine whether it meets the requirements of NAAEC Article 14.
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 (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 Secretariat may investigate the matter and pursue a factual record of its findings. |
