| Montreal, 10/09/2004 – On 7 September, the Commission for Environmental Cooperation (CEC) of North America received a submission from the Centro de Derechos Humanos Tepeyac del Istmo de Tehuantepec, AC, Atarrayeros de la Laguna Santa Cruz, SC; Sociedad Cooperativa de Pescaderos Rey de las Olas, SC; Sociedad Cooperativa Producción Pesquera Acuícola Pescadores del Milenio, SC; and Sociedad Cooperativa de Producción Pesquera Che Cata, SC. (the Submitters).
The submission asserts that Mexico is failing to effectively enforce its environmental laws by not duly processing or responding to a citizen complaint filed with the Office of the Federal Attorney for Environmental Protection (Procuraduría Federal de Protección al Ambiente—Profepa) on 16 February 2004. The complaint deals with the death of fish in the Laguna Superior of the Gulf of Tehuantepec in Oaxaca, Mexico, due to the alleged spillage of 68,000 liters of gasoline into the lagoon following a tanker truck accident. The submitters identify the truck as being owned by the company Servicio Especializado Huerta, SA. They argue that the alleged spill caused harm to the environment, killed fish, and endangered the health of the indigenous Zapotec community in the area.
Pursuant to Articles 14 and 15 of the North American Agreement on Environmental Cooperation (NAAEC), the submission asserts that Mexico is failing to effectively enforce its environmental provisions relating to federal, state and local jurisdictions, environmental policy, pollution prevention and control, and the participation of and consultation with indigenous groups in environmental affairs. These provisions include Article 4 of the Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos); Article 5 paragraphs I, II, III, V, XVIII and XIX, and Articles 7, 8, 10, 15, 111, 111 bis, 112, 117, 145, 146, 147, 147 bis, 148, 149, 150, 151, 152, 152 bis, and all other relevant provisions of the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente—LGEEPA); and Articles 1, 4, 7.3 and 15 of International Labor Organization Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries.
The CEC Secretariat is analyzing the submission (SEM-04-003 / Tehuantepec Gasoline Spill) 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 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.
The CEC was established under the NAAEC to address environmental issues in North America from a continental perspective, with a particular focus on those arising in the context of liberalized trade. The CEC Council, the organization's governing body, is composed of the top environment officials of Canada, Mexico and the United States.
Please visit the Citizen Submission on Enforcement Matters page for more information.
|
