| Montreal, 24/09/2004 – On 30 August 2004, the Commission for Environmental Cooperation (CEC) dismissed submission SEM-04-002, filed on 15 July by Academia Sonorense de Derechos Humanos, A.C. and Lic. Domingo Gutiérrez Mendívil (the submitters). The petition asserted that Mexico is failing to effectively enforce various provisions of its environmental law in regard to air pollution prevention, monitoring, and control in the city of Hermosillo, Sonora. Among other arguments, the submitters alleged the failure to monitor and promote compliance with Mexico's official air pollution control standards; the failure to take action to prevent air pollution over property and areas under state and municipal jurisdiction; the failure to establish and keep current a national air quality information system; and the failure to define state and municipal urban development plans indicating the areas in which polluting industrial facilities may be sited. The submitters named as the authorities responsible for these failures Mexico's Ministry of the Environment and Natural Resources (Semarnat), its Office of the Federal Attorney for Environmental Protection (Profepa), the executive branch of the Sonora state government, the state's Ministry of Urban Infrastructure and Environment and Ministry of Health, the Municipality of Hermosillo, the state and national human rights commissions, the Second District Court in Sonora and the Third Circuit Court (Tribunal Colegiado de Circuito).
The Secretariat determined to dismiss the submission because the information provided was insufficient to prove that the matter in question had been reported to the authorities indicated as being responsible for these failures. In addition, the Secretariat specified to the submitters that they should consider providing information sufficient to determine the specific manner in which they are asserting that Mexico failed to enforce the provisions they cited. The Secretariat based this reasoning on the requirements of Article 14(1) paragraphs (c) and (e) of the North American Agreement on Environmental Cooperation (NAAEC) and section 5.3 of the Guidelines for Submissions on Enforcement Matters. The submitters now have a 30-day period in which to file a submission that meets the requirements of NAAEC Article 14(1).
The CEC was created by the governments of Canada, Mexico and the United States to deal with environmental issues from a regional perspective, to help prevent conflicts between trade and the environment, and to promote the effective enforcement of environmental law.
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.
|
