| Montreal, 19/10/2004 – On 7 October 2004, the Commission for Environmental Cooperation (CEC) dismissed submission SEM-04-003, submitted on 7 September by Centro de Derechos Humanos Tepeyac del Istmo de Tehuantepec, AC, Atarrayeros de la Laguna Santa Cruz, SC de RL de CV; Sociedad Cooperativa de Pescaderos Rey de las Olas, SC de RL de CV; Sociedad Cooperativa Producción Pesquera Acuícola Pescadores del Milenio, SC de RL de CV, and Sociedad Cooperativa de Producción Pesquera Che Cata SC de RL de CV (the Submitters).
The submission asserts that Mexico is failing to effectively enforce its environmental laws by not duly processing 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 Submitters assert Profepa has not yet issued a response. 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.
The Secretariat dismissed the submission because it did not provide sufficient information to support the facts it asserted or to corroborate that the aforementioned provisions of law apply with respect to the facts of the submission. The Secretariat also indicated that the Submitters should provide copies of any documents issued by Profepa or any other authority in their possession, with respect to the citizen complaint or the facts submitted. The Submitters now have 30 days to file a submission that meets the requirements of Article 14(1) 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 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, including the determination on this submission, please visit the Citizen Submission on Enforcement Matters page.
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