| Montreal, 25/02/2002 – The Commission for Environmental Cooperation (CEC) received Mexico's response to a citizen submission asserting that Mexico has failed to effectively enforce its environmental law with regard to the processing of citizen complaints, the prosecution of environmental crimes, the consultation with indigenous peoples on forest exploitation and the access to environmental information in the Sierra Tarahumara in the Mexican state of Chihuahua. According to the submission, with these omissions Mexico is denying the region's indigenous peoples access to environmental justice.
In its response to the submission, received by the CEC 15 February 2002, Mexico asserts that, in addition to the 34 citizen complaints to which the Secretariat refers in its determination, it handled and concluded 139 citizen complaints filed by Tarahumara communities in the period from February 1998 to March 2000. The Party also asserts that it ruled on the appeals referenced in the submission. With regard to the alleged environmental crimes referenced in the submission, under Article 14(3)(a) of the NAAEC, the Party requests that the Secretariat terminate the process because the criminal complaint is subject to an administrative procedure pending resolution before the Federal Public Prosecutor.
In addition, Mexico's response states that "...as of the year 2000, a series of meetings have been held between the relevant authorities of the Party and [the affected indigenous communities and the nongovernmental organizations], intended to periodically inform them of the status of their complaints and to clarify any legal situation arising in connection with them. Such meetings serve as forums to set forth any environmental situations arising in this geographical area..." Lastly, Mexico's response indicates that the Party intends to form "participatory oversight committees for the conservation of natural resources" in the area.
The Secretariat is analyzing the submission in light of Mexico's response, to determine whether it warrants developing a factual record.
Under Article 14 of NAAEC, the Secretariat may consider a submission from any person or nongovernmental organization asserting that a Party to NAAEC is failing to effectively enforce its environmental law. Where the Secretariat determines that the NAAEC Article 14(1) criteria are met, it may then proceed with a process that can lead to the development of a factual record on the matter. In accordance with Article 15(2) of NAAEC, the Secretariat shall prepare a factual record if the Council, by a two-thirds vote, instructs it to do so.
The CEC was established under 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 environment ministers (or equivalent) of Canada, Mexico and the United States.
Please visit the Citizen Submission on Enforcement Matters page for more information. |
