| Montreal, 22/03/2002 – Today the Secretariat of the North American Commission for Environmental Cooperation (CEC) presented to the Parties of the North American Agreement on Environmental Cooperation (NAAEC) the overall fact-finding plan to develop a factual record on the Río Magdalena submission (SEM-97-002), as requested by the CEC Council. In accordance with Council Resolution 02-02, the execution of the overall plan will begin no earlier than 15 April 2002. According to Article 15(4) of the NAAEC, in preparing a factual record "the Secretariat shall consider any information furnished by a Party and may consider any relevant technical, scientific or other information (a) that is publicly available; (b) submitted by interested nongovernmental organizations or persons; (c) submitted by the Joint Public Advisory Committee; or (d) developed by the Secretariat or by independent experts."
The Río Magdalena submission was presented to the CEC on 7 April 1997 by Comité Pro Limpieza del Río Magdalena. The Submitters assert that Mexico is failing to effectively enforce its environmental law by allowing the wastewater from the municipalities of Imuris, Santa Ana and Magdalena de Kino in the Mexican state of Sonora to be discharged into the Magdalena River without receiving proper treatment.
On 5 February 2002, in light of Mexico's response, the Secretariat recommended the development of a factual record to Council and the further review of enforcement of the laws requiring wastewater treatment and prohibiting water pollution, in the three Sonoran municipalities. On 7 March 2002 the Council instructed the Secretariat to prepare a factual record as recommended by the Secretariat.
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. |
