| Montreal, 16/05/2003 – Today the Secretariat of the North American Commission for Environmental Cooperation (CEC) provided to the Parties of the North American Agreement on Environmental Cooperation (NAAEC) the overall work plan for gathering the relevant facts for the factual record on the Tarahumara submission (SEM-00-006). In accordance with Council Resolution 03-04, the execution of the overall plan will begin no earlier than 2 June 2003. 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 Tarahumara submission was presented to the CEC on 9 June 2000 by Comisión de Solidaridad y Defensa de los Derechos Humanos, A.C. The Submitter asserts that Mexico has failed to effectively enforce its environmental law by denying access to environmental justice to indigenous peoples of the Sierra Tarahumara, in the state of Chihuahua.
On 29 August 2002, in light of Mexico's response, the Secretariat recommended the development of a factual record to Council with regard to the Submitter's assertions on the alleged failure to effectively enforce the environmental law with respect to citizen complaints and the prosecution of probable environmental crimes, in cases presented by the indigenous peoples and communities of the Sierra Tarahumara referenced in the submission. On 22 April 2003, the Council decided unanimously in Council Resolution 03-04 to instruct the Secretariat to prepare a factual record on the submission.
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 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.
Please visit the Citizen Submission on Enforcement Matters page for more information. |
