| Montreal, 11/09/2003 – The Secretariat of the Commission for Environmental Cooperation (CEC) has requested a response from Mexico to the SEM-03-004/ALCA-Iztapalapa II submission, filed with the Secretariat on 16 June 2003 by Ángel Lara Garcia. The Submitter alleges that Mexico is failing to effectively enforce rules on air emissions and hazardous materials management at a shoe-parts factory operated by ALCA, SA de CV in the Santa Isabel Industrial neighborhood of Iztapalapa Delegation in Mexico City, where the Submitter lives.
The Submitter asserts that his and his family's health has been affected by pollution generated by ALCA and that despite repeated complaints to environmental authorities, Mexico is failing to effectively enforce Article 150 of the General Law of Ecological Balance and Environmental Protection (Ley General del Equilíbrio Ecológico y la Protección al Ambiente), Article 414, first paragraph, and Article 415 of the Federal Penal Code (Código Penal Federal) in regard to ALCA. These provisions provide that hazardous wastes and other materials must be managed as prescribed by law, and they establish fines and prison terms for illegal air emissions and improper hazardous waste and materials management.
On 17 December 2002, the Secretariat dismissed a previous submission filed by the Submitter, SEM-02-005/ALCA-Iztapalapa, because it did not provide sufficient information to allow the Secretariat to review it, as required by Article 14(1)(c) of the North American Agreement on Environmental Cooperation (NAAEC). On 9 September 2003, the Secretariat determined that the new submission, SEM-03-004/ALCA-Iztapalapa II, meets all of the requirements set out in Article 14(1) of the NAAEC, and that it merits requesting a response from Mexico in light of the factors set out in Article 14(2) of the NAAEC.
Mexico has up to 60 days to provide its response. The Secretariat will then review the submission in light of the response to determine whether a factual record is warranted.
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, please consult: <http://www.cec.org/citizen/>. |
