CEC requests response from Mexico to third Cytrar submission

The Submitters, Academia Sonorense de Derechos Humanos, A.C. and Domingo Gutiérrez Mendívil, assert, in their third submission concerning the Cytrar landfill, that Cytrar, in violation of applicable environmental laws, operated the site without an environmental impact authorization; did not comply with design specifications regarding cell lining; and allowed hazardous waste from the US to be buried at the site. The Submitters allege that these actions have caused damage to human health and the environment. They also assert that environmental authorities failed to launch legal proceedings against the company in regard to the alleged violations, and are failing to provide the Submitters with access to information regarding the site.

The CEC Secretariat dismissed the first Cytrar submission (SEM-98-005/Cytrar I) in October 2000. A second submission (SEM-01-001/Cytrar II) was dismissed in December 2002 when the CEC Council invoked a pending international arbitration in voting against preparation of a factual record. The Submitters indicate that this proceeding has ended. The new submission (SEM-03-006/Cytrar III) is identical to Cytrar II.

Mexico has up to 60 days to provide its response. The CEC 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/>.