| Montreal, 15/10/2004 – On 28 September, the Commission for Environmental Cooperation (CEC) of North America received a revised version of the submission filed by the Academia Sonorense de Derechos Humanos, AC and Domingo Gutiérrez Mendívil (the Submitters). On 30 August 2004, the CEC dismissed the original submission filed on 15 July, because it did not provide sufficient information and did not indicate that the relevant Mexican authorities were notified of the matter raised in the submission.
The submission asserts that Mexico is failing to effectively enforce various provisions of its environmental law with respect to prevention, monitoring, oversight and control of air pollution in the city of Hermosillo, Sonora. Among other arguments, the Submitters point to the failure to enforce and promote compliance with the Mexican Official Standards (Normas Oficiales Mexicanas—NOMs) on air pollution control; the lack of actions to prevent air pollution in properties and areas under state and municipal jurisdiction; the failure to establish and update a National Air Quality Information System; and the lack of defined state and municipal urban development plans indicating the zones where polluting industries may operate.
The revised submission claims that the responsible authorities are not carrying out the actions necessary to prevent air pollution in the city, in contravention of the provisions of law listed in the submission. The Submitters also assert that the relevant Mexican authorities have been notified of the matter in writing, and provided copies of their correspondence with those authorities and the responses received.
The Secretariat of the CEC will analyze the revised submission (SEM-04-002 / Environmental Pollution in Hermosillo) to determine whether it now meets the requirements of Article 14 of the North American Agreement on Environmental Cooperation (NAAEC).
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.
Please visit the Citizen Submission on Enforcement Matters page for more information.
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