| Montreal, 19/01/2007 – On 10 January 2007, the Secretariat of the Commission for Environmental Cooperation Comisión (CEC) received Mexico’s response to submission SEM-06-003 (Ex Hacienda El Hospital II) and the submission consolidated with it, SEM-06-004 (Ex Hacienda El Hospital III), which were filed with the Secretariat on 17 July 2006, and 22 September 2006, respectively. The submissions were filed by Myredd Alexandra Mariscal Villaseñor and nine other residents of the community of Ex Hacienda El Hospital in Cuautla, Morelos, as well as by Roberto Abe Almada (the “Submitters”).
The Submitters maintain that Mexico is failing to effectively enforce its environmental law in connection with alleged illegal acts relating to the operation, closing, and dismantling of a paint pigment plant operated by BASF Mexicana, S.A. de C.V. (BASF) in Ex Hacienda El Hospital.
In its response, Mexico asserts that it ordered soil assessment and restoration actions, that it applied sanctions to BASF, and that it ordered the closing of the building occupied by the company. It further states that it followed up on the recommendations contained in an environmental audit and that it gave timely attention to citizen complaints filed in relation to Ex Hacienda El Hospital. The response asserts that the owner of the building occupied by BASF obstructed the site restoration process.
Invoking NAAEC Article 14(3)(a), Mexico maintains that the Secretariat should give no further consideration to the submission because it is the subject of a pending administrative proceeding. Mexico indicates that information concerning criminal law enforcement in relation to BASF was not provided to the Secretariat because it is confidential.
The CEC citizen submission mechanism allows citizens to play an active "whistleblower" role in matters relating to environmental law enforcement. Pursuant to NAAEC Article 14, any citizen or nongovernmental organization may file a submission when it believes that a NAFTA partner is failing to effectively enforce its environmental law.
The Secretariat of the CEC will now analyze the submissions in light of Mexico’s response to determine and inform Council of whether the submissions warrant the preparation of a factual record pursuant to NAAEC Article 15(1).
For more information, please visit the CEC's Citizen Submissions on Enforcement Matters page. |
