Summary of the matter addressed in the submission:

The Submitter asserts that Mexico is failing to effectively enforce its environmental law with respect to the Chileno Bay Club tourism development located in the municipality of Los Cabos, Baja California Sur. The submitter maintains that the project developer went beyond the authorized scope of the environmental impact authorization by carrying out the modification of watercourses during the construction. The submitter asserts that despite having communicating the matter in writing to Mexican authorities and filing several complaints, construction activities continued and watercourses located in the Cabo San Lucas watershed were illegally modified.

Names and citations of the environmental laws in question:

North American Agreement on Environmental Cooperation

Convention on the Rights of the Child

Convention concerning Indigenous and Tribal Peoples in Independent Countries

American Declaration of the Rights and Duties of Man and Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights

Rio Declaration on Environment and Development

International Covenant on Economic, Social and Cultural Rights

National Waters Law

National Human Rights Commission Law

General Law of Ecological Equilibrium and Environmental Protection

Federal Civil Protection Law

Federal Environmental Liability Law

Federal Environmental Impact Assessment Regulations

Urban Development Law of the State of Baja California Sur

Civil Protection Law and Risk Management for the State and Municipalities of Baja California Sur

Construction Regulations of the St

Submitter(s):

Identity of submitter withheld pursuant to Article 11(8)(a)

Submission Timeline

November 9, 2018

The Secretariat received a submission and began a preliminary analysis of it under the guidelines.

Submission - Submission authored by Submitter(s) on 09/11/2018

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 12/11/2018

November 20, 2018

Under guideline 3.10, the Secretariat requested the submitter(s) to correct minor errors of form.

Secretariat Information Request - Communication to Submitter(s) authored by Secretariat on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

Annex - Other document authored by Submitter(s) on 20/11/2018

November 21, 2018

The Submitters corrected the minor errors of form.

Annex - Other document authored by Submitter(s) on 21/11/2018

January 22, 2019

The Secretariat determined that the submission met the criteria of Article 14(1) and requested a response from the concerned government Party in accordance with Article 14(2).

Determination - Secretariat Determination under Article 14 (1) and 14 (2) authored by Public on 22/01/2019

Annex - Secretariat Determination under Article 14 (1) and 14 (2) authored by Secretariat on 22/01/2019

April 18, 2019

The Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record.

Party Response - Response from the Party under Article 14 (3) authored by Mexico on 18/04/2019

Acknowledgement - Other document authored by Secretariat on 18/04/2019

September 19, 2019

The Secretariat determined not to recommend the preparation of a factual record. Under guideline 9.6, the process was terminated.

Determination - Secretariat Determination under Article 15 (1) authored by Secretariat on 19/09/2019