Summary of the matter addressed in the submission:

The Submitters assert that Mexico is failing to effectively enforce its environmental laws with respect to the “El Boludo” mining project on the site called “El Tiro,” owned by the Submitters and located in the Municipality of Trincheras, Sonora, Mexico. According to the Submitters, the company Minera Secotec, S.A. de C.V. has exploited the low-grade placer gold deposit of the “El Boludo” project without complying with several conditions of the environmental impact authorization. The Submitters claim the company is violating the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente-LGEEPA), paragraphs III and IV of Article 15 of the LGEEPA Hazardous Waste Regulations and the Mining Law and its Regulations.

Summary of the response provided by the Party:

In its response, Mexico states that on 8 October 2002, the Submitters raised the same matters in a public complaint (denuncia popular) filed against Minera Secotec S.A. de C.V. with the Federal Attorney General for Environmental Protection (Procuraduria Federal de Proteccion al Ambiente). Mexico is asking the Secretariat to stop processing the submission under Article 14(3)(a) of the North American Agreement on Environmental Cooperation (NAAEC), since proceedings on the public complaint are still pending. Mexico did not respond to the allegations found in the submission.

Names and citations of the environmental laws in question:

General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecologico y la Proteccion al Ambiente-LGEEPA), paragraphs III and IV of Article 15 of the LGEEPA Hazardous Waste Regulations and the Mining Law and its Regulations

Submitter(s):

Arcadio, Leoncio, Fernanda and Milagro Pesqueira Senday

Submission Timeline

August 23, 2002

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

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 29/08/2002

Submission - Submission authored by Submitter(s) on 19/08/2002

September 19, 2002

The Secretariat notified the submitter(s) that the submission did not meet all of the Article 14(1) criteria and the submitter(s) had 30 days to provide the Secretariat with a revised submission that conforms with Article 14(1).

Determination - Secretariat Determination under Article 14 (1) authored by Secretariat on 19/09/2002

October 10, 2002

The Secretariat received more information from submitter(s).

Other Documents - Other document authored by Submitter(s) on 30/09/2002

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 29/10/2002

Submission - Submission authored by Submitter(s) on 30/09/2002

November 26, 2002

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 Secretariat on 26/11/2002

January 9, 2003

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 08/01/2003

Acknowledgement - authored by Secretariat on 10/01/2003

May 17, 2004

The Secretariat informed Council that the Secretariat considers that the submission warrants development of a factual record.

Recommendation - Secretariat Notification to Council under Article 15(1) authored by Secretariat on 17/05/2004

July 7, 2004

The submitter(s) requested the Secretariat in writing to withdraw the submission. The withdrawal was received after the response from the concerned government Party.

Withdrawal - Other document authored by Submitter(s) on 10/06/2004

Other Documents - Communication to Submitter(s) authored by Secretariat on 06/07/2004

Other Documents - Other document authored by Secretariat on 07/07/2004

July 16, 2004

Under guideline 14.2, the Secretariat proceeded no further with the submission.

Notification - Other document authored by Secretariat on 16/07/2004

Party Response - Other document authored by Mexico on 13/07/2004