Summary of the matter addressed in the submission:
The Submitter asserts that Mexico is failing to effectively enforce its environmental laws with respect to the conservation and protection of Los Remedios National Park, in Naucalpan, State of Mexico.
The Submitter states that park was created by presidential decree, on 15 April 1938, and in 1995 the park administration was ceded to the State of Mexico and the Municipality of Naucalpan. The Submitter also asserts that federal, state and municipal authorities are required to develop a management program to protect and conserve the park, and as of today, the program has yet to be fully established. The Submitter provides information regarding the alleged irregular partitioning of the park area, and further maintains that the Ministry of the Environment and Natural Resources (Secretaría del Medio Ambiente y Recursos Naturales) has unjustifiably held a 1970 presidential decree that created a housing zone had implicitly, though partially, superseded the 1938 presidential decree, even though-the Submitter underlines- it “does not correspond to the same area” as the 1938 decree.
Summary of the response provided by the Party:
In its response, Mexico requests on the basis of Article 14(3)(a) of the North American Agreement on Environmental Cooperation that the Secretariat close the submission file because, the Party asserts, the matter is the subject of various pending proceedings. Furthermore, it requests that the information provided in this regard be kept confidential. It maintains that the assertions in the submission relating to alleged irregular urban settlements refer to matters that are occurring outside the area of application of the executive order creating Los Remedios National Park. It further maintains that the alleged cutting of trees in the park is part of a pending proceeding. Mexico indicates that there is no legal basis for any obligation to issue a management plan for Los Remedios National Park since the legislation in force at the time of its creation did not contemplate such an obligation. Neither, according to Mexico, is there any obligation on the part of Semarnat to administer restoration plans and zones since no such plan was issued for this park. In its response, Mexico discusses the work currently being done to conserve and restore the area within the existing park boundaries.
Names and citations of the environmental laws in question:
Act concerning the Structure of the Federal Public Administration.
General Act on Ecological Balance and Environmental Protection, Regulation on Protected Natural Areas.
Asociación Fuerza Unida Emiliano Zapata en Pro de las Areas Verdes, A.C.
The Secretariat received a submission and began a preliminary analysis of it under the guidelines.
Submission - Submission authored by Submitter(s) on 16/07/2009
Under guideline 3.10, the Secretariat requested the submitter(s) to correct minor errors of form.
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 22/07/2009
The Submitters corrected the minor errors of form.
Submission - Submission authored by Submitter(s) on 06/08/2009
The Secretariat began reviewing the submission under Article 14(1)
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 10/08/2009
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 11/11/2010
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 20/12/2010
Acknowledgement - Other document authored by Secretariat on 18/02/2011
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 27/07/2011