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Submission

Residential Development in San Cristóbal de las Casas

Submission ID: SEM-23-001
Party concerned: Mexico
Date filed: January 11, 2023
Submission Status: Closed

Latest Update: April 13, 2023

The 60-day term expired without the Secretariat receiving a submission that conformed to Article 24.27(2) and (3), and the process was therefore terminated.

Summary of the matter addressed in the submission:

In submission SEM-23-001 (Residential Development in San Cristóbal de las Casas), the Submitter asserts that Mexico is failing to effectively enforce its environmental laws to protect forest resources and birds, including an endangered species, in relation to housing developments around San Cristóbal de las Casas, Chiapas, Mexico.

The Submitter asserts that Mexico is failing to protect various hummingbird species, including the Ruby-throated (Archilochus colubris), Violetear (Colibri thalassinus/Colibri delphinae), and Black-chinned (Archilochus alexandri) hummingbirds, as well as other species of birds, like the Canyon Wren (Catherpes mexicanus) and Blue-throated Motmot (Aspatha gularis) which is in danger of extinction. In particular, the Submitter claims that Mexico is failing to uphold provisions of the Mexican Constitution and various federal laws focused on environmental impact assessment, forestry conservation, and environmental protection. The Submitter alleges that unregulated and irregular housing developments in a conservation area threaten the habitat and continued survival of these bird species.

Names and citations of the environmental laws in question:

The Submitter cites several national and international legal instruments, including the Mexican Constitution, the General Law of Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente), the General Law of Sustainable Forestry Development (Ley General de Desarrollo Forestal Sustentable), General Law of Wildlife (Ley General de la Vida Silvestre), and the Federal Law of Environmental Responsibility (Ley Federal de Responsibilidad Ambiental), among others.

Submitter(s):

Name withheld pursuant to Article 16(1)(a) of the ECA

Submission Timeline

January 11, 2023

The Secretariat began reviewing the submission under Articles 24.27(2) and (3) of the USMCA.

Submission - Submission authored by Submitter(s) on 11/01/2023

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 11/01/2023

February 10, 2023

The Secretariat notified the Submitter(s) that the submission did not meet all the Article 24.27(2) and (3) criteria, and that the Submitter(s) has 60 days to submit a revised submission.

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 10/02/2023

April 13, 2023

The 60-day term expired without the Secretariat receiving a submission that conformed to Article 24.27(2) and (3), and the process was therefore terminated.