Submission ID: SEM-22-002
Party concerned: Mexico
Date filed: July 21, 2022
Submission Status: Open
Latest Update: July 21, 2022
The Secretariat began reviewing the submission under Articles 24.27(2) and (3).
The Submitters assert that Mexico is failing to effectively enforce its environmental laws to assess the environmental impacts related to the Tren Maya project (Segment 5-South) located in the state of Quintana Roo, Mexico.
The Submitters assert that the project did not undergo an adequate environmental impact assessment (EIA) process as required for this type of infrastructure project. In particular, the Submitters claim that Mexico failed to uphold the preventive nature of the EIA, asserting that by fragmenting the project in several segments, it fails to consider significant cumulative, synergic, direct, indirect and residual environmental impacts. The Submitters maintain that inadequate soil and geophysical studies fail to consider the fragility of the Yucatán Peninsula’s karst and soil, resulting in elevated risks of infrastructure sinking and fuel transportation accidents. The submission also points to the lack of risk assessment of fuel and maintenance shops and the failure to consider endangered species in the area.
The Submitters cite several national and international legal instruments, including the Mexican Constitution, the Escazu Agreement, the Pact of San José, the Protocol of San Salvador, the Rio Declaration, 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); the General Wildlife Law (Ley General de Vida Silvestre), and the National Waters Law (Ley de Aguas Nacionales).
MOCE Yax Cuxtal, A.C., Grupo Gema del Mayab, A.C., Jaguar Wild Center, Red de Capacitadores Socio Ambientales, Selvame del Tren, Cenotes Urbanos, and 19 individuals