SEM-18-004
The Secretariat determined not to recommend the preparation of a factual record. Under guideline 9.6, the process was terminated.
Status: Closed
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.
In its response, Mexico informed that there are pending administrative proceedings related to the Chileno Bay Club project. These include a complaint procedure before the Federal Attorney’s Office for Environmental Protection (Profepa) and the National Water Commission in Baja California Sur, as well as a procedure before the National Commission of Human Rights. Mexico indicates that the project underwent an environmental impact assessment procedure and it was authorized in accordance with the applicable law. There are also several actions carried out by the authorities to verify compliance with environmental provisions. As a result, no evidence of environmental damage has been identified, and, therefore, there is no failure to effectively enforce environmental laws. Mexico highlights the lack of evidence in the submission on how environmental laws are not being effectively enforced and considers that the submission should be dismissed.
Identity of submitter withheld pursuant to Article 11(8)(a)
Submission - Submission authored by Submitter(s) on 09/11/2018
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 12/11/2018
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
Annex - Other document authored by Submitter(s) on 21/11/2018
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
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
Determination - Secretariat Determination under Article 15 (1) authored by Secretariat on 19/09/2019
