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