Summary of the matter addressed in the submission:

The Submitters allege a failure by Mexico to effectively enforce its environmental law by denying access to environmental justice to Indigenous communities in the Sierra Tarahumara in the State of Chihuahua. They particularly assert failures to effectively enforce environmental law relative to the citizen complaint process, to alleged environmental crimes and other to alleged violations with respect to forest resources and the environment in the Sierra Tarahumara.

Summary of the response provided by the Party:

In its response to the submission, received by the CEC 15 February 2002, Mexico asserts that, in addition to the 34 citizen complaints to which the Secretariat refers in its determination, it handled and concluded 139 citizen complaints filed by Tarahumara communities in the period from February 1998 to March 2000. The Party also asserts that it ruled on the appeals referenced in the submission. With regard to the alleged environmental crimes referenced in the submission, under Article 14(3)(a) of the NAAEC, the Party requests that the Secretariat terminate the process because the criminal complaint is subject to an administrative procedure pending resolution before the Federal Public Prosecutor. In addition, Mexico’s response states that “…as of the year 2000, a series of meetings have been held between the relevant authorities of the Party and [the affected indigenous communities and the nongovernmental organizations], intended to periodically inform them of the status of their complaints and to clarify any legal situation arising in connection with them. Such meetings serve as forums to set forth any environmental situations arising in this geographical area…” Lastly, Mexico’s response indicates that the Party intends to form “participatory oversight committees for the conservation of natural resources” in the area.

Names and citations of the environmental laws in question:

General Law (LGEEPA)- articles 158 f.II, 159 bis 3 y 4, 169, 176, 189-191, 193, 199, 202; Federal Criminal Code- articles 416, 418, 419; Convention 169 of the International Labor Organization (ILO)-article 15.2.

Submitter(s):

Comisión de Solidaridad y Defensa de los Derechos Humanos, Asociación Civil (COSYDDHAC)