COMMISSION FOR ENVIRONMENTAL COOPERATION
THREE COUNTRIES WORKING TOGETHER TO PROTECT OUR SHARED ENVIRONMENT
Summary of the matter addressed in the submission:
The Submitter asserts that Mexico is failing to effectively enforce its environmental laws with respect to the conservation and protection of Los Remedios National Park, in Naucalpan, State of Mexico.
The Submitter states that park was created by presidential decree, on 15 April 1938, and in 1995 the park administration was ceded to the State of Mexico and the Municipality of Naucalpan. The Submitter also asserts that federal, state and municipal authorities are required to develop a management program to protect and conserve the park, and as of today, the program has yet to be fully established. The Submitter provides information regarding the alleged irregular partitioning of the park area, and further maintains that the Ministry of the Environment and Natural Resources (Secretaría del Medio Ambiente y Recursos Naturales) has unjustifiably held a 1970 presidential decree that created a housing zone had implicitly, though partially, superseded the 1938 presidential decree, even though-the Submitter underlines- it "does not correspond to the same area" as the 1938 decree.
Summary of the response provided by the Party:
In its response, Mexico requests on the basis of Article 14(3)(a) of the North American Agreement on Environmental Cooperation that the Secretariat close the submission file because, the Party asserts, the matter is the subject of various pending proceedings. Furthermore, it requests that the information provided in this regard be kept confidential. It maintains that the assertions in the submission relating to alleged irregular urban settlements refer to matters that are occurring outside the area of application of the executive order creating Los Remedios National Park. It further maintains that the alleged cutting of trees in the park is part of a pending proceeding. Mexico indicates that there is no legal basis for any obligation to issue a management plan for Los Remedios National Park since the legislation in force at the time of its creation did not contemplate such an obligation. Neither, according to Mexico, is there any obligation on the part of Semarnat to administer restoration plans and zones since no such plan was issued for this park. In its response, Mexico discusses the work currently being done to conserve and restore the area within the existing park boundaries.
Names and citations of the environmental laws in question:
Act concerning the Structure of the Federal Public Administration.
General Act on Ecological Balance and Environmental Protection, Regulation on Protected Natural Areas.
Submitter(s):Asociación Fuerza Unida Emiliano Zapata en Pro de las Areas Verdes, A.C.