Submission

Summary of the matter addressed in the submission:

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.

Summary of the response provided by the Party:

In its response, Mexico provides information concerning environmental impact assessment and land-use changes in relation to section 5 south of the “Tren Maya” project. In addition, it reports the existence of pending administrative and judicial proceedings relating to the effective enforcement of Article 4 (fifth and sixth paragraphs) of the Mexican Constitution (Constitución Política de los Estados Unidos Mexicanos); Articles 5 paragraphs III, VIII and XI, 162, 170, 189, 192, 193, and 194 of the General Ecological Equilibrium and Environmental Protection Act (Ley General del Equilibrio Ecológico y la Protección al Ambiente—LGEEPA); Articles 154 and 155 paragraphs VII and XII of the General Sustainable Forestry Development Act (Ley General de Desarrollo Forestal Sustentable—LGDFS); Article 107 of the General Wildlife Act (Ley General de Vida Silvestre—LGVS), and Article 418 paragraphs I and III of the Federal Penal Code (Código Penal Federal) in relation to the construction of this section of the Tren Maya.

Mexico requests that the Secretariat terminate processing of the Submission in accordance with USMCA Article 24.27(4)(a) due to the existence of pending proceedings.

Names and citations of the environmental laws in question:

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).

Submitter(s):

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