Chileno Bay Club
Submission ID: SEM-18-004
Party concerned: Mexico
Date filed: November 9, 2018
Submission Status: Closed
Latest Update: September 19, 2019
The Secretariat determined not to recommend the preparation of a factual record. Under guideline 9.6, the process was terminated.
Summary of the matter addressed in the submission:
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.
Summary of the response provided by the Party:
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.
Names and citations of the environmental laws in question:
- North American Agreement on Environmental Cooperation
- Convention on the Rights of the Child
- Convention concerning Indigenous and Tribal Peoples in Independent Countries
- American Declaration of the Rights and Duties of Man and Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights
- Rio Declaration on Environment and Development
- International Covenant on Economic, Social and Cultural Rights
- National Waters Law
- National Human Rights Commission Law
- General Law of Ecological Equilibrium and Environmental Protection
- Federal Civil Protection Law
- Federal Environmental Liability Law
- Federal Environmental Impact Assessment Regulations
- Urban Development Law of the State of Baja California Sur
- Civil Protection Law and Risk Management for the State and Municipalities of Baja California Sur
- Construction Regulations of the St,
Submitter(s):
Identity of submitter withheld pursuant to Article 11(8)(a)
Submission Timeline
The Secretariat received a submission and began a preliminary analysis of it under the guidelines.
Submission - Submission authored by Submitter(s) on 09/11/2018
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 12/11/2018
Under guideline 3.10, the Secretariat requested the submitter(s) to correct minor errors of form.
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
The Submitters corrected the minor errors of form.
Annex - Other document authored by Submitter(s) on 21/11/2018
The Secretariat determined that the submission met the criteria of Article 14(1) and requested a response from the concerned government Party in accordance with Article 14(2).
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
The Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record.
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
The Secretariat determined not to recommend the preparation of a factual record. Under guideline 9.6, the process was terminated.
Determination - Secretariat Determination under Article 15 (1) authored by Secretariat on 19/09/2019