Submission

Illegal Logging in Jalisco

Submission ID: SEM-23-006
Party concerned: Mexico
Date filed: May 17, 2023
Submission Status: Open

Latest Update: October 16, 2023

The Secretariat determined that the submission warrants the preparation of a factual record under Article 24.28(1) and so informed the Council and the Environment Committee.

Summary of the matter addressed in the submission:

The submission asserts that Mexico is failing to effectively enforce its environmental laws, including the Sustainable Forest Development Act and the Ecological Balance and Environmental Protection Act, to prevent illegal logging and forest land use change in the municipality of Cuautla, Jalisco, Mexico.

The submission asserts that Mexico is failing to prevent illegal logging that is occurring to clearcut forest land and alter land use for avocado cultivation. The submission alleges that Mexico is failing to effectively enforce procedures for changing land use from forest land to agriculture. The submission maintains that the process established in the law was not followed with regard to an area known as “Los Amoles” in Cuautla, Jalisco, and that people entered the land illegally, cut down trees in this area without authorization, transported the wood, and sold the wood commercially, resulting in deforestation and land use change, as Los Amoles is allegedly being converted to an avocado plantation.

Due to security concerns, confidentiality regarding authorship of the submission was requested.

Summary of the response provided by the Party:

In its Response, the Party indicated that certain articles of the General Act on Ecological Equilibrium and Environmental Protection (LGEEPA), the Sustainable Forest Development Act (LGDSF) and the Regulation thereof, are unrelated to the assertions advanced in the submission, and thus considers that said articles are either inapplicable or regulate powers that are discretionary rather than mandatory.

On the other hand, the Party shared information on a pending administrative proceeding that is related to the submission’s assertions. In addition, this proceeding notes that Profepa would continue with its forest inspection and monitoring operations on the site known as “Los Amoles” and impose penalties, where applicable, in order to guarantee enforcement of federal environmental law.

In its Response, Mexico also provided information on working groups active since 2022 that focus on contamination of monocultivars, with the objective of establishing inter-agency coordination to prevent loss of forest cover and minimize adverse effects on climate, basins, ecosystems, and society that arise from the increased production of high-value cash crops, such as agaves, avocadoes and berries in the State of Jalisco.

In addition, Mexico points out that Semarnat carries out actions against illegal logging and deforestation in various regions of the country.

In view of the foregoing, and pursuant to the provisions of Article 24.27(4)(a), Mexico asks the CEC Secretariat to proceed no further with this submission.

Names and citations of the environmental laws in question:

The submission cites provisions from the General Act on Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente) as well as the General Act on Sustainable Forest Development (Ley General de Desarrollo Forestal Sustentable) and its regulations.

Submitter(s):

Names withheld pursuant to Article 16(1)(a) of the ECA

Submission Timeline

May 17, 2023

The Secretariat began reviewing the submission under Articles 24.27(2) and (3) of the USMCA.

Submission - Submission authored by Submitter(s) on 16/05/2023

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 18/05/2023

June 16, 2023

The Secretariat determined that the submission met the criteria of Article 24.27(2), and requested a response from the concerned government Party in accordance with Article 24.27(3).

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 16/06/2023

August 16, 2023

Under Article 24.27(4), the Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record under Article 24.28(1).

Party Response - Response from the Party under Article 24.27(4) of the CUSMA/USMCA authored by Mexico on 16/08/2023

October 16, 2023

The Secretariat determined that the submission warrants the preparation of a factual record under Article 24.28(1) and so informed the Council and the Environment Committee.

Recommendation - Secretariat Notification to Council under Article 24.28(1) of the CUSMA/USMCA authored by Secretariat on 16/10/2023

Annex - Other document authored by Secretariat on 16/10/2023