Submission

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 protected natural area known as “Los Remedios” National Park in Naucalpan, State of Mexico.

Los Remedios National Park was created by a decree published in 1938. In the submission, SEM-06-006 (Los Remedios National Park), the Submitter asserts that the government of Mexico has issued a preliminary decree (anteproyecto de decreto) to abrogate the decree that created Los Remedios National Park so as to eliminate this natural protected area. The Submitter asserts that the preliminary decree violates provisions of the General Law of Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecol¢gico y la Protecci¢n al Ambiente) which, according to the Submitter, provides only for modification of size or change of permitted uses of protected areas, but not for their total elimination. The Submitter asserts that in April 2006, a private company began cutting trees and conducting construction activity within the park and maintains that, instead of fulfilling its duty to protect the natural protected area in the park, the Ministry of the Environment and Natural Resources (Secretar¡a de Medio Ambiente y Recursos Naturales) allows the destruction of the park’s resources.

Summary of the response provided by the Party:

According to Mexico’s response, the Decree repealing the park’s protected status calls on state authorities to continue to ensure the integrity of the site. Mexico stresses that it has effectively enforced its environmental laws when it denied-three times-an environmental impact authorization for a company seeking to develop real estate within the protected nature area.

Under Article 14(3)(a) of the North American Agreement for Environmental Cooperation (NAAEC), Mexico requests that the Secretariat not continue to process the submission because, it asserts, the matter is subject to several appeals pending resolution. It further requests that the information provided in regard thereof be kept confidential.

Names and citations of the environmental laws in question:

General Law of Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecol¢gico y la Protecci¢n al Ambiente)

Submitter(s):

Asociación Fuerza Unida Emiliano Zapata en Pro de las Areas Verdes, A.C.