(San Diego) – In a surprise early decision, the Commission for Environmental Cooperation (CEC) voted unanimously to act on the petition submitted by Environmental Health Coalition and the Comité Ciudadano Pro Restauración del Cañón del Padre regarding an abandoned lead smelter, Metales y Derivados, in Tijuana, Mexico. The action authorizes the preparation of an independent investigation, or "factual record," regarding Mexico’s failure to enforce its environmental laws. The petition asserts that Mexico’s lack of enforcement is threatening public health and the environment. Copies of the petition, the rationale in support of the factual record, and the resolution can be found on the on the Commission’s website: http://www.cec.org.

The decision marks a clear international recognition of what the Mexican community of Colonia Chilpancingo has been claiming for years – the U.S. owned Metales y Derivados, a lead smelting and battery recycling plant, has been and continues to be a human health and environmental hazard for people who live near the abandoned site. The community of over 1,000 families has repeatedly reported medical conditions such as skin ulcers, respiratory ailments, birth defects, and cancer.

"We are pleased that Mexico, the United States, and Canada have finally recognized that this problem poses significant risks, but this action falls short of a total victory," stated César Luna, EHC representative. "The inherent weaknesses of the NAFTA side agreement and the continued problems with the CEC process remain as huge stumbling blocks to true environmental protection for this community and the entire border region."

"While this is a step in the right direction, our community is not any healthier or any cleaner," said Maurilio Sanchez, president of Comité. "No community should ever have to endure the environmental health assaults and government inaction Colonia Chilpancingo has had to put up with for nearly a decade."

Another drawback is that the factual record is mainly a formal investigation with no real enforcement power. Mexico’s role in effectively enforcing its own laws will be made a matter of record, but the CEC’s power to make Mexico clean up its act is extremely limited. Therefore, despite the creation of a factual record, Mexico is not obligated to take action to clean up the Metales y Derivados site as a result of the factual record, no matter what’s revealed.

In October 1998, EHC submitted a citizen enforcement petition to the CEC to investigate Mexico on two grounds: 1) Mexico failed to effectively enforce its environmental laws by not extraditing U.S. businessman, Jose Khan, owner of Metales y Derivados; 2) Mexico failed to clean up a severely contaminated area that posed an imminent risk to public health and the ecological balance of the region.

The citizens submissions process is at the core of promises made when NAFTA was signed. It is also the sole means by which ordinary citizens can seek international redress if they believe their environmental rights have been violated.