MEXICO CITY - Mexico has shown crucial leadership at the international level on hazardous substances and wastes as human rights issues, but should address the gap between global advocacy and domestic challenges, a UN expert said today.
"It is worrying that sacrifice zones have proliferated throughout Mexico, due to industrial expansion," said Marcos Orellana, Special Rapporteur on toxics and human rights, in a statement at the end of his visit to the country.
"It is encouraging to see that the Government has recognised this challenge with the establishment of Health and Environmental Emergency Regions (RESAs). This recognition should lead to concrete policies and actions to address these emergencies, including environmental justice plans," Orellana said.
Mexico has applied substantial resources to study the toxic impact faced by several regions and productive sectors. The expert noted that the evidence from these scientific studies should inform a public policy aimed at ensuring the fundamental rights of the population. The articulation of the principles of prevention, precaution, and comprehensive responsibility are crucial, he said.
Mexico has increased waste imports in recent years. "Under the somewhat euphemistic label of co-processing, this waste is burned as cheap fuel for industry," the Special Rapporteur said, warning that this situation externalises the real costs. "Ultimately, cheap fuel is expensive for people's health."
"Burning waste is the endpoint of a linear economy, and it is a practice entirely opposed to a circular economy," he said.
Mexico has made progress in strengthening its environmental regulatory framework, and it is vital that the country continues on this path. Orellana stressed that there is a lack of a general law on chemicals and a general law on highly hazardous pesticides.
The regulatory framework must also be accompanied by short, medium and long-term public policies, the expert said. "The State must urgently guarantee compliance with the laws in force and establish clear mechanisms for coordination between authorities at the federal, state and municipal levels, especially between health and environmental authorities."
The Special Rapporteur said the federal judiciary has played a leading role in guaranteeing access to justice for communities affected by toxic substances, particularly in cases related to water pollution. Relevant criteria stand out in the jurisprudence of the Supreme Court of Justice, such as broad standing to access the amparo recourse and the dynamic burden of proof. He also highlighted the effort of the judiciary to hold dialogues with Indigenous Peoples.
Orellana welcomed the authorities' efforts towards the full implementation of the Escazú Agreement, including through the construction of a robust roadmap. The Escazú Agreement is an instrument that reduces inequalities to protect human rights.
"Respect for the human right to an environment free of toxics is the cornerstone of peace and prosperity for the future of peoples," the expert said.