AUDREY'S MISSILES
A weekly newsletter dedicated to the peaceful
reform of the United States government.
. THE GREAT ESCAPE
In 1862 President Abraham Lincoln concluded a treaty with Republic of
Mexico for the extradition of criminals. The text of that law was short and
to the point, but in the more than a century since Lincoln signed the
document the law has been modified and amplified both by mutual consent and
by court decisions. One principle has survived: In essence it says that
neither Mexico or the United States has to return criminals to the other
country unless they want to!
"Neither Contracting Party shall be bound to deliver up its own
nationals, but the executive authority of the requested Party shall, if not
prevented by the laws of that Party, have the power to deliver them up if, in
its discretion, it be deemed proper to do so."
This provision of the treaty makes it possible for a polluter in Mexico
to find refuge in the United States, and vice versa. Take the case of.
Metales y Derivados. In 1994, the owner of this mining company was being
investigated by Mexican environmental authorities because they contended that
he left 6,000 metric tons of waste near the mine, just down the hill from
the small town of Chilpancingo, not far from near Tijuana. The owner of this
mine returned to the United States. Extradition has been sought by the
Mexican authorities, but SIX YEARS HAVE PASSED and nothing has happened.
Some of the complaints of citizens are that rains turn nearby ditches into
brown rivers of waste, while dust from lead slag heaps remains uncovered and
open to the elements, blowing into the community and covering homes and yards
with a fine layer of poison. Chilpancingo residents have complained of
dizziness, nausea, gastrointestinal and breathing disorders, skin rashes,
headaches, memory loss, and serious birth defects.
The ability of both governments to decline to extradite polluters, plus
the toothless side agreements of NAFTA (North American Free Trade Agreement),
combine to protect these business entities. Mexican authorities cite the
lack of funds for clean-up, and fail to mention the lack of enforcement
against the enterprises themselves. The United States government is silent
on the issue despite the widespread and very serious problems that exist just
South of the Rio Grande in the area of the Maquiladoras. As a result of
persistent citizen pressure, the NATFA group in charge of dealing with
complaints (the CEC) has finally agreed to examine the problem of the mine
waste left at Chilpancingo. BORDERLINES Claims that the CEC response shows
citizen submissions can work, but admits that they are no closer to a
clean-up. In spite of their optimism, there is just no hard evidence that
any attention, other than lip service, is being given to the problem. It
looks very much as if the path has been well prepared to facilitate the
escape of polluters.
http://www.irc-online.org/, and
http://faculty.babson.edu/hotchkiss/casebook/alvarez.htm
Mexican Treaty Page19th Century Page Avalon Home Page American Diplomacy Page
http://www.yale.edu/lawweb/avalon/diplomacy/mx1861a.htm
BIOS http://www.irc-online.org/bios/ or e-mail
[EMAIL PROTECTED],
or visit http://www.irc-online.org/ and
http://www.irc-online.org/bordline/1999/bl61/bl61case.html
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(Border Pollution) 7/14/00
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