CNDH Cites PEMEX Negligence in Tlahuelilpan Tragedy

Mexico's National Human Rights Commission (CNDH) has released a special report regarding the Jan. 18, 2019, fire at a PEMEX clandestine pipeline tap in Tlahuelilpan, Hidalgo. The report attributes responsibility to PEMEX, citing structural negligence in the incident that resulted in 138 fatalities and 13 injuries.

The CNDH's investigation, based on human rights and due diligence perspectives, analyzed the actions of authorities during the incident and subsequent supervision and investigation. The report emphasizes that PEMEX, as a state-owned productive enterprise, has an obligation to respect and guarantee human rights, requiring more than just compliance with hydrocarbon regulations.

The incident occurred when a clandestine tap was detected on a PEMEX pipeline, attracting over 800 people due to widespread gasoline shortages. Despite the arrival of military and police personnel, the crowd could not be contained. The CNDH noted that PEMEX has had a plan since 2018 to prevent and reduce hydrocarbon theft, known as the "Joint Plan of the Government of Mexico to Combat Hydrocarbon Theft," involving collaboration with the Ministry of National Defense (SEDENA) and the National Guard. However, the report states this plan requires strengthening and continuity to address the causes of illicit activities, prevent conflicts, and effectively address health and environmental damages in affected communities.

The investigation found that actions taken to reduce clandestine taps have not been effective, highlighting that pipelines are in disrepair and detection technology is outdated and incomplete. This suggests an irregular state in hydrocarbon transport and storage activities and a failure to fulfill duties. PEMEX is aware of the exponential increase in clandestine taps and the risks involved with improper hydrocarbon handling, but its efforts have primarily focused on closing detected taps rather than adopting necessary measures to address the broader problem of illegal extraction. The CNDH argues that this is a lack of due diligence.

The CNDH's special report includes several proposals for all three levels of Mexican government, as well as specific recommendations for PEMEX. These include:

• Developing a joint and coordinated environmental remediation program for affected areas, with community participation.

• Creating a coordinated plan for individual and collective care for affected persons and the community, encompassing medical, psychological, and therapeutic support, restoration of dignity, and measures to prevent recurrence.

• Designing and disseminating public awareness campaigns in affected municipalities regarding the risks of illegal fuel extraction and promoting legality and civic culture.

• Collaborating with the Attorney General of the Republic's investigation to identify those responsible for illicit acts.

• Generating legal frameworks to enforce human rights due diligence, involving companies, the public, human rights defenders, civil society, and authorities.

For PEMEX specifically, the CNDH recommends:

• Ensuring the 13 injured survivors receive necessary medical, psychological, and rehabilitation care.

• Increasing human and material resources to reinforce and modernize pipeline surveillance procedures and mechanisms, including training and certification of personnel.

• Subjecting its hydrocarbon transport activities in pipelines to an Environmental Impact Assessment Procedure, requiring an Environmental Impact Manifestation and corresponding Risk Study.

• Implementing due diligence processes for human rights, incorporating risk care, prevention, mitigation, and control actions.

The CNDH says that the report presents an opportunity for the Mexican government to implement actions for environmental recovery, align with Sustainable Development Goals, and uphold commitments under the Paris Agreement on climate change.