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Public Report Of Review Of Nao Submission No. 9703

Published online by Cambridge University Press:  27 February 2017

Bernard H. Oxman  and
William J. Aceves
William J. Aceves
Affiliation:
California Western School of Law
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Extract

Public Report of Review of NAO Submission No. 9703.

U.S. National Administrative Office, U.S. Department of Labor, July 31, 1998.

On July 31,1998, the U.S. National Administrative Office (NAO) issued its Public Report of Review (Report) on a petition filed by several U.S. and Canadian labor unions alleging labor law violations in Mexico. The Report found credible allegations that Mexican workers were threatened and attacked as they sought to pursue legitimate union activities at an export-processing plant in Ciudad de los Reyes, Mexico. In addition, the Report determined that Mexican officials had failed to protect the labor interests of Mexican workers seeking to exercise their freedom of association. The Report called for ministerial consultations between the U.S. Secretary of Labor and the Secretary of Labor and Social Welfare of Mexico to address these issues.

Type
International Decisions
Information
American Journal of International Law , Volume 93 , Issue 1 , January 1999 , pp. 224 - 226
Copyright
Copyright © American Society of International Law 1999

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References

1 North American Agreement on Labor Cooperation, Sept. 13, 1993, reprinted in 32 ILM 1499 (1993).

2 Member states agreed to promote the following labor principles: freedom of association and the right to organize, the right to bargain collectively, the right to strike, prohibition of forced labor, labor protections for children and young persons, minimum employment standards, the elimination of employment discrimination, equal pay for women and men, the prevention of occupational disease and injury, compensation in the event of worker-related illness or injury, and the protection of migrant workers. Id., Annex 1.

3 Each NAO has received petitions for review. The U.S. NAO has received 12 petitions, the Mexican NAO 5, and the Canadian NAO 2. Of these, 12 petitions allege violations in Mexico, 6 allege violations in the United States, and 1 alleges violations in Canada. In one case, the Canadian and Mexican NAOs are both considering submissions concerning the same alleged violations in the United States.

4 In addition, several U.S. and Mexican human rights groups and nongovernmental organizations were identified as concerned parties in the submission.

5 The ITAPSA plant is operated by a subsidiary of Echlin Inc., a U.S. corporation with headquarters in Branford, Connecticut.

6 Public Communication on Labor Law Matters Arising in Mexico: Election Contest Between Government and Independent Union 1–2 (Dec. 15, 1997).

7 Under Mexican law, a treaty that has been approved by the Senate and officially published is binding at the national level. Const. Art. 133; Ley sobre la Celebracion de Tratados, D.O., 2 de enero de 1992, Art. 4.

8 Ley Federal del Trabajo, D.O., 1 de abril de 1970, Art. 6.

9 The U.S. NAO requested information from the Mexican NAO on Mexican law and practice on freedom of association and worker health and safety.

10 U.S. NAO, Public Report of Review of NAO Submission No. 9703 at 70–71 (1998).

11 NAALC Council of Ministers, Review of the NAALC: Conclusions of the Council 3 (1998).