9 February, 2009
The ICEM supports the International Metalworkers’ Federation (IMF) who last week lodged a complaint against the Mexican Government to the ILO in Geneva.
The complaint calls on the ILO to condemn Mexican labour laws, which prevent real freedom of association and contravene ILO Convention 87, the Freedom of Association and Protection of the Right to Organise Convention.
Under Mexican law, the vast majority of collective agreements are so-called “contratos de protección” or protection contracts, which force workers to join unions created by company management rather than ones of workers’ own choosing. In practice, the law means only unions that have the support of companies and government can operate.
IMF General Secretary, Marcello Malentacchi
Mexican law also does not require any democratic structures such as secret ballots related to contract ratifications, which more often than not are created without workers’ knowledge. Protection contracts are used in many countries to prevent legitimate unions and workers from mobilizing to secure better rights and conditions.
Labour lawyers estimate that some 90-95% of all collective contracts in Mexico are “contratos de protección.” Three of the biggest and best known unions, the CTM, CROM and CROC, have been accused of operating almost exclusively with protection contracts. Only in the UNT and FAT labour confederations do member unions have democratic structures and meet recognised standards required of democratically structured labour organizations.
Mexico ratified Convention 87 in 1950, two years after this core labour standard came into existence. However, its present labour law stands in the way in implementing the intent of Convention 87. Although the ILO has no means to sanction governments that do not properly implement ratified conventions, the IMF is hopeful public pressure can be generated by condemnation of Mexico over its regressive labour laws.
“The pressure generated from official action by the ILO would send an important message to governments and companies globally that protection contracts must not be used to take away workers’ rights to freely organise,” said IMF General Secretary Marcello Malentacchi.