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19 May, 2010
The IMF regards protection contracts and the impact they have on workers as a violation of the right to freedom of association as enshrined in International Labour Organization Convention 87, since there is no question here of a decision freely made. Although the system of protection contracts has also been criticized by many labour lawyers in Mexico itself, the Mexican government has made no serious attempt to abolish it and to properly implement the principles of ILO Convention 87.
Challenging the status of protection contracts is a controversial issue in Mexico as they are supported by local and federal government authorities and many existing trade union organizations. Of the high number of protection agreements, most involve the three largest Mexican trade union federations. These unions use protection contracts to prevent other unions from forming or negotiating a collective contract, giving complicit support to wide-spread corruption of the official Mexican trade union system.
The IMF has been following the situation in Mexico with concern for some time. In response to continuous complaints from workers, trade unions in the process of formation, existing trade unions and non-governmental and human rights organizations, the IMF decided to lodge a complaint with the ILO Committee on Freedom of Association.
The complaint (ILO Case No. 2694) was lodged by the IMF President in February 2009 and outlines how the labour laws and the way they are interpreted in Mexico are in violation of ILO Convention 87, a convention which all member countries are obliged to respect and one that Mexico has specifically ratified.
The complaint sets out how the system of protection contracts is used in Mexico to deny workers their right to freedom of association and cites several examples, including the situation at Johnson Controls. While the complaint was lodged last year and will take some time to be considered by the ILO Committee on Freedom of Association, the problems continue in Mexico, as can be seen from the case of workers at Johnson Controls in Puebla.
Many workers seek and want change so that all Mexican workers can form genuine trade unions. Just like our colleagues in COT-JC, Carmen and Jorge, who continue to work on their own account, attend training courses and fight for reinstatement to their jobs and a change in the labour situation. It is hoped that more people like Carmen and Jorge will come forward to play their part in building a transparent and democratic trade union movement in Mexico.