1. Introduction

Review of Public Communication CAN 2003 – 1

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The North American Agreement on Labour Cooperation (NAALC) was signed by Canada, Mexico and the United States in conjunction with the North American Free Trade Agreement (NAFTA), both of which came into force on January 1, 1994. In the preamble to the NAALC, the Governments of the three countries recall their resolve to improve working conditions and living standards in their respective territories and to protect, enhance and enforce basic workers' rights. These goals are reflected in obligations on each Party to fairly, effectively and transparently enforce its labour laws. They are pursued through cooperative activities, and by means of mechanisms for intergovernmental consultations, independent evaluations and dispute settlement.

The NAALC provides for a Public Communication process through which members of the public can raise issues related to labour law matters arising in the territory of a NAALC Party. Each country has established a National Administrative Office (NAO) that can receive and review such communications.

A public communication was received by the Canadian NAO on October 3, 2003. It was submitted by United Students Against Sweatshops, based in the United States, and the Centro de Apoyo al Trabajador, based in Mexico. The Communication was later amended to add further information, and to add the Maquila Solidarity Network, based in Canada, as a submitting party. The Canadian NAO accepted the public communication for review on March 12, 2004.

Public Communication CAN 2003-1 is the fourth public communication submitted to the Canadian NAO. The Communication raises issues related to the enforcement of labour legislation in Mexico addressing three NAALC principles:  freedom of association, occupational health and safety, and minimum employment standards. The Communication concerns events that occurred between 2000 and 2004 in the State of Puebla, Mexico, including at the Matamoros Garment factory in Izúcar de Matamoros, and the Tarrant México factory in Ajalpan.

The NAALC is not designed to determine whether or not specific employers and workers have complied with labour legislation. Rather, it creates a framework of values, principles and obligations that the signatory countries must respect. The focus of this review is the government of Mexico's enforcement of its laws and adherence to its obligations under the Agreement, rather than the specific actions of workers and employers.

This report consists of five sections. The first describes the review process undertaken by the Canadian NAO. Second, key elements of the information gathered during the review are highlighted. Third, the report reviews relevant Mexican labour legislation concerning the issues raised by the Communication. This is followed by an analysis and conclusions regarding the enforcement of Mexican labour legislation and the compliance of the Mexican government with its obligations under the Agreement. The final section contains specific recommendations addressed to the Canadian Minister of Labour.

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