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Mexico: Trading Away Rights

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Mexico: Trading Away Rights April 2001 Volume 13, No. 2(B) CANADA/MEXICO/UNITED STATES TRADING AWAY RIGHTS The Unfulfilled Promise of NAFTA’s Labor Side Agreement ACKNOWLEDGMENTS.............................................................................................................................. iii TERMS AND ACRONYMS..........................................................................................................................iv NAALC Objectives and Obligations .............................................................................................................. vii NAALC LABOR RIGHTS PRINCIPLES..................................................................................................... viii I. SUMMARY................................................................................................................................................1 Structural Weaknesses ........................................................................................................................2 Timid Use of the NAALC by the Parties ..............................................................................................3 Key Facets of NAO and Labor Ministry Work on Cases........................................................................3 Utilizing the NAALC’s Potential.........................................................................................................4 II. FINDINGS AND RECOMMENDATIONS.................................................................................................5 General Findings and Recommendations ..............................................................................................5 To Make the Existing NAALC More Effective..............................................................................5 To Restructure the NAALC..........................................................................................................6 On Linking Labor Rights and Trade .............................................................................................6 Findings and Recommendations Related to the NAALC Signatories ......................................................6 Government of the United States..................................................................................................6 Government of Mexico................................................................................................................7 Government of Canada ................................................................................................................8 III. LABOR RIGHTS AND TRADE................................................................................................................9 Sources of International Labor Law .....................................................................................................9 Links between Labor Rights and Trade ..............................................................................................10 Toward Enforceable Labor Rights Protections ....................................................................................10 The United States-Jordan Free Trade Agreement.........................................................................10 Trade and Labor Rights in the Americas .....................................................................................12 IV. THE NAFTA LABOR SIDE ACCORD ...................................................................................................14 Background......................................................................................................................................14 NAALC Objectives, Obligations, and Principles.................................................................................16 The Accord’s Institutions ..................................................................................................................17 Criticism of the NAALC’s Structure ..................................................................................................18 Three-Tier System, Focus on Disputes, Time Lapse.....................................................................18 Table: Remedial Possibilities For Non-Compliance with the NAALC...........................................20 Failure to Define Case Processes................................................................................................21 Failure to Define the Reach of the NAALC’s Obligations ............................................................21 Differences in Interpreting and Using the NAALC..............................................................................22 V. NAALC CASE SUMMARIES .................................................................................................................24 NAALC Case Statistics.....................................................................................................................24 Cases Filed in the United States.........................................................................................................24 Cases Filed in Mexico.......................................................................................................................29 Cases Filed in Canada .......................................................................................................................31 VI. THE RESULTS OF NAFTA LABOR RIGHTS CASES ...........................................................................32 Evaluating the Accord.......................................................................................................................32 NAALC Labor Rights Objectives, Principles, and Obligations.............................................................32 Article 1: The NAALC’s Objectives ...........................................................................................33 Article 2: Promoting “High Labor Standards” .............................................................................34 Article 3: Government Enforcement Action ................................................................................36 Freedom of Association and Protection of the Right to Organize..............................................37 Complaints against Mexico...............................................................................................37 Complaints against the United States ................................................................................40 Right to Bargain Collectively ................................................................................................41 Right to Strike ......................................................................................................................44 Prohibition of Forced Labor ..................................................................................................45 Compensation in Cases of Occupational Injuries and Illnesses.................................................45 Protection of Migrant Labor ..................................................................................................45 Elimination of Employment Discrimination............................................................................46 Equal Pay for Women and Men.............................................................................................47 Labor Protections for Children and Young Persons .................................................................47 Minimum Employment Standards ..........................................................................................48 Prevention of Occupational Injuries and Illnesses ...................................................................49 Complaints against the United States ................................................................................50 Complaints against Mexico...............................................................................................50 Article 4: Access to Labor Tribunals ...........................................................................................52 Article 5: Fairness of Labor Tribunals .........................................................................................53 Complaints against Mexico ...................................................................................................53 Complaints against the United States .....................................................................................55 Article 6: Publication of Laws and Regulations Related to the NAALC ........................................55 Article 7: Promoting Public Awareness of National Labor Law....................................................55 APPENDIX I: U.S.-MEXICO MINISTERIAL AGREEMENTS .....................................................................56 Human Rights Watch ii April 2001, Vol. 13, No. 2(B) ACKNOWLEDGEMENTS Joel Solomon, research director for the Americas Division of Human Rights Watch (currently on leave from the organization), wrote this report. Joanne Mariner and José Miguel Vivanco, the division’s deputy director and executive director, edited it. Human Rights Watch Program Director Malcolm Smart and Senior Legal Advisor James Ross also edited the report. Human Rights Watch is grateful for the continuing support of the General Service Foundation. The foundation’s generous support allowed us to undertake this report as part of a project on labor rights and trade. The author would also like to thank Lance Compa, labor rights consultant to Human Rights Watch, and Carol Pier, researcher with the Americas Division,
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