ANNUAL REPORT ON HUMAN LABOUR RIGHTS 2000

ABSTRACT

CONCLUSIONS

Cereal presents its 4^th consecutive annual reports that includes all the violations occurred during the year 2000 (last year of Zedillo´s administration) as well as the cases that we took care of. This is a short version of the original report in which we conclude and recommend:

1. The government continues with the strategy of salary reduction and unilateral decision making (flexibilization) as measures to impulse the neoliberal model, even though such policies are against ILO´s conventions and standards signed by Mexico in 1998.
2. In this context, it called our attention the fact that the worker’s rights (understood as the indispensable rights that a person has in his work in order to have a life with dignity) tend to diminish and to be suppressed through different legal ways[1] and, in most of the cases, by fact.
3. During this year the government announced that only 17 strikes occurred and there for a peace on labour matters was confirmed. Cereal disproves this statements since the official data does not include: strikes occurred in local jurisdiction, teacher’s stoppage during May and June, unrecognised strikes (Volkswagen, Aeroméxico, and Sugar companies are some examples) and the bureaucrat rebellion occurred in December for not giving the sexenal bonus.[2] During Zedillo´s Administration (1994-2000) official statistics stated that 1,738 strikes took place, this means that almost every day a strike occurred in the country. This data proves that the workers situations has turned harder every day and in the same way has started a new presidential period.
4. Cases like Volkswagen and Aeroméxico are some examples of how the main tool for achieving balance between workers and entrepreneurs: strike[3], has been nullified through different means: a) conciliation, that makes pressure against workers to limit and to reduce its vindication on behalf of the Secretariat of Labour and Social Prevention. b) By using the declaration of non-existent strike on behalf of the Conciliation and Arbitration Board (Junta de Conciliación y Arbitraje) c) Direct intervention of the Federal Government through confiscation. It is important to say that all those governments that based their labour policies in the non intervention of the State in the production relations, should be prepared in taking part when workers are fighting to balance the relations between them and their employers through their legal right of strike.
5. One of the main violations of the labour rights in our country has been the cancellation of the collective negotiation, which means, the loss of bilaterally in the labour relations. Supported by the Mexican labour authorities, the union leaders do not represent the workers interests but their own, we present in this inform four clear examples. Particularly, we point out the closure of the Phillips DAP Vallejo factory, where a multinational corporation with no commitment with the country and a union leadership that sold the cancellation of the Collective Contract and allowing the lost of their job.
6. Union’s democracy. It is a real tragedy and a shame for our country that undemocratic union elections are still happening, the teacher’s union, oil union and electrician’s union are some examples. The protection of labour rights requires unions that really represent the workers interests, unions with democracy.
7. Regarding collective rights, Zedillo´s administration left negative numbers. The workers struggle have found support in different sectors of our country: academia, human rights organizations, political parties, etc, that opens the possibility of better conditions of work and life.

RECOMMENDATIONS

To the President of Mexico and the Secretary of Labour and Social Prevention:

1. Fulfilment of the obligations regarding labour rights assumed through different means such as the Declarations of Principles and Labour Rights signed by Mexico in 1998, Convention 87 of the International Labour Organization and the 20 commitments of Union Freedom made during while he was in campaign, and to achieve the ratification of the ILO´s Convention on Collective Contracts.
2. Give a satisfactory explanation to the workers that impugned the elections of their unions and it didn’t proceed, and to the public opinion on the roll played by labour authorities on this matter.
3. Not to recognise those elections[4] that violated the union’s statutes, Mexican law and treaties and principles of Union Freedom, specially does that have impugned, that should be examined according to the law.
4. To punish according to our laws, those who had supported the irregularities proved in different process and to conserve the tutelary character that the Federal Government must have by not promoting agreements and conciliation that imply resignation of the collective rights of the workers.

To the labour commissions of the Senators Chamber:

• To adequate the internal legal frame in order to fulfil with the international commitments assumed by the government and to approve the proposition made by PRD to reform the law so the secret and free vote in union elections can be a legal right.

To the different Unions in the country:

• To contribute to the internal democratisation of the unions as well as the protection of the labour rights of their members. To fight for the bilaterally and negotiation in the production relations.

Socio-economic balance during Ernest Zedillo´s government 1994-2000.

This part is based in different articles: "Balance sexenal y modelo neoliberal" Jose Luis Calva, "Prueba del salario no acreditada: salarios mínimos y pobreza" Julio Boltvinik.

According to José Luis Calva, during Zedillo´s administration the annual growing was of only 0.6% GPI (against 3.1% during the previous neoliberal governments) and an annual growth of 1% in gross per capita investment. The situation worsen the living conditions of most of the population. The minimum wage lost 30.1% of its purchasing power, contractual wages diminished 31.09%, manufactures wages fell 26.3% and real wages of the formal sector of our industry diminished 38.6%. Between 1983 and 1997 a total of 10.4 million persons lost their jobs. The workers lost in this period $298,448.4 millions of dollars under the neoliberal model.

The new government is still under the neoliberal model, according to Boltvinik, the current administration along with the private sector has established a wage increment lower than inflation through the National Commission of Minimum Wages, CNSM (Comisión Nacional de Salarios Mínimos) and that is how will be during 2001. This policies will continue with the workers situation. Today, a family needs seven persons earning a minimum salary in order to live with the essentials. The CNSM is against our Constitution since it establishes a minimum wage that covers only the seventh part of normal expenses.

Mexican Unions towards political transition

According to Enrique de la Garza, Unions are facing a crisis for not being representative enough since 1980 because they have lost their capacity of influencing the government. This lost is a consequences of several factors: a)lost of the worker’s ideology since neoliberalism vanished the revolutionary nationalism and b) Unions were unable to face the fact that the State wasn’t getting involved in labour relations. In contrast, union’s membership has not decrease in number but in quality.

De la Garza proposed three different possibilities in union’s matters with the new administration:

1. The Federal Government will proceed according to the law when solving problems even if entrepreneurs do not agree.
2. The Federal Government works in favour of the entrepreneurs that want an adjustment in union policies, and modifies the labour legislation provoking different workers movements and rebellions.
3. The government works in favour of the entrepreneurs that are against union’s democracy by continuing with the existent labour regime.

All those workers that are trying to change their current situation and bring democracy to their unions have a great opportunity if President Vicente Fox does not support old union leaders. This can be done with five specific conditions: 1) Union independence from the State and Political Parties, 2) Democracy in union elections, 3) Union strategy according with labour legislation, 4) Labour relations focused on the economy growth and the distribution of the income and 5) A flexible and multiple action policy.

Cases where the Human Labour Rights were violated

In the cases of Aeromexico, Volkswagen and Sugar industries the main problem was that their right of strike was denied along with their right of labour justice, safe job and legal wage. In Aeromexico, the government took over the companies administration even though the strike was already declared and that it is against Article 123 A XVIII of our Federal Constitution. The strike in Volkswagen was declared invalid by the Federal Board of Conciliation and Arbitrage for having started a minute after the legal hour and for asking an increment of 35% in their wages (it was considered as "unmeasured increment"). The strike of the sugar workers was also declared invalid for not having the majority of the workers , however the government based his decision on the companies version but never asked the workers.

During the year 2000, three different unions had elections: Oil workers Union (Sindicato de Trabajadores petroleros de la República Mexicana), Teachers and Education workers Union (Sindicato Nacional de Trabajadores de la Educación) and Electricians Union (Sindicato de Trabajadores Electricistas de la República Mexicana). All of the elections had anomalies and proved violations to their statutes as well as to the principle of union freedom. We registered cases where pressure against workers was used, political preferences were prohibited, unfair conditions for campaign, and reprisals towards opposition among others.

Another important case observed by CEREAL was Kukdong International de Mexico, a company that manufactures for Nike and Reebok. This company, illegally hires children up to 9-10 hours per day, workers were physical and psychological abused by their supervisors, pregnant women were unable to leave their jobs, wages below the minimum salary and workers got fired for trying to organise a different union. The labour rights violated were: stable job, union freedom, gender rights, working conditions and children rights.

On August 28^th, 2000 Phillips Factory along with the Union Leader, illegally close the factory. The closure was done in 30 minutes without previous notice to the workers. The General Secretary told the workers to return 3 days later for they liquidation check that will have a 10% discount for union payment. (Mexican law establishes a maximum of 2% for union payment). The union leader was trying to earn half million pesos out of the workers money, this clearly violates their right of stable job. The union nor the Secretariat of Labour helped the workers to keep their job.

We also report that some companies like IBM sub-hired people in Jalisco, through Sub-hiring Agencies in order to avoid court action and labour problems, it is also done to avoid hiring homosexuals or any "different person" which clearly violates not only labour but universal human rights.

Progress made in Human Labour Rights

• The creation of and Independent Observers Committee (COI) to observe all unions election that ask for it and its integrated by different non-governmental organizations. COI participated in Oil Union and Electrician Union elections.

• the proposition made by PRD Partido de la Revolución Democrática) to reform the law so the secret and free vote in union elections can be a legal right and that unions can not be affiliated to a political party.

• The 40^th anniversary of FAT (Frente Auténtico del Trabajo)

CENTRO DE REFLEXIÓN Y ACCIÓN LABORAL (CEREAL)

1) There have been some attends to reform the Mexican Federal Work Law , this changes have not been done yet but they are still in negotiations.

2) At the end of every presidential period (six years) all the state workers received a special bonus, Zedillo refuse to give it and as a consequence all the workers started a sort of stoppage.

3) That is the concept of strike given by the actual legislation.

4) when evidence is shown to the labour authorities

CENTRO DE REFLEXIÓN Y ACCIÓN LABORAL (CEREAL)
Lago Atitlán No. 46
Colonia Pensil Norte
Delegación Miguel Hidalgo
11 430 México, D.F.
Tel: 53 99 97 06
cereal@data.net.mx

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