Effect given to the recommendations of the committee and the Governing Body - REPORT_NO340, March 2006

Effect given to the recommendations of the Committee and the Governing Body

1. 136. When previously examining the case, the Committee requested the Government to carry out an inquiry into allegations that workers of the enterprise CONFITALIA S.A. de C.V. were assaulted whilst on picket lines and to indicate why the Conciliation and Arbitration Board refrained from initiating the procedure for determining the circumstances surrounding the strike [see 336th Report, paras. 576-604].
2. 137. In its communication of 22 September 2005, with regard to the inquiry requested regarding the alleged assault of workers on the picket lines, the Government states that, taking into account the fact that the Mexican legal system makes a clear distinction between empowerment and competences, the only authorities empowered to carry out inquiries would be the State Public Ministry, given that the alleged events occurred within the enterprise CONFITALIA S.A. de C.V. which is located in the city of Cuernavaca, in the State of Morelos. It is therefore the responsibility of that State to carry out the corresponding inquiry. As to the reasons why the Conciliation and Arbitration Board has not initiated the procedure for determining the circumstances of the strike, the Government states that the competent authority is the Local Conciliation and Arbitration Board of the State of Morelos and that any request for information should be addressed to that body.
3. 138. The Committee notes this information. Consequently, the Committee requests the Government to take the measures necessary to ensure that the authorities of the State of Morelos carry out an inquiry into the alleged assault of workers of the enterprise CONFITALIA S.A. de C.V. who were on picket lines and to request the Local Conciliation and Arbitration Board of the State of Morelos to provide the reasons why it has not initiated the procedure for determining the circumstances of the strike. The Committee requests the Government to keep it informed in this regard.