Effect given to the recommendations of the committee and the Governing Body - REPORT_NO359, March 2011

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

1. 99. When it last examined this case at its March 2010 meeting, the Committee made the following recommendations on the issues pending [see 356th Report, para. 959]:
   • (a) The Committee requests the Government to keep it informed of the outcome of the criminal action for the falsification of documents brought by one of the members of the complainant union’s General Vigilance and Justice Council.
   • (b) The Committee reiterates its invitation to a tripartite discussion on the advisability of expediting the labour court proceedings in the case of internal union disputes.
   • (c) The Committee awaits the ruling that will be issued in relation to the death of the worker Reynaldo Hernández González.
   • (d) The Committee requests the Government to keep it informed of the outcome of the proceedings initiated by the complainant union against the decision of the Federal Conciliation and Arbitration Board to declare the SNTEEBMRM to be the accredited party to the collective agreements in place of the complainant union.
   • (e) The Committee requests the Government to continue to supply information as to the situation with regard to the freezing of the accounts of the complainant union and – given that there are judicial decisions which point in different directions – concerning the arrest warrants against Napoleón Gómez Urrutia and other members of the executive committee of the complainant union, as well as to keep it informed of further developments in the penal proceedings.
   • (f) The Committee invites the complainant organization to provide further information concerning the allegations of death threats, abductions, illegal arrest and beating of miners belonging to the union.
   • (g) The Committee awaits the outcome of the consultations with the First Agency of the Public Prosecutor’s Office of Lázaro Cárdenas concerning the case of alleged abduction, beating and death threats against the wife of the trade unionist Mario García Ortiz.
   • (h) The Committee requests the Government to inform it of the outcome of the proceedings relating to acts of violence against trade unionists in the State of Michoacán.
   • (i) The Committee requests the Government to pursue its efforts to resolve the dispute in the mining sector.
2. 100. In its communications dated 27 May and 26 August 2010, the International Metalworkers’ Federation (IMF) sent a series of documents on the acknowledgement of the executive committee of the National Union of Miners, Metalworkers and Allied Workers of the Republic of Mexico (SNTMMSRM), a summary of the alleged facts and a copy of the Supreme Court of Justice’s decision of 2 December 2009 to claim jurisdiction in the case of the acknowledgement of the abovementioned executive committee.
3. 101. The Committee regrets that the complainant organization has not provided the information requested contained in recommendation (f) and that the Government has not provided any of the information requested when the case was last examined. The Committee underlines that the issues involved are very serious and requests the Government and the complainant organization to transmit the information requested without delay. Given that it seems that the issue of the acknowledgement of the executive committee of the mining trade union is still before the Supreme Court, the Committee firmly hopes that this issue will be rapidly resolved in accordance with the principles of Convention No. 87 and requests the Government to keep it informed in that regard.