Effect given to the recommendations of the committee and the Governing Body - Report No 373, October 2014

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

1. 34. In its previous examination of this case at its March 2010 meeting, the Committee made the following recommendations on the matters still 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. 35. At its March 2011 meeting, in the absence of information from the Government and the complainant organizations, the Committee reiterated its previous recommendations and regretted that neither the complainant organizations nor the Government had provided any of the information requested when the case had last been examined. The Committee emphasized that the issues involved are very serious and requested the Government and the complainant organizations to transmit the requested information without delay. The Committee also indicated that it firmly expected that the issue of the acknowledgement of the executive committee of the mining trade union would be settled rapidly in accordance with the principles of Convention No. 87 [see 359th Report, paras 99–101].
3. 36. In its communication of 1 October 2012, in relation to the Committee’s recommendation (i), the Government reports that the Secretariat of Labour and Social Welfare (STPS) has supported and continues to organize various working groups with the members of the national executive committee of the mining union and that constructive dialogue between the Government and the leaders of the union has helped to resolve the issue of the acknowledgement of the mining executive committee. The Government reports that in June 2012 the STPS notified the mining union of its acknowledgment of the appointment of Napoleón Gómez Urrutia as Secretary-General and of Mario García Ortiz as Deputy Secretary-General, and that in July 2012 the STPS granted the union’s request for the acknowledgement of the agreements adopted at the 37th Ordinary General Assembly. The Committee notes this information with interest.
4. 37. Regarding the Committee’s recommendation (d), the Government reports that a decision has been reached in respect of the appeals made by the National Union of Miners, Metalworkers and Allied Workers of the Republic of Mexico (SNTMMSSRM) against the decision of the Federal Conciliation and Arbitration Board (JFCA) to declare the National Union of Mine Exploration, Exploitation and Production Workers of the Republic of Mexico (SNTEEBMRM) to be the signatory of the collective agreements that had been signed with the SNTMMSSRM. The Government indicates that six of the eight final rulings confirmed the SNTEEBMRM as the signatory and that SNTEEBMRM withdrew from the other labour proceedings. The Committee notes this information.
5. 38. Regarding the Committee’s recommendation (e), in relation to the freezing of the accounts of the complainant union, and the criminal proceedings and arrest warrants against Napoleón Gómez Urrutia and other members of the executive committee of the complainant union, in its communications of 20 April and 18 July 2011, the International Metalworkers’ Federation (IMF) (now IndustriALL Global Union) reports that all the criminal charges brought against the union leader Napoleón Gómez Urrutia have been dismissed by the courts and that on 24 February 2011, after more than three years’ illegal imprisonment, the union leader Juan Linares Montúfar was released after the three members of the trade union who had accused him withdrew their allegations. In its communication of 1 October 2012, the Government indicates that the Sixth Criminal Court of the First Circuit of the Federal District has not yet ruled on the arrest warrant against the trade union leader Napoleón Gómez Urrutia for the alleged mismanagement of US$55 million from the miners’ trust fund. The Government also reports that the precautionary freezing of the accounts of the complainant organization in relation to Case No. 216/2006 has been lifted, but that a ruling has not yet been issued in relation to the precautionary freezing of accounts in Case No. 498/2007. The Committee regrets that the judicial proceedings relating to union leader Napoleón Gomez Urrutia have not yet been concluded, which constitutes an obstacle to the normal exercise of freedom of association which has now existed for a number of years. The Committee firmly expects that the proceedings relating to this leader and to the precautionary freezing will be resolved rapidly and requests the Government to keep it informed in this regard.
6. 39. Regarding the proceedings for murder and other acts of violence against trade union members in the State of Michoacán (recommendation (h)), the Government indicates the following: (1) with regard to the court proceedings for the murder of Héctor Álvarez Gómez (preliminary inquiry No. 83/2006–III–AEH), in May 2006 the court issued a release order for the two suspected police officers on the grounds of insufficient evidence, which was upheld by the High Court; (2) with regard to the proceedings for the murder of Mario Alberto Castillo Ramírez (preliminary inquiry No. 199/2006–VII), in April 2006 the court issued a release order for the suspected police officer on the grounds of insufficient evidence, which was upheld by the High Court; and (3) lastly, the Government reports that in January 2011 the criminal proceedings for abuse of authority and obstructing the administration of justice were set aside due to prescription to the benefit of the then Ministerial Police Coordinator, Jaime Liera Álvarez. The Committee notes this information. While it observes that the judicial proceedings are closed, the Committee regrets to have to express particular concern at their length, and at the fact that the perpetrators of the crimes have not been identified. The Committee recalls that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity , and which is extremely damaging to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 52]. The Committee invites the complainant organizations to provide any additional information at their disposal which may help to identify those responsible for these acts.
7. 40. With regard to recommendation (a), concerning the outcome of the criminal action for the falsification of documents, brought by a member of the complainant union’s General Vigilance and Justice Council against the labour authorities, the Government reports that a ruling has not yet been issued and that the investigation is confidential. In relation to the proceedings regarding the death of Reynaldo Hernández González (recommendation (c)), the Government reports that no ruling has yet been issued and that the investigation is still under way. The Committee notes this information and, while it regrets the delay in these proceedings, it hopes that they will be concluded in the very near future and requests the Government to keep it informed of developments.
8. 41. With regard to the Committee’s recommendation (g), concerning the consultations which the Government was to carry out with the First Agency of the Public Prosecutor’s Office of Lázaro Cárdenas on the case of the alleged abduction, beating and death threats against the wife of the union member Mario García Ortiz, the Government reports that the Office of the Attorney-General of the State of Michoacán has indicated that the preliminary investigation (identified by the IMF with reference No. 65/2007) is not related to Ms Maria Elena de los Santos Echeverría, wife of Mario García Ortiz. The Government also reports that the Office of the Attorney-General reviewed the register and index of the Agencies of the Public Prosecutor’s Office of Lázaro Cárdenas and found no investigation relating to the abduction and injuries against Ms Maria Elena de los Santos Echeverría. The Committee notes this information and requests the complainant organizations to once again identify the file number relating to the case of alleged abduction, beating and death threats against Ms Maria Elena de los Santos Echeverría, wife of union member Mario García Ortiz, to enable the Government to respond to these allegations.
9. 42. With regard to the Committee’s recommendation (f), in its communication of 18 January 2012, the SNTMMSSRM reported that there has so far been no investigation, prosecution or punishment of those who carried out the repressive acts in Cananea on 11 January 2008, 6 June 2010 and 8 September 2010. In relation to the repressive acts of 6 June 2010, in its communication of 20 April 2011, the IMF indicates that a group of persons in civilian dress carrying firearms, grenade launchers and spotlights entered the premises of the Mexican Cananea mining company and attacked 300 persons (including workers and their families) who were guarding mine gate No. 1. According to these allegations, the workers and their families were beaten indiscriminately and Filiberto Salazar, Miguel Ángel Covarrubias and Martín Alfredo Zambrano Ureña were injured in the attack. The IMF also indicates that, on that same day, arrests were made of the union members Rodolfo Valdéz Serrano, Luis Alberto Torres, Luis Alfonso Borbón Pérez, Everardo Ochoa and Marcelo Lara López, who were kept in isolation, without water or food, and were beaten, before finally being released on 8 June. In relation to the repressive acts of 8 September 2010, the IMF indicates that a group of strikers tried to go back into the mine premises, as authorized by a court order, and that they were violently attacked by groups of enterprise contractors. The IMF indicates that the federal and state police were present, but that they did nothing to stop the attackers. The IMF adds that after the attack the police arrested 23 members of the SNTMMSSRM and charged them with disturbing public order. The IMF also insists on the need to investigate the murders of Mario Alberto Castillo Rodríguez and Héctor Álvarez Gómez on 20 April 2006, the murder of Juventino Flores Salas in June 2009, and the attack against the state delegate of the SNTMMSSRM, Mario Garcia Ortiz, who was shot at and beaten by the federal police on 23 May 2010 in the city of Lázaro Cárdenas, Michoacán. The Committee notes with concern these serious allegations and is bound to deplore the acts of violence which, according to the complainants, occurred in June and September 2010 in the premises of the Mexican Cananea mining company. The Committee deeply regrets that the Government has not sent a reply in this regard and requests it, if it has not yet done so, to take the necessary measures to conduct judicial investigations to fully clarify these events, identify those responsible and punish the guilty parties. The Committee requests the Government to keep it informed of the results of these investigations.
10. 43. In its communications of 20 April and 18 July 2011, the IMF submits new allegations regarding acts of intimidation against workers of the Johnson Controls plant in Puebla and attacks on and threats to members of the NGO “Centro de Apoyo al Trabajador” (Worker Support Centre) in August and December 2010 and in January 2011, after the workers decided to become members of the SNTMMSSRM. It also alleges acts of intimidation against workers in the La Platosa mine to make them give up their membership of the SNTMMSSRM, and the dismissal of one of the workers who had been elected Secretary General of the mine. According to the IMF, these events took place in December 2010. The Committee regrets to observe that the Government has not replied specifically to these allegations, declaring only that the issues have nothing to do with this case. The Committee, however, emphasizes that the allegations in question have been presented by the two complainant organizations in the present case and that they refer to allegations of intimidation, threats and anti-union discrimination against members of the complainant union in the mining sector. The Committee therefore requests the Government to respond to the allegations and to indicate whether investigations have been carried out in order to fully clarify these events, identify those responsible and punish the guilty parties.
11. 44. Lastly, with regards to recommendation (b), regarding the possibility of holding a tripartite discussion on the advisability of expediting labour court proceedings in the case of internal union disputes, the Government emphasizes that internal union disputes are referred to the JFCA, which is a tripartite body, and that various measures have been adopted in order to expedite labour court proceedings, such as the creation of 346 posts in August 2011 and the signing of a general agreement for collaboration between the Secretariat of Labour and Social Welfare and public bodies subject to the jurisdiction of the JFCA. The Committee notes with interest the measures adopted by the Government to expedite labour proceedings before the JFCA. In this regard, the Committee also recalls that in its 370th Report of October 2013, regarding Case No. 2694 of Mexico, it observed in its conclusions that the reform of the Federal Labour Act, which came into force in November 2012, had a positive effect on the functioning of the JFCA. In particular, the Committee observed that the legislative reform provides for greater transparency and democracy in trade unions, the professionalization of the legal staff of the Federal Conciliation and Arbitration Boards, the adoption of rules to prevent irregular or corrupt practices in their proceedings, and moves to expedite and streamline procedures and to increase fines for deliberate delays. The Committee also referred to the Government’s policy of tripartite and social dialogue and observed that the Secretariat of Labour and Social Welfare has established permanent dialogue with employers’ and workers’ groups, including dialogue or communication with national trade union organizations [see 370th Report, paras 560–566].