El Acuerdo de Cooperación Laboral de América del Norte: Perspectiva de México 1 The North American Agreement on Labor Cooperation: The Mexican Perspective

El Acuerdo de Cooperación Laboral de América del Norte:

Perspectiva de México

11

The North American Agreement on Labor

Cooperation: The Mexican Perspective

Workshop on Labor Dimension of FTAs and Regional Integration Processes

Port of Spain, Trinidad and TobagoJuly 10, 2007.



22

North American Agreement on Labor North American Agreement on Labor Cooperation (NAALC)Cooperation (NAALC)

US and Canadian unionsUS and Canadian unions argued thatargued that comparative advantagescomparative advantages of Mexico of Mexico would cause job loss and a-raise-to-the-would cause job loss and a-raise-to-the-bottom in their countries.bottom in their countries.

Negotiations of labor and Negotiations of labor and environmental agreementsenvironmental agreements as a as a precondition to approve NAFTA in the precondition to approve NAFTA in the US Congress.US Congress.



33

North American Agreement on Labor North American Agreement on Labor Cooperation (NAALC)Cooperation (NAALC)

During the NAALC discussions, During the NAALC discussions, negotiators acknowledged three negotiators acknowledged three differentdifferent law traditions and law traditions and evolution.evolution.

The Mexican labor law protects The Mexican labor law protects workers.workers. 66 ILO Conventions were in 66 ILO Conventions were in force in Mexico.force in Mexico.



44

NAALC: ObjectivesNAALC: Objectives

Main objective:Main objective: Improve labor conditions Improve labor conditions of workers and their standard of living.of workers and their standard of living.

CooperationCooperation among the three countries. among the three countries.

Commitment to Commitment to effectively enforceeffectively enforce domestic labor legislation by the domestic labor legislation by the competent competent national authoritiesnational authorities..

TransparencyTransparency in the administration of labor in the administration of labor law.law.



55

NAALC: Main ConceptsNAALC: Main Concepts

Promotion and respect of thePromotion and respect of the identifiedidentified 11 common labor principles11 common labor principles. No. No new labor new labor laws were created. laws were created.

Explicit acknowledgement of the right of each Explicit acknowledgement of the right of each Party to establishParty to establish its own labor legislation. its own labor legislation. There is There is no harmonization of labor lawsno harmonization of labor laws..

The Ministerial CouncilMinisterial Council is the highest authority. NoNo supranational supranational authorities were instituted. authorities were instituted.

Decisions ofDecisions of domestic labor tribunals or domestic labor tribunals or sub sub judice matters judice matters are not reviewed.are not reviewed.



77

NAALCNAALC Provides channels to Provides channels to prevent conflictprevent conflict and to and to

understand labor law differencesunderstand labor law differences.

Establishes the Commission for Labor Cooperation, an institutional structure for administration and operation of the NAALC:

Ministerial Council and

Secretariat.

National Administrative Offices of each Party



88

NAALC: Institutional NAALC: Institutional StructureStructure

Commission for Labor Cooperation

Ministerial Ministerial CouncilCouncil

SecretariatNational

AdministrativeOffices



99

NAALC: Cooperative ActivitiesNAALC: Cooperative Activities

Projects with aProjects with a positive impact in positive impact in labor partnerslabor partners:: workshops, training workshops, training courses, technical assistance.courses, technical assistance.

Exchange ofExchange of best practicesbest practices in health in health and safety, promotion of employment, and safety, promotion of employment, among other issues.among other issues.

Social participationSocial participation: : involvement of involvement of union and business representatives, union and business representatives, academia and NGOs of the three academia and NGOs of the three countries.countries.



1010

Labor Cooperation Results 1994-Labor Cooperation Results 1994-20072007 95 cooperative activities among the three countries.95 cooperative activities among the three countries.

Cooperative Activities by Topic 1994-2007

Minimum employment

standards9%

Freedom of association

9%

Elimination of employment

discrimination7%

Labor markets12%

Labor protections for children and

young persons2%

Protection of migrant workers

6%Safety and

health47%

Other8%



1111

NAALC: Dialogue stages and social NAALC: Dialogue stages and social participationparticipation

Public Communications

Technical ConsultationsTechnical Consultations

Ministerial ConsultationsMinisterial Consultations

Evaluation Committee of Experts

Arbitral Panel



1212

NAALCNAALC Public communications:Public communications: 36 have been 36 have been presented in thirteen yearspresented in thirteen years. .

Ministerial Consultations: Ministerial Consultations: Since 1994,Since 1994, Labor Labor Ministers have endorsed Ministers have endorsed eighteight agreements agreements resolving consultations.resolving consultations.

The NAALCThe NAALC promotes promotes dialogue and dialogue and cooperationcooperation..

Collaboration and communication have Collaboration and communication have allowedallowed forfor the resolution of differencesthe resolution of differences through cooperation and exchanges of through cooperation and exchanges of information information among the three countries. among the three countries.



1313

NAALC: Public NAALC: Public communicationscommunications

1994-20071994-2007

36

2 11

23

0

5

10

15

20

25

30

35

40

TotalCanadaUSMexico



1414

NAALC 1994 - 2007NAALC 1994 - 2007

Privileging dialogue and cooperationPrivileging dialogue and cooperation in every moment has deactivated conflict.

Different expectationsDifferent expectations on the actual scope of the on the actual scope of the Agreement are expressed through pressures to Agreement are expressed through pressures to change labor laws, to change labor tribunals decisions, change labor laws, to change labor tribunals decisions, to substitute domestic bodies responsible for the to substitute domestic bodies responsible for the enforcement of labor law or to enforce law extra-enforcement of labor law or to enforce law extra-territorially.territorially.

The NAALC cooperative activities have fostered a The NAALC cooperative activities have fostered a better understanding of labor legislation and labor better understanding of labor legislation and labor markets in North America, with an markets in North America, with an active social active social participationparticipation..

It has provided dialogue channels for the It has provided dialogue channels for the Ministers of Ministers of LaborLabor of the three countries.of the three countries.



1515

The North American Agreement on Labor

Cooperation: The Mexican Perspective

Workshop on Labor Dimension of FTAs and Regional Integration Processes

Claudia Anel Valencia Secretaría del Trabajo y Previsión Social, MEXICO

Port of Spain, Trinidad and TobagoJuly 10, 2007.

Documents

El Acuerdo de Cooperación Laboral de América del Norte: Perspectiva de México 1 The North American Agreement on Labor Cooperation: The Mexican Perspective