borderlines UPDATER 2 March 1998
U.S. NAO Confirms Discrimination
Against
Pregnant Maquila Workers
Editor: George Kourous
Assistant Editor/Reporter: Tina Faulkner
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CONTENTS:
1. U.S. NAO Confirms Discrimination Against Pregnant Maquila Workers a Problem
2. NGOs, Union Activists, Pressure Both NAO and Mexican Government for Reform
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by Tina Faulkner
On January 12, 1998 the National Administrative Office (NAO) of the U.S. Department of Labor issued a report on gender discrimination in maquiladoras located along Mexico’s border with the U.S. An NAO was established in each NAFTA signatory country as part of the labor side agreement to that treaty. Each NAO accepts citizen submissions charging one of the other NAFTA signatories with a failure to enforce its labor laws.
The January 12 report presents the results of the NAO’s investigation of a submission entered on May 16, 1997, by the U.S. based Human Rights Watch and International Labor Rights Fund and the Mexico based Asociación Nacional de Abogados Democráticos (ANAD), alleging that Mexico had failed to enforce its own anti-discrimination labor laws by ignoring pre-employment pregnancy screening of female applicants and harassment of pregnant employees in the maquiladora industry. Submitters alleged that pregnant women are often coerced into resigning by their employers, who wish to avoid payment of maternity benefits-- a legal obligation of the company if the woman has been employed for less than thirty weeks. The submitters also asserted that women who are affected by such discrimination are denied access to the appropriate tribunals, and that these tribunals lack the jurisdiction, resources and guidance to effectively enforce gender discrimination laws.
The NAO found that pre-employment pregnancy screening does occur in the maquiladora industry. The report stated, however, that it is unclear whether this is against Mexican law. In its response to the charges, the Mexican NAO claimed that pre employment pregnancy screening is not illegal in Mexico, since it falls outside labor law jurisdiction. The report notes, however, that the president appointed Human Rights Commission for the Federal District found in 1995 that Federal Government agencies conducted pregnancy screening in violation of the Constitution and recommended that the practice be discontinued, a recommendation with which the agencies complied. The report also cites a five year Government plan entitled Alliance for Equality: National Program for Women, 1995-2000, in which pregnancy screening was recognized as a problem and proposed a plan of action to address it.
The report also confirmed that post-hire discrimination against pregnant women occurs, and is a clear violation of the Mexican Constitution and Federal Labor Law. The NAO assessed that although there are tribunals to address this, there is a lack of awareness of the measures available and a lack of trust in their effectiveness. The NAO report called for improvements in these areas: "it is [ ] evident, from the information provided by witnesses as well as in the Government’s Alliance for Equality, that additional efforts need to be directed toward awareness programs for women workers, the protection they are afforded by the law, and the means and procedures by which they may seek redress."
The NAO recommends that the U.S. Labor Secretary Alexis M. Herman hold consultations with Mexico's Minister of Labor and Social Welfare, Javier Bonilla Garcia, in order to clarify the law in Mexico regarding discrimination on the basis of pregnancy. "We plan to discuss the findings of the report, and some of the concerns expressed in the report, said Irasema Garza, director of the NAO. "clearly we’ve got two different government entities differing on whether the prehire pregnancy screenings are a violation. In particular the US should clarify the government of Mexico’s position concerning whether pregnancy screening is common in Mexico, and of course if it is illegal."
NGOs, UNION ACTIVISTS, PRESSURE BOTH NAO AND MEXICAN GOVERNMENT FOR REFORM
For their part, submitters contend they will continue to press for better treatment of female workers in the maquiladoras. "I think that the report can help change these practices," said Oscar Alsaga, director of ANAD. " The NAFTA attracts maquiladoras since it provides for a reduction of tariffs, and there are now over 1 million workers in Mexico in the maquiladora, and about 800,000 of these are women. Because these are not small problems, we here at ANAD are going to insist that the NAO pursue this problems, 3,4,5 times, until it is resolved."
The NAO continues to be criticized by various players in the NAFTA trade debate. In its Jan 23 issue, the NAFTA and International Trade Monitor states that the U.S. Council for International Business, a group representing U.S. multinational corporations, charged that the NAO has invested too much in investigations of company abuses rather than on the encouragement of cooperation among the NAFTA governments. The International Labor Rights Fund has stated, on the other hand, that the NAALC has not been effective enough in protecting workers, and urges a renegotiation of the NAFTA treaty, in which labor concerns would be built into the main agreement. Alsaga argues from a similar perspective. "In the laws of the labor side agreements there are provisions for consultations between Mexican and US government officials," he said. "we think that there should also be reps of labor in these consultations, or participants from the society at large to obtain more just and impartial response. The Mexican government are more interested in attracting maquiladoras than in respecting the rights of workers. It’s not bad that they part, it is just that participants need to come from labor and NGOs too."
As of this printing, Herman has requested such consultations with Bonilla, and is awaiting an affirmative or negative response.