LABOR WORKING GROUP REPORT

November 12, 2003

2003 Accomplishments

In 2003, the Labor Working Group continued to make progress on key initiatives undertaken under the auspices of the cooperative activities program of the North American Agreement on Labor Cooperation (NAALC) and the Partnership for Prosperity program. These initiatives include collaborative efforts in the areas of migrant workers, workforce development, and occupational safety and health. The success of these initiatives bodes well for continued mutually beneficial cooperation on labor policies and programs in Mexico and the United States.

Migrant Workers The U.S. Secretary of Labor and the Mexican Secretary of Labor and Social Welfare issued a Joint Statement promoting collaborative efforts between Mexico and the United States on the subject of workplace protections. In the Joint Statement, the Governments reaffirmed their shared commitment to effectively enforce applicable laws in their countries relating to the protection of workers, and their intention to strengthen cooperative relationships and promote better understanding of labor laws and practices aimed at achieving this objective, particularly regarding migrant workers.

Pursuant to the U.S.-Mexico Joint Ministerial Statement Regarding Labor Rights of Immigrant Workers of April 2002, and the Ministerial Consultations Joint Declaration of June 2002, under the context of the North American Agreement on Labor Cooperation (NAALC), a Workshop on U.S.-Mexico Cooperation on Labor Rights of Migrant Workers in North America was held in August, in Mexico City. The Workshop participants addressed ongoing binational cooperation and explored new collaborative efforts to disseminate information on labor rights of migrant workers. During 2003, both countries collaborated in the development and dissemination of informational materials produced in Spanish addressing workplace rights of migrant workers in the United States.

For example, the U.S. Department of Labor, local governments, and community organizations, in collaboration with Mexican Consulates in the United States, launched the "Justice and Equality in the Workplace Program" of Dallas, a local partnership modeled after the successful "Houston model." Such local partnerships serve to inform migrant workers about their rights and responsibilities, as well as provide avenues for non-English speakers to report violations of labor laws enforced by the U.S. Department of Labor's Occupational Safety and Health Administration, Wage and Hour Division, and Office of Federal Contract Compliance. Similar partnerships are being contemplated in 2004 in other regions of the United States.

Workforce Development/Technical Assistance Program
This project is part of the Partnership for Prosperity program launched by Presidents Fox and Bush in September 2001. At the request of Mexico's Secretariat of Labor and Social Welfare (STPS), U.S. Department of Labor (DOL) assistance has focused on workforce development in Mexico in four key areas: 1) the Internet-based job bank (Chambanet); 2) the establishment of one stop employment service centers; 3) modernization of the occupational classification system; and 4) development of labor market projection capabilities. At the request of STPS, in 2003 a U.S. DOL team held a seminar in Mexico City on the U.S. standard occupational classification system, and subsequently a team of STPS officials participated in a workshop at DOL to further explore additional collaborative efforts in the four areas.

Occupational Safety and Health
Established pursuant to a Joint Declaration of Ministerial Consultations under the NAALC, signed by U.S. Secretary of Labor Elaine Chao and Mexican Secretary of Labor and Social Welfare Carlos Abascal, a trinational working group on occupational safety and health met in Mexico City in August 2003. Government experts reviewed progress over the past year and considered possible future cooperative activities. In 2003, the working group conducted several activities with the participation of business and labor: a technical workshop on Occupational Safety and Health (OSH) Management Systems and Voluntary Protection Programs; a workshop on best practices in the manufacturing industry; training for Mexican inspectors by the OSHA Training Institute; and a seminar on best practices in the construction industry.

Background
The Binational Commission Labor Working Group has met frequently over the last several years to discuss a wide-range of labor issues relevant to U.S.-Mexico relations. In recent years, the Working Group has reported on significant bilateral efforts undertaken to address labor issues, including those arising in the context of the North American Agreement on Labor Cooperation (NAALC), the supplemental accord to the North American Free Trade Agreement (NAFTA), and the Partnership for Prosperity program launched by Presidents Fox and Bush to promote economic development on both sides of the U.S.-Mexican border.

The objective of the Working Group is to promote bilateral efforts between the United States and Mexico on international labor issues and to report on progress annually to the U.S.-Mexico Binational Commission.

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