T-MEC labor panel rules in Mexico’s favor in San Martin mine case / @Edomex >>>

#EstadoDeMéxico.- The labor panel of the Mexico-United States-Canada Agreement (T-MEC) has ruled in favor of Mexico in the case of the San Martin mine, located in Sombrerete, Zacatecas. The three members of the first arbitration panel of the Labor Rapid Response Mechanism (LRRM) determined that they did not have jurisdiction to rule on the denial of union rights at the mine.

Consistent with the position defended by Mexico, the tri-national panel concluded that the denial of union rights can only be imputed to facts subsequent to the entry into force of the T-MEC and subject to the 2019 Labor Reform. The facts presented by the United States did not meet these criteria, as established by the panel.

This ruling is of utmost relevance, as it sets a precedent on the non-retroactivity of trade agreements. For Mexico, it is essential to avoid opening up this possibility in labor disputes as well as in other trade disputes.

With this ruling, our country also sets a precedent for a reasonable and good faith use of the MLRR, limiting its application to its sphere of competence and discouraging its future use for undue interference. Our objective is that Mexico complies with its international commitments and, at the same time, safeguards its national sovereignty to resolve its internal affairs.

In the case of the San Martin Mine, although Grupo Mexico has repeatedly denied workers freedom of association and collective bargaining rights throughout the 16 years of conflict, these irregularities were or are in the process of being corrected by the national authorities that do have jurisdiction over the case.

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