Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Mexico (Ratification: 1978)

The Committee notes the observations of the Regional Confederation of Mexican Workers (CROM), the Autonomous Confederation of Workers and Employees of Mexico (CATEM), the Confederation of Workers of Mexico (CTM), the Authentic Workers’ Confederation of the Republic of Mexico (CAT), the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) and the International Confederation of Workers (CIT), communicated by the Government with its report. The Committee also notes the observations of the National Union of Workers (UNT), received on 8 October 2024. The Committee requests the Government to provide its comments in this respect.

Articles 2, 4(2) and 5(2) of the Convention. Consultation procedures. Training. The Committee notes the Government’s indication that consultations were held on the manner in which the functioning of the procedures required by the Convention could be improved, by means of a questionnaire sent by email on 4 July 2024 to the most representative employers’ and workers’ organizations. The Committee notes the replies to this questionnaire from the trade union confederations the CTM, CAT, CATEM, CROM and the CIT, and from the employers’ organization CONCAMIN. As a whole, these organizations state that the consultation procedures are adequate. CAT further indicates that the time given to the organizations to submit their comments was adequate, which enabled them to have the necessary information to formulate their opinions. CATEM further indicates that tripartite social dialogue has been strengthened, particularly since the labour reform of 2019. CONCAMIN proposes, among other measures, the creation of a working group comprising the most representative workers’ and employers’ organizations before the Secretariat for Labour and Social Welfare (STPS), in relation to the obligations arising from the work of the ILO, and the establishment of an annual agenda on the issues to be addressed in this regard.

The Committee notes that the UNT, for its part, maintains that it was not consulted regarding the potential improvement of consultation procedures. The UNT further underscores that there are no procedures ensuring the holding of effective tripartite consultations on a regular basis with regard to all matters relating to international labour standards set out in Article 5(1) of the Convention. The UNT states that consultations are sporadic, do not follow a clear methodology and do not have any follow-up, which reduces their effectiveness. In this regard, the UNT highlights the need to establish and regulate procedures agreed upon through social dialogue, which would facilitate the exchange of information between sectors, joint decision-making and adequate follow-up and evaluation. Lastly, the UNT indicates that, although there is a tripartite advisory body that meets regularly, that is, the National Concertation and Productivity Committee (CNCP), this body does not have the authority to hold consultations on matters relating to international labour standards.

Regarding the training of participants in consultation procedures (Article 4(2)), the Committee notes that the trade union confederations and CONCAMIN highlight in their replies to the aforementioned questionnaire, the need for a greater emphasis on such training, including through ILO technical assistance. They indicate that this would help to maintain the active participation of the social partners in the consultations on the examination of Conventions, strengthen their knowledge of matters related to the ILO, and improve the content of the reports to be sent to the ILO. The Committee also notes that, in its observations, the UNT maintains that measures have not been adopted to enhance the capacity of the social partners, and that it is the organizations themselves that take responsibility for training their representatives in international bodies. In this regard, the UNT indicates that ILO technical assistance is required to provide training courses to tripartite constituents, including in relation to this Convention. The Committee requests the Government to indicate the measures adopted in response to the proposals by the trade union confederations and CONCAMIN to improve the consultation procedures covered by the Convention. In this regard, the Committee invites the Government to indicate whether it is considering institutionalizing tripartite consultation procedures with a view to giving effect to Article 5(1), including the creation of a tripartite mechanism with an explicit mandate to cover these matters, as proposed by CONCAMIN. Furthermore, in the light of the concerns raised by the UNT, the Committee requests the Government to send information on the manner in which it ensures that the tripartite consultations covered by the Convention are held at appropriate intervals fixed by agreement, but at least once a year, in accordance with Article 5(2). Lastly, it requests the Government to supply information on the training provided to the representatives of workers’ and employers’ organizations who participate in consultations. In this regard, the Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

Article 5. Effective tripartite consultations. The Committee welcomes the detailed information provided by the Government regarding the tripartite consultations held between April 2022 and July 2024 on matters concerning international labour standards covered by Article 5(1) of the Convention: (i) the replies to the questionnaires on the items included on the agenda of the 111th, 112th and 113th Sessions of the International Labour Conference; (ii) the reports on ratified Conventions; and (iii) the possible ratification of the Migration for Employment Convention (Revised), 1949 (No. 97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Government adds that, following consultations, the process established at the national level for the possible ratification of Convention No. 187 was initiated. With regard to consultations on reports concerning ratified Conventions (Article 5(1)(d)), the Government indicates that these reports are communicated to the most representative workers’ and employers’ organizations so that they are aware of the Government’s decisions and can verify that their comments were correctly transmitted. In this regard, the UNT states that the Government merely communicates to the social partners the list of Conventions on which reports must be submitted and subsequently incorporates the observations of the social partners once the reports have been submitted to the ILO. The UNT adds that the reports produced by the Government are not transmitted to the social partners, which therefore do not have the opportunity to strengthen or refute the information provided by the Government in those reports. Concerning the proposals to be made to the competent authority in connection with the submission of instruments (Article 5(1)(b)), the Government indicates that the Secretariat for Labour and Social Welfare (STPS) is developing a technical notice that includes the opinion of the most representative employers’ and workers’ organizations, and of the authorities responsible for the application and enforcement of the corresponding instruments. For its part, the UNT indicates that there are no procedures that guarantee regular consultations on such matters, and that it is the organizations that submit documents and request different authorities and the Congress of the Union to ratify Conventions.

Lastly, the Committee notes the Government’s indication that, on 6 September 2023, the most representative employers’ and workers’ organizations were sent a copy of the letter dated 14 July 2023, communicated by the Government to the Director-General of the ILO, which supported the request by the Workers to include an item on the agenda of the 349th Session of the Governing Body (October–November 2023) for the discussion of and a decision on an urgent referral to the International Court of Justice (ICJ) regarding the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in relation to the right to strike. Furthermore, on 19 October 2023, a virtual meeting was held with the social partners during which positions on the matter and the expectations regarding the discussion in the Governing Body were expressed. The Committee requests the Government to continue to provide information on the frequency, content and outcomes of the tripartite consultations held on all matters relating to international labour standards listed in Article 5(1) of the Convention. The Committee also requests the Government to provide information on the concrete results achieved in the process to ratify Convention No. 187.