Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Case No 2234 (Mexico) - Complaint date: 10-OCT-02 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 156. The Committee last examined this case at its November 2003 meeting [see 332nd Report, paras. 752-783]. On that occasion the Committee made the following observation: “Observing that the judicial authority has yet to decide on the charges against Mr. Fernando Espino Arévalo, General-Secretary of the Metropolitan Rail Transport Workers’ Union (SMTSTC) and the other participants in the industrial action carried out on 8 August 2002 in the metropolitan passenger train, the Committee expresses the hope that in handing down its decision, the judicial authority will take fully into account the principle according to which no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike. The Committee requests the Government to keep it informed in this respect.”
2. 157. In its communications dated 11 May and 25 October 2004, the Government announces that the Federal District Public Prosecutor’s Office stated that it would take into account the recommendation made by the Committee on Freedom of Association and would act in accordance with the law, at all times complying with the guiding principles of the Political Constitution of the United States of Mexico whilst respecting the right to strike. The Government adds that, however, it should be reiterated that, in the case in question, the strike was not legal, as the way in which it was called for did not comply with the terms of articles 92-109 of the Federal Public Employees Act which set out the relevant procedures to be followed by federal public employees wishing to exercise the right to strike. The Government likewise states that it is appropriate to point out that the corresponding decision has not yet been announced, as the Chamber of Deputies is still looking into the request to withdraw the parliamentary privileges of Mr. Fernando Espino Arévalo.
3. 158. The Committee takes note of the information provided. The Committee hopes that the judicial authority will announce a decision as soon as possible and that it will fully take into account the principles of freedom of association and asks the Government to keep it informed in this respect.