Monday, May 21, 2007

Mexico Needs Labor Reform and a New Unionism

By Dr. José Enrique Vallarta Rodríguez

Labor and trade unions have played a basic role throughout Mexican history.  Especially since the drafting of Mexico’s post-revolutionary Constitution, as reflected in Article 123 of this nation’s Magna Carta that deals with labor laws and social security, plus other codes and regulations such as the Federal Labor Law, and the Mexican Social Security Institute Law.  All of which have granted the right to work, and to social security for workers, up to the present day.

The union organizations that emerged during the great economic crisis of the 1930s were identified with the reform program of then President Lázaro Cárdenas (1934-1940), with leaders who established a solid alliance with the Mexican state.  And this was accomplished through relationships with the government’s political party, the Mexican Revolutionary Party (PRM) that was the precursor of the Institutional Revolutionary Party, or PRI, that controlled the nation.

And Mexican unionism gave social stability to the nation, it strengthened national institutions, and it consolidated the Mexican political system of the 20th century.

With Mexican unionism being part of the national political system, it had to suffer the same effects and defects of legitimacy and political crises as did the dominant party system during much of the 20th century, above all since the crisis of the 1970s began with so-called “Mexican stabilizing development.”  Extensive industrialization took place in Mexico during that decade, and the weight of unions on society grew enormously — which led to crises insofar as the unions took on more of a political role than representation of their members. 

That predominantly political nature of the unions thus allowed their bureaucratization and centralization, with their economic activities limited to transacting labor contracts.  Political-union actions and activities were initiated in order to demand channels and positions of political-legislative representation from the state, as well as a clearer role and greater participation in economic policy decisions made by the government.

The evolutionary process of Mexican unionism was thrown out of kilter with the 2000 federal elections, when the dominant PRI lost the elections to a rightist opposition party, the National Action Party (PAN).  And the players changed, as did the rules of the game.

Yet the new government’s inexperience, and its shortcomings in leadership, strengthened the unions. 

During the 2006 campaign and election process, the outgoing government’s party entered into an alliance with the Mexican teachers’ union that helped the PAN candidate win a very competitive and close presidential election.

This past Labor Day holiday, on May 1, naturally helped to open a dialogue within the administration of President Felipe Calderón as to the new role that Mexican unions and unionism should have in order to become more functional during the 2006-2012 sexennial.  And this offers a great opportunity, to not only establish political-electoral alliances with unions but also to move Mexican unionism towards greater modernization, productivity, efficiency, transparency and legality for the betterment of Mexico.

And to establish an efficient labor agenda with Mexico’s most representative labor and trade unions, this will obviously have to include future agreements for collaboration, coexistence and governance among all of the sectors involved in production.

Meanwhile, in recent weeks proposals have been made that would strengthen union autonomy with respect to the government, namely the Secretariat of Labor and Social Security, by implementing an autonomous public registry structure for unions and collective contracts.

For the first time in many years we Mexicans have a historic opening and possibility to achieve a new “labor reform,” that would update the legal framework of Mexican labor while offering the nation greater opportunities in development, productivity and competition.  And it is important for the new government to take advantage of these circumstances and opportunities that will serve to better Mexico.

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José Enrique Vallarta Rodríguez, a MexiData.info guest columnist, received his doctorate in Mexican Electoral Law from the National Autonomous University of Mexico.  Mexico City-based, he has worked for the Federal Electoral Institute.  He can be reached via e-mail at vej_2006@yahoo.com.mx.

Translation MexiData.info