Introduction to Convention 190 and Mexico’s Challenge
As part of ratifying the International Labour Organization (ILO) Convention 190, which aims to eradicate workplace violence and harassment, Mexico faces the task of aligning its legislation with this convention. Despite over 140 proposals presented in the Chamber of Deputies to achieve this, no progress has been made, according to a report by Intersecta, Fundación Avina e Iniciativa Arropa.
Proposed Changes and Lack of Advancement
The proposed changes range from defining key concepts related to workplace violence, delineating protected persons under the law, to improving mechanisms for attention, prevention, and protection. However, none have succeeded so far.
Expert Opinions
Ana Calderón Salazar, Incidencia leader at Intersecta, notes that while legislators show interest in the country’s labor agenda, various factors hinder full harmonization of the convention.
- Conceptual Confusion: A broad misunderstanding of the issues.
- Implementation Routes: Unclear paths for integrating the Convention 190 into existing institutions.
- Distinguishing Labor Conflicts: The need to differentiate between labor conflicts, harassment, and violence, which carry distinct legal meanings.
Calderón also points out that eliminating labor conflicts is nearly impossible, but preventing their escalation into violence is achievable. She emphasizes the lack of institutional and organizational capabilities within workplaces to address these phenomena.
Mayeli Cabral, a labor law specialist at Chevez Ruíz Zamarripa, suggests that the legislature’s focus on reducing working hours has overshadowed harmonization with Convention 190. She highlights a lack of legislative progress despite initial commitments to align with the ILO convention.
Key Questions and Answers
- What are the main obstacles to harmonizing Convention 190 with Mexican legislation? Lack of institutional capabilities to create necessary tools, insufficient understanding of workplace violence due to the absence of a dedicated labor violence survey, and legislative focus on other matters like reducing working hours.
- Why is identifying the problem crucial before reforming legislation? Without understanding and identifying the problem’s depth, there won’t be sufficient material to create appropriate tools. Public budget reallocation is needed for instruments that facilitate this process.
- What should be the next step once labor hour reduction is addressed? Focus legislative efforts to comply with the ILO convention.
The Path Forward
According to Ana Calderón, understanding and identifying workplace violence is essential for creating legislation in line with Convention 190’s metrics. She stresses the need for public budget reallocation to develop necessary tools.
Mayeli Cabral recommends that, once labor hour reduction is addressed, the subsequent step should be concentrating legislative efforts to meet the ILO convention’s requirements.
The report “Towards Building Violence-Free Worlds of Work” indicates that there are demands for improved working conditions promoting a balance between personal and professional life, which has led to conflicting beliefs and established conditions in workplaces.
