Background on the Issue and Relevance of Convention 190
Workplace violence is a pressing issue in Mexico, affecting both the country and its workers. However, institutions face a lack of clarity in implementing the Convention 190 (C190) of the International Labour Organization (ILO) comprehensively and appropriately.
A joint study by civil society organizations Intersecta, Fundación Avina, and Iniciativa Arropa highlights this challenge in their report titled “Towards the Construction of Work Worlds Free from Violence: Diverse Perspectives on the Legislative Harmonization Needs of C190 in Mexico.”
The ILO Convention 190 is the first global instrument that guarantees the right to a workplace free from violence and harassment. Mexico ratified this convention on July 6, 2022, and it came into effect in 2023.
Legislative Gaps and Institutional Confusion
Following the entry into force of Convention 190, Mexico was required to adjust its legislation to meet international obligations. Nevertheless, there are still legislative gaps between C190 and Mexican labor law.
“There is little clarity among institutions on how to address the implementation of the convention, from legislative adaptation to internal adjustments within their regulatory frameworks,” according to the report.
The document points out varying opinions among key institutions regarding their role and obligations to establish a regulatory environment that significantly improves workers’ quality of life.
“By ‘implementation roadmap,’ we mean that each actor involved—labor authorities, worksites, chambers of commerce, trade unions, and workers—should understand the contents of reforms on harassment and violence, be aware of prevention, attention, and sanction mechanisms, and have the ability to translate legal provisions into concrete actions and resources,” it argues.
The report emphasizes that implementing the Convention requires creating manuals, protocols, complaint boxes, conciliation mechanisms, and reparation and restitution pathways tailored to each workplace’s reality.
“Given the diversity and capacity of workplaces, especially small ones, the state should assume a guiding role to facilitate implementation and compliance with labor legislation,” it states.
Necessary Legislative Amendments in Mexico
The report indicates that various amendments are necessary in Mexican legislation to align it with Convention 190’s provisions.
Although some legislative initiatives have been presented to translate specific elements of Convention 190 into Mexican law (including definitions of workplace violence, identification of protected persons, and support mechanisms), many proposals fail to capture the full scope and objectives of C190.
“In any case, no legislative proposal has succeeded in harmonizing national legislation with C190, and significant gaps still exist between national legislation and international norms,” the report stresses.
In this context, Deputy Patricia Mercado comments that the required reforms need criteria or procedures for employers.
“I hope that the Chamber of Deputies can resume efforts to materialize this Convention as an act of justice, especially for women who have yet to benefit from recent labor reforms,” she says.
Mercado points out that the C190 definition might require more work with informal workers, a significant sector in Mexico. “We know that informality is prevalent in Mexico, and these work forms clearly show the need to reconsider our notion of social dialogue with this report,” she adds.
“Our goal is to make the legislative process as inclusive as possible. We are already building agreements with the Executive, congressional blocs, and civil society organizations to advance. We need to start over, but hopefully, we can make progress. Mexico will present its second report in 2027, and by then, we hope to show how far we have come,” Mercado concludes.
Key Questions and Answers
- What is the issue at hand? Workplace violence is a significant concern in Mexico, and institutions struggle to implement Convention 190 of the ILO comprehensively.
- Who is involved? Key institutions, including labor authorities, worksites, chambers of commerce, trade unions, and workers, need clarity on implementing C190.
- What does Convention 190 entail? It is the first global instrument ensuring a workplace free from violence and harassment, ratified by Mexico in 2022.
- Why are legislative amendments necessary? Existing Mexican labor law does not fully align with C190’s provisions, requiring adjustments to address workplace violence effectively.
- What is the role of Deputy Patricia Mercado? She advocates for legislative reforms that incorporate criteria or procedures for employers to ensure justice, especially for women affected by workplace violence.
