I. SUMMARY OF THE PETITION

This petition will show that the Mexican government, specifically the Secretaría de Trabajo y Prevision Social (STPS), Instituto Mexicano del Seguro Social (IMSS), and the Secretaría de Salud (SSA), has persistently failed to enforce occupational health and safety laws and regulations with regard to the Auto Trim and Custom Trim/Breed Mexicana maquiladoras located respectively in Matamoros and Valle Hermoso in the state of Tamaulipas. Workers at these plants sew and glue leather covers onto steering wheels and gearshifts. Many workers suffer from illnesses and injuries related to exposure to toxic substances and muscular-skeletal disorders caused by poor ergonomics.

Petitioners believe that work-related injuries and illnesses at Auto Trim and Custom Trim/Breed Mexicana could be reduced if the Mexican government properly enforced its own health and safety laws, regulations, and norms. These include the Federal Labor Law (Ley Federal del Trabajo or "LFT"), the Social Security Law (Ley de Seguro Social or "LSS"), the Health Law (Ley General de Salud or "LGS"), and the regulations and norms issued pursuant to these laws.

The STPS has failed to enforce LFT provisions which require the agency to:

• conduct effective and transparent periodic inspections of Auto Trim and Custom Trim/Breed Mexicana to ensure that workers operate under safe conditions and that employers comply with Mexico's occupational health and safety rules;

• investigate reported violations of health and safety laws;

• mandate that the plants inform and educate workers about workplace hazards, including exposure to toxic substances, musculo-skeletal disorders, cuts and gashes;

• ensure that the plants develop and implement effective training and hazard prevention plans to reduce the incidence of work-related illness and injury;

• insist that the plants institute safe ergonomic practices;

• insist on appropriate exhaust systems, ventilation, and temperature control at the plants;

• direct the plants to provide appropriate personal protective gear;

• ensure that the plants establish fully-functioning health and safety committees;

• issue corrective orders;

• assess monetary fines for violations; and

• ensure that employees who suffer work-related injuries and illnesses receive proper medical treatment and compensation.

The IMSS has similarly failed to enforce Mexican health and safety rules established in the LSS by neglecting to ensure that workers are properly trained, and that the plants implement preventive and protective measures in accordance with the law. IMSS, along with STPS, has also failed to enforce laws which require that plant employees receive proper medical treatment and compensation for work-related illnesses and injuries.

The SSA has ignored its responsibility under the LGS to determine whether the plants are in compliance with Mexico's occupational health laws, to impose sanctions for violations, and to suspend plant operation when serious violations of such laws occur. Like the STPS and IMSS, the SSA has failed to ensure that plant workers are properly trained in occupational health and safety issues, in particular the prevention of workplace illness and injury. The SSA, moreover, has neglected its legal obligations to publicize to plant workers the maximum permissible limit of exposure to different toxic materials, and to coordinate implementation of testing and investigation of worker exposure to toxins.

Because of the persistent pattern of failure by the STPS, IMSS, and SSA to enforce applicable laws, workers at Auto Trim and Custom Trim/Breed Mexicana suffer work-related illnesses and accidents, sometimes resulting in permanent disabilities. These illnesses and injuries typically fall into two broad categories: (1) those related to exposure to toxic substances, including chronic skin and eye irritations, dermatitis, rashes, headaches, nausea, respiratory difficulties, chronic sore throats and coughs, dizziness, fainting, memory loss, and an unusually high rate of birth defects in their children; and, (2) those related to poor ergonomics, including chronic hand, wrist, arm, and back pain, permanently diminished mobility and use of hands, wrists, and arms, carpal tunnel syndrome, and cuts and gashes. Furthermore, the failure to enforce laws governing work-related medical referrals and disability payments results in workers being denied the medical care and disability benefits to which they are legally entitled; such denials can exacerbate the effects of the injuries and illnesses.

Despite written requests to STPS, IMSS, and SSA, the agencies have persistently failed to take actions to enforce Mexico's health and safety laws at Auto Trim and Custom Trim/Breed Mexicana. Mexico's persistent failure to enforce its Constitution, laws, and regulations governing worker health and safety violates the letter and the spirit of the North American Agreement on Labor Cooperation (NAALC). Petitioners request the National Administrative Office (NAO) to investigate, hold hearings, and direct the Mexican government to abide by the NAALC, and enforce Mexican occupational health and safety standards at Auto Trim and Custom Trim/Breed Mexicana, as well as other maquiladoras operating within Mexico's borders.

II. JURISDICTION

A. The NAO's Authority in This Case

Jurisdiction over this matter is based on Article 16(3) of the North American Agreement on Labor Cooperation (NAALC), which provides that the NAO shall review submissions of public communications on labor law matters arising in the territory of another Party. This submission by interested parties in the United States and Mexico is brought to challenge labor law matters, defined in Article 49 of the NAALC, arising in Mexico. In particular, the parties filing this submission challenge the failure of the Mexican government to enforce laws requiring the "prevention of occupational injuries and illnesses." See NAALC Articles 3(1) and 49 (1) (i) and (j).

The Submitters have exhausted all the domestic procedures available to them in compliance with NAO guidelines. Mexican law provides no specific procedures or remedies to workers to challenge the failure to enforce occupational health and safety laws by the STPS, IMSS, and SSA. Several Submitters, however, pursuant to their right of petition, complained to the Mexican government of unsafe and unhealthy working conditions, and petitioned the government to carry out inspections and enforce health and safety laws at Auto Trim and Custom Trim/Breed Mexicana. These petitions include:

1. Petition to the Secretaria del Trabajo for an inspection, dated May 19, 1998;

2. Petition to the Secretaria de Salud for a sanitary inspection, dated April 14, 1999;

3. Petition to the Secretaria del Trabajo for an extraordinary inspection, dated April 14, 1999;

4. Petition to the Instituto Mexicano del Seguro Social (IMSS), dated April 15, 1999.⁽¹⁾

Workers and former workers at Auto Trim and Custom Trim/Breed Mexicana have also requested proper medical attention and disability payments from the IMSS. See Affidavits, Interviews, and Reports, attached at Appendix II. Although there is an appellate process available for redetermination of payment disabilities, most workers have not pursued these remedies for a variety of reasons. Some workers failed to appeal during the statutory time period because of lack of information about their right to appeal and the mechanics of the appeal process. Others did not appeal because they feared that any disability payments they had been granted could be reduced on appeal. Others decided not to appeal because they feared retaliation from their employers if they sought proper adjudication of disability payments.

For the above reasons, the Submitters have actually or constructively exhausted domestic remedies as required by NAO guidelines.

B. Mexico's Violations of the NAALC

Petitioners allege that the Mexican government's persistent pattern of failure to enforce its occupational health and safety laws in the cases of Auto Trim and Custom Trim/Breed Mexicana violates Articles 1, 3, 4, 5, and 7 of the NAALC. Article 1(a) requires the parties to "improve working conditions and living standards in each Party's territory." Article 1(b) requires parties to "promote, to the maximum extent possible, the labor principles set out in Annex 1" to the NAALC. Annex 1 establishes guiding principles to which each Party commits, subject to its domestic laws, to protect the rights and interests of its workforce. Principles relevant to the instant complaint include "prevention of occupational injuries and illnesses" and "compensation in cases of occupational injuries and illnesses." See Annex I (9) and (10). In addition, Articles 1(f) and (g) of the NAALC require each party to "promote compliance with, and effective enforcement by each Party of its labor law; and foster transparency in the administration of labor law."

Article 3 of the NAALC obligates each party to promote compliance with and effectively enforce its labor law through appropriate government action, including:

• "monitoring compliance and investigating suspected violations including through on-site inspections" (Article 3(1)(b));

• requiring record-keeping and reporting (Article 3(1)(d)); and

• "initiating, in a timely manner, proceedings to seek appropriate sanctions or remedies for violations of its labor law" (Article 3(1)(g)).

Article 4 ensures a private right of action by requiring that each government's domestic laws guarantee an individual's access to relevant "administrative, quasi-judicial, judicial or labor tribunals for the enforcement of the [its] labor laws." (Article 4(1)).

Article 5 requires that all proceedings for the enforcement of labor laws be fair, equitable and transparent. It also requires that these proceedings comply with due process of law, are open to the public, and are not unnecessarily complicated or involve unwarranted delays.

Article 7 requires each party to promote public information and awareness of its labor laws, including by: "(a) ensuring that public information is available related to its labor law and enforcement and compliance procedures; and (b) promoting public education regarding its labor law." (Article 7 (a)(b)).

In addition to violating Articles 1, 3, 4, 5, and 7, Petitioners allege that Mexico's pattern and practice of failing to enforce occupational health and safety shows flagrant disregard for the principles set out in the preamble to the NAALC. Paragraph 1 of the preamble, for example, refers to the parties' resolve in enacting NAFTA "to protect, enhance, and enforce basic workers' rights." In Paragraph 7, the parties resolve to promote "high-skill, high productivity economic development in North America" by inter alia, "encouraging employers and employees in each country to comply with labor laws and to work together in maintaining a progressive, safe, and healthy working environment."

C. Applicable Mexican Laws

Article 123 of the Mexican Constitution is the original source of authority for labor laws in Mexico, including occupational health and safety rules, and provides federal jurisdiction over such matters. The principles embodied in the Constitution are codified in Mexico's Federal Labor Law (Ley Federal del Trabajo of "LFT"). The STPS is charged with enforcing the LFT, including its occupational health and safety provisions, which are intended to promote safe working conditions and to reduce the risk of injury and illness. The Federal Regulation on Safety, Health, and the Working Environment (Reglamento Federal de Seguridad, Hygiene y Medio Ambiente de Trabajo or "RFSH") establishes the rules and procedures for the enforcement of safety and health standards in Mexico. The purpose of the RFSH, which took effect on April 21, 1997, is to ensure that work takes place under appropriate health and safety conditions, and in accordance with the LFT. The STPS is also obligated to develop and enforce standards known as the Official Mexican Standards (Normas Oficiales Mexicanas or "NOMs-STPS" or "NOMs"). Petitioners allege that the STPS failed to enforce the LFT, the RFSH,⁽²⁾ and the NOMS-STPS at Auto Trim and Custom Trim/Breed Mexicana.

The Social Security Law (Ley de Seguro Social or "LSS") establishes the Mexican Institute of Social Security ("IMSS"). Under the LSS, IMSS is responsible for ensuring the existence of preventive programs aimed at reducing injuries in the workplace, as well as the provision of appropriate medical attention and disability benefits to workers who are injured or become ill on the job. Petitioners allege that the IMSS failed to enforce the LSS at Auto Trim and Custom Trim/Breed Mexicana.

Article 4 of the Mexican Constitution provides for the basic right to the protection of health of the individual. Mexico's General Health Law (Ley General de Salud or "LGS") provides specific rules to enforce this constitutional right, and encompasses the right to protection of health at the workplace. Norms which implement the LGS, known as the NOMs-SSA, further delineate obligations under the LGS. The Secretaría de Salud ("SSA") is charged with overseeing compliance with the LGS and its NOMs. Petitioners allege that the SSA failed to enforce the LGS and the NOMS-SSA at Auto Trim and Custom Trim/Breed Mexicana.

D. Application of International Agreements

Article 133 of the Mexican Constitution provides that international treaties to which Mexico is a party constitute binding law throughout the country.⁽³⁾ Mexico is a party to numerous international treaties and declarations covering matters related to occupational health and safety. Petitioners allege that the Mexican government's failure to enforce its occupational health and safety laws violates its obligations under these accords.

ILO Convention 155,⁽⁴⁾ entitled "Convention Concerning Occupational Safety and Health and the Working Environment," requires member countries to take the necessary steps to implement the Convention, including the establishment of adequate and appropriate systems for workplace inspections and penalties. The Convention mandates that member countries implement measures to ensure that employers observe practices to make workplaces as safe and without risk to health as possible, that adequate protective clothing and equipment are provided, and that workers are provided with training. ILO Convention 155 also provides that workers must be informed about the hazards of equipment and dangerous properties of chemical substances used in the workplace. See Articles 9(1),(2),12(a),12(b).

ILO Convention 161,⁽⁵⁾ entitled "Occupational Health Services Convention," provides that Member countries must establish occupational health services. Among other requirements, this convention specifies that workers shall be informed of health hazards involved in their work (Article 13); that Occupational Health Services be informed of "any known factors and any suspected factors in the working environment which may affect the workers' health" (Article 14); and "of occurrences of ill health amongst workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace" (Article 15).

ILO Convention 170,⁽⁶⁾ entitled "Chemicals Convention," governs production, handling, storage and transport of chemicals as well as the disposal and treatment of waste chemicals. See Article 2(c) (i-vii). It provides for classification systems, labeling and marking, and the dissemination of chemical safety data sheets to inform employees about the types of hazardous chemicals they are using. See Articles 6,7,8. Article 11 provides that "employers shall ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed." Article 12(a) provides that employers shall "ensure that workers are not exposed to chemicals to an extent which exceeds exposure limits" by inter alia, providing adequate hygiene measures, proper health and safety training, and proper protective gear and clothing at no cost to the employee. Article 13 provides that employers make an assessment of the risks from the use of chemicals at work and protect workers against such risks by using safer chemicals, choosing technology that eliminates or minimizes the risk, adopting adequate engineering control measures, implementing adequate occupational hygiene measures, and providing proper personal protective equipment.

The International Covenant on Economic, Social, and Cultural Rights (ICESCR)⁽⁷⁾ requires parties to take progressive measures to safeguard and improve the health and well-being of its residents without discrimination on the basis of any status. Article 7 provides that the state parties to the ICESR "recognize the right of everyone to the enjoyment of just and favorable conditions of work which ensure, in particular: . . . safe and healthy working conditions."

The Universal Declaration of Human Rights (UDHR)⁽⁸⁾ and the American Declaration on the Rights and Duties of Man (ADHR)⁽⁹⁾ provide that signatory governments agree to promote and respect the right to just and favorable conditions of work. UDHR article 23; ADHR article 14. UDHR article 25 also mandates signatories to promote and respect a "standard of living adequate for . . . health and well-being."

The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights ("Protocol of San Salvador")⁽¹⁰⁾ mandates parties to ensure that all persons have the right to work under satisfactory conditions particularly with respect to safety and hygiene. See Articles 6 and 7(e). Although this treaty has not yet entered into force, Article 18 of the Vienna Convention on the Law of Treaties imposes upon signatories to the treaty a good faith obligation to adhere to the treaty's objectives and purposes.

Mexico is also a party to the American Convention of Human Rights (ACHR)⁽¹¹⁾ which requires parties to promote and respect the right of all individuals to physical, mental, and moral integrity. ACHR art. 5 sec. 1. Petitioners believe that this obligation includes the right to physical, mental, and moral integrity of workers in the workplace.

Mexico is a signatory to the Constitutions of the World Health Organization (WHO)⁽¹²⁾ and the Pan American Health Organization (PAHO)⁽¹³⁾ which obligate member countries to promote the physical and mental well being of their citizens. These constitutions establish measures that countries must take to combat disease, lengthen life, and promote physical and mental health. Signatory countries are also required to promote the improvement of working conditions and other aspects of environmental hygiene. See, e.g., art. 1 of the PAHO Constitution and art. 2 of the WHO Constitution.

III. THE SUBMITTERS

This complaint is submitted by current and former employees of Auto Trim and Custom Trim/Breed Mexicana, Pastoral Juvenil Obrera (PJO); Caminos (Capacitación y Apoyo a Movimientos de Obreros en Solidaridad, AC.); FUTURO (Frente Unico de Trabajadores Unidos pro Reivindicación Obrera); the Coalition for Justice in the Maquiladoras (CJM); the Committee of International Human Rights Clinic Graduates; the University of Idaho College of Law Legal Aid Clinic; El Centro de Investigación Laboral y Asesoría Sindical, Asociación Civil (CILAS); Cetrac; Campo Obrero; International Union of United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); United Electrical, Radio and Machine Workers of America (UE); AFL-CIO; Columbia University School of Law Human Rights Clinic; The Cross Border Network for Justice and Solidarity; Movimiento Ciudadano por la Democracia; the Maquiladora Health & Safety Support Network; Global Exchange; Our Lady of Victory Missionary Sisters; Interfaith Center on Corporate Responsibility Global Corporate Accountability Program (ICCR); Casa de la Mujer - Grupo Factor X, A.C.; New York State Labor-Religion Coalition; Maquila Solidarity Network (MSN)(Canada); Northwest Coalition for Responsible Investment; Maryknoll Fathers and Brother; and Portfolio Advisory Board (PAB) - Adrian Dominican Sisters.

Current and Former Employees of Auto Trim and Custom Trim/Breed Mexicana. Appendix II contains the affidavits and testimony of current and former workers at Auto Trim and Custom Trim/Breed Mexicana. Affiants and interviewees are identified by letters of the alphabet and identifying information has been deleted to preserve their anonymity, because they fear retaliation, harassment, loss of jobs and intimidation to them or members of their families should their identities be publicized.

Pastoral Juvenil Obrera is a religious social and community organization in Mexico. Manuel Mondragón Gallegos is Pastoral Juvenil Obrera's coordinator in Matamoros, Tamaulipas. This organization facilitates support, education, and counseling for maquila workers so they can better advocate for fair and healthy working conditions and improve their lives and that of their communities.

Caminos, established in 1998, is a network of grassroots workers' organizations on the Mexican border whose function is to educate maquila workers by promoting and defending their labor rights.

FUTURO (Frente Unico de Trabajadores Unidos pro Reivindicación Obrera) is a grassroots organization of Custom Trim workers who have been struggling for the defense of their labor rights since May 1997.

The Coalition for Justice in the Maquiladoras (CJM) is a tri-national coalition of religious, environmental, labor, Latino, and women's organizations in Mexico, the United States, and Canada. CJM works to ensure that U.S. transnational corporations adopt socially responsible practices within the maquiladora industry, including safe work conditions inside the maquiladora plants, and a fair standard of living for maquila workers. CJM, headquartered in San Antonio, Texas, was established in 1989. Martha A. Ojeda is CJM's Executive Director.

The Committee of International Human Rights Clinic Graduates, based in San Antonio, Texas, is comprised of individuals previously enrolled in the St. Mary's University School of Law International Human Rights Clinic who researched and wrote this submission under the supervision of Monica Schurtman, the Clinic's former professor and supervising attorney. Alfonso Otero, Carlos López, and Marisol Pérez are contacts for purposes of this submission. The Committee gratefully acknowledges the participation of other former Human Rights Clinic Students in preparing the submission, including Carolyn Perkins, Sergio Aleman, and Griselda Villareal.

The University of Idaho College of Law Legal Aid Clinic provides assistance to indigent clients on a variety of legal issues, and trains law students to become effective advocates through supervised work on actual cases and projects. Associate Professor of Law Monica Schurtman, a supervising attorney in the Clinic, conducted fieldwork and legal research for this Submission, and supervises law students on ongoing work related to the case. Maureen E. Laflin is director of Legal Aid Clinic.

El Centro de Investigación Laboral y Asesoría Sindical, Asocíación (CILAS), based in Mexico City, is an independent non-profit organization dedicated to strengthening workers and their unions through research, analysis, training, public education, and other types of support. CILAS collaborates with workers and their organizations, as well as teachers, sociologists, doctors, economists, and attorneys, to address worker concerns regarding economics, workplace conditions, and the right to organize. Héctor de la Cueva is the General Coordinator of CILAS.

Centro de Trabajadores y Comunidades (CETRAC) is an organization representing workers who came together for education, support and justice in the maquiladora industries of Nuevo Laredo, Tamaulipas after the harassment and dismissal of workers who sought improvement of health and safety workplace conditions of specific companies, such as Industrias Metálicas. Guadalupe Carrillo G. is an organizer with CETRAC.

Campo Obrero, located in Juarez, Mexico, provides legal assistance to workers who have been fired, suffered work-related discrimination, injuries, and violations of their human dignity. Norma Guillermina Solís Torres is a coordinator for Campo Obrero.

The International Union of United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) represents 1.3 million workers in the automobile, aerospace, agricultural, University, hospital, library, clerical, and state sectors. Lida Orta Anes, Ph.D., Ergonomist, is the contact person for this Submission.

The United Electrical, Radio and Machine Workers of America (UE) is a labor organization representing approximately 35,000 workers in diverse industries and occupations across 26 states. Its membership ranges from factory workers in the metalworking, plastics and various other manufacturing industries, to employees in the public sector, in educational institutions and healthcare facilities. UE has been on the forefront of the effort to establish meaningful relationships between U.S. and Mexican workers through its "Strategic Organizing Alliance" with Mexico's Frente Auténtico del Trabajo (FAT), and has vigorously supported the demands of Mexican workers for full effectuation of the rights of freedom of association and protection of health and safety which are contained in Mexican law as well as in ILO conventions to which Mexico is a signatory. Robin Alexander is the contact person for purposes of this NAO Submission.

AFL-CIO is a union that seeks to bring social and economic justice to the nation's workers by enabling working people to have a voice on the job, in government, in a changing global economy and in their communities. Tim Beaty is the authorized agent for the AFL-CIO for purposes of this NAO Submission.

The Columbia University School of Law Human Rights Clinic in New York began in January 1999 as part of Columbia University's Human Rights Institute. The Columbia Law School Human Rights Institute establishes and coordinates education, training, and scholarship in human rights. Exploring ways to enforce human rights in the post Cold War context, students in the Human Rights Clinic work on advocacy projects in two areas: business and human rights, and war crimes. Professor Catherine Powell directs the Human Rights Clinic. Arturo Carrillo is a Clinic fellow. Clinic students Angie Armer, Julia Zajkowski, Larisa Garriga, and Samrat Ganguly provided research support for this Submission.

The Cross Border Network for Justice and Solidarity is a non-profit organization of labor, religious, human rights, and environmental groups and activists who seek to educate and build alliances between workers and communities in the Kansas City, Missouri area and the Mexican border on issues of health, safety and environmental violations and hazardous conditions. Judy Ancel is the contact for this Submission.

Moviemiento Ciudadano por la Democracia, based in Mexico City, promotes civil society through workshops, dialogue, conferences, and educational materials. Saúl Olmos is an organizer for Movimiento Ciudadano por la Democracia.

The Maquiladora Health & Safety Support Network is a volunteer network of 400 occupational health and safety professionals in Canada, Mexico, and the United States who provide information, technical assistance, and training to community-based organizations of maquiladora workers on the U.S.-Mexico border. Garrett Brown is the contact person for this Submission.

Global Exchange is a human rights group based in San Francisco that examines the conduct of U.S. multi-nationals abroad, particularly in the are of occupational health and safety. The group has focused on the shoe, clothing, toy, and light manufacturing sectors. Dan La Botz is a coordinator for Global Exchange and Medea Benjamin is the founding director.

Our Lady of Victory Missionary Sisters is a religious congregation of Catholic women who support workers in the maquiladora industry who seek enforcement of Mexico's occupational health and safety laws. Sister Mary Ellen Descourouez, is a member of this congregation and contact for this NAO Submission.

Interfaith Center on Corporate Responsibility Global Corporate Accountability Program (ICCR) has 275 religious institutional investors as members. ICCR members have pressed U.S. corporations operating in the maquiladora sector of Mexico to implement high standards on worker health and safety, basic worker rights, and the right to a living, dignified wage. Reverend David M. Shilling is the contact for this Submission.

Casa de la Mujer - Grupo Factor X, A.C. based in Tijuana, Baja California, is an organization of women that promotes and defends the human rights of maquiladora workers. Of particular concern to Casa de la Mujer is the ongoing violations of the rights of workers to safe and healthy work conditions. Carmen Valadez Pérez is Casa's contact person for this Submission.

The New York State Labor-Religion Coaliation has been active in promoting justice for working people since 1980. In 1997, the Coalition inaugurated it international project to build solidarity across borders. The coalition has partnered with the workers of Custom Trim/Breed Mexicana and Auto Trim since that time, and supports their struggle for safety, justice, and a living wage. Maureen Casey is the Labor-Religion Coalition's International Project Coordinator.

The Maquila Solidarity Network (MSN) (Canada) researches working conditions, including health and safety and wages of maquiladora workers in Mexico, for dissemination to civil society and government in Canada. Lynda Yanz is MSN's Policy Analyst. Bob Jeffcott, MSN's Policy Analyst is the contact person for this Submission.

The Northwest Coalition for Responsible Investment is a regional collaborative venture of faith-based institutions committed to using their power as investors to shape a more just world. Judy Byron, OP, is the contact person for this Submission.

The Maryknoll Fathers and Brothers work in 37 countries on issues of health and safety in the process of preaching the gospel. Maryknoll is deeply concerned about the effects of poor working conditions on people's daily lives. In the basic Christian communities in which Maryknoll works, Maryknoll assists people to develop methods for seeking justice in their workplaces, neighborhoods, and lives. Reverend Joseph P. LaMar, Office of Corporate Social Responsibility, is the contact person for this Submission.

The Portfolio Advisory Board (PAB) - Adrian Dominican Sisters endeavors to monitor its investment portfolio according to its established socially responsible investing criteria. These criteria include the promotion and protection of human dignity and human rights in the workplace through fair labor practices in domestic and international operations. PAB also works to provide investments and loans to community-based enterprises that demonstrate a commitment to social justice through alternative economic endeavors. PAB has visited plants on the Mexican-Texas border and observed deplorable working conditions there, and has advocated with corporations and corporate shareholders to improve those conditions. Sister Annette M. Sinagra, OP, is the contact person for this Submission.

IV. THE ENTITIES ABOUT WHICH THE PARTIES COMPLAIN

In Mexico, the STPS has primary responsibility for labor affairs, including workplace health and safety.⁽¹⁴⁾ The STPS works closely with the IMSS which administers Mexico's social security system, and is responsible for providing medical services and disability payments,⁽¹⁵⁾ as well as providing and promoting preventive programs aimed at reducing workplace injuries and illnesses. The Secretaría de Salud is responsible for ensuring compliance with Mexico's LGS, including laws which govern occupational health and safety.⁽¹⁶⁾ The STPS, IMSS, and SSA are the three Mexican governmental agencies against which the submitters of this petition complain. Specifically, petitioners allege that the STPS, IMSS, and SSA have engaged in a pattern and practice of failing to enforce Mexican laws governing workplace health and safety, specifically with regard to Auto Trim and Custom Trim/Breed Mexicana. Petitioners also believe that the failure by STPS, IMSS, and SSA to enforce the law at Auto Trim and Custom Trim/Breed Mexicana is illustrative of their failure to enforce the law at other maquilas along the Mexico/U.S. border.⁽¹⁷⁾