[PDF Version]

[DOCID:fr17jy97-105]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary

 
Bureau of International Labor Affairs; U.S. National 
Administrative Office; North American Agreement on Labor Cooperation; 
Notice of Determination Regarding Review of Submission #9701

AGENCY: Office of the Secretary, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. National Administrative Office (NAO) gives notice 
that on July 14, 1997, Submission #9701 was accepted for review. The 
submission was filed with the NAO on May 16, 1997, by Human Rights 
Watch (HRW), the International Labor Rights Fund (ILRF), and the 
National Association of Democratic Lawyers (ANAD) of Mexico and raises 
issues of discrimination against women workers and women job applicants 
in Mexico.
    Article 16(3) of the North American Agreement on Labor Cooperation 
(NAALC) provides for the review of labor law matters in Canada and 
Mexico by the NAO. The objectives of the review of the submission will 
be to gather information to assist the NAO to better understand and 
publicly report on the Government of Mexico's compliance with the 
obligations set forth in Articles 3 and 4 of the NAALC.

EFFECTIVE DATE: July 14, 1997.

FOR FURTHER INFORMATION CONTACT:
Irasema T. Garza, Secretary, U.S. National Administrative Office, 
Department of Labor, 200 Constitution Avenue, N.W., Room C-4327, 
Washington, D.C. 20210. Telephone: (202) 501-6653 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION: On May 16, 1997, HRW, the ILRF, and ANAD 
filed a submission with the NAO concerning allegations involving 
discrimination against women workers and women job applicants in 
Mexico's export processing (maquiladora) sector. The submission 
contains information that women are required to undergo pre and post 
employment pregnancy screening as a condition of employment and that 
pregnant women are denied employment or pressured into resigning from 
their jobs.
    The procedural guidelines for the NAO, published in the Federal 
Register on April 7, 1994, 59 FR 16660, specify that, in general, the 
Secretary of the NAO shall accept a submission for review if it raises 
issues relevant to labor law matters in Canada or Mexico and if a 
review would further the objectives of the NAALC. The guidelines permit 
the NAO to decline to review a submission if, inter alia, the 
submission is not sufficiently specific to determine the nature of the 
request and permit an appropriate review.
    Submission #9701 relates to labor law matters. A review would 
appear to further the objectives of the NAALC, as set out in Article 1, 
which includes improving working conditions and living standards in 
each Party's territory; promoting, to the maximum extent possible, the 
labor principles set out in Annex 1 of the NAALC, among them the 
elimination of employment discrimination on the basis of race, 
religion, age, sex or other grounds; and promoting compliance with, and 
effective enforcement by each Party, of its labor law.
    Accordingly, the submission has been accepted for review. The NAO's 
decision is not intended to indicate any determination as to the 
validity or accuracy of the Allegations contained in the submission.
    The objectives of the review will be to gather information to 
assist the NAO to better understand and publicly report on the 
Government of Mexico's compliance with the obligations agreed to under 
Articles 3 and 4 of the NAALC. The review will focus on compliance 
with, and effective enforcement of, labor laws that provide protection 
against employment discrimination. The review will also focus on the 
access to the appropriate tribunals or other government bodies by 
workers who believe they have been discriminated against. The review 
will be completed, and a public report issued, within 120 days, or 180 
days if circumstances require an extension of time, as set out in the 
procedural guidelines of the NAO.

    Signed at Washington, D.C. on July 14, 1997.
Irasema T. Garza,
Secretary, U.S. National Administrative Office.
[FR Doc. 97-18837 Filed 7-16-97; 8:45 am]
BILLING CODE 4510-28-M