Cas individuel (CAS) - Discussion : 2010, Publication : 99ème session CIT (2010)

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 - Mexique (Ratification: 1984)

A Government representative informed the Committee of the series of programmes that were being implemented by the Mexican Government with a view to ensuring good occupational safety and health conditions for all workers, which was one of its priorities. Referring to the information contained in the report submitted to the Committee of Experts in 2009, he wanted to clarify certain aspects of the statements made by the Committee of Experts in its observation. It was necessary to carry out a comprehensive tripartite diagnosis on safety and health conditions in the coal sector in order to be able to develop a new framework of regulations to protect workers in so dangerous a sector.

He recalled that Mexican Official Standard NOM-032-STPS-2008 concerning safety in underground coalmines had entered into force on March 2009, following a long process of discussion within tripartite committees. Some months before the standard in question had entered into force, the public authorities had publicized its content at all coalmines and a tripartite subcommittee had been established to assess and review its implementation. In addition, workers, employers and labour inspectors had been offered training courses both in Coahuila and in other departments with a view to ensuring its appropriate implementation. A guide on how to evaluate compliance with the Official Standard in practice had also been developed.

With regard to labour inspection measures to ensure appropriate observance of the standard in question, an operation had been launched to inspect all underground coalmines. He emphasized that every inspection visit lasted five days, inspectors followed a specific inspection protocol and the inspections were followed up. The objective of the inspections was to bring about concrete changes and ensure that employers rectified any deficiencies that had been identified, rather than just being punitive in character. In the course of 2009, the inspections had covered 4,627 workers in the coal sector. They had resulted in orders to carry out 1,711 technical measures, of which 313 had been implemented immediately and voluntarily by the employers. A number of worksites had been shut down for refusing to implement the measures required by the inspectors.

With regard to the possible discrepancy in the amount of compensation payable following the Pasta de Conchos mine accident, he indicated that the sum of 750,000 pesos (MXN) per family had been paid in compensation by the company, in addition to the payment of a further MXN80,000, and triple wage rates for each worker’s family over a period of 14 months. Of the 65 families eligible for compensation, only 63 had accepted it. The Government considered that the total sums paid were higher than the compensation required by law. Further compensation could also be paid when current legal procedures had been completed.

Although the national labour policy had been planned as far as this year, it allowed for flexible strategies to allow action in response to situations as they developed. It would, if necessary, be reviewed in due course.

The Employer members said that it was not the first time that the application of Convention No. 155 by Mexico had been discussed. However, it was the first time it was discussed in the context of preventing occupational risks in the mining sector. The case in question concerned a tragic accident at the Pasta de Conchos mine four years ago in which 65 miners had died. The Employer members expressed their sincere and profound sorrow at what had happened and expressed their solidarity with the families of the miners who had lost their lives. This case had already been examined by the Governing Body following a representation submitted by a number of trade union organizations in Mexico. The Governing Body had adopted in March 2009 the conclusions of the tripartite committee set up for that purpose. They emphasized the need for the ILO supervisory mechanisms to be complementary. The discussion by the Governing Body’s tripartite committee had led to a number of important recommendations with regard to many questions relating to the situation in coalmines. The Governing Body entrusted the Committee of Experts with following up on the questions raised in the report and closed the representation procedure.

As a result of the accident, the Government had embarked on a programme of reform with a view to monitoring the application in practice of laws and regulations in a number of mining industry enterprises in the state of Coahuila. One of the most important recommendations made by the Governing Body had been the finalization and adoption of a new regulatory framework for the prevention of occupational risks in the sector, which had led to the Official Standard referred to earlier, and another concerned the need to provide an appropriate and adequate system for labour inspection. The dialogue with the Committee of Experts had been important. One of the most important points was the adoption of the Official Standard in question which was very detailed and had enjoyed a high level of consensus. In relation to this question, the Committee of Experts had shown its satisfaction, and there was clear evidence of progress being made, which should be emphasized. Nevertheless, it was important to ensure full compliance with the Convention by continuing with the regular review of the safety and health situation with particular focus on hazardous activities. The Government had implemented an ambitious programme of action which included measures of value in that area. The Employer members supported the request for additional information made by the Committee of Experts and would allow constant monitoring of the situation.

With regard to the effective application of the new regulatory framework, the Employer members considered the request of the Committee of Experts for additional information to be pertinent. The regulatory framework needed to reinforce the effectiveness of prevention systems, and it was important to know how it was applied in practice. With regard to inspection activities, the Committee of Experts had asked the Government to continue providing information on the follow-up to the deficiencies reported in existing prevention systems, statistical data, as well as information on the new legal framework for improved monitoring following the adoption of the new Official Standard and the real impact of the measures referred to. It was important to enhance dialogue in order to ensure adequate follow-up to the recommendations of the Governing Body.

Lastly, with regard to compensation to the victims, advance payments had been made without prejudice to any ongoing judicial proceedings. While it was important to ensure that compensation was adequate, the changes made in the criteria for assessing compensation levels were a matter that did not come under the terms of the Convention, and there was insufficient information to allow an adequate assessment to be made. The follow-up to the recommendations of the Governing Body should not include a detailed examination of compensation criteria. In any case it was therefore important for the Government to continue providing information on the matters still pending. The Employer Members concluded by emphasizing that significant progress had been made, and that it was essential to maintain and enhance dialogue by supplying detailed information on the questions still pending.

The Worker members recalled that this case concerned the consequences of a serious accident at the Pasta de Conchos mine in 2006 which had cost the lives of 65 miners. In March 2009, the Governing Body had approved a report pursuant to a representation alleging violations of a number of occupational safety and health Conventions. Even before the accident, the federal labour inspectorate had noted deficiencies in that area, but had not ensured that steps were taken to rectify them. The Governing Body had made recommendations and entrusted the follow-up to the Committee of Experts. It had recommended in particular the adoption of a number of measures in consultation with the social partners. The first of those measures was the drawing up and adoption of a new regulatory framework for occupational safety and health in the coal mining industry, in conformity with ILO standards. On that point, a new Official Standard had been adopted at the end of 2008, but workers had not been informed of it and it was not observed by employers. Furthermore, the sanctions which it provided in the event of non-compliance were inadequate. The second measure concerned the periodic review of the situation with regard to the safety and health of workers, with particular attention given to hazardous work activities such as coal mining. In that area, consultative commissions had been at work for some time.

The third series of measures concerned the effective monitoring of the application in practice of laws and regulations through an adequate and appropriate system of labour inspection. The Government had referred to the efforts it had been making in that area, and indicated that following these efforts, the rate of compliance with laws and regulations was 86 per cent. That rate should, however, be 100 per cent in a sector as hazardous as coal mining, but fatal accidents continued to happen in Mexican mines. Since the accident at the Pasta de Conchos mine in 2006, some 41 miners had lost their lives in the same region as a result of safety deficiencies. Official data were not reliable. Sixty per cent of miners were informal workers who enjoyed no social protection. They were not covered by official statistics and the authorities did not keep official records of their deaths. The Mexican Social Security Institute did not carry out inspections in mining areas to verify the status of miners, and the labour inspectorate did not conduct any investigations to identify illegal workplaces. In addition, there was no coordination between the mining, labour and regional government authorities. The problem of inadequate data was one encountered in many countries, as the General Survey on occupational safety health had shown, and the Worker members had recalled in that regard the measures advocated under the ILO plan of action to achieve widespread ratification and effective implementation of the occupational safety and health instruments.

Lastly, the Governing Body had invited the Government to ensure payment of adequate and effective compensation to the 65 families affected by the accident and to ensure that adequate sanctions would be imposed on those responsible. It appeared, however, that the compensation agreed was considerably lower than that initially proposed by the enterprise, and the method of calculation of the damages was not clear. Furthermore, since the families of informal workers enjoyed no social protection, they had no entitlement to social security benefits, including survivors’ benefits, and the families of workers in the formal economy received only low pensions because the official wages of the miners who died were lower than the wages they actually received. In conclusion, the Worker members considered that many clarifications were needed and many measures needed to be taken to follow up the Governing Body’s recommendations.

The Worker member of Mexico referred to the events that gave rise to the case and emphasized that occupational safety and health were fundamental rights. It was inadmissible that workers lost their lives in the place where they went to make a living. The Government needed to take all possible measures to prevent and protect against occupational accidents and illnesses, especially compliance with the obligation to inspect and monitor workplaces. As did other speakers, he recalled that the Committee of Experts had noted with satisfaction the adoption of Mexican Official Standard NOM-032-STPS-2008 on underground coalmine safety and that many meetings had been held within the National Advisory Committee on Occupational Safety and Hygiene (COCONASHT) in order to prevent risks in the coal mining industry. He supported the call made by the Committee of Experts to the Government to guarantee full compliance with the Convention and to continue the regular review and monitoring of the situation concerning occupational safety and health, paying special attention to dangerous labour activities, such as those in the coal mining industry. He also endorsed the request made by the Committee of Experts for the Government to continue providing information on the measures adopted, in consultation with the social partners, on the strategy to be followed to ensure that the labour inspection improved the monitoring of compliance with the recommendations it made when shortcomings were reported, especially in the coal mining industry, as well as providing statistical information showing the degree of compliance with the recommendations of the labour inspection service and the impact of the new Official Standard in improving the situation in the coal mining industry.

As for compensation, it was unclear how compensation would be set for affected families. He supported the request of the Committee of Experts for the Government to provide more information in that regard and to guarantee that all families received adequate and effective compensation in accordance with national legislation. Finally, he emphasized the great importance of the ILO’s adoption of the plan of action to achieve widespread ratification and effective implementation of the occupational safety and health instruments. He expressed the conviction that the promotion of a culture of prevention in the field of occupational safety and health was a basic aspect of improving the protection of those rights.

The Employer member of Mexico referred to a procedural matter. The ILO’s mandate, first and foremost, was to adopt standards and supervise their implementation, for which purpose it had various supervisory mechanisms at its disposal, governed by their own rules. A distinct supervisory mechanism existed for examining representations submitted under articles 24 and 25 of the Constitution. For its part, the Conference Committee was entrusted with examining individual cases concerning the application of Conventions, in accordance with article 23 of the Constitution and article 7 of the Standing Orders of the Conference. Both were tripartite bodies which adopted conclusions. In the cases of Mexico, a representation against the Government for alleged failure to comply with several Conventions, including Convention No. 155, had been presented and examined. As the Committee of Experts had indicated in its observation, the situation related to an accident at the Pasta de Conchos coalmine. The tripartite committee had considered, analysed and reached decisions on the representation, and its conclusions and recommendations had been submitted to, and adopted by, the Governing Body. It was therefore necessary to question the need to further review a case that had already been resolved by one of the ILO supervisory mechanisms which pursued the same goals as the Conference Committee with a similar structure. This was a matter of procedure and legal certainty.

The case of Mexico was one of those on which the Committee of Experts had expressed satisfaction at some of the measures that had been taken by the Government, fundamentally the adoption of Official Standard NOM-032-STPS-2008. Following the tragic events, existing acts and regulations on occupational safety and health, particularly in the coal-mining sector, were being reviewed through social dialogue. The new Standard contained exhaustive and numerous provisions on safety conditions and requirements for facilities and operations at underground coalmines in order to prevent risk to those who worked there. It applied throughout the country and in all locations where such work was carried out. The Committee of Experts had confined itself to requesting information, without making any observation on any failure on the part of the Government to implement the Convention, and considered this case as a case of progress. In conclusion, he urged the Government to continue providing information on legislative developments and compliance with the Convention.

An observer representing the International Trade Union Confederation (ITUC) indicated that one of the main problems encountered by workers was informality. Approximately 60 per cent of mine workers had a “verbal” contract, and thus lacked social security and did not appear in statistics. There were discrepancies in the information transmitted by different bodies. As a result, not many occupational accidents were officially reported, and the country was considered to be one of the best in terms of safety at the international level, even ahead of countries such as France. This was the result of hiding real information. In reality, each year 300,000 occupational accidents occurred in the country. The situation of mine workers when seeking compensation in the case of occupational accidents was difficult because the burden of proof rested on the victim of the accident or, where appropriate, on the widow of the mineworker. Workplaces which were not declared were not liable to inspection. The lack of labour inspection and its shortcomings resulted in impunity. Furthermore, he emphasized that Official Standardard NOM-032-SPTS-2008 was unknown at workplaces. It was therefore necessary to disseminate the Standard as widely as possible, to enable workers to rely thereon. Access to the reports of the labour inspectorate should not be confined to employers’ and workers’ organizations, but should be extended to any worker who so wished. In conclusion, he emphasized that this could help in achieving compliance with standards in that sector.

The Government member of the Bolivarian Republic of Venezuela, speaking on behalf of the Government members of the Committee, Member States of the Group of Latin American and Caribbean States (GRULAC), emphasized that the Committee of Experts had noted with satisfaction the adoption of the Official Standard NOM-032-STPS-2008, which demonstrated the Government’s commitment to bringing its national legislation into line with the Convention. He also drew attention to the meetings of the national advisory committees on occupation safety and health (COCONASHT), which strengthened understanding between governments and the social partners through social dialogue on issues such as the safety and health of workers. The observations of the Committee of Experts highlighted the role of the Government in applying the Convention and he expressed the hope that the conclusions adopted by the Conference Committee would reflect the discussions held, without ignoring the new information, figures and arguments presented by the Government. Lastly, he expressed the firm hope that the Committee of Experts would confine itself to the explicit mandate it had received from the Governing Body.

The Worker member of Brazil observed that the Committee of Experts had noted the adoption of Official Standard NOM-032-STPS-2008, while requesting the Government to provide information on the effect given in practice to the Standard in consultation with the social partners, in accordance with Articles 4 and 7 of the Convention. It had also requested information on the Government’s strategy for the implementation of an adequate and appropriate system of labour inspection and on the criteria applied for the payment of compensation as a result of the accident in the Pasta de Conchos mine. The accident, which had cost the lives of 65 workers, had been caused by the negligence of the employer, which was the largest mining enterprise in the country, as well as that of the Government. In its report on the representation alleging non-observance by Mexico of several occupational safety and health Conventions, the Governing Body had concluded that the Government had not been capable of ensuring the application of the legislation or of occupational safety, health and working environment requirements through an adequate and appropriate inspection system in accordance with Convention No. 155. Social dialogue and tripartism were necessary for the implementation of the instrument. She referred by way of example to her own country, where mines were subject to joint inspections by the Government authorities, as well as representatives of employers and workers. It was also important to adopt legislative provisions on the liability of the employer in the event of wilful negligence or fault resulting in an occupational accident. In addition, it was necessary to adopt measures to encourage employers to adopt preventive measures. As well as establishing machinery to ensure the application of Convention No. 155, following the adoption of the Official Standard referred to above, the Government should ratify the Safety and Health in Mines Convention, 1995 (No. 176).

The Worker member of South Africa emphasized that occupational health and safety was at the essence of decent work. The safety at work of Mexican workers was worrying, and he reaffirmed his solidarity with them. While the Government of Mexico had undertaken some review of the occupational health and safety regulations, workers continued to be subject to hazardous circumstances. Referring to the report of the Governing Body adopted at its session in March 2009 on a representation alleging non-compliance with several Conventions, including Convention No. 155, he said that the conditions which had resulted in the accident in the Pasta de Conchos mine in 2006 had not substantially changed. The Government had also disbursed some of the compensation without full and proper consultation with trade unions. He called upon the Government to undertake a fundamental overhaul of the collective bargaining system to include health and safety at work as a central feature. This required several steps, including bringing an end to employer appointed trade union leaders in mines and the creation of an effective bargaining system that recognized workers and their representative organizations as primary stakeholders with a view to overcoming attempts by the Government to unilaterally impose solutions. It was also necessary to build capacity with regard to the effective monitoring of health and safety standards in mines, with the possible introduction of health and safety stewards in all workplaces, and to improve the inspection of mines and other workplaces, with full transparency of inspection reports to all workers. Lastly, it was critical to develop legislation that criminalized the failure to observe all health and safety standards, imposed liability on companies for the loss of life, injury or harm following an occupational accident and imposed sufficient penalties to address the situation of impunity.

The Worker member of Norway expressed concern at the hazardous working conditions experienced by members of the National Union of Mine and Metal Workers of the Mexican Republic (SNTMMS). Although the main responsibility for regulating the working environment remained with the state authorities, private sector enterprises had an independent responsibility for working conditions in each of their workplaces. Employers had to respect and promote human rights including the creation of decent working conditions and the provision of a living wage to employees. Companies were expected to be familiar with national legislation and international labour standards relating to working conditions. The previous year, the President of the Norwegian Metal Workers had visited Mexico to assess the situation of workers in mining. The President of the union had concluded that investment in the mining company in question constituted a contribution to unethical acts or omissions, and had urged divestment. It was important that the Government of Mexico did all in its power to contribute to a solution of the hazardous working conditions in mines and to compensate the families of dead and injured workers.

The Worker member of Argentina said that the case originated in the tragic deaths of 65 workers at the Pasta de Conchos mine in February 2006. An explosion had occurred during the third shift and it had not been possible thus far to recover the workers’ bodies. The explosion had occurred as a result of failure by the employers to comply with any of the prevention and safety measures in place in the mine and of inadequate inspection by the labour authorities, a fact noted by the tripartite committee that had examined the representation on the case, of which he had been a member. He emphasized the need for a specific plan for hazardous activities in which the lives of workers were at risk. With regard to the Official Standard which the Government had announced was in force, he noted that, however perfect laws might be, they remained a dead letter if the obligations they imposed were disregarded.

The case showed that no personal or collective protective measures were used in the coalmine, and that no preventive measures were taken at the outset or at the various stages of the work. The Government of Mexico needed to provide information on what had been done by the supervisory authority or on a tripartite basis to safeguard the health and the lives of workers in coalmines, and whether there had been real progress. He considered it important that mechanisms be established to supervise the implementation of prevention and safety standards, ensure inspections in coalmines and their follow-up and streamlining administrative procedures with a view to the effective implementation of appropriate safety measures in coal mining, as well as sanctions where appropriate.

With regard to the matter of compensation, he said that payment had to be made swiftly to ensure fairness and prevent the families of the victims from falling into poverty and exclusion.

He added that he had information concerning smaller pits (“pocitos”) that were unregistered, had no mining licence and operated under totally informal conditions. He called for the existence of undeclared mines to be recognized, as they violated the fundamental rights of workers and exposed them to potentially mortal risks. He emphasized that the employers alone were responsible for ensuring appropriate safety conditions in the workplace, and governments were responsible for inspection, monitoring and follow-up to any violations reported. He recalled that in March 2010 the Governing Body approved a plan of action to achieve widespread ratification of Convention No. 155 and its 2002 Protocol, and of Convention No. 187, and that the plan would be extended from 2010 to 2016 and serve as a basic tool at the national and international levels.

He added that between February 2006, when the explosion had occurred at the Pasta de Conchos mine, and the present time, over 40 coalminers had lost their lives as a result of cave-ins or other events that could have been prevented in undeclared mines, which indicated that there were deficiencies in the inspection system. He noted that the workers were in solidarity with the victims’ families, and emphasized that occupational safety and health at work was a pillar of decent work and essential for any enterprise. He concluded that workers needed a strong State to monitor and punish unscrupulous employers who placed workers’ lives at risk in order to make money.

The Worker member of the United States noted that the facts of this case warranted the most serious and careful review by the Conference Committee. Two aspects of the report of the Committee of Experts merited special attention. First, the safety follow-up measures and policies mentioned in the Governing Body’s decision of March 2009, pursuant to articles 24 and 25 of the ILO Constitution; and second, the reference made by the Committee of Experts to consultation with the social partners for the effective implementation of such measures and policies.

With regard to the first issue, the Government’s own statistics revealed that even with the application of the highly advertised standard NOM-032-STPS-2008, the mortality rate for miners from occupational accidents and diseases in the entire Coahuila area had risen by 200 per cent in 2009. The Mexican Miners and Metalworkers’ Union (SNTMMSRM) (MinerosUnion) had petitioned the Federal Labour Department of the State of Sonora to conduct an emergency inspection of the safety and health conditions at the Cananea mine in 2007. In response, the Federal Labour Department of Sonora had inspected the site in April of that year and had ordered 72 measures be taken to reverse the lethal worksite situation, which had many resemblances to the conditions which had contributed to the tragedy at the Pasta de Conchos site one year earlier. In October 2007, independent organizations of occupational safety and health experts, including the Occupational Safety and Health Support Network and the Occupational Health Service, had found dangerous levels of toxins in the Cananea mine. But over the past three years, both the Secretariat of Labour and Social Welfare (STPS) and the company had effectively disregarded nearly all of these findings.

With regard to the second issue, the Government had attempted to repress one of the most important social partners in this endeavour, the Mineros Union. It had done so by withholding legal recognition of the union’s leadership, and by conducting a thorough campaign consisting of prosecution, arrest, harassment, defamation and the freezing of union assets, even though many of the criminal charges against the leaders had been continually overturned in the courts. When the Mineros Union had gone on strike in the company mines in Cananea, Taxco and Sombrerete in 2007 due to the failure of the Company and the STPS to reverse violations found by both the Federal Labour Department of Sonora and by independent experts, the company had asked the Labour Board to dismiss all of the strikers at Cananea based on the argument that the Company could no longer operate the mine profitably, even though it had publicly offered to rehire the workers if they renounced the union. A Court Order issued on 11 February 2007 had allowed the company to dismiss the strikers and effectively eliminate the right to strike over the safety and health violations. Tragically, the Government had made good on its earlier threat to dispatch the federal police to the Cananea mine to forcibly remove the strikers on Sunday night on 6 June. It was also noteworthy that since November 2008 the Government had failed to meet with the Organización Familia Pasta de Conchos, the most representative organization of the families of the victims. In conclusion, he considered that this evidence certainly did not reveal a Government living up to the Governing Body’s recommendation to engage authentically with the relevant social partners to implement the necessary safety and health measures and policies to further compliance with Convention No. 155.

The Employer member of Colombia recalled that he had been a member of the tripartite committee that had examined the representation regarding the case under discussion. He noted certain discrepancies between the report prepared by the tripartite committee and the comments of the Committee of Experts. He indicated that the wording of paragraph 99(f) of the report on the representation indicated “make this report publicly available and close the procedure”. He considered that the case had been closed and that there were no new facts, and that the Committee’s request for information on “other measures” was therefore irrelevant, as the Governing Body report did not explicitly request the Committee of Experts to follow-up the question of compensation since the Governing Body in its report did not specifically ask the Committee of Experts to follow-up regarding the issue of compensation.

The Government representative said that his Government had appeared before the Conference Committee in good faith, but could not let pass certain statements that were inadmissible. For example, it was unacceptable to claim that new Official Standard No. 032 on safety in underground coalmines had not been disseminated and was not applied. The Standard had been published, activities had been organized and brochures published for its dissemination and for compliance. He had in his possession documents demonstrating the dissemination of the Standard and offered to show them as proof of what he was saying. With regard to application and follow-up, he reaffirmed that many activities had been undertaken for the implementation of the Standard. A tripartite advisory commission was following the matter and organizing numerous activities, studies and thematic groups in relation to those activities. Informal worksites were also being identified, although he had not referred to them previously with a view to keeping to the subject of the Convention. With reference to inspection reports, he gave assurances that they were provided to trade unions and to the joint commission. He also referred to the many activities carried out by the labour inspectorate, which he had already described in his first intervention, and which had led to the identification of defects which had been followed up and remedied. He indicated that accidents also had cultural origins. A diploma on prevention in mines was being prepared and a special telephone number had been established through which workers could contact the labour inspectorate so that it could take immediate action in certain circumstances. Commissions had been established on a broad range of issues related to mining, such as ventilation, electricity, audits and risks.

Returning to the subject of informality, he indicated that this related to the informal nature of the worksite and the informal status of workers. In relation to worksites, the labour inspectorate was undertaking campaigns and, in relation to workers, the social insurance system was also taking action. However, these matters were beyond the scope of the present case and the Government had intended to refer solely to occupational safety and health.

The Employer members thanked the Government of Mexico for the information provided. It was clear that progress had been made, and the Government should continue to provide the Committee of Experts with information on the application of Standard NOM-032-STPS-2008 and on labour inspection activities. They also added that it was important to avoid overlap between two supervisory mechanisms

The Worker members recalled that the Governing Body had called on the Conference Committee to follow-up on its recommendations so as to reduce the risks of accidents such as the one that had occurred at Pasta de Conchos. The Government should therefore continue to provide detailed and updated information on: (i) any new developments in the periodical review of occupational safety and health in coalmines; (ii) the number and nature of the accidents that occurred in the mining sector; (iii) the implementation of the new Official Standard on safety in coalmines; (iv) the activities of the labour inspectorate; (v) the situation of the labour administration in relation to the Labour Administration Convention, 1978 (No. 150); (vi) the damages paid by the enterprise Industrial Minera Mexico and the State benefits for the families concerned; and (vii) the social benefits provided to the families of miners who were without protection. Moreover, to be completely satisfactory, the activities, programmes and plans of action should be developed with the participation of the social partners, who should also be involved in their follow-up. The Worker members hoped that the Committee of Experts would examine closely the Government’s next report and that the case would be followed by the Conference Committee.

The representative of the Secretary-General indicated in reply to the comments made by the Employer member of Colombia that the examination by the Committee of Experts of the follow-up to the recommendations of the tripartite committee concerning the issue of compensation to the families of the victims was based on the recommendations made in paragraph 93 of the Governing Body report in which the tripartite committee requested further information to be provided by the Government to the Committee of Experts on the modalities for determining the compensation provided to the 65 families of the deceased miners, expressing the hope that all the 65 families would receive adequate and effective compensation in accordance with national law. Moreover, in the overall conclusions to this representation which were found in paragraph 99 of the report, the tripartite committee entrusted the Committee of Experts with following up all the questions raised in the report.

Conclusions

The Committee noted the information provided by the Government representative and the discussion that followed. The Committee noted that the observation by the Committee of Experts essentially related to the application of the recommendations adopted by the Governing Body in March 2009 in the framework of the representation submitted under article 24 of the ILO Constitution concerning the accident that had occurred in the Pasta de Conchos mine in 2006. The Committee of Experts had noted with satisfaction the adoption on 23 December 2008 of Mexican Official Standard NOM-032-STPS-2008 concerning safety in underground coalmines (NOM 032) and requested the Government to provide information on its implementation, as well as on inspections carried out and on compensation paid to the survivors and the families of the victims.

The Committee took note of the information provided by the Government regarding the extensive tripartite consultations that had preceded the development of NOM 032 and the comprehensive efforts that had been made to promote the awareness and knowledge of NOM 032 since its adoption, including targeted training of workers and the development of a practical guide on its implementation in practice. It also noted the information on the current inspection methods to ensure compliance with NOM 032, including prescribed inspection protocols, the number of inspections undertaken in 2009, the measures prescribed, as well as the formal notifications of failures to comply. On the question of compensation offered and actually extended to the survivors and the families of the victims, the Government indicated that the package had several components as it included not only compensation paid by the mining company, but also those that would result from ongoing court proceedings. The Government also indicated that the total compensation provided would exceed what was required by law.

While noting this information and welcoming the adoption of the new NOM 032, which placed a strong emphasis on prevention, inter alia, by prescribing a systematic use of risk assessments, the Committee emphasized that it was crucially important that the Government pursue its efforts, in a consistent and comprehensive manner, to prevent accidents such as the one which occurred in the Pasta de Conchos mine in 2006. The Committee requested the Government to provide to the Committee of Experts, for its forthcoming session, detailed and updated information on follow-up measures taken by it to implement the recommendations adopted by the Governing Body concerning the article 24 representation, including on the number and nature of accidents in both the formal and informal mining sector; risk assessment methods used in the mining industry; the compensation actually paid and those still due to the survivors and the families of the victims including damages by the enterprise concerned in this case and the relevant State benefits; and any social benefits provided to the families of miners who were without social protection.

The Committee urged the Government to ensure that all relevant actions and measures taken in relation to this matter was done in close consultation with the social partners and requested the Committee of Experts to continue to monitor the developments and the progress made.