The T-MEC Rapid Response Mechanism is a novelty in terms of trade and labor law

The participants of the Global Conference of the International Network of Lawyers (LIGHT) opened the discussion on how trade agreements are promoting workers’ rights and analyzed the case of the United States-Mexico-Canada agreement (T-MEC), highlighting as a “turning point” Chapter 23 where there is “an innovative Rapid Response Labor Mechanism” to address violations of workers’ rights.

In his participation in the framework of the Conference, Eric Gottwalda lawyer for the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), explained that the mechanism addresses violations of freedom of association and collective bargaining down to the company level.

“Anyone can bring a claim against a specific facility and there is an investigation and remedy that goes down to the company level in a way that commercial deals never have before,” he said.

The T-MEC, which replaces the North American Free Trade Agreement (NAFTA), is especially useful to promote the new reform of Mexican labor law that seeks to dismantle the endemic system of union protection contracts that does not benefit workers. said Gottwald and Paul Francolawyer of the Mexican Trade Union League.

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It should be noted that the Conference is attended by more than 130 labor lawyers from 42 countries. This is the second world conference of the International Network of Lawyers Aiding Workers (ILAW), where members set an ambitious agenda for advocacy, litigation and education.

Likewise, aspects related to forced labor were addressed, since since 2016, it has increased worldwide from 25 to 27 million peoplemostly in the private sector, as forced labor imposed by the state has decreased, said Franz Ebertfrom International Labor Organization (OIT).

“Forced labor is a structural phenomenon to exploit workers,” he said. Concentrated corporate power and ownership, outsourcing, governance gaps, and irresponsible sourcing practices are combined with poverty, discrimination, and limited worker rights protections, making it clear that forced labor is not happens randomly, but can be traced back to root causes.

Ebert reviewed efforts by Western countries to include forced labor prohibitions in treaties, including European Unionwhich proposes a trade ban on forced labor that would ban the sale of all goods made with forced labor: imported goods, goods for export and EU goods for internal consumption. Implementation would be the responsibility of Member State authorities.

In the United States, Ebert noted that enforcement of the US Forced Labor Clause is on the rise, with 43 forced labor enforcement actions between 1991 and 2018 and 32 between 2019 and 2021.