The Cowards Are Scared

On Thursday 2 May I wrote, in a public declaration: When it comes to justice, Mexico is a country of chiaroscuros. There are great and brave judges like Jesús Terríquez and Manuel Bárcena, and there are others like Núñez Sandoval who dishonour the legal profession and make spiteful, illegal judgements, as well as climbing through the ranks thanks to friends and favours but also by trampling the rights of those below them. This man, Luis Núñez Sandoval, puts the justice that he should be representing and administrating to shame, shielding himself, it is said, with protection that, he states, comes from an ex-senior legal civil servant.

This quote refers to the fact that while two judges, Jesús Terríquez y Manuel Bárcena, basing their decisions on the spirit and the letter of the respective law, had rightly authorised my protection against the latest false accusation aimed at me in the previously terminated and resolved matter of the mining trust. The other aforementioned judge, Núñez Sandoval, who took over from judge Bárcena, reversed his colleague’s decision, arguing that he is not Bárcena and does not have to think or act like him. This is evidently ridiculous because both acted in the same tribunal, Bárcena in one way, with the correct application of the law, and Núñez Sandoval in the opposite way, contradicting the law.

What the negative Núñez Sandoval said is truly pathetic because it is comparable to the president of the Republic annulling the previous president’s acts with one stroke of his pen and pointing out the fact that he doesn’t think like his predecessor. The institution is the same, with one or with the other, it doesn’t matter who leads it.

In reality, Núñez Sandoval was promoted before the Judiciary Council by one of the offices of the country’s biggest power brokers, at the service of Grupo México, made up of Fernando Gómez Mont, Julio Esponda and Alberto Zínser, as well as lawyers of much lower calibre but who are mercenaries equally lacking in ethical standards such as Agustín Acosta Azcón who uses fake company names such as Veta de Plata. These people also carry the genes of wickedness, perversity, and corruption inherited from their progenitors.

I mention this subject because as my pursuers are running out of possibilities to attack me through legal tribunals – thanks to the sound legal defence that has carried my case forward – so their false accusations get worse. They invent renewed arrest warrants that contradict the verdicts given on 11 occasions by the tribunals exonerating me as union leader, stating that I have acted within the law, honestly and transparently with regard to our organisation. These verdicts frustrate the morbid desires of the enemies of the miners’ union, and they bring forward the date of my return to Mexico. This is what motivates their fear and cowardice. They know that my return to Mexico, with the due guarantees of physical and legal security, means that their seven years of political persecution will have been reduced to nothing, it will have been a sterile effort, and that I will be able to act in favour of democracy and the freedom of association of my mining colleagues and the Mexican working class.

In this way Germán Feliciano Larrea and other businessmen in the mining sector desperately and feverishly use their frontmen or nominees, such as the aforementioned offices, to give the impression that I still have unresolved legal issues regarding the mining trust. They obsessively return time and again to the tired, false idea that up to 55 million dollars were supposedly siphoned out of said trust belonging to the mining union, when from the outset, in 1990, an insolvency judge stated – and Germán Larrea accepted this – that those funds belong to the national miners’ union, and that the union could use them according to its own decisions. Parallel audits showed that not a single cent has been diverted from those amounts, a proportion of which are now frozen by banks following the illegal and unjust ruling by the PAN government, but there they are and, with the union’s exclusive agreement, the rest of said funds have already been handed over to the miners whose right it was to receive a share.

These last few days have been plagued with gossip about my legal situation, and it is patently evident that, faced with my return to Mexico, there is fear or rather panic among the arrogant and immoral businessmen who have pursued me politically and legally with the complicity of the two previous PAN governments – bad experiences that must not be repeated under the current government of Enrique Peña Nieto. Above all there is total cowardice faced with the fact that they are being beaten in their plans to put an end to my leadership and to the national miners’ union, which shows itself to be stronger and more united than ever despite these seven hard years of conflict.

Many lawyers, judges, magistrates and even ministers of the Court have played a positive role in preventing abuses of power and corruption, as well as the legal blasphemy which would find the leaders of the miners’ union guilty.

That is why in the declaration mentioned at the beginning of this article, I noted that: The Federal Justice Council and the Supreme Court of Justice have gone to great lengths to achieve an excellent administration of justice. There still is much to do. One starting point is to thoroughly revise cases such as that of Núñez Sandoval, which do so much damage to the image of Judicial Power, so as to change, to correct and to get to the bottom of things. In this way we would honour all those many noble judges who do their jobs every day with true vocation, impartiality, respect for the law and honesty. This is how it should be.

The National Development Plan

The government is currently publicising its preparatory exercises that will feed into drawing up a National Development Plan (NDP) for the period 2013-2018. The first NDP was created in the 1970s and aimed to regulate economic and social activity, thereby enabling the country to manage and overcome the crises and problems that it was facing at the time, which stemmed from a change of model from the so-called Stabilising Development Model, and enabling it to deal with the changeable and dangerous conditions that it was experiencing.

Each new federal government has written an NDP at the beginning of its six-year term, and every time the work of putting it together began, important figures or groups in society were called on to give their opinions with respect to the proposed plan. With the resulting NDP, the government gave details of how it would proceed with each of the steps that it considered to be vitally important.

NDPs were also written during the two six-year terms of the National Action Party (PAN) from 2000 to 2012, with the difference that they did not publicise these plans as widely as previous Institutional Revolutionary Party (PRI) governments. Because they were hardly publicised, it is no great risk to say that the NDP almost disappeared from society.

The PAN governments minimised State intervention in the economy and left decisions about the future in the hands of free market forces, governing by way of gross improvisation. Today, however, we see that it was merely a way to flatter and bow to big investors and private companies, that is, to the free market.

The process of writing the NDP for 2013-2018 will not lead the country to a change of economic and social model which overturns the foundations of the appropriation of wealth and its brutal concentration in a few hands, nor a radically fairer distribution. Everything seems to indicate that it will be a framework of economic and social reordering that looks a lot like an attempted use of gatopardismo, or the ‘leopard’ principle, according to which everything must change so as to remain the same, with minor variations. The opinions of businesspeople have been canvassed for this NDP, but there are no records of similar efforts to canvas the opinions of popular sectors of society or the working class.

This is blatantly evident in the case of the unions, in that they continue to be treated with the same contempt as under the PAN when the political persecution of various unions was rife. This is in spite of what president Enrique Peña Nieto said on the 9 May during the last Citizen Consultation Forum for the development of the NDP, called Prosperous Mexico. Overarching economic policies must be reflected in the pockets of Mexicans and in the quality of life in the country’s homes. That is what we must work towards.

The questions to ask are: How can we improve the wellbeing of the population with a model that keeps wages low and even reduces them in real terms? How can we stimulate demand when purchasing power is constantly diminishing, with the negative effect this has on a depressed market? And all to favour the competitiveness of businesses, as if they needed any more help. In other words, this is a plan based on a mistaken model into which are built its contradictions, its brake and its self-destruction. In contrast, Brazil, China, Korea and India, among other nations, have followed a completely different strategy and have been able to reverse this trend towards crisis.

The president has the best intentions, but he does not grasp that the unions should have received an invitation, as emphatic as the one extended to businesses, to give their opinion on the country’s economic and social path in this six-year term. And some high-ranking civil servants have also expressed their lack of enthusiasm for that plan. Such is the case of the Minister for Labour and Social Welfare, Alfonso Navarrete Prida, who believes that we live in the best of all possible worlds. He stated on Friday 10 May in another round table for the NDP: ‘there is indisputable labour peace in this country, with only 23 strikes currently recorded.’ And he went on: ‘Mexico has had decades of labour peace; some conflicts date from Salinas’ presidential term, and do not involve more than a thousand workers, and that in plain and simple terms is labour peace.’ He added that ‘dialogue and balance between production factors will continue to be a major priority for this country’s government, a condition for the attraction of investors.’ Translated to the real world, this statement means lower wages, even lower than in China today, and greater exploitation so that the income may become increasingly concentrated.

The suggestion to Mr Navarrete Prida is that before getting excited about attracting capital, he should count and recount the workers who are on strike and not minimise the importance of the so-called existing strikes, or the conflicts in which tens of thousands of workers were simply fired or their unions attacked and pursued politically, such as the unions of electricians, airline pilots, those in the automotive industry, teachers, farmers and particularly the Miners’ Union, despite the fact that it is the third most important sector of the Mexican economy and the third largest flow of capital into the country.

So it seems that upon assuming the title of Minister for Labour he caught the anti-union virus from previous PAN governments, as shown in his refusal to dialogue, but Enrique Peña Nieto need not inherit this legacy as well. And a further suggestion is that in those cases of real conflict with workers, the civil servant must honour his statement that there is dialogue and balance between production factors, because although up to now we have seen a lot of privileges we have seen none of this dialogue or balance.

Mining Law: Inadequate Changes

In its plenary session on Thursday 25^th April, the Chamber of Representatives approved numerous fiscal changes which in theory will mean creating new and higher economic contributions from national and foreign mining companies. According to the propositions of the approved legislation, this will result in greater contributions from these companies to the Mexican government as well as to the states and municipalities where mining resources are exploited through the concessions that cover more than 26 percent of the country.

With 359 votes in favour, 77 against and 19 abstentions, representatives approved the initiative presented by two PRI (Institutional Revolutionary Party) representatives on 12 March, in which they proposed changes to the Mining and Tax Coordination Law that authorises the federal government to charge a special mining duty of 5 percent on mining companies’ net profits. The 77 votes against were from representatives from the National Action Party, which has always made a point of going against the fundamental needs of the country’s working classes, and although they argued issues of procedure, it is evident that they positioned themselves in extreme defence of the exorbitant profits of mining companies.

In line with this approved project of changes, the 5 percent of the mining companies’ net profits will be divided with 30 percent for the federal government, and the remaining 70 percent of this amount will go to states and municipalities where minerals are exploited and extracted. There is mining activity in 24 Mexican states, with the highest volume of extraction in Sonora, Zacatecas, Chihuahua, Coahuila, San Luis Potosí and Durango.

This approval will have to pass through the Senate for modification or ratification. By the time the deadline imposed by Legislative Authority passed last Tuesday 30 April, the legislative proceedings that would lead to full expedition of the changes had not been completed.

Whatever way we look at it, this is a minor step forward as regards the chaotic situation that thanks to Carlos Salinas de Gortari’s government prevailed in the privatisation of the mining and metalwork sector, and which has brought benefits only to companies and not to the State, mine workers or communities where extraction or industrial activity take place. The high profits that these companies obtain from exploiting the country’s minerals reached 2.148 billion dollars, according to data from the Ministry of Economy, which indicates the scale of national and foreign investments in Mexican mining.

The figures of this disproportionate situation are well-known. Mining companies pay no duties on the production of minerals, including gold, and they are charged only for the area of the land they exploit, which has been considered by various analysts as a despicable plundering of the nation. In general, companies pay between 5 and 11 Pesos for each hectare of land in their concessions, ridiculous prices when you think that over a quarter of the area of Mexico is given in concessions by the State, in other words, 50 million hectares, and this gives to terribly low results returns compared with what mining companies pay for the land they use in other countries.

If this initiative is approved by the Senate, they will now have to make contributions based on the generous income gained from production, or privileges, which despite their limitations, now represent a step forward compared to the previous situation. Since Salinas de Gortari’s presidency, Mexico has paid tiny quantities compared to other countries: up to 10 percent in Australia, up to 5 percent in Chile, up to 8 percent in Russia, up to 12 percent in the United States and up to 17.5 percent in Canada.

There must be greater steps forward in the future so as to bring mining companies into line with the country’s real interests. It is impossible for Mexico to go on subsidising mining companies in such an abusive way as has been seen up to now, with the companies gaining all the benefit of income from minerals extracted, pillaging the environment, leaving towns without water, stripping people of any chance of development in their communities and maintaining scandalous levels of poverty and want. And still they act with insensitivity and arrogance towards labour and human rights.

These modifications to the current Mining Law, however, do not include due respect for the integrity, security and health of the sector’s workers. If we want to bring about a profound change in the mining sector, these modifications must not exclude, among other things, the criminalisation of negligence on the part of businesspeople, whose lack of sensitivity and disrespect for workers bring about tragedies such as that at Pasta de Conchos in 2006, and many others previous to and following that event.

Since that time I have been calling for a law to be passed that would mean legal sanctions, even prison sentences, for businesspeople who commit industrial homicide like the one mentioned. It is essential that, as Senator Dolores Padierna said in what was a welcome call for this kind of legislation, there be exemplary punishments for the directors of companies who commit this crime of commission or omission, as it is also referred to. They must not be allowed to go on playing irresponsibly and inhumanly with the safety and lives of our workers.

Workers and Development

This week, from the 16^th to the 18^th April, in Vancouver, Canada, the National Policy Conference organised by United Steelworkers (USW) is taking place. On 52 occasions this exceptional meeting has brought people together to analyse and discuss important issues such as global strategic alliances, business and the economy, the challenges of corporate power, the comprehensive review of what we have learnt from the past and what the future will bring for a new generation of unionists and politicians.

A considerable number of leaders were invited make official speeches, including Leo W. Gerard, international president of USW; Ken Neumann and Steve Hunt, national directors for Canada and district 3 of USW respectively, and hosts of this meeting; Jyrki Raina, secretary general of the world’s biggest union, IndustriALL Global Union with 50 million members; Thomas Mulcair, leader of the New Democratic Party and leader of the opposition in Canada; myself as president and secretary general of the Mexican mining workers, metalworkers and steelworkers, and other political and union leaders from the United States, the United Kingdom, Australia, South Africa, Peru, and from across five continents.

The messages and opinions that we have heard have lead us to reflect deeply on the future of society, the working class, inequality and injustice, the risks implicit in social peace such as excessive ambition and greed, the lack of awareness of the impact on coming generations, ignorance, irresponsibility and unchecked exploitation. Of course it would have been impossible to leave specific issues of jobs, security, the environment, health, and working conditions out of the passionate discussions, and they were tackled with great intelligence. No room was left for doubt about how we can be better prepared to face up to the challenges of brutal capitalism, to improve labour harmony and tranquillity, as well as how to project a new and fresher image of the world union movement.

This conference will draw to a close today. It has been a real success for the almost one thousand delegates, and it will have to grow and expand and cast its message wide because these forums must provide the best solutions for reducing marginalisation and deprivation, and strategies that will allow faster progress in the construction of a better world in which there is more respect, justice and equality. These qualities generate greater stability, peace and progress for everyone, not just for a few.

In Mexico we will have to review and assimilate the conclusions that will allow us to change the direction of politics more profoundly and efficiently, and thus move towards a new stage of development, building on the foundation of our membership of the North American Free Trade Agreement (NAFTA) together with Canada and the United States. All of us, workers, government, businesspeople and society in general, must take note of the conclusions of this meeting, which are framed by demands for equality and fairness, because none of the three countries, although they have very different levels of development, can pretend to have resolved the deep social inequalities that exist within their borders. That is why we have proposed that the Free Trade Agreement to which we have signed up should become a real plan for cooperation and development between the three countries.

Only in this way will it be possible to turn the international cooperation that is implicit in the NAFTA, but which today remains incomplete, into a solid tool for the economic and social development of the three nations. We cannot and must not ignore the fact that the United States and Canada are facing difficult social challenges, despite a lopsided and biased message that in those counties there is no poverty or destitution, because there is. In the particular case of Mexico it is important to develop this new vision of international cooperation through which, while maintaining respect for the sovereignty of each nation, we will be able to channel the resources and efforts that are currently concentrated solely on commercial activity therefore do not press the buttons of real economic progress, namely equal opportunities and respect for the rights and interests of all sectors of each one of the countries involved.

The first step to take in this direction must be in the area of labour cooperation between the three countries, because here agreement on the issue between the signatory governments has been practically dead letter. Workers in Canada, the United States and Mexico, facilitated by miners, have contributed a wealth of ideas about how to turn the labour cooperation agreement into a genuine commitment to social development. This should, by all means, serve the interests of employers, but it must also have a substantial parallel focus on how to resolve issues of well-paid work, fair settlement of labour disputes and respect for the freedom and autonomy of union organisations. Such an initiative will eliminate the increasing employment instability and inhuman forms of exploitation that are proper to the brutal capitalism practiced in all our nations, but which is thrown into clearer relief in Mexico than in the other two.

Mexico’s new government has the opportunity to enter into this new vision of international development efforts. The two previous National Action Party governments were deaf and blind to the demands of genuine economic and social development in Mexico, and they completely turned their backs on the possibilities offered by international cooperation for development.