Environmental Justice in Maquiladoras
1.0 Back ground
The border between Mexico and United States has been exposed to unhealthy conditions for the last 30 years. It covers 2,000 miles area and it has become a breeding site for infectious diseases according to American Medical Association (Brown, 2000). There are more than 3,000 production plants known as the maquiladoras which are located along the Mexican border which definitely are the cause of these misfortunes to the border (Blackman, 2004). Most of the factories are owned by Americans and their work is to assemble export products to U.S. markets. In 1965, a Mexican maquiladora program was established which formed a free trade agreement for manufacturing materials to be brought in to the country by the foreign countries. The main objective of the agreement was to offer cities on the northern Mexico with good job market and give cheap labor to the foreign manufactures. Although the residents along the Mexican border are offered great number of job opportunities by the maquiladoras, It is very unfortunate that it is at the expense of job insecurity, low wages, poor working environment with increased exposure to toxic wastes. In 1993, Canadian, U.S., and Mexican governments established NAFTA (North American Free Trade Agreement). This agreement was to assist in the elimination of problems facing the border which are as result of the ongoing free trade zone. The agreement was also important for it was meant to assist in improvement of the working environment, implementation of environmental laws and reduce the high population of maquiladoras along the Mexican border. Two years down the line, NAFTA had not achieved its intended missions. On the contrary, there was a 20 increase in the maquiladora work force. The high concentration of the maquiladoras along the border did not decrease. The agreement failed further since improper disposal of toxic wastes from the foreign owned plants increased. Initially, the maquiladora program required that all waste materials be returned back to the country of origin but NAFTA gave them the opportunity to retain all the imported materials together with the waste materials in the country (Brown, 2000).
1.1 Problem
Below is a map of Mexico- U.S. Border (Blackman, 2004)
The problem is categorised into three sections, that is, working conditions, environment and effects of maquiladoras to U.S.
There are about 948,658 Mexicans that work in the factories. This population has to withstand the poor working conditions that consist of insufficient training and information, exposure to dangerous materials and lack of protective equipments. In a study conducted in Tijuana and Tecante in Mexico by Comite de Apoyo Fronterizo Obero Regional, it had workers from 77 maquiladoras describe their experiences. The results showed that one fifth of those interviewed believed to have had illnesses as a result of poor working conditions. Workers who had not acquired any hard copy form of information from their employers about the dangers of different equipments and materials used in the work place totalled to 53. 40 claimed not to have gotten sponserd training by their employers about the different safety measures. The maquiladoras represented in the study 40 had no safety commission which is a requirement by the Mexican law. These results indicated that the employers were ignorant of the safety of their workers which is very inhuman (Blackman, 2004).
Hazardous environment within the factories is a major threat to the workers. The border location is one of the most polluted sites in Mexico which is believed to be caused by the high concentration of maquiladoras, unimplemented Mexican environmental laws and inadequate proper waste storage and treatment facilities. Some of the factories are closed down due to environmental issues but those actions add no value to the environment since the factories continue to pollute the environment. For instance, there is a lead-smelting plant in Tijuana known as Metales y Derivados which was closed down back in 1994 for it had no proper disposal facilities for toxic materials but it is a surprise that even up to date the untreated waste still leaks through the containers which finds its way to the communitys water supply hence it is a great threat to the health status of the people. Moreover, air pollution along the border is increasing and the residents endure daily high air pollutant levels such as carbon monoxide. The factories effluents channelled to water bodies such as rivers is causing deterioration of water quality. For instance, Rio Grande River has become a dump site for toxic waste which is poisoning wildlife and people living along the river and it is also a risk factor to Hepatitis A.
The maquiladoras along the Mexican border are causing industrial damage on the United States border. The factories in the Mexican border cities generate air and water pollution which crosses the border into the United States. In some cities like San Diego, El Paso, and CA the air pollution has gone beyond the U.S. optimal air quality standards. Mexico and United States experience birth defects problem. The first study that indicated that maquiladora workers got babies with low birth weight compaired to women working in different industries was done in 1994. More surveys are being conducted such as the study of Brownsville by public health officers where there were incidences of anencephaly with babies born without some parts or all of their brains (Brown, 2000). These defects are believed to be caused by exposure to toxic chemicals emitted by the maquiladoras.
1.2 Demographics
The Mexican borderlands are inhabited by low income working households. The wages gained by the Mexican maquiladora workers is not enough to cater for their daily bread hence no coin is left for savings (Hall, 1998). The wages earned for equal work in the U.S. and Mexico is different. The lowest wage earned in Mexico is 3.40 per day while in U.S. is 5.75 per hour. The Mexican government has increased the minimum wage earned by 14 but the consumption price index has also increased up to 18.6. In Mexico, an average worker gets a total net pay of 55.77 per week and the average expenditure totals 54.00. The employers in the borderlands are really exploiting woman and child labor. Female maquiladoras workers are about 60 whereby most of them are less than 20 years old. It is noted that women and children are paid 30 less wages than males doing comparable work. In Mexico, young people at the age of 16 are allowed to work hence there are increased forged documents that allow young children of 12 years to get jobs in the maquiladoras (Blackman, 2004).
Purchasing Power Parity (Mexican-U.S. Wage Gap)
(United States. Bureau of Labor Statistics, 2005)
(Hanson, 1999)
1.3 Key contacts
There are several key contacts in Mexico that are concerned with environmental justice in maquiladoras. First we have Mexican Governmental Agencies that consist of IMSS (Social Security Institute), STPS (Secretary of Labor and Social Welfare) and SSA (Department of Health). These agencies are concerned with assistance to formulate and enforce laws regarding maquiladora labor force. However, the agencies have failed to respond to the various worker complaints. Secondly, the large foreign corporations are key contacts. Some of them which are found along the Mexican border are -Ford, Mattel, Honda, Sony, IBM, GM, Fischer Price, and Xerox. The corporations imports raw materials to Mexico whereby assembling is done in maquiladoras. These corporations usually benefit from the cheap labor from Mexican citizens and enjoy the unimplemented environmental laws.
The third key contact is the maquiladora safety and Health support Network which consists of more than 400 safety and occupational professionals from Canada, Mexico, and the United States (Brown, 2000). It is a volunteer network that was founded 1993 in a conference of the APHA (American Public Health Association) and offers information and assistance concerning the maquiladoras. EHC (Environmental Health Coalition) is a key contact which is an organization at the grassroots and is committed to prevent and offer proper disposal of toxic waste and contaminated sites. The organization has promoted the communities and workers rights to be informed about dangerous chemicals used in maquiladoras that have been facilitated by formation of environmental justice campaign along the border. NACEC (North American Commission for Environmental Cooperation) is another key contact that comprises of Canada, Mexico and United States. It has three sections the council which is formed by environmental officials from each country, Joint Public Advisory Committee formed by five appointed government officials from each country who give advice to the council and the Secretariat which is formed by professional staff who conduct surveys and work with peoples petitions. The last key contact is a non profit organization known as Comit Ciudadano Pro Restauraci n del ca n del Padre. It is formed by more than 25,000 families in Mexican who range between lower to middle class and led by its president, Maurilio Pachuca Sanchez. It aims at organizing communities in order to promote workers rights and offer more knowledge hence the communities can participate in political processes. Currently, the organization is focussing on providing seminars on health risks and issues of maquiladora workers. It is also concerned with clean up of one of the abandoned lead smelter factory known as Metales y Derivado (Blackman, 2000).
1.4 Stakeholders
Different stakeholders in Mexico have impacted on the environmental justice through public policy decision making which rely on a wide range of peoples and organizations inputs and ideas which are contributed by government agencies, maquiladora owners, human rights commissions and environmental organizations, leaders of trade unions and investors (Brown, 2000). The maquiladora workers are the grassroots activists who are concerned with the implementation of the environmental laws by the government. In order to achieve their missions, they are empowered through organizing groups and access to education. The Mexican government participates through regulation and enforcement of the environmental laws though it has greatly failed in the implementation whereby the maquiladora does not comply with environmental laws and nothing is done about it.
1.5 Strategies
Several strategies must be put in place which will ensure that environmental justice is achieved. These strategies include
Organization of groups and communities. The maquiladoras is affecting such a large number of people in the border towns , thus, a way of organizing groups into a stronger force that can establish a more effective campaign should be sought. One of the groups was founded in year 1980 known as Comit Ciudadano Pro Restauraci n del Padre which has successfully grouped 23 communities together in the fight against the maquiladoras (Brown, 2000). The organization has assisted the closure of two plants which did not adhere to the environmental laws through organization of community outreach. The plants were large lead smelters known as Alco Pacifico and Metales y Derivados.
The second strategy is filing petitions. Mexican citizens can file a petition against the offending party through the NACEC which is a better way for the citizens to speak out against environmental pollution. In the year 1998, such a petition was filed that was regarding the disposal of the 5,400 tons of toxic materials which was remaining after the closure of Metales y Derivados in 1994 (Sutter, 1998). That petition is currently been analysed by the NACEC. This strategy has limitations whereby the process is long and very complex which needs several considerations of the submission by the secretariat and the offending cooperation to have a chance to give comments on the situation hence it needs unlimited period of time for it to be accomplished. The system has got another issue of not giving an opportunity to the filling individuals to question the offending partys stand on the matter or allow them to participate directly in the process. It is very unfortunate that even if the offending party is proved guilty, there is no environmental law that will force the party to adhere to environmental standards. These makes the citizens to hope that one day in time, a better government will be there to impose justice. Nevertheless, the petition process remains to be an effective method which brings a problem to attention.
The third strategy is to file a complaint with the Mexican government agencies though it is least effective in the struggle for workers rights. Two years are now over after workers in Valle Harmoso and Matamorows in Mexico tried to get the Mexican STPS (Secretary of Labor and Social Welfare) to authorize the inspection of the factories. They are complaining about exposure to toxic chemicals, failure to be trained on the environmental and work related health issues, and failure of the factories to adhere to the environmental laws.
Another strategy is to support and help maquiladora workers. An organization known as La Casa de la Mujer-Grupo Factor X is committed to offer information to the maquiladora workers and more so cares for women. Lastly, there is establishment of Fair Trade Stores as an effective strategy. The residents should avoid purchasing products manufactured by maquiladora owning factories. There are so many fair trade stores available in Mexico which assures equal opportunities, reduced child labor, and gender equality.
1.6 Solutions
The problems caused by maquiladoras to the residents living on the both side of the border are so many and very complicated, thus, there is no single concrete solution which can be formulated. The factors that contribute to problems associated with environmental justice are so many and include - policy issues, compliance issues, legal issues, advanced technology issues, financial issues and socio-cultural issues among others. The solution to these issues is formulation and proper implementation of environmental laws.
1.7 Recommendations
My recommendations focus on the suggestions and opinions given by groups and people that participate on the border campaign. First, there are four recommendations given by EHC through BEJC (Border Environmental Justice Campaign) which assist in the improvement of the border situation. The right to have information whereby workers should be informed on the dangers they are exposed to in the workplace. Amendments of NAFTA regulations which protect the environment and maquiladora workers whereby nowadays are weak and less implemented. The amendments of the agreement will ensure improved safety and health of the workers. It is recommended that the workers should have the right to be directly involved in the management of the factories, though it will be a disadvantage to the involved workers whereby they cannot speak out against the poor working conditions for fear of being sacked and may be blacklisted from other companies. BEJC advises the industries and government to allow public participation in decision making on issues affecting everyone. The last recommendation made by EHC is that of proper Toxic waste disposal whereby all the toxic materials abandoned on the closed factories such as Metales y Derivados should be cleaned up (Brown, 2000). The challenge to the implementation of the recommended actions is that, the Mexican environmental laws are not taken serious hence the Government should first address its weaknesses on the reinforcement of the laws.
PFEA (Proyecto Fronterizo de Educacion Ambiential) is a non profit making organization based in, Mexico and is concerned with border environmental issues. The organization recommends that trainings and educational opportunities for workers is important in solving the border problem. The organization has been in the front line in helping in the amendments of environmental policy. The recommendations will be significant in the improvement of the working conditions and empowerment of the workers but for real action to be taken the company management should be involved. Therefore the organization should not sideline the inputs of the concerned companies in the initial stages. However, the companies are very ignorant of the welfare of its workers due to the neglected environmental laws.
Other recommendations are made by Lori Salda, the former chairperson of the City of San Diegos Wetlands Advisory Board. She emphasizes on the seriousness of enforcement of Mexican environmental laws and also encourages the maquiladora owners to make investments on northern Mexico and form funding programs to better the conditions along the border.
International law is recommended whereby it will regulate the multinational corporations labor practices which will force them to meet their international and domestic obligations hence improve the working conditions. It will also meet the Mexican governments and Mexican workers goals by sustaining high human rights standards which will not compromise foreign investment and economic development (Robert, 2000). The Mexican government should therefore understand that, not only international law will solve the problem, but also the domestic environmental laws which are very significant in the protection of her citizens.
In summary, the stakeholders recommend for more applied study on health risks and critical environmental injustice issues in the border and integrate advanced knowledge into advocacy and conflict resolution tools. Mentorship programs should be implemented especially that addresses environmental and occupational health protection policies with practical experience, moral conviction and data be laid before the stakeholders such as government officials, company officials and worker representatives.
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