d
uring 2023, the former PRI member and now obedient Morenista governor of Nayarit, Miguel Ángel Navarro, imposed a counter-reform on workers in the service of the state and municipalities to place them – like Ernesto Zedillo in 1997 (IMSS) and Calderón in 2007 (Issste) – in the Afore capitalization scheme individual, demolishing the solidarity fund that protected them.
To do this, without taking into account the main people involved, with deaf ears, closed-mindedness, intransigence and the majority of Morena in the local Congress, he implemented a retirement savings fund law, setting up a state Afore, bypassing all the world’s evidence confirming its failure as model
to pay pensions, seriously deteriorating their future income with direct repercussions on their families and Nayarit society.
The Single Union of Workers at the Service of State Powers, Municipalities and Decentralized State Institutions of Nayarit (Sutsem) immediately expressed its disagreement, informing widely about the serious consequences of the obedient governor’s initiative.
The disastrous
Navarro law – the worst social security law in Mexico – was decreed on March 16, in response to which the Human Rights Defense Commission for the State of Nayarit and the National Human Rights Commission sought to invalidate it, promoting an action of unconstitutionality before the Supreme Court of Justice of the Nation (SCJN). The matter was heard on August 26.
The SCJN accepted the appeal of unconstitutionality. Minister Pérez Dayán presented a project that shows the incompetence of the local Congress to legislate on retirement savings systems and social security for private sector workers, even before considering foreseeable violations of the legislative process.
In turn, Minister Lenia Batres established that beyond the legitimization of the promoters, the fundamental thing would be to focus on the disability of the disastrous
law in its probable violation of the human rights of the workers involved.
According to Pérez Dayán’s argument, the local Congress is incompetent and invades the powers of the federal Congress when it proposes that Afore-Nayarit be administered by Afore-XXI-Banorte, since the challenged law and its savings fund not only operate as Afore, but also as a social security organization.
So, according to their argument, the incompetence of the local Congress must be declared because 1) the retirement savings systems (individual accounts in Afores) and the workers linked to them make up the financial system, so their scope of application is influence is federal. It is the power of the Congress of the Union to legislate on financial intermediation and services; 2) Consar’s powers regulate and supervise the operation of retirement savings systems and their participants, and when the local Congress legislates on them, it interferes in matters that do not concern it; 3) although local congresses are empowered to establish individual accounts for their state and municipal workers, this does not mean that they can regulate issues related to the Constitution, organization, functioning and operation of an Afore, which does the disastrous
Navarro law, the worst social security law in Mexico; 4) said law is invalid because it is the exclusive power of the Congress of the Union to legislate on social security for private sector workers (IMSS) and non-salaried workers.
Nine ministers voted against Pérez Dayán’s project and two in favor, so he proposed returning it among those who expressed against so that they could focus thoroughly on the examination of the competence or incompetence of the Nayarit Congress. The above, with the understanding that, as the ministers pointed out, It is clear that the analysis and study of competition must prevail over the rest of the project and, therefore, if incompetence is declared, the standard would no longer have to be analyzed.
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Since there is no precedent on the matter, it is relevant that the SCJN thoroughly study the issue, highlighting that the examination of the incompetence of the Nayarit Congress can define whether that incompetence covers the entire disastrous
Navarro law, as well as its incompetence in relation to private workers (IMSS).
Meanwhile, the unions and their workers are already timely informing Nayarit society about the logically failed fate of the worst social security law in Mexico.
* UAM-X
