Chapter VIII. Decisions of National Tribunals

Mexico

Ministry of Foreign Affairs

COMMUNIQUÉ TO THE PRESIDENT OF THE SPECIAL FEDERAL CONCILIATION AND ARBITRATION BOARD NO. 141

Former employee of Mexican nationality dismissed by UNHCR filed employment claim with local labour board — Confirmation of immunity of UNHCR from jurisdiction of conciliation and arbitration boards.

On 31 March 1989, an employee of Mexican nationality who had been recruited as a typist by the UNHCR office in Mexico City filed an employment claim against that office before Special Federal Conciliation and Arbitration Board No. 14, on the grounds that he had been unjustly dismissed.

On 19 April 1989, UNHCR requested the Ministry of Foreign Affairs to intervene with the Board in order to confirm the immunity of UNHCR from jurisdiction.

On 11 December 1989, the Ministry of Foreign Affairs sent the following communiqué to the President of the Board, confirming the immunity of UNHCR from jurisdiction:

“Having carefully reviewed the agreements and, in particular, the precedents of international law, the Ministry of Foreign Affairs has not found any precedents whereby the national courts or tribunals of members of the international community, including Mexico, have exercised jurisdiction over the United Nations, its organs or specialized agencies.

“Moreover...