CAFTA LABOR TRACK TWO DEMARCHE: GUATEMALA

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 001727

SIPDIS

E.O. 12958: DECL: 07/01/2013
TAGS: ELAB ETRD CA PREL GT
SUBJECT: CAFTA LABOR TRACK TWO DEMARCHE: GUATEMALA

REF: A. STATE 186063


B. GUATEMALA 1313

Classified By: Labor Attache Erik Hall. Reason 1.5 (d).


1. (C) Summary: Embassy welcomes Department's proposal,
outlined in Ref A, to demarche Central American Ambassadors
in Washington to emphasize the need for progress on labor
rights protections in the context of CAFTA negotiations, and
appreciates the opportunity to provide input for the demarche
to the Guatemalan Ambassador. Such a demarche complements
the bilateral consultation process begun in the context of
review of GSP petitions and on the margins of the Guatemala
round of CAFTA in May. Given that bilateral consultations
are ongoing, Embassy recommends that the demarche reemphasize
the themes of putting an end to impunity for attacks on labor
leaders, streamlining of the labor justice system, and
effective enforcement of judicial reinstatement orders. End
Summary.


2. (SBU) The next meeting of the bilateral working group on
labor rights issues will be held on July 10. The Ambassador
will attend the meeting, convoked by the MFA at our request.
The GOG will be represented by the Labor Minister, Attorney
General, Special Prosecutor for Crimes Against Trade
Unionists, a Supreme Court magistrate, and other interested
GOG representatives. We requested the meeting to maintain
momentum and show sustained USG interest in progress on key
labor rights problems in the context of GSP review and CAFTA
track two efforts.


3. (SBU) The three issue areas we have consistently
emphasized, in coordination with the Department, have been:

-- Combating Impunity for Violence Against Trade Unionists:
by achieving progress in open investigations of violent
crimes against union leaders;

-- Streamlining the Labor Justice System: to strengthen
labor rights and rule of law by making labor justice more
swift; and

-- Enforcing Reinstatement Orders for Illegally-Fired
Workers: to add credibility to the labor justice system by
making judicial orders enforceable and providing relief to
workers in egregious cases of illegal firings for unionizing
activities.

Specific Cases
--------------


4. (SBU) Within the three thematic areas listed above, there
are some specific cases which could be cited to the
Guatemalan Ambassador. The investigation of the June 23,
2000 murder of Transport Union General Secretary Oswaldo
Monzon Lima is one such case, among six assassinations of
trade unionists since 1999, where evidence implicates
management for responsibility for the crime. On the issue of
labor justice, we have noted the GOG's recent procedural
reforms submitted to Congress, but emphasize the need to
redouble efforts to achieve further-reaching consensual
reforms in the National Subcommission on Labor Justice, which
involves active participation by the Ministry of Labor, the
judiciary, employers, unions, academics, and others.
Ironically, the Minister of Labor bypassed the Subcommission
when introducing his reform package to Congress (where it
remains pending),perhaps preferring that more visible step
to consensus building. The most egregious unresolved case of
unenforced labor court orders for reinstatement of illegally
fired employees is the case of the agricultural workers at
the Finca Maria Lourdes, in Quezaltenango province. There,
the courts have issued seven separate rulings, none of which
have been carried out, reinstating 55 workers illegally
fired in 1995 for attempting to organize a union. There are
many other similar cases.

Some Signs of Progress
--------------


5. (SBU) By convoking the ministerial working group, we hope
to build on the initial meeting on May 13, where some
positive steps were reported by the GOG (Ref B),including:
the naming of a new Special Prosecutor for Crimes Against
Trade Unionists, new labor rights reforms introduced to
Congress by the Portillo Administration, expansion of labor
court access to every Guatemalan province, and specific
updates from the Special Prosecutor's office and the
judiciary on the status of open investigations and labor
court cases, respectively. On July 10 we hope to learn of
additional efforts, and plan to emphasize the need for
continued sustained efforts on the part of the GOG to protect
fundamental labor rights.

Comment
--------------


6. (C) By focusing on thematic issues and problems, rather
than imposing specific benchmarks, we have allowed the GOG
leeway to establish priorities in addressing the different
areas where labor rights protections need to be strengthened.
The creation of an inter-governmental working group,
suggested by the GOG and modeled on bilateral efforts to
address counter-narcotics issues, has already borne fruit by
increasing communication between the diverse GOG institutions
which have roles to play in labor rights protection. One
downside to this approach has been the Labor Minister's
inclination to attempt to use USG interests to advance his
own agenda. We have seen this in the case of the Minister's
labor code reform package, which was submitted to Congress
without adequate consensus-building with civil society;
unions oppose key elements in this package. The Minister's
efforts, in tandem with the Minister of Economy, to threaten
the withdrawal of export privileges from the Choi
Shin/Cimatextiles plants has also been overplayed by the GOG,
threatening the loss of the only two unions that exist in the
for-export maquila sector. These cases illustrate the need
for sustained USG engagement with the GOG to improve
effective labor rights protections in Guatemala.
LINDWALL