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