Identifier
Created
Classification
Origin
03GUATEMALA673
2003-03-14 16:27:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Guatemala
Cable title:  

LABOR UPDATE #2-2003

Tags:  ELAB ECON PGOV PHUM GT 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 GUATEMALA 000673 

SIPDIS

SENSITIVE

DEPT FOR WHA/CEN AND WHA/PPC AND DRL/IL
USDOL FOR ILAB: ROBERT WHOLEY
USTR FOR A/USTR CLATANOFF

E.O. 12958: N/A
TAGS: ELAB ECON PGOV PHUM GT
SUBJECT: LABOR UPDATE #2-2003

REF: A. GUATEMALA 537

B. GUATEMALA 571

C. GUATEMALA 555

D. GUATEMALA 511

E. GUATEMALA 414

F. GUATEMALA 221

G. GUATEMALA 191

UNCLAS SECTION 01 OF 04 GUATEMALA 000673

SIPDIS

SENSITIVE

DEPT FOR WHA/CEN AND WHA/PPC AND DRL/IL
USDOL FOR ILAB: ROBERT WHOLEY
USTR FOR A/USTR CLATANOFF

E.O. 12958: N/A
TAGS: ELAB ECON PGOV PHUM GT
SUBJECT: LABOR UPDATE #2-2003

REF: A. GUATEMALA 537

B. GUATEMALA 571

C. GUATEMALA 555

D. GUATEMALA 511

E. GUATEMALA 414

F. GUATEMALA 221

G. GUATEMALA 191


1. (SBU) Summary: The following is an update of significant
recent developments in the labor sector. Topics include:

-- Teachers Back in School

-- Ambassador Raises GSP with GOG

-- Ambassador Flags Labor Rights in AmCham Speech

-- MOL Coordinating GOG Response to GSP

-- GOG CAFTA Team Meeting with Unions/Employers

-- GOG Announces Aid to Campesinos

-- Labor Snippets (Pepsi, Failing Banks, Employment)


Teachers Back in School, Brother of Teacher Union Murdered
-------------- --------------


2. (U) Teachers returned to class on March 12 after 51 days
of work stoppage (Ref A). An accord was reached on March 11
and signed on March 12 by the National Teachers Assembly
(ANM) with the GOG after 11 negotiating sessions mediated by
Archbishop Quezada Toruno. The accord includes the
following: a wage increase of Q150 ($19.23/month);
participation by teachers in 2004 education budget planning;
a commitment by the teachers to work an extra hour per day to
make up for time lost during the strike (which the labor and
appeals courts declared illegal); an increase of annual
working hours from 900 to 1000; 22,000 new scholarships for
students to defray costs; and creation of a joint committee
to discuss the issues of pay for February and disciplinary
sanctions against strikers.


3. (U) President of Congress Efrain Rios Montt publicly
declared that funds for the wage increase would come from the
existing education budget, and backed off an earlier pledge
by President Portillo and Rios Montt to apply the raise (then
at only Q100) to all public and private employees.
Meanwhile, teachers celebrated and students returned to
class. If implemented, the raise would cost the ministry
Q163 million ($21 million),and brings teachers salaries to a
new range, depending on experience, of Q2,032-4,446
($260-570)/month. As the strike wore on, President Portillo
had threatened to expand the National Program of

Self-Management for Educational Development (PRONADE),which
provides resources to communities which wish to organize and
participate in the management of a new local school, and
currently serves 3,648 schools (which operated during the
strike) and 310,000 students. Teachers in PRONADE schools
are contracted annually and do not receive benefits.


4. (SBU) In a meeting with the Ambassador on March 12,
Education Minister Mario Torres was upbeat about the accord
with the teachers, calling it a "win-win" situation. Torres
downplayed the seriousness of the strike action, saying
teachers are "prone to strike in the final year of an
administration," and that the GOG had successfully averted a
strike through negotiations in the previous years of the
Portillo Administration. Torres estimated that only 20,000
of the 80,000 public school teachers ever participated in the
demonstrations at any one time. (Comment: The timing of
this strike cost Torres the chance to run for Congress in
November. To do so, he was required by election law to
resign his executive branch position in January, six months
before the beginning of the campaign period. End Comment.)


5. (SBU) Torres said that the GOG is not willing to pay the
strikers for the lost month of February. The GOG is also
firm about firing 10,000 of the strikers. The minister said
that in response to the strike, the ministry will publicize
the fact that GOG spending on education goes well beyond the
education ministry budget figure (e.g. school-building under
the Social Funds Institute) and is equivalent to nearly 4% of
GDP. Teacher-training will continue but classes will be held
on Saturdays instead of during the school week. The joint
committee to discuss unresolved issues will meet daily and an
agreement will be signed only after all issues are
negotiated. Torres said that President Portillo will issue a
Governmental decree instituting a gradual decentralization
strategy to put school management (including hiring) in the
hands of parents. (The President did so on March 13.)


6. (U) The 51-day teachers strike reportedly cost the lives
of four teachers; three in traffic accidents during marches
or mobilizations, one of suicide. Carlos Fuentes, brother of
Moises Fuentes, one of the principal strike leaders, was
reportedly murdered by unknown assassins in Mazatenango
province sometime during the week of March 4. Fuentes told
press on March 8 that he was not sure whether his brother's
murder had any connection to his participation in the strike.
As of March 12, the case had not been transferred to the
Special Prosecutor for Crimes Against Unionists.
Ambassador Raises GSP with GOG
--------------


7. (SBU) On March 11, Ambassador Hamilton raised the need
for more vigorous investigation of unresolved crimes against
labor leaders with Attorney General de Leon and Minister of
Government Reyes Calderon. The Ambassador warned that
languishing investigations of violent crimes against labor
leaders will come under increasing scrutiny as a decision on
GSP petitions looms in mid-April. The GOG must start
focusing on specific cases and arresting and prosecuting
those responsible. The Ambassador cited the three most
recent murder cases (of Carlos Francisco Guzman Lanuza, on
November 27, 2002; Baudilio Cermeno Ramirez, on December 21,
2001; and Oswaldo Monzon Lima, in June 2000). Both ministers
promised to work together (the National Civil Police are
responsible for early stages of an investigation, and the
Special Prosecutor for Crimes Against Unionists for the
latter, including warrants for arrests) to make progress on
cases in the short run. De Leon said he would activate the
Public Ministry's Special Prosecutor's office to resolve
these cases.


8. (SBU) RefTels B-G report on the Ambassador's meetings
with President Portillo on February 25, with Labor Minister
Victor Moreira on March 3, the Attorney General on January 23
and February 28, and Economy Minister Ramirez on January 21.
In each meeting, the Ambassador raised USG concern over labor
rights and the need for the GOG to make additional efforts to
respond to GSP petition cases and concerns. The Ambassador
will discuss the petitions with AFL-CIO and International
Labor Rights Fund representatives on March 24.

Ambassador Cites Importance of Labor Rights in AmCham Speech
-------------- --------------


9. (U) The Ambassador used the occasion of a public speech
before the Guatemala-American Chamber of Commerce on the
challenges and opportunities facing Guatemala to highlight
the importance of labor rights in the context of negotiations
on a U.S.-Central Amercia Free Trade Agreement. Earlier
remarks to the press by the Ambassador after he met with
Labor Minister Moreira on March 3 were reported the next day
in prominent daily "Prensa Libre" under the headline "He
Brings Petition for Labor Improvements." Though the reporter
misquoted the Ambassador saying "Guatemala continues to
violate the right to association" (this conclusion should
have been ascribed to the GSP petitions). However, the
article accurately stated USG concerns about violence against
union leaders and labor rights and gave background
information about pending GSP petitions against Guatemala.

MOL Coordinating GOG Response to GSP
--------------


10. (U) In an interview televised on March 5, Labor Minister
Moreira stated that the USG is concerned about progress on
the cases included in GSP petitions. He said the Labor
Ministry is seeking the cooperation of the Public Ministry
and the judiciary to prepare an official response to the GSP
petitions by the end of April. (LabAtt subsequently urged
the ministry to complete its report sooner, in time for the
April 15 interagency review of GSP petitions.) An officer of
the Supreme Court later called LabAtt asking for Spanish text
of the GSP petitions, which the MOL later provided.

GOG CAFTA Team Meeting with Labor Sector
--------------


11. (SBU) On the trade front, GOG CAFTA negotiator Salomon
Cohen invited labor sector representatives (from unions and
employer organizations) to a discussion with negotiators on
March 12. This is the second such forum since CAFTA talks
began, and is sponsored by AID's regional trade capacity
program. Labor Vice Minister Antonio Monzon is currently
leading the GOG CAFTA team on labor issues, and attended the
session with Cohen. (Note: Luis Fernandez, lawyer for DYMEL
Corp., has resigned as GOG CAFTA negotiator for labor issues.
End Note.) Homero Fuentes, Guatemala's foremost (pro-union)
labor expert, told LabAtt that the session was hampered by
low union attendance and a preoccupation with particular
union interests. Fuentes said the Danish Aid Council and
Friedrich Ebert Foundation will attempt to bring the key
labor federations together to focus on the CAFTA negotiation
in coming months. A conference of Central American unions
(ORIT) will meet in Guatemala the week of March 24 to share
views on the CAFTA negotiations.


12. (SBU) CACIF Labor Commission Chief Carlos Arias
requested an urgent meeting of the Commission with EconCouns
and LabAtt on March 12 to discuss what he perceived as
Cohen's intention to "railroad through" an ill-considered
plan to establish duplicative forums among the GOG, labor and
employer representatives to discuss four labor themes as part
of the CAFTA labor talks: 1) child labor, 2) occupational
health and safety, 3) freedom of association, and 4)
discrimination. EconCouns said that Cohen had told him that
his efforts were part of an outreach strategy to labor, not
an attempt to put specific labor issues onto the CAFTA
negotiating table. LabAtt and EconCouns encouraged CACIF to
work with the GOG CAFTA negotiating team to address
perceptions of Guatemala's weakness protecting fundamental
labor rights. Any CAFTA agreement must include a binding
labor clause. The Chile agreement reportedly includes an
innovative mechanism to sanction labor rights violators.
LabAtt noted that Guatemala still has much work to do to
comply with its ILO commitments. Arias said CACIF would
support an agreement which binds each member country to
enforce its own labor laws and international conventions it
is party to, and would also support a mechanism to punish
violators rather than sanctioning sectors or countries
wholesale, as under GSP.

GOG Announces Aid to Campesinos
--------------


13. (U) On February 10 and March 3, campesino groups blocked
highways and marched to demand relief for effects of the
coffee crisis, and in support of the teachers' strike. On
March 10, President Portillo promised Q100 million ($12.8
million) in response to demands from the Agrarian Platform,
the ad-hoc umbrella organization of campesino groups which
has been in dialogue with the GOG since last year. Campesino
demands include food aid to 50,000 families; additional
resources for FONTIERRAS, the government land bank, to
purchase land for the landless; a subsidy and program to rent
land to campesinos; an end to efforts to dislodge squatters;
publication of the names of plantations with labor problems;
and support to small and medium-sized coffee producers.


15. (U) In February, the Committee for Campesino Development
(CODECA) reported results of a survey of 7,507 workers on 86
coffee, sugar, rubber, ranch and banana plantations showing
that only 13% of these workers received the legally-mandated
minimum wage ($4.00/day) or more. The lowest-paid twenty
percent of the workers received less than $2.50/day. Coffee
and sugar producers complained in February of the lack of
workers in Guatemala, who are increasingly seeking better
wages across the border in Mexico. (In Mexico, a worker is
paid up to $5 for 100 pounds of coffee beans picked, while in
Guatemala the rate is closer to $2.50.) In addition to
increased emigration, press reported that many coffee pickers
stayed home this harvest season falsely expecting payment for
their services as members of the civil self defense patrols
during the 36-year internal conflict. Coffee sector
employment declined from 655,267 in the 1999/2000 harvest to
588,332 in 2000/2001, and was only 463,859 this year.

Labor Snippets
--------------


16. (U) FESTRAS, the sectoral union for beverage workers,
has appealed for international solidarity in support of its
efforts to compel collective bargaining at Pepsi's local
bottler, Mariposa. Unlike at Coke's bottler, which is 90%
unionized and recently reached a new collective bargaining
agreement with its union, Mariposa's rate of unionization is
less than 5%. The labor code requires 25% union membership
to compel collective bargaining. FESTRAS argued (and lost in
court) that the 25% membership requirement should not apply
in companies which had entered into previous collective
bargaining agreements. It also believes that Mariposa fired
100 workers in 2002 to rid itself of unionized workers.
Mariposa management denied this allegation and told LabAtt
that the reduction was due to closure of a line of production
(of mostly non-unionized workers) due to efficiencies in its
plastic bottling line. Mariposa executives refuse to meet
with FESTRAS (but have met with Mariposa's own (weak) union)
and believe a conspiracy exists to discredit Mariposa
supported by Coke and the local beer monopoly, which is
resisting Mariposa's diversification into beer production.

17. (U) Employment Figures: Newly-released survey data from
the National Institute of Statistics from May-June 2002 shows
that of the population aged 10 and above (8,089,785),59% are
employed, 10% are unemployed, and 9.1% are under-employed.


18. (U) Failing Banks and Labor Strife: Reynaldo Gonzalez,
Secretary General of the Bank Workers Union (FESEBS) and

SIPDIS
leaders of union of workers of the National Mortgage Bank
told LabAtt on March 11 that despite reinstallation orders
from the courts, bank management has refused to reinstate two
illegally-fired workers. Bank lawyers are fighting similar
legal petitions for 150 others who were illegally fired,
according to the union. Union members believe the illegal
firings under the guise of streamlining (CHN is absorbing
other failing banks) are intended to reduce union membership.
This case is one of those highlighted in the AFL-CIO GSP
petition.
HAMILTON