Identifier
Created
Classification
Origin
05QUITO385
2005-02-16 20:44:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Quito
Cable title:  

GOE FTA TEAM GETS USG MESSAGE ON LABOR REFORM,

Tags:  ELAB PGOV EC FTA 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 QUITO 000385 

SIPDIS

SENSITIVE

PLEASE PASS TO USTR FOR BUD CLATANOFF, BENNETT HARMON, AND
VIONDETTE LOPEZ; DEPARTMENT OF LABOR FOR ILAB:JORGE
PEREZ-LOPEZ AND CARLOS ROMERO, DEPARTMENT FOR DRL/IL,
WHA/AND, WHA/PPC, DRL/IL AND EB

E.O. 12958: N/A
TAGS: ELAB PGOV EC FTA
SUBJECT: GOE FTA TEAM GETS USG MESSAGE ON LABOR REFORM,
FINALLY


UNCLAS SECTION 01 OF 02 QUITO 000385

SIPDIS

SENSITIVE

PLEASE PASS TO USTR FOR BUD CLATANOFF, BENNETT HARMON, AND
VIONDETTE LOPEZ; DEPARTMENT OF LABOR FOR ILAB:JORGE
PEREZ-LOPEZ AND CARLOS ROMERO, DEPARTMENT FOR DRL/IL,
WHA/AND, WHA/PPC, DRL/IL AND EB

E.O. 12958: N/A
TAGS: ELAB PGOV EC FTA
SUBJECT: GOE FTA TEAM GETS USG MESSAGE ON LABOR REFORM,
FINALLY



1. (SBU) Summary: Trade Minister Ivonne Baki expressed
newfound GOE commitment to ILO-consistent labor reform to the
Ambassador after returning from the recent Cartagena FTA
round. In subsequent meetings with the GOE's negotiators, we
were encouraged by the GOE's willingness to explore reform
possibilities and modalities. Next steps involve
coordination between the GOE's FTA negotiating team and the
Labor Ministry, followed by an invitation from the GOE to the
ILO. We appreciate USTR's willingness to contribute to the
advancement of labor rights by accepting the Labor Minister's
invitation to visit, but now believe this visit should be
postponed until the GOE makes further progress. End Summary.

Baki "Gets It"
--------------


2. (SBU) In a meeting on February 14, the Ambassador asked
Minister Baki for her impressions from the Cartagena round
and raised the urgent need for movement on labor reform.
Baki said that she had received A/USTR Vargo's message on the
need for labor reforms, delivered in Cartagena, "loud and
clear." The GOE understands the need for ILO involvement in
a tripartite process to diagnose and address deficiencies in
the law, and is prepared to seek it. She would work closely
with Labor Minister Raul Izurieta to see that these steps are
taken, and welcomed Embassy collaboration with her FTA
negotiating team to clarify next steps. Baki said President
Gutierrez was coming under "great pressure" from organized
labor to add a question on the FTA to his referendum
proposal, which she suggested the Ambassador to weigh in
against. The Ambassador urged Baki to move ahead on labor
reform and continue to rally allies in the Cabinet to oppose
the referendum idea.

Espinosa Mulling Modalities
--------------


3. (SBU) EconCouns, PolChief and USAIDOffs met on February
15 with Christian Espinosa, Ecuador's FTA negotiator, and
members of his team to discuss opportunities for labor
reform. EconCouns conveyed the importance of achieving
progress on labor to the FTA's prospects in the U.S Congress;
a necessary first step would be for the GOE to formally

invite the ILO to become involved in a tripartite process to
discuss reforms. The ILO could help by diagnosing
deficiencies in the current labor code. A tripartite
dialogue would explore what is politically feasible. Any
resulting reform proposals must be ILO-consistent. The USG
would support a GOE request for ILO assistance.


4. (SBU) Espinosa advisor Mauricio Pinto raised the need for
labor reforms to make the Ecuadorian labor market more
flexible, "to make the FTA work for Ecuador." Otherwise,
Ecuador would lose investment to its neighbors. EconCouns
agreed, saying the FTA provides an opportunity for Ecuador to
address difficult labor challenges by better protecting
fundamental rights and simultaneously exploring ways to make
Ecuador more competitive, through dialogue. Espinosa said to
get labor and management to the table would require a neutral
facilitator. The ILO would not be perceived as such. He
mentioned several civil society groups and think tanks not
associated with support for an FTA as possibilities.


5. (SBU) Asked whether a visit by USTR at this time could
help spur reforms, Espinosa said he thought not. Any visit
by USTR to press our labor agenda would link the two and
unhelpfully boost the existing impression of outside
pressure. To prosper, dialogue on labor should ideally be
de-linked from the FTA negotiations.


6. (SBU) PolChief warned that the perception in Washington
is that political will to address labor reform here is low.
The GOE would need to consider its strategy to include
Congress in the reform debate. It is essential that any
proposed reforms resulting from tripartite dialogue be
ILO-consistent, address freedom of association deficiencies,
and be politically viable. On the US role, the link between
labor reform and the FTA had already been made on the front
pages of national newspapers--Espinosa had himself publicly
acknowledged USG interest in the issue. Pinto countered that
a caution was necessary or the tripartite dialogue process
would be less likely to flourish.

Embassy Comment and Recommendations
--------------


7. (SBU) We are encouraged by Baki's new religion on labor,
and hopeful that it will lead to progress in the medium term.
In light of these new developments, we believe we should
give the GOE more time to coordinate (first between the Trade
and Labor ministries) and show its good faith by inviting the
ILO to help. ILO involvement could help change prospects for
reform, and at the least will give the GOE a menu of
deficiencies to work on. The Embassy therefore recommends
that the upcoming visit by the A/USTR for Labor be postponed
until the GOE advances to a point where outside intervention
can be supportive of a process the Ecuadorians lead.
Kenney