GUATEMALA: AFL-CIO SUBMITS COMPLAINT UNDER

UNCLAS GUATEMALA 000522 SIPDIS SIPDIS DOL FOR OTLA DOL ALSO FOR CROMERO, PCHURCH, LBUFFO DEPT FOR DRL/ILCSR DEPT FOR USAID FOR LAC/CAM KSIENKIEWICZ E.O. 12958: N/A TAGS: ELAB KCRM PHUM KJUS KDEM GT SUBJECT: GUATEMALA: AFL-CIO SUBMITS COMPLAINT UNDER CAFTA-DR LABOR CHAPTER ¶1. The AFL-CIO, along with six Guatemalan unions, filed an official complaint April 23 with the U.S. Department of Labor, Office of Trade and Labor Affairs, alleging violations of the Labor Chapter of CAFTA-DR. The complaint is the first of its kind under the labor provisions of the trade agreement that entered into force July 2006. The complaint details five cases in which the Guatemalan government allegedly failed to effectively enforce its labor laws and to fulfill its international commitments to respect workers' rights. ¶2. The complaint urges the USG to immediately invoke the consultative mechanism of CAFTA-DR, and to formally initiate dispute settlement proceedings if consultations fail to reach a resolution. It also urges the USG to require the GOG to take all measures necessary to remedy the claims, and to ensure that trade unionists can exercise their right to freedom of association and collective bargaining without threat of violence, intimidation, or illegal dismissals by employers. It calls on the USG to closely monitor the implementation of remedies. ¶3. Comment: Labor union leaders are among the many victims of violent crime and impunity in Guatemala. In the absence of thorough investigation of these cases, it is difficult to determine whether these murders are labor-related, politically motivated, or related to other factors, such as personal or domestic disputes. Through USG-funded training programs and technical assistance, the Embassy has been working closely with the GOG to strengthen the administration of labor justice and respect for workers' rights. The Embassy has also been working closely with the AFL-CIO Solidarity Center and local civil society groups to raise public awareness and to advocate for workers' rights and security measures for threatened unionists and their family members. The Embassy continues to press senior government authorities to thoroughly investigate murders and threats against unionists, and to ensure compliance with CAFTA-DR labor provisions and other international obligations to respect labor rights. Lindwall