Secretary Rice's Meeting with Colombian Anti-TPA

UNCLAS PARTO 020502
(Note: the unique message record number (MRN) has been modified. The original MRN was 08 PARTO 000002, which duplicates a previous PARTO telegram number.)

SENSITIVE
SIPDIS
DEPT. PLEASE PASS TO USTR, AARON ROSENBERG, AND BENNETT
HARMAN

E.O. 12958: N/A
TAGS: OVIP RICE CONDOLEEZZA ETRD ECIN EINV ELAB
PGOV, PHUM, PREL, PETER, VE, CO
SUBJECT: Secretary Rice's Meeting with Colombian Anti-TPA
Labor Leaders



1. (U) January 24, 2008; 6:15 p.m.; Medellin, Colombia.


2. (SBU) Participants:

United States
The Secretary
Ambassador William R. Brownfield
Representative Melissa Bean
Representative Eliot Engel
Representative Jane Harman
Representative Alcee Hastings
Representative Ron Klein
Representative Rick Larsen
Representative Solomon Ortiz
Representative Ed Perlmutter
Representative David Scott
A/S Jeffrey Bergner, H
A/S Sean McCormack, PA
A/S Thomas Shannon, WHA
A/S Daniel Sullivan, EEB
S Chief of Staff Brian Gunderson
Director of House Affairs Scott Kamins
Deputy Executive Secretary Kevin Whitaker
Adam Lenert, Embassy Notetaker

COLOMBIA
Carlos Rodriguez, President of the United Workers'
Confederation (CUT)
Boris Montes, Assistant Secretary General, CUT
William Millan, Deputy Secretary General, General
Confederation of Workers (CGT)
Ruben Dario Gomez, Deputy Secretary General, Antioquia
Division, CGT
Apecides Alvis, President, Colombian Confederation of
Workers (CTC)
Jose Leon Ramirez, Secretary of International Relations,
CTC
Jose Luciano Sanin, Director, National Unionist School
(ENS)


3. (SBU) SUMMARY. Colombian trade union officials that
oppose the U.S.-Colombian Trade Promotion Agreement (TPA)
told the Secretary and accompanying Members of Congress
that a TPA would increase competition from the United
States and endanger domestic industries. They urged the
Members not to approve the TPA until Colombia fully
guaranteed unions' rights and workers had better contracts
and benefits, adding that no changes to the existing TPA
would alter their opposition. The Members of Congress
said they did not want the TPA "held hostage" by the


unions, but they remained concerned about violence and
impunity. The Secretary noted that the U.S.-Colombia TPA
had the strongest labor protections of any TPA and said
the United States would remain committed to ensuring
Colombia's compliance. END SUMMARY.

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LABOR REPS FEAR U.S. COMPETITION
--------------


4. (SBU) Colombian labor representatives said they oppose
the TPA because Colombian industry could not compete with
U.S. firms without protection. Rodriguez said it remains
costly and time-consuming to transport goods from Bogota
and Medellin to seaports for export. He claimed the lack
of a national railroad, good highways, and industrial
machinery makes it difficult for Colombian producers to
compete with U.S. producers. Millan conceded that some
sectors of Colombia's economy would benefit from a TPA and
that the agreement would phase-in the removal of trade
barriers for vulnerable sectors, but predicted its passage
would increase U.S. imports to Colombia by 320 percent and
result in the loss of thousands of Colombian jobs.

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CONFEDERATIONS CRITICIZE GOC ON SAFE-GUARDS, COMPLIANCE
-------------- --------------


5. (SBU) Millan said the U.S. Congress should not approve
a TPA until Colombia fully guaranteed unions' rights and
workers had better benefits. He said the Colombian
government had not done enough to protect unionists from
violence, prosecute perpetrators of crimes against them,
and strengthen the ability of workers to bargain
collectively. Sanin complained that labor reforms in
1990, 1992, and 2002 made employment contracts more
flexible, resulting in more fixed-term contracts and
making it easier for employees to fire workers. He
complained these reforms also created a loophole that
allowed employers to avoid paying social security and
other benefits by contracting with cooperatives instead of
directly hiring workers.

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VIOLENCE, IMPUNITY REMAIN CONCERNS
--------------


6. (SBU) Sanin acknowledged that violence against
unionists had fallen sharply, but claimed Colombia
remained the most violent country in the world for



organized labor. He rejected the Colombian government's
findings that the motives in most union murders did not
relate to the victim's union activity, but more often
resulted from common crime, personal conflicts, or
violence between illegal armed groups. Sanin added that
the USD 37 million the Colombian government spent on
protecting unionists and other vulnerable individuals in
2007 confirmed that they remained at risk in Colombia.


7. (SBU) Sanin said he hoped the United States would
pressure the Colombian government to take action on four
main proposals: 1) reform labor legislation to conform to
International Labor Organization standards concerning the
rights of workers to organize and to strike; 2) implement
a decent minimum wage; 3) promote social dialogue to
create strong, legitimate unions; and 4) reinstate the
Labor Ministry and ensure its capacity to enforce labor
standards.

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UNIONS DECLARE OPPOSITION TO TPA INALTERABLE
--------------


8. (SBU) Rodriguez said no changes to the TPA or
additional assurances from the United States could alter
the confederations' opposition. He demanded the complete
redrafting of the TPA with extensive input from the
unions. Representative Engel commented that the
confederations wanted to "hold the TPA hostage" to force
the Colombian government to comply with their terms.

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U.S. COMMITTED TO ENSURING COMPLIANCE
--------------


9. (SBU) Secretary Rice thanked the unionists for their
openness. She believed the TPA would promote economic
growth while providing an opportunity for social justice
in a country emerging from a period of extraordinary civil
conflict. She said she shared concerns about ensuring
compliance with labor standards and the rights of workers,
and agreed that a free labor movement did constitute an
important part of democracy. The Secretary told the
unionists that the U.S.-Colombia TPA had the strongest
labor protections of any TPA the U.S. had signed. She
added that re-negotiation of the agreement would not be
possible, but said the United States has committed to
ensuring that its free-trade partners upheld those
provisions and international conventions.
RICE