DEMARCHE ON CAFTA-DR LABOR SUBMISSION REPORT

UNCLAS GUATEMALA 000145 SENSITIVE SIPDIS DOL FOR PCHURCH DEPT FOR WHA/CEN, WHA/EPSC, EEB/BTA, AND DRL/IL DEPT PLEASE PASS TO USTR CARLOS ROMEO E.O. 12958: N/A TAGS: ELAB ECON ETRD PGOV PHUM PREL GT SUBJECT: DEMARCHE ON CAFTA-DR LABOR SUBMISSION REPORT REF: STATE 10202 ¶1. (U) The Ambassador, DCM, and Embassy officers have met with the full range of GOG officials since January 16 to discuss the CAFTA-DR Labor Submission Report and to seek prompt and effective cooperation to address the concerns raised in the report. Embassy officers delivered reftel demarche and non-paper to senior GOG officials to underscore the importance of effective enforcement of labor laws by our CAFTA-DR partners and to ensure a process for implementing the recommendations in the report. The Ambassador will seek an opportunity to raise this issue with President Colom soonest. ¶2. (SBU) On February 11, Pol/Econ Counselor demarched Lars Pira, Vice Foreign Minister and coordinator of the GOG,s Inter-Agency Commission on Labor Relations in Guatemala. Specifically, Pol/Econ Counselor indicated that the USG would carefully monitor the GOG,s follow-up actions during the next six months to implement the DOL recommendations and otherwise address the concerns raised in the report. Failure to act would be met with deep USG concern and would likely trigger formal consultations, and possibly other consequences. Pira indicated he understood that quick, decisive, and coordinated state action was urgently needed. He said he would call an immediate meeting of the inter-agency commission to review progress to date and plan next steps. Pira committed to communicating the outcome of that meeting to Pol/Econ Counselor. Pol/Econ Counselor said the Ambassador would soon seek a meeting with Foreign Minister Rodas to underline the importance of this issue. ¶3. (SBU) The same day, Pol/Labor Officer demarched Labor Minister Edgar Rodriguez, Vice Labor Minister Mario Illescas, and Special Advisor Guillermo Gandara. Pol/LabOff stressed the seriousness of DOL's findings and the need for the GOG to demonstrate advances in enforcing its labor laws and implementing the recommendations in the report within 180 days from the date of issuance of the report (January 16) to avoid formal consultations. Pol/LabOff requested that the GOG regularly communicate with Embassy its progress in implementing the recommendations. Vice Minister Illescas and Special Advisor Gandara said that on February 9 they had requested clarification on Part B of the recommendations regarding Cooperative Labor Consultations from Acting Deputy Under Secretary for Labor Marcia Eugenio. They noted that Article 16 of CAFTA-DR does not specify a 180-day review period, and questioned the basis for the 180-day timeline. (Note: DOL is working on a response to the Ministry of Labor. End note.) ¶4. (SBU) Labor Minister Rodriguez underscored the Ministry's political will to address the issues raised in the report and to comply with the labor provisions in CAFTA-DR, but stressed that mediation requires political ill on both sides. He noted that the Coalition f Avandia Workers and SITRAGUA (a federation of local unions) do not seem interested in resolving the outstanding issues. He said Avandia agreed to compensate the workers, but they chose to keep fighting. Rodriguez said it is important to convey the message that the GOG is demonstrating political will, but the unions are refusing to accept what is offered. He also pointed out that there are several groups, such as SITRAGUA and the National Front for Struggle, that are not legally registered yet are demanding to be treated as labor organizations. He believed Qdemanding to be treated as labor organizations. He believed that the upcoming Labor Ministerial Conference (Feb. 23-25) in Washington would be an opportune time to further discuss the findings and recommendations in the report. ¶5. (SBU) Vice Minister Illescas reported that the Inter-Agency Commission on Labor Relations met on February 6 to discuss the recommendations in the report and to assign each recommendation to the appropriate ministry for action. The ministries committed to providing a progress report to the commission each month during the group's regular monthly meetings. The Ministry of Labor has contacted the legal representatives of Avandia, Fribo, and INPROCSA to mediate. In addition, on February 10, the Tripartite Labor Commission, comprised of representatives of the Ministry of Labor, employers, and employees, requested a formal meeting with the Attorney General, along with the Chief Prosecutor of the Special Unit for Crimes Against Journalists and Unionists and the Secretary of Technical Coordination, to discuss certain aspects of inter-agency coordination to strengthen labor relations. Specifically, the Commission will present its recommendation to transfer the SITRABI murder case from the Prosecutor's Office in Morales, Izabal to the Public Ministry (Attorney General's Office) in the capital. Illescas explained that only the Attorney General or his Secretary of Technical Coordination can request such transfers. ¶6. (SBU) On February 10, at a representational event, Econoff spoke with Ruben Morales, Vice Minister of Economy, explaining the urgency of scheduling a meeting to discuss the findings and recommendations in the CAFTA-DR Labor Submission Report. Vice Minister Morales told econoff that he had "felt relieved when he had heard that the Department of Labor had decided not to take action against Guatemala." Econoff told him that that was a mistaken interpretation and that there was deep concern in Washington over the labor situation in Guatemala. Econoff pointed out that there were a series of recommendations that the USG hopes Guatemala will implement during this 180-day review period. He discussed the possible consequences of GOG failure to act. ¶7. (SBU) Morales responded that he was not aware that the matter was so serious. He committed to a meeting on February 18, upon his return from trade negotiations in Panama, to discuss the issue in depth. Econoff noted that this issue was being raised in various ministries, including the Foreign and Labor Ministries. Morales said he was glad that the message was being widely disseminated as that would facilitate inter-ministerial coordination. McFarland