Identifier
Created
Classification
Origin
09GUATEMALA264
2009-03-19 13:40:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Guatemala
Cable title:  

AFL-CIO SOLIDARITY CENTER SUGGESTS STEPS TO

Tags:  ELAB ECON ETRD PGOV PHUM PREL KJUS KDEM GT 
pdf how-to read a cable
VZCZCXRO4285
RR RUEHLA
DE RUEHGT #0264/01 0781340
ZNR UUUUU ZZH
R 191340Z MAR 09
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 7150
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHME/AMEMBASSY MEXICO 5138
RUEHLA/AMCONSUL BARCELONA 0056
RUEHC/DEPT OF LABOR WASHDC
UNCLAS SECTION 01 OF 02 GUATEMALA 000264 

SENSITIVE
SIPDIS

DOL FOR PCHURCH
DEPT FOR WHA/CEN, WHA/EPSC, EEB/BTA, AND DRL/ILCSR
DEPT PLEASE PASS TO USTR CARLOS ROMERO

E.O. 12958: N/A
TAGS: ELAB ECON ETRD PGOV PHUM PREL KJUS KDEM GT
SUBJECT: AFL-CIO SOLIDARITY CENTER SUGGESTS STEPS TO
IMPROVE GUATEMALAN LABOR COMPLIANCE

REF: A. GUATEMALA 169

B. GUATEMALA 145

C. GUATEMALA 140

UNCLAS SECTION 01 OF 02 GUATEMALA 000264

SENSITIVE
SIPDIS

DOL FOR PCHURCH
DEPT FOR WHA/CEN, WHA/EPSC, EEB/BTA, AND DRL/ILCSR
DEPT PLEASE PASS TO USTR CARLOS ROMERO

E.O. 12958: N/A
TAGS: ELAB ECON ETRD PGOV PHUM PREL KJUS KDEM GT
SUBJECT: AFL-CIO SOLIDARITY CENTER SUGGESTS STEPS TO
IMPROVE GUATEMALAN LABOR COMPLIANCE

REF: A. GUATEMALA 169

B. GUATEMALA 145

C. GUATEMALA 140


1. (U) Summary: The Ambassador and Laboff met with AFL-CIO
Solidarity Center Central America representative Rob Wayss on
March 13 to review labor issues and to discuss ways to
improve labor compliance. Responding to Wayss' concerns
about the reporting of alleged labor crimes in the annual
Human Rights Report, the Ambassador expressed post's
commitment to report the full range of views on this
controversial matter. Wayss committed to providing a more
accurate and better documented estimate, by categories, next
year. He criticized the CAFTA-DR Labor Submission Report for
its failure to recommend immediate consultations, but praised
its accurate and comprehensive content. Among other
recommendations, he urged the GOG to suspend or cancel export
licenses of employers who violate labor laws and to
criminally sanction violators, as recommended in the
Submission Report. The Ambassador committed to following up
with the GOG on the report and Wayss' recommendations. End
Summary.


2. (SBU) On March 13, the Ambassador and Laboff met with Rob
Wayss, AFL-CIO Solidarity Center Central America
Representative, to discuss labor issues and ways to improve
labor compliance in Guatemala. The Ambassador began by
clarifying that there was no intent to under-report labor
killings in our Human Rights Report. He noted that while it
is impossible to get an accurate estimate of killings for
particular motives in Guatemala, the Embassy will report
AFL-CIO Solidarity Center estimates in addition to other
statistical sources in the future. He stressed that, as
Wayss pointed out, if there is a labor conflict the
presumption has to be that a killing of a labor leader is not
coincidental. Wayss, for his part, committed to providing us
a more accurate and better documented estimate of labor

killings, with breakout statistics by categories, next year.
He explained the AFL-CIO view that if a union leader or
member is killed during a time of labor conflict it has to be
considered a labor-related killing in the absence of credible
evidence to the contrary.


3. (SBU) Wayss discussed a recent attack against a
construction workers' union, theft of items from the union
office, the killing of the union's legal advisor, and a
threat against the union's Secretary of Conflicts in
Coatepeque (ref C). According to Wayss, the union went to
the Special Prosecutor's Office for Crimes Against
Journalists and Unionists to present a complaint but was told
that they have to file it in Coatepeque where the crimes had
occurred. Eventually, the Special Prosecutor's Office
accepted the complaint, but only after a journalist
accompanied the group into the office. Wayss stressed that
cases brought to the Special Prosecutor's Office should be
accepted and treated as labor killings in the absence of
evidence to the contrary rather than treated as common
crimes. He also stressed the need for security, especially
for those who file complaints. In most cases, he said,
requests for security are not honored with "the excuse of
lack of resources." He said that since October 2007, the
Banana Workers' Union of Izabal (SITRABI) had been requesting
security from the Ministry of Government. Bandegua had
created a police substation to patrol the farm, but there had
Qcreated a police substation to patrol the farm, but there had
been no follow-up. According to Wayss, the PNC did not
provide personnel to man the station.


4. (SBU) Wayss noted that in the Pedro Zamora murder case,
the labor movement had made three requests to see the
detained suspect, which he pointed out is a citizen's
constitutional right, but the GOG had not honored the
request. Wayss related a rumor that the suspect had posted
bail and was no longer in custody. The Ambassador said he
met on March 12 with the Attorney General, who confirmed the
arrest of the suspect and told him that the investigative
phase of the case would end in early April, at which point
they would initiate a formal trial. He said that the Embassy
would follow up to confirm whether the suspect was still in
custody and press authorities to provide a response to the
labor movement's request.


5. (SBU) Wayss said that the AFL-CIO criticized the CAFTA-DR
Labor Submission Report for its failure to recommend formal
consultations, but praised the content of the report,

GUATEMALA 00000264 002 OF 002


particularly in documenting the failure of the GOG to meet
its commitments under CAFTA-DR. He noted that in some cases
the report even went beyond what the AFL-CIO and local unions
had alleged. On March 5, the AFL-CIO sent a letter to Rep.
George Miller, Chairman of the House Committee on Education
and Labor, criticizing the report. According to Wayss, the
AFL-CIO remains disappointed and critical of GOG performance
on labor rights. In its view, there has been no progress on
the CAFTA labor complaint and on enforcement and compliance
of labor laws. The Ambassador noted that he demarched
President Colom and that Embassy officers have demarched
senior-level officials in the Ministries of Foreign Affairs,
Economy, and Labor, urging GOG action to improve labor rights
(refs A, B). He suggested that the weak link is the Minister
of Labor, who does not seem convinced that there is a
problem. Wayss thanked the Ambassador for his intervention,
and asserted that the problem is lack of political will, not
lack of knowledge or lack of resources.


6. (SBU) When asked what could be done to improve labor
compliance, Wayss noted that the penalties under CAFTA-DR are
inadequate to deter violators and to change the political
climate. He expressed hope that under the new Obama
Administration the terms of the free trade agreement would be
reconsidered. He noted that the CAFTA-DR Labor Submission
Report cites a number of specific recommendations, including
suspending or canceling export licenses of employers who
violate labor laws; utilizing police when labor inspectors
are denied entry into factories; and criminally sanctioning
employers for failure to comply with the law, all of which
the GOG should implement. Wayss also suggested that the
Embassy recommend formal consultations on the issues raised
in the CAFTA labor submission; invite a high-level
inter-agency delegation, with members of Congress, to
Guatemala; and press the GOG to insist that factory owners
reinstate workers and pay back-wages, as mandated by court
order. Wayss pointed out that the GOG has the authority to
utilize these measures but that it simply is not doing so.
He noted, for example, that failure to pay social security
benefits is "a systemic violation" of workers' rights, and
urged the USG to send a message that this is a violation of
labor rights and subject to CAFTA-DR.


7. (SBU) As a personal request, Wayss asked the Embassy to
intervene with the Guatemalan Social Security Institute
(IGSS) on behalf of the widow of murdered SITRABI leader
Marco Tulio Ramirez, regarding her social security benefits.
The Ambassador committed to looking into the issue as well as
continuing to follow up with the GOG on the labor complaint
and Wayss' suggestions. He noted that the President's Office
and the Cabinet are open to discussion but acknowledged that
it will require a high level of sustained pressure, which he
is prepared to exert, to move the GOG to act.
McFarland