RE-CAP OF USG ACTIONS IN CAFTA-DR LABOR COMPLAINT

UNCLAS SECTION 01 OF 02 GUATEMALA 000647

SENSITIVE
SIPDIS

DEPT FOR DRL/ILCSR, DOL FOR PCHUCH, USTR FOR LAURA BUFFO

E.O. 12958: N/A
TAGS: ELAB KJUS KDEM PHUM PGOV ECON GT
SUBJECT: RE-CAP OF USG ACTIONS IN CAFTA-DR LABOR COMPLAINT


1. (U) Summary: As the mid-July deadline for reassessment of
the CAFTA-DR labor complaint draws near, Post would like to
highlight the numerous actions taken by various USG agencies
to encourage the GOG to recognize the significance of and to
undertake the recommendations made in DOL's Public Report of
Review of Office of Trade and Labor Affairs U.S. Submission
2008-01 (Guatemala). A description of the actions taken by
the USG since the release of the Public Report, January 16,
2009, follows. End Summary.

Release of Report
--------------

2. (U) DOL released The Public Report of Review of the Office
of Trade and Labor Affairs U.S. Submission 2008-01
(Guatemala) on January 16, 2009. The day the report was
released, DOL and Post held a conference call with the Vice
Minister of Labor and the Ministry of Labor POC, during which
a copy of the report was delivered to the Vice Minister. In
addition, a copy of the report was hand-delivered to the MFA.
DOL followed up the report with a phone call and a letter to
the Vice Minister of Labor.

Actions by Post
--------------

3. (U) In February, Emboffs delivered a demarche to the Vice
Minister of Economy, the Vice Minister of Foreign Affairs,
the coordinator of the GOG's Inter-Agency Commission on Labor
Relations, and the Minister and Vice Minister of Labor and
their Special Advisor. Also in February, the Ambassador
raised U.S. concerns regarding the CAFTA-DR complaint and the
enforcement of labor laws with President Colom, the Foreign
Relations Minister, the Minister of Finance, and the Attorney
General.


4. (U) Post continues to monitor the situation through
routine contacts with the AFL-CIO's Central America office,
the unions mentioned in the report, and members of the GOG.

Actions in Washington
--------------

5. (U) At the end of February, DOL's Acting Deputy Under
Secretary (DUS) for International Affairs held a bilateral
meeting with Minister of Labor Rodriguez, in which
representatives from the Embassy of Guatemala, USTR, and the
Department of State participated.


6. (U) In March and April, DOL's Acting DUS for International
Affairs met with and sent a follow-up letter to the
Guatemalan Ambassador to the United States. Both
communications were a request for updates on the GOG's
efforts to address the issues raised in report. On April 27,
DOL received an update, but, aside from mentioning the date
for a hearing for a suspect in one of the cases, the update
included no new information.


7. (U) DOL met several times with and received ongoing
updates from AFL-CIO officials, the originators of the
complaint. The most recent update was received June 3, and
included reinstatement orders issued by the judicial branch
(organismo judicial) for 12 workers in the Fribo case.

Most Recent Pushes for GOG Action
--------------

8. (U) On May 13, USDOL and Post hosted a video conference
with representatives from various GOG ministries, including
the Minister of Economy, the Vice Minister of Foreign
Affairs, the Vice Minister of Labor, and representatives from
the Ministry of Government and the Public Ministry. During
the video conference, USG learned that the six Avandia
workers with outstanding reinstatement orders were to be
reinstated on May 21 and paid their back wages. The workers
were reinstated, as promised, but have not yet received their
back pay.


9. (U) Other recent USG interventions include a meeting
between WHA Deputy Assistant Secretary Robinson, the Minister
Qbetween WHA Deputy Assistant Secretary Robinson, the Minister
of Economy, and the Vice Minister of Labor to highlight the
importance of the complaint; a meeting between Emboffs, a
representative from DRL, the Ministry of Government, the
Ministry of Labor, members of the unions and the AFL-CIO
Central America representative; a visit by Emboffs to the
Bandegua banana plantation named in the complaint; and a
meeting with members of SITRABI regarding the submission of
another request for security to the Ministry of Government.
DOL has since sent a letter to the Minister of Government,
urging him to respond promptly to SITRABI's request.


10. (SBU) Comment: Various representatives of the USG have
made numerous contacts with GOG officials, attempting to

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engage them and highlight the importance of the Public
Report. Embassy and other USG officials have reiterated the
need for GOG to move decisively, to address the
recommendations in the report, and to think of systemic
changes. However, commitment to successful resolution of the
cases varies greatly depending on the particular Guatemalan
Government ministry. For example, the Ministry of Economy,
which is responsible for implementation of CAFTA-DR, seems
very engaged. However, the semi-autonomous Public Ministry,
already overwhelmed by endemic violence, seems less
committed. While genuine efforts have been made to resolve
the five cases cited in the complaint, progress has been
uneven and little has been done to resolve systemic problems.
Post does not object to the commencement of formal
consultations and does not believe such a move would have a
serious detrimental impact on bilateral relations. However,
it is unclear whether formal consultations will spur more
energetic action by the GOG.
McFarland