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 GUATEMALA 00000647 002 OF 002 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