Labor Dept
Accepts Submission Alleging
Guatemala Violated DR-CAFTA Labor Rules
The Labor Department's Office of Trade and Labor Affairs has issued a
notice announcing that it has decided to accept for review a submission
alleging that the Government of Guatemala has violated certain labor provisions
of the U.S.-Dominican Republic-Central America Free Trade Agreement (DR-CAFTA)1.
(Their decision to accept the submission for review is not intended to
indicate any determination as to the validity or accuracy of the allegations
contained in the submission. The
objectives of the review will be to gather information to better understand and
publicly report on the issues raised by the submission.)
The submission was filed on April 23, 2008 by the American Federation of
Labor and Congress of Industrial Organizations (AFL–CIO) and a group of six
Guatemalan trade unions.
Submission Alleges Workers
Were Prevented from Exercising Right of Association, Etc.
The submission alleges that the Government of Guatemala has violated
certain provisions of the DR-CAFTA Labor Chapter (Chapter 16) with respect to
five separate cases in which workers were prevented from exercising their right
of association and the right to organize and bargain collectively.
In several of the cases, serious acts of violence and intimidation are
alleged, including murder. Furthermore, the submission alleges that domestic
labor laws, which would have protected these workers’ rights, were not enforced.
The submission also alleges a failure to enforce labor laws relating to
payments to the Guatemalan Social Security Institute (the health care system)
in two instances and appropriate legal severance payments in one instance.
Public Report to be Issued
within 180 Days of June 12th
The review will be completed and a public report issued within 180 days
of June 12, 2008, unless circumstances require an extension of time. The public
report will include a summary of the review process, as well as findings and
recommendations.
Labor Secretary Could Request
Consultations with Guatemala, Etc.
According to the December 2006 Federal
Register notice outlining the procedural guidelines of the Office of Trade
and Labor Affairs, the Office may make a recommendation at any time to the
Labor Secretary as to whether the U.S. should request consultations with
another DR-CAFTA Party.
If, following any such consultations, the matter has not been resolved
satisfactorily, the Office shall make a recommendation to the Labor Secretary
concerning the convening of a labor committee.
If the above mechanisms are invoked and the matter subsequently remains
unresolved, and the matter concerns whether a Party is conforming with an
obligation under a labor chapter that is subject to the dispute settlement
provisions, the Office shall make a recommendation to the Labor Secretary
concerning pursuit of dispute resolution under such provisions.
Before making such recommendations, the Office of Trade and Labor
Affairs shall consult with the Office of the U.S. Trade Representative, the
State Department, and other appropriate entities in the U.S. government.
1DR-CAFTA is also
abbreviated as "CAFTA-DR"
OTLA contact- Gregory
Schoepfle (202) 693-4900
OTLA notice (FR Pub 06/18/08)
available at http://edocket.access.gpo.gov/2008/pdf/E8-13676.pdf
OTLA procedural guidelines
notice (FR Pub 12/21/06) available at http://edocket.access.gpo.gov/2006/pdf/E6-21837.pdf
Published in ITT on June 25, 2008 | [Ref: 08062505] |
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