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.
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(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