Costa Rica Welcomes Decision to Drop DR-CAFTA Petition by ILWU
Costa Rica’s Minister of Trade Anabel Gonzalez has issued a statement welcoming the news that the U.S. Labor Department decided on April 28, 2011 to close without any action the case filed by the International Longshore and Warehouse Union (ILWU) and certain Costa Rican groups in July 2010 alleging violations of Costa Rica’s obligations under the labor chapter of the DR-CAFTA.
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Petitioners Said Gov’t Was Failing to Enforce Labor Laws, Weakening Port Union
In July 2010, the ILWU Coast Longshore Division, Costa Rica’s Sindicato de Trabajadores, and Costa Rica's Asociación Nacional de Empleados Públicos y Privados submitted a petition charging Costa Rica with violating the DR-CAFTA by not enforcing its own labor laws. In particular, the petition alleged that the Costa Rican government was taking actions to weaken certain port unions.
(See ITT’s Online Archives or 08/11/10 news, 10081116, for BP summary.)
Costa Rica Says Allegations Were Not Violations, Review Took too Long
According to the Government of Costa Rica, the petition raised no allegations that represented a violation of the labor obligations of the DR-CAFTA or that were otherwise reviewable or subject to consultations under the terms of the CAFTA-DR. They also note their serious concerns with the procedures the Labor Department followed in this matter, including what they call an unfounded eight month delay in its decision to close this case. The Minister states that this delay is inconsistent with the clear procedures and transparency that should be fundamental in such matters under DR-CAFTA.
(DR-CAFTA provides for consultations among the parties regarding the effective enforcement of domestic labor law. If the parties fail to resolve the matter within 60 days after the delivery of the consultation request, the complaining party may request a meeting of the agreement’s Free Trade Commission. The U.S. brought its first labor case against a trade agreement partner in August against Guatemala. See ITT’s Online Archives or 08/23/10 news, 10082311, for BP summary.)
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