US embassy cable - 03GUATEMALA1727

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 001727 
 
SIPDIS 
 
E.O. 12958: DECL: 07/01/2013 
TAGS: ELAB, ETRD, CA, PREL, GT 
SUBJECT: CAFTA LABOR TRACK TWO DEMARCHE: GUATEMALA 
 
REF: A. STATE 186063 
 
     B. GUATEMALA 1313 
 
Classified By: Labor Attache Erik Hall.  Reason 1.5 (d). 
 
1.  (C)  Summary:  Embassy welcomes Department's proposal, 
outlined in Ref A, to demarche Central American Ambassadors 
in Washington to emphasize the need for progress on labor 
rights protections in the context of CAFTA negotiations, and 
appreciates the opportunity to provide input for the demarche 
to the Guatemalan Ambassador.  Such a demarche complements 
the bilateral consultation process begun in the context of 
review of GSP petitions and on the margins of the Guatemala 
round of CAFTA in May.  Given that bilateral consultations 
are ongoing, Embassy recommends that the demarche reemphasize 
the themes of putting an end to impunity for attacks on labor 
leaders, streamlining of the labor justice system, and 
effective enforcement of judicial reinstatement orders.  End 
Summary. 
 
2.  (SBU) The next meeting of the bilateral working group on 
labor rights issues will be held on July 10.  The Ambassador 
will attend the meeting, convoked by the MFA at our request. 
The GOG will be represented by the Labor Minister, Attorney 
General, Special Prosecutor for Crimes Against Trade 
Unionists, a Supreme Court magistrate, and other interested 
GOG representatives.  We requested the meeting to maintain 
momentum and show sustained USG interest in progress on key 
labor rights problems in the context of GSP review and CAFTA 
track two efforts. 
 
3.  (SBU) The three issue areas we have consistently 
emphasized, in coordination with the Department, have been: 
 
-- Combating Impunity for Violence Against Trade Unionists: 
by achieving progress in open investigations of violent 
crimes against union leaders; 
 
-- Streamlining the Labor Justice System:  to strengthen 
labor rights and rule of law by making labor justice more 
swift; and 
 
-- Enforcing Reinstatement Orders for Illegally-Fired 
Workers:  to add credibility to the labor justice system by 
making judicial orders enforceable and providing relief to 
workers in egregious cases of illegal firings for unionizing 
activities. 
 
Specific Cases 
-------------- 
 
4.  (SBU) Within the three thematic areas listed above, there 
are some specific cases which could be cited to the 
Guatemalan Ambassador.  The investigation of the June 23, 
2000 murder of Transport Union General Secretary Oswaldo 
Monzon Lima is one such case, among six assassinations of 
trade unionists since 1999, where evidence implicates 
management for responsibility for the crime.  On the issue of 
labor justice, we have noted the GOG's recent procedural 
reforms submitted to Congress, but emphasize the need to 
redouble efforts to achieve further-reaching consensual 
reforms in the National Subcommission on Labor Justice, which 
involves active participation by the Ministry of Labor, the 
judiciary, employers, unions, academics, and others. 
Ironically, the Minister of Labor bypassed the Subcommission 
when introducing his reform package to Congress (where it 
remains pending), perhaps preferring that more visible step 
to consensus building.  The most egregious unresolved case of 
unenforced labor court orders for reinstatement of illegally 
fired employees is the case of the agricultural workers at 
the Finca Maria Lourdes, in Quezaltenango province.  There, 
the courts have issued seven separate rulings, none of which 
have been carried out,  reinstating 55 workers illegally 
fired in 1995 for attempting to organize a union.  There are 
many other similar cases. 
 
Some Signs of Progress 
---------------------- 
 
5.  (SBU) By convoking the ministerial working group, we hope 
to build on the initial meeting on May 13, where some 
positive steps were reported by the GOG (Ref B), including: 
the naming of a new Special Prosecutor for Crimes Against 
Trade Unionists, new labor rights reforms introduced to 
Congress by the Portillo Administration, expansion of labor 
court access to every Guatemalan province, and specific 
updates from the Special Prosecutor's office and the 
judiciary on the status of open investigations and labor 
court cases, respectively.  On July 10 we hope to learn of 
additional efforts, and plan to emphasize the need for 
continued sustained efforts on the part of the GOG to protect 
fundamental labor rights. 
 
Comment 
------- 
 
6.  (C)  By focusing on thematic issues and problems, rather 
than imposing specific benchmarks, we have allowed the GOG 
leeway to establish priorities in addressing the different 
areas where labor rights protections need to be strengthened. 
 The creation of an inter-governmental working group, 
suggested by the GOG and modeled on bilateral efforts to 
address counter-narcotics issues, has already borne fruit by 
increasing communication between the diverse GOG institutions 
which have roles to play in labor rights protection.  One 
downside to this approach has been the Labor Minister's 
inclination to attempt to use USG interests to advance his 
own agenda.  We have seen this in the case of the Minister's 
labor code reform package, which was submitted to Congress 
without adequate consensus-building with civil society; 
unions oppose key elements in this package.  The Minister's 
efforts, in tandem with the Minister of Economy, to threaten 
the withdrawal of export privileges from the Choi 
Shin/Cimatextiles plants has also been overplayed by the GOG, 
threatening the loss of the only two unions that exist in the 
for-export maquila sector.  These cases illustrate the need 
for sustained USG engagement with the GOG to improve 
effective labor rights protections in Guatemala. 
LINDWALL