Guatemala: Additional Review of Worker Rights Issues
The review of Guatemala's eligibility for the enhanced CBI preferences involved extensive consideration of the worker rights situation in that country. The United States raised specific concerns with respect to anti-union violence, including a 1999 incident in which armed vigilantes threatened and kidnapped leaders of a banana workers' union who were protesting the illegal dismissal of 900 workers. Guatemala was asked to facilitate negotiations to reemploy the 900 fired workers and to commit to speedy and effective implementation of labor code requirements with respect to this case. Guatemala's government was also asked to work with the country's legislature to pass proposed revisions to the labor code, and to provide a commitment, over the longer-term, to continual improvements in law enforcement and judicial administration related to the protection of worker rights.
In their responses to U.S. concerns, Guatemala's Vice President, Minister of Labor, and other officials have demonstrated considerable good faith in seeking to improve the worker rights situation in their country. The United States welcomes the Ministry of Labor's efforts to date to facilitate a resolution to the situation arising from the 1999 incident involving banana workers. There is evidence of progress in prosecuting those responsible for violence against workers in that case. We also welcome efforts by the government to suspend operating licenses of companies which have violated labor code provisions. In addition, the Guatemalan executive branch has presented legislation to bring the country's labor laws into conformity with ILO recommendations.
It is on the basis of these actions and assurances that Guatemala has been designated at this time as a CBTPA Beneficiary Country.
Despite certain forthcoming actions and statements by Guatemalan officials, the United States remains deeply concerned that the overall worker rights environment in Guatemala represents a threat to those seeking to advance basic, internationally-recognized rights for workers. Instances of anti-union violence, including occasional murders, persist. The widespread impunity for those who provoke and carry out such violence is a particularly severe concern.
Consequently, Guatemala's CBTPA beneficiary status will be reviewed in April 2001, with a focus on further improvements in the area of worker rights. This review will include the following objectives: a) an assessment that the Guatemalan executive branch is taking all actions within its authority to ensure the physical safety and human and civil rights of union leaders and the effective criminal prosecution of persons charged with provoking anti-union violence, including killings of union leaders; b) assurances that the Government of Guatemala is taking all steps within its power to provide for the re-employment of the 900 fired banana workers and settlement of related labor law violations; c) further progress towards enacting the new Labor Code; and d) further improvements in labor law enforcement and judicial administration related to the protection of labor rights.
As a further sign of the seriousness with which the United States views these issues, Ambassador Barshefsky is initiating immediately a review of Guatemala's eligibility as a beneficiary country under the Generalized System of Preferences (GSP). This unprecedented self-initiated review will also be concluded in April 2001, and will focus on the government's response to anti-union violence and other aspects of internationally recognized worker rights.
Read more about this topic: Caribbean Basin Trade And Partnership Act
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