The Obama administration is ratcheting up the pressure on Guatemala to enforce its labor laws. Yesterday, the Office of the U.S. Trade Representative (USTR) announced it was moving forward with arbitration against Guatemala for violating fundamental labor rights under the Dominican Republic-Central American Free Trade Agreement (DR-CAFTA).
Arbitration would be the third step in the process outlined under the DR-CAFTA, to compel a nation to enforce its labor obligations under the agreement. Last May, the United States requested a meeting of the Free Trade Commission—which includes ministers of the member countries—when consultations failed to resolve the dispute. The commission met last June.
AFL-CIO President Richard Trumka applauds the decision, saying it protects workers’ safety and voices. Read his full statement here.
[The] announcement is an important milestone in the effort to enforce the obligations made in trade agreements and protect the rights of workers in the U.S. and overseas.
In 2008, the AFL-CIO and six Guatemalan unions filed a complaint with the Labor Department outlining the systemic failure of the government of Guatemala to enforce its own labor laws or to take reasonable action to prevent violence against trade unionists.
In 2009, the International Trade Union Confederation (ITUC) named Guatemala the second most dangerous country for trade unionists, behind Colombia. Click here to read a Solidarity Center report on workers’ rights in Guatemala.
U.S. Trade Representative Ron Kirk says, “We need to see concrete actions to protect the rights of workers as agreed under our trade agreement, and we are prepared to act to obtain enforcement of those rights when and where necessary.”
Secretary of Labor Hilda Solis adds:
This is the first labor case brought to dispute settlement by the United States under a free trade agreement. We are committed to ensuring that U.S. businesses and workers compete on a level playing field.
The Obama administration announced the action as it is gearing up to seek approval of the three pending free trade agreements with Korea, Colombia and Panama when Congress returns from the August recess. The three pending agreements all contain improved labor and environmental provisions, but those provisions still are not as strong as workers in the countries would like. The AFL-CIO recently reaffirmed its opposition to the Colombia deal.
