The US must seek labour guarantees in trade agreements
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Notimex | 9 August 2011
Free translated by Anoosha Boralessa in March 2015; not reviewed or revised by bilaterals.org or any other organization or person.
The US must seek labour guarantees in trade agreements
Washington, 9 August (Notimex) — Defenders of labour rights celebrated today the US request to establish an arbitral panel to analyse Guatemala’s non compliance with labour rights under a free trade agreement (FTA).
Vicky Gass, an analyst from the Washington Office for Latin America (WOLA) said that this marks the first time that the US has taken this decision under the Free Trade Agreement with Central America and the Dominican Republic, (CAFTA-DR). “This is significant.” She asserted:
"However, the Guatemalan government apparently failed to apply its labour laws while CAFTA-DR was being negotiated and after that treaty had been signed.”
The expert added that treaties must include "much tougher sanctions" to prevent governments from avoiding their promises. Also the United States must expect countries to take action prior to signing agreements as is happening in the case of the FTA now waiting to be signed with Colombia.
The US trade representative Ron Kirk commented that Guatemala’s non compliance covers laws that protect the freedom of association, the right to organize and the right to sign collective agreements as well as guarantees of acceptable conditions for work.
The President of the US Federation of Labour and the Congress of Industrial Organizations (AFL-CIO), Richard Trumka, asserted that Guatemala "already has a history of failing to meet its obligations".
He pointed out that in 2008, the trade union centre gathered together with trade unions from Guatemala to establish a claim before the Ministry for Work and Social Welfare of Guatemala for violations of its labour rights and for failing to take action to prevent violence against trade unionists.
The US Secretary of Work, Hilda Solis opined that this decision demonstrates how determined the Obama administration is to “ensure compliance with labour obligations that form an integral part” of FTAs.
She asserted:
"the persistent failure on the part of the Government of Guatemala to respond to systematic problems in the application of labour laws has left the US Government with no other option than to take this action”
The case followed the complaint lodged by six Guatemalan workers in April 2008 claiming that the government of Guatemala had violated its treaty obligations.
The two governments held consultations in September and December 2010. However the White House indicated that these had not been productive.
