VZCZCXYZ0011
PP RUEHWEB

DE RUEHGT #0145/01 0481203
ZNR UUUUU ZZH
P 171203Z FEB 09
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC PRIORITY 6957
INFO RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHME/AMEMBASSY MEXICO 5082

UNCLAS GUATEMALA 000145 
 
SENSITIVE 
SIPDIS 
 
DOL FOR PCHURCH 
DEPT FOR WHA/CEN, WHA/EPSC, EEB/BTA, AND DRL/IL 
DEPT PLEASE PASS TO USTR CARLOS ROMEO 
 
E.O. 12958: N/A 
TAGS: ELAB ECON ETRD PGOV PHUM PREL GT
SUBJECT: DEMARCHE ON CAFTA-DR LABOR SUBMISSION REPORT 
 
REF: STATE 10202 
 
¶1. (U) The Ambassador, DCM, and Embassy officers have met 
with the full range of GOG officials since January 16 to 
discuss the CAFTA-DR Labor Submission Report and to seek 
prompt and effective cooperation to address the concerns 
raised in the report.  Embassy officers delivered reftel 
demarche and non-paper to senior GOG officials to underscore 
the importance of effective enforcement of labor laws by our 
CAFTA-DR partners and to ensure a process for implementing 
the recommendations in the report.  The Ambassador will seek 
an opportunity to raise this issue with President Colom 
soonest. 
 
¶2. (SBU) On February 11, Pol/Econ Counselor demarched Lars 
Pira, Vice Foreign Minister and coordinator of the GOG,s 
Inter-Agency Commission on Labor Relations in Guatemala. 
Specifically, Pol/Econ Counselor indicated that the USG would 
carefully monitor the GOG,s follow-up actions during the 
next six months to implement the DOL recommendations and 
otherwise address the concerns raised in the report.  Failure 
to act would be met with deep USG concern and would likely 
trigger formal consultations, and possibly other 
consequences.  Pira indicated he understood that quick, 
decisive, and coordinated state action was urgently needed. 
He said he would call an immediate meeting of the 
inter-agency commission to review progress to date and plan 
next steps.  Pira committed to communicating the outcome of 
that meeting to Pol/Econ Counselor.  Pol/Econ Counselor said 
the Ambassador would soon seek a meeting with Foreign 
Minister Rodas to underline the importance of this issue. 
 
¶3. (SBU) The same day, Pol/Labor Officer demarched Labor 
Minister Edgar Rodriguez, Vice Labor Minister Mario Illescas, 
and Special Advisor Guillermo Gandara.  Pol/LabOff stressed 
the seriousness of DOL's findings and the need for the GOG to 
demonstrate advances in enforcing its labor laws and 
implementing the recommendations in the report within 180 
days from the date of issuance of the report (January 16) to 
avoid formal consultations.  Pol/LabOff requested that the 
GOG regularly communicate with Embassy its progress in 
implementing the recommendations.  Vice Minister Illescas and 
Special Advisor Gandara said that on February 9 they had 
requested clarification on Part B of the recommendations 
regarding Cooperative Labor Consultations from Acting Deputy 
Under Secretary for Labor Marcia Eugenio.  They noted that 
Article 16 of CAFTA-DR does not specify a 180-day review 
period, and questioned the basis for the 180-day timeline. 
(Note:  DOL is working on a response to the Ministry of 
Labor.  End note.) 
 
¶4. (SBU) Labor Minister Rodriguez underscored the Ministry's 
political will to address the issues raised in the report and 
to comply with the labor provisions in CAFTA-DR, but stressed 
that mediation requires political ill on both sides.  He 
noted that the Coalition f Avandia Workers and SITRAGUA (a 
federation of local unions) do not seem interested in 
resolving the outstanding issues.  He said Avandia agreed to 
compensate the workers, but they chose to keep fighting. 
Rodriguez said it is important to convey the message that the 
GOG is demonstrating political will, but the unions are 
refusing to accept what is offered.  He also pointed out that 
there are several groups, such as SITRAGUA and the National 
Front for Struggle, that are not legally registered yet are 
demanding to be treated as labor organizations.  He believed 
Qdemanding to be treated as labor organizations.  He believed 
that the upcoming Labor Ministerial Conference (Feb. 23-25) 
in Washington would be an opportune time to further discuss 
the findings and recommendations in the report. 
 
¶5. (SBU) Vice Minister Illescas reported that the 
Inter-Agency Commission on Labor Relations met on February 6 
to discuss the recommendations in the report and to assign 
each recommendation to the appropriate ministry for action. 
The ministries committed to providing a progress report to 
the commission each month during the group's regular monthly 
meetings.  The Ministry of Labor has contacted the legal 
representatives of Avandia, Fribo, and INPROCSA to mediate. 
In addition, on February 10, the Tripartite Labor Commission, 
comprised of representatives of the Ministry of Labor, 
employers, and employees, requested a formal meeting with the 
Attorney General, along with the Chief Prosecutor of the 
Special Unit for Crimes Against Journalists and Unionists and 
the Secretary of Technical Coordination, to discuss certain 
aspects of inter-agency coordination to strengthen labor 
relations.  Specifically, the Commission will present its 
recommendation to transfer the SITRABI murder case from the 
Prosecutor's Office in Morales, Izabal to the Public Ministry 
(Attorney General's Office) in the capital.  Illescas 
explained that only the Attorney General or his Secretary of 
Technical Coordination can request such transfers. 
 
¶6. (SBU) On February 10, at a representational event, Econoff 
spoke with Ruben Morales, Vice Minister of Economy, 
explaining the urgency of scheduling a meeting to discuss the 
findings and recommendations in the CAFTA-DR Labor Submission 
Report.  Vice Minister Morales told econoff that he had "felt 
relieved when he had heard that the Department of Labor had 
decided not to take action against Guatemala."  Econoff told 
him that that was a mistaken interpretation and that there 
was deep concern in Washington over the labor situation in 
Guatemala.  Econoff pointed out that there were a series of 
recommendations that the USG hopes Guatemala will implement 
during this 180-day review period.  He discussed the possible 
consequences of GOG failure to act. 
 
¶7. (SBU) Morales responded that he was not aware that the 
matter was so serious.  He committed to a meeting on February 
18, upon his return from trade negotiations in Panama, to 
discuss the issue in depth.  Econoff noted that this issue 
was being raised in various ministries, including the Foreign 
and Labor Ministries.  Morales said he was glad that the 
message was being widely disseminated as that would 
facilitate inter-ministerial coordination. 
McFarland