VZCZCXRO4285
RR RUEHLA
DE RUEHGT #0264/01 0781340
ZNR UUUUU ZZH
R 191340Z MAR 09
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 7150
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHME/AMEMBASSY MEXICO 5138
RUEHLA/AMCONSUL BARCELONA 0056
RUEHC/DEPT OF LABOR WASHDC

UNCLAS SECTION 01 OF 02 GUATEMALA 000264 
 
SENSITIVE 
SIPDIS 
 
DOL FOR PCHURCH 
DEPT FOR WHA/CEN, WHA/EPSC, EEB/BTA, AND DRL/ILCSR 
DEPT PLEASE PASS TO USTR CARLOS ROMERO 
 
E.O. 12958: N/A 
TAGS: ELAB ECON ETRD PGOV PHUM PREL KJUS KDEM GT
SUBJECT: AFL-CIO SOLIDARITY CENTER SUGGESTS STEPS TO 
IMPROVE GUATEMALAN LABOR COMPLIANCE 
 
REF: A. GUATEMALA 169 
     ¶B. GUATEMALA 145 
     ¶C. GUATEMALA 140 
 
¶1. (U) Summary:  The Ambassador and Laboff met with AFL-CIO 
Solidarity Center Central America representative Rob Wayss on 
March 13 to review labor issues and to discuss ways to 
improve labor compliance.  Responding to Wayss' concerns 
about the reporting of alleged labor crimes in the annual 
Human Rights Report, the Ambassador expressed post's 
commitment to report the full range of views on this 
controversial matter.  Wayss committed to providing a more 
accurate and better documented estimate, by categories, next 
year.  He criticized the CAFTA-DR Labor Submission Report for 
its failure to recommend immediate consultations, but praised 
its accurate and comprehensive content.  Among other 
recommendations, he urged the GOG to suspend or cancel export 
licenses of employers who violate labor laws and to 
criminally sanction violators, as recommended in the 
Submission Report.  The Ambassador committed to following up 
with the GOG on the report and Wayss' recommendations.  End 
Summary. 
 
¶2. (SBU) On March 13, the Ambassador and Laboff met with Rob 
Wayss, AFL-CIO Solidarity Center Central America 
Representative, to discuss labor issues and ways to improve 
labor compliance in Guatemala.  The Ambassador began by 
clarifying that there was no intent to under-report labor 
killings in our Human Rights Report.  He noted that while it 
is impossible to get an accurate estimate of killings for 
particular motives in Guatemala, the Embassy will report 
AFL-CIO Solidarity Center estimates in addition to other 
statistical sources in the future.  He stressed that, as 
Wayss pointed out, if there is a labor conflict the 
presumption has to be that a killing of a labor leader is not 
coincidental.  Wayss, for his part, committed to providing us 
a more accurate and better documented estimate of labor 
killings, with breakout statistics by categories, next year. 
He explained the AFL-CIO view that if a union leader or 
member is killed during a time of labor conflict it has to be 
considered a labor-related killing in the absence of credible 
evidence to the contrary. 
 
¶3. (SBU) Wayss discussed a recent attack against a 
construction workers' union, theft of items from the union 
office, the killing of the union's legal advisor, and a 
threat against the union's Secretary of Conflicts in 
Coatepeque (ref C).  According to Wayss, the union went to 
the Special Prosecutor's Office for Crimes Against 
Journalists and Unionists to present a complaint but was told 
that they have to file it in Coatepeque where the crimes had 
occurred.  Eventually, the Special Prosecutor's Office 
accepted the complaint, but only after a journalist 
accompanied the group into the office.  Wayss stressed that 
cases brought to the Special Prosecutor's Office should be 
accepted and treated as labor killings in the absence of 
evidence to the contrary rather than treated as common 
crimes.  He also stressed the need for security, especially 
for those who file complaints.  In most cases, he said, 
requests for security are not honored with "the excuse of 
lack of resources."  He said that since October 2007, the 
Banana Workers' Union of Izabal (SITRABI) had been requesting 
security from the Ministry of Government.  Bandegua had 
created a police substation to patrol the farm, but there had 
Qcreated a police substation to patrol the farm, but there had 
been no follow-up.  According to Wayss, the PNC did not 
provide personnel to man the station. 
 
¶4. (SBU) Wayss noted that in the Pedro Zamora murder case, 
the labor movement had made three requests to see the 
detained suspect, which he pointed out is a citizen's 
constitutional right, but the GOG had not honored the 
request.  Wayss related a rumor that the suspect had posted 
bail and was no longer in custody.  The Ambassador said he 
met on March 12 with the Attorney General, who confirmed the 
arrest of the suspect and told him that the investigative 
phase of the case would end in early April, at which point 
they would initiate a formal trial.  He said that the Embassy 
would follow up to confirm whether the suspect was still in 
custody and press authorities to provide a response to the 
labor movement's request. 
 
¶5. (SBU) Wayss said that the AFL-CIO criticized the CAFTA-DR 
Labor Submission Report for its failure to recommend formal 
consultations, but praised the content of the report, 
 
GUATEMALA 00000264  002 OF 002 
 
 
particularly in documenting the failure of the GOG to meet 
its commitments under CAFTA-DR.  He noted that in some cases 
the report even went beyond what the AFL-CIO and local unions 
had alleged.  On March 5, the AFL-CIO sent a letter to Rep. 
George Miller, Chairman of the House Committee on Education 
and Labor, criticizing the report.  According to Wayss, the 
AFL-CIO remains disappointed and critical of GOG performance 
on labor rights.  In its view, there has been no progress on 
the CAFTA labor complaint and on enforcement and compliance 
of labor laws.  The Ambassador noted that he demarched 
President Colom and that Embassy officers have demarched 
senior-level officials in the Ministries of Foreign Affairs, 
Economy, and Labor, urging GOG action to improve labor rights 
(refs A, B).  He suggested that the weak link is the Minister 
of Labor, who does not seem convinced that there is a 
problem.  Wayss thanked the Ambassador for his intervention, 
and asserted that the problem is lack of political will, not 
lack of knowledge or lack of resources. 
 
¶6. (SBU) When asked what could be done to improve labor 
compliance, Wayss noted that the penalties under CAFTA-DR are 
inadequate to deter violators and to change the political 
climate.  He expressed hope that under the new Obama 
Administration the terms of the free trade agreement would be 
reconsidered.  He noted that the CAFTA-DR Labor Submission 
Report cites a number of specific recommendations, including 
suspending or canceling export licenses of employers who 
violate labor laws; utilizing police when labor inspectors 
are denied entry into factories; and criminally sanctioning 
employers for failure to comply with the law, all of which 
the GOG should implement.  Wayss also suggested that the 
Embassy recommend formal consultations on the issues raised 
in the CAFTA labor submission; invite a high-level 
inter-agency delegation, with members of Congress, to 
Guatemala; and press the GOG to insist that factory owners 
reinstate workers and pay back-wages, as mandated by court 
order.  Wayss pointed out that the GOG has the authority to 
utilize these measures but that it simply is not doing so. 
He noted, for example, that failure to pay social security 
benefits is "a systemic violation" of workers' rights, and 
urged the USG to send a message that this is a violation of 
labor rights and subject to CAFTA-DR. 
 
¶7. (SBU) As a personal request, Wayss asked the Embassy to 
intervene with the Guatemalan Social Security Institute 
(IGSS) on behalf of the widow of murdered SITRABI leader 
Marco Tulio Ramirez, regarding her social security benefits. 
The Ambassador committed to looking into the issue as well as 
continuing to follow up with the GOG on the labor complaint 
and Wayss' suggestions.  He noted that the President's Office 
and the Cabinet are open to discussion but acknowledged that 
it will require a high level of sustained pressure, which he 
is prepared to exert, to move the GOG to act. 
McFarland