VZCZCXRO0243
RR RUEHLA
DE RUEHGT #0647/01 1882340
ZNR UUUUU ZZH
R 072340Z JUL 09
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 7745
INFO RUEHLA/AMCONSUL BARCELONA 0097
RUEHC/DEPT OF LABOR WASHDC

UNCLAS SECTION 01 OF 02 GUATEMALA 000647 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR DRL/ILCSR, DOL FOR PCHUCH, USTR FOR LAURA BUFFO 
 
E.O. 12958: N/A 
TAGS: ELAB KJUS KDEM PHUM PGOV ECON GT
SUBJECT: RE-CAP OF USG ACTIONS IN CAFTA-DR LABOR COMPLAINT 
 
¶1. (U) Summary:  As the mid-July deadline for reassessment of 
the CAFTA-DR labor complaint draws near, Post would like to 
highlight the numerous actions taken by various USG agencies 
to encourage the GOG to recognize the significance of and to 
undertake the recommendations made in DOL's Public Report of 
Review of Office of Trade and Labor Affairs U.S. Submission 
2008-01 (Guatemala).  A description of the actions taken by 
the USG since the release of the Public Report, January 16, 
2009, follows.  End Summary. 
 
Release of Report 
----------------- 
¶2. (U) DOL released The Public Report of Review of the Office 
of Trade and Labor Affairs U.S. Submission 2008-01 
(Guatemala) on January 16, 2009.  The day the report was 
released, DOL and Post held a conference call with the Vice 
Minister of Labor and the Ministry of Labor POC, during which 
a copy of the report was delivered to the Vice Minister.  In 
addition, a copy of the report was hand-delivered to the MFA. 
 DOL followed up the report with a phone call and a letter to 
the Vice Minister of Labor. 
 
Actions by Post 
--------------- 
¶3. (U) In February, Emboffs delivered a demarche to the Vice 
Minister of Economy, the Vice Minister of Foreign Affairs, 
the coordinator of the GOG's Inter-Agency Commission on Labor 
Relations, and the Minister and Vice Minister of Labor and 
their Special Advisor.  Also in February, the Ambassador 
raised U.S. concerns regarding the CAFTA-DR complaint and the 
enforcement of labor laws with President Colom, the Foreign 
Relations Minister, the Minister of Finance, and the Attorney 
General. 
 
¶4. (U) Post continues to monitor the situation through 
routine contacts with the AFL-CIO's Central America office, 
the unions mentioned in the report, and members of the GOG. 
 
Actions in Washington 
--------------------- 
¶5. (U) At the end of February, DOL's Acting Deputy Under 
Secretary (DUS) for International Affairs held a bilateral 
meeting with Minister of Labor Rodriguez, in which 
representatives from the Embassy of Guatemala, USTR, and the 
Department of State participated. 
 
¶6. (U) In March and April, DOL's Acting DUS for International 
Affairs met with and sent a follow-up letter to the 
Guatemalan Ambassador to the United States.  Both 
communications were a request for updates on the GOG's 
efforts to address the issues raised in report.  On April 27, 
DOL received an update, but, aside from mentioning the date 
for a hearing for a suspect in one of the cases, the update 
included no new information. 
 
¶7. (U) DOL met several times with and received ongoing 
updates from AFL-CIO officials, the originators of the 
complaint.  The most recent update was received June 3, and 
included reinstatement orders issued by the judicial branch 
(organismo judicial) for 12 workers in the Fribo case. 
 
Most Recent Pushes for GOG Action 
--------------------------------- 
¶8. (U) On May 13, USDOL and Post hosted a video conference 
with representatives from various GOG ministries, including 
the Minister of Economy, the Vice Minister of Foreign 
Affairs, the Vice Minister of Labor, and representatives from 
the Ministry of Government and the Public Ministry.  During 
the video conference, USG learned that the six Avandia 
workers with outstanding reinstatement orders were to be 
reinstated on May 21 and paid their back wages.  The workers 
were reinstated, as promised, but have not yet received their 
back pay. 
 
¶9. (U) Other recent USG interventions include a meeting 
between WHA Deputy Assistant Secretary Robinson, the Minister 
Qbetween WHA Deputy Assistant Secretary Robinson, the Minister 
of Economy, and the Vice Minister of Labor to highlight the 
importance of the complaint; a meeting between Emboffs, a 
representative from DRL, the Ministry of Government, the 
Ministry of Labor, members of the unions and the AFL-CIO 
Central America representative; a visit by Emboffs to the 
Bandegua banana plantation named in the complaint; and a 
meeting with members of SITRABI regarding the submission of 
another request for security to the Ministry of Government. 
DOL has since sent a letter to the Minister of Government, 
urging him to respond promptly to SITRABI's request. 
 
¶10. (SBU) Comment:  Various representatives of the USG have 
made numerous contacts with GOG officials, attempting to 
 
GUATEMALA 00000647  002 OF 002 
 
 
engage them and highlight the importance of the Public 
Report.  Embassy and other USG officials have reiterated the 
need for GOG to move decisively, to address the 
recommendations in the report, and to think of systemic 
changes.  However, commitment to successful resolution of the 
cases varies greatly depending on the particular Guatemalan 
Government ministry.  For example, the Ministry of Economy, 
which is responsible for implementation of CAFTA-DR, seems 
very engaged.  However, the semi-autonomous Public Ministry, 
already overwhelmed by endemic violence, seems less 
committed.  While genuine efforts have been made to resolve 
the five cases cited in the complaint, progress has been 
uneven and little has been done to resolve systemic problems. 
 Post does not object to the commencement of formal 
consultations and does not believe such a move would have a 
serious detrimental impact on bilateral relations.  However, 
it is unclear whether formal consultations will spur more 
energetic action by the GOG. 
McFarland