Guatemala Campaign Update -- Dec. 6 National Call-in Day! Via NY Transfer News * All the News That Doesn't Fit source - Campaign for Labor Rights Labor Alerts (11,500 subscribers), a free service of: Campaign for Labor Rights, 1247 "E" Street SE, Washington, DC 20003. Phone: 202-544-9355, fax: 202-544-9359 Trim Bissell, National Co-Coordinator Daisy Pitkin, Co-Coordinator, Zakiyyah Jackson, Development Coordinator Web site: CLR is a member of the Alliance for Global Justice. To subscribe/unsubscribe, email <><><><><> CLR Labor Alert posted November 29, 2001 In this Alert: 1. Guatemalan Workers Fight for Unions in Two Factories -Chioshin and Cimatextiles. 2. More Assaults - physical and sexual assaults continue against union leaders. 3. Impunity Continues - violent attackers still go unpunished. 4. National Call-In Day, Dec.6 - put pressure on the Guatemalan Gov. to act! 5. Guatemalan Consulates and Embassy - contact and location information. 6. Chronology of the Case - Background. 7. Role of Liz Claiborne 8. Correction - Apologies for our mistake. [Information in this Labor Alert provided by US Labor Education in the Americas Project, www.usleap.org] <><><><><> GUATEMALAN WORKERS FIGHT FOR UNIONS IN TWO FACTORIES Workers seeking to organize unions at two apparel factories in Guatemala called Cimatextiles and Choishin. Both of these factories are owned by a Korean-based company called Choi & Shin's and produce for, among others, Liz Claiborne. Workers met fierce resistance from the employer at the onset of the union campaign when mobs of workers and supervisors, apparently orchestrated by the management who said they would close the plants if the union wasn't ousted, attacked the union supporters July, 2001. Despite the Guatemalan Labor Minister's convening of two separate meetings and overseeing two separate agreements (one on July 25th and another on August 9th) and some intervention from Liz Claiborne, the anti-union activity at the factory continues. <><><><><> MORE ASSULTS On October 26th, a male union leader reports that he is assaulted by a private security guard hired by the management after that guard had inappropriately frisked many women union leaders. The union filed a complaint with the special prosecutor for violence against trade unionists. This office is not part of the Labor Ministry, but part of the Ministry of the Interior. The incident led the Guatemalan Labor Minister to convene a meeting with the union and the company. During the meeting, the Labor Minister threatened Choi & Shin's export license (which is necessary to export goods out of Guatemala) if violent incidents continue and re-newed his call for bi-weekly meetings to review company compliance to labor law and former agreements (the bi-weekly meetings have yet to happen, although they were first called for in July). <><><><><> IMPUNITY CONTINUES The violations of the Choi & Shin's management and the participants of the mob that attacked the union supporters on July 17th and 18th of this year still go unchecked. Despite the fact that the union supporters filed charges with the special prosecutor for violence against trade unionists, thus far, appropriate action has not been taken against the participants of the violent mob. Workers report that the special prosecutor for violence against trade unionists tried to mediate a solution rather than processing the charges brought against participants of the mob and that the company has only placed notes on the incident in the files of the participants of the mob. Also, on November 21st, the Public Minister convened the union and the accused for a meeting to discuss the criminal case and never showed up! This lack of appropriate action sends a message of implicit endorsement of the mob action by the company and the government, which has only contributed to the negative environment in the factory for those workers fighting for the right to organize. Impunity enjoyed by those who violate labor law or attack trade unionists is part of a long-standing trend in Guatemala (the SITRABI banana union attack and inadequate trial of the attackers earlier this year is another example). This impunity is granted in the face of threats of loss trade benefits through the Generalized System of Preferences, a trade law that allows benefits on the condition of respect for worker rights. The AFL-CIO renewed the request to review Guatemala's eligibility for these benefits with the support of the Guatemalan trade unions after the Choi & Shin's workers were attacked. Victims of violent action should not be required to be self-promoting for the criminal case to be processed! Action is needed to escalate the pressure on the Guatemalan government to take its responsibility to uphold local law and prosecute those involved in the violent mob that attacked the Choi & Shin's union supporters! <><><><><> NATIONAL CALL-IN DAY: Thursday, December 6th, 2001. Call the Guatemalan Embassy or Consulate nearest you! (See below) On December 6th, join labor rights supporters from across the country calling the Guatemalan Embassy or Consulates about the situation at Chioshin and Cimatextiles in Guatemala. Each of these offices has a broad jurisdiction, so even if you're not in one of the cities listed below, there is an office that is responsible for your area of the country. CHECK THE JURISDICTIONS AND MAKE THE CALL ON DECEMBER 6TH! Tell the Guatemalan Government: ~ The impunity enjoyed by the participants of the violent mob in July is part of a long-standing trend of impunity enjoyed by those who commit violence against trade unionists in Guatemala and it must end! We appreciate the swift action taken by the Labor Ministry in convening meetings between the parties, but have seen significant non-compliance in the subsequent agreements and inadequate follow-up by the office of the special prosecutor for violence against trade unionists. Prosecution of the violent offenders and enforcement of the agreements are the responsibility of the Guatemalan government. Continued neglect of these duties may put at risk Guatemala's trade benefits that are conditioned on respect for worker rights under the Generalized System of Preferences. ~ Another Action Opportunity: Amnesty International and NISGUA are coordinating actions at the Guatemalan consulates and embassy on December 5th to protest impunity and attacks on human rights defenders. The Choi & Shin's case isn't in the list of demands, but the message is the same: stop impunity in Guatemala! Contact Carrie Ferrance at NISGUA for more information at Tel: (202) 518-7638 or Email: nisgua@igc.org. <><><><><> GUATEMALAN CONSULATES AND EMBASSY: LOS ANGELES Fernando CASTILLO Consul 1605 W. Olympic Blvd. #422 Los Angeles, CA. 90015 Tel (213) 365-9251 / 2 Fax (213) 365-9245 mail@guatemala-consulate.org Jurisdiction: Alaska, Arizona, California, Colorado, Hawaii, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming SAN FRANCISCO Erika SHARRON Consul General 870 Market St. #667 San Francisco, CA. 94102 Tel (415) 788-5651 Fax (415) 788-5653 guate-sf@sfconsulguate.org Jurisdiction: Alaska, Arizona, California, Colorado, Hawaii, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming MIAMI Elizabeth DE FUENMAYOR Consul General 1101 Brickell Ave. #1003S Miami, FL. 33131 Tel (305) 679-9945 / 48 Fax (305) 679-9983 conguafin@bellsouth.net Jurisdiction: Alabama, Florida, Georgia, North Carolina, South Carolina CHICAGO Marta Aida ARGUETA Consul General 200 N. Michigan Ave 6th Flr. Chicago, IL. 60601 Tel (312) 332-1587 Fax (312) 332-4256 conguatch@aol.com Jurisdiction: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, North Dakota, South Dakota, Wisconsin. NEW YORK Rosa Marķa MERIDA DE MORA Consul General 57 Park Avenue New York, NY. 10016 Tel (212) 686-3837 Fax (212) 889-5470 conguatny@aol.com Jurisdiction: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont. HOUSTON Alejandro DE LEON Consul General 3013 Fountain View Suite 210 Houston, TX. 77057 Tel (713) 953-9531 Fax (713) 953-9383 consulguat@aol.com Jurisdiction: Arkansas, Kansas, Lousiana, Oklahoma, Nebraska, Missisippi, Texas. WASHINGTON, D.C. Ariel Rivera Irķas Ambassador 2220 R Street, N.W. Washington, DC. 20008 Tel (202) 745-4952 Fax (202) 745-1908 ambassador@guatemala-embassy.org Jurisdiction: Delaware, Kentucky, Maryland, Ohio, Puerto Rico, Tennessee, Virginia, West Virginia, Washington DC. <><><><><> CHRONOLOGY OF CASE: *July 9th: After a yearlong clandestine campaign, workers organizing unions at the Choishin and Cimatextiles factories go public. *July 18th and 19th: the anti-union campaign culminated with two days of violence in the factories when mobs attacked union supporters, threatening to lynch them while throwing rocks, bottles, and food. Ten union leaders were forced to sign resignation letters during the attacks. Immediately, the international campaign to pressure Liz Claiborne and the Guatemalan government to respect workers rights ensues. *July 25th: 1) A meeting is convened by the Guatemalan Labor Minister in which an agreement is reached. 2) The Labor Minister granted both unions legal recognition. 3) Liz Claiborne sends open letter to workers supporting the right to join a union (or not) and stating their intent to stay at the Guatemalan Choi & Shin's factory as long as quality remains consistent. 4) A new request to review Guatemala's eligibility for trade benefits conditioned upon respect for worker rights under the Generalized System of Preferences is issued to the U.S. Trade Representative with the support of Guatemalan unions. *August 9th: Illegal firings and other violations of the July 25th agreement forces a second round of negotiations in which a second agreement was signed on Aug. 9th. *September 1st - 3rd: The factories are closed for a day and a half of normal work time. Workers report management use the closing to instill fear in the workers in hopes that they would resign. Factory does reopen and everyone is allowed back to work, however, the days are taken out of the legally mandated 15-day vacation for the winter holidays. *October 26th: A private security guard hired by the management reportedly assaults a male union leader and inappropriately frisks many women union leaders. The union files a complaint with the special prosecutor for violence against trade unionists - the same office that has not taken appropriate action against the participants in the mob action in July. *October 31st: The Guatemalan Labor Minister convenes a meeting with the union and the company to discuss the latest assault and threatens Choi & Shin's export license (which is necessary to export goods out of Guatemala) if violent incidents continue. Labor Ministry also re-institutes bi-weekly meetings to review company compliance to labor law and former agreements. *November 21st: The Public Ministry fails to attend a meeting convened by that office to discuss the case against the participants of the violent mob in July, 2001. Meanwhile, a meeting between the Labor Minister, the union, and the company is convened as per the Labor Minister's condition for Choi & Shin's keeping its export license. The meeting breaks when Choi & Shin's uses a technicality to avoid engaging in discussion. ~As of November 25th: While the worst behavior has stopped, violations continue daily including: 1) lies about the legality of the unions at the factory 2) threats to close the factory if the union is able to negotiate a collective bargaining agreement 3) intimidation of union members 4) workers are pressured to resign 5) abusive supervisors. <><><><><> ROLE OF LIZ CLAIBORNE Liz Claiborne is at the forefront of brand-name U.S. apparel companies who are active in taking on the issue of corporate responsibility and sweatshops. Thus far, Liz Claiborne has taken some steps to support the right to organize at the Choi & Shin's factory, such as engagement with the Choi & Shin's management and sending a letter directly to the workers stating their support of the right to join a union on July 25, 2001. However, Liz Claiborne has not yet taken action that has resulted in a free and fair environment in the factories and remains under pressure to do so. <><><><><> CORRECTION -- APOLOGIES FOR OUR MISTAKE... In our last alert, US/LEAP reported that union members at the Choi & Shin's factories were reportedly facing trumped-up charges of criminal activity. It seems that while some union members were interrogated, that many non-union workers were, as well, and this was not a case of anti-union activity. Apparently, there was a theft at the factory and two former security guards have been charged. We apologize for the misinformation and thank you for understanding. ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytcamer-11.30.01-04:55:31-15672