The May 3, 2009 marks a year of struggle for SITRAPETEN, a union composed of employees of the Distributor of the Petén. After the formation of SITRAPETEN, members were dismissed, and have since been subjected to attempts to bribe them to leave the union. In February this year, was ordered relaying. However, to date, the order has not been respected. In a context in which the General Council of the World Trade Organization has named "inadequate" protection of union rights SITRAPETEN members are still struggling. ACOGUATE they have enjoyed since 2008. (1)
The first of May is synonymous worldwide with the acquisition of rights. However, last year, just days after the International Day of Workers, the labor rights of a group of Guatemalan employees were violated after forming a union. In analyzing the trade union situation that currently exists in Guatemala, we see that this case is not isolated SITRAPETEN.
SITRAPETEN 's case
Employees of the Distributor of the Petén, which distributes Pure Water Lifeguard, began the process of formalizing a union in February 2007 to protest against low pay and pressure to meet quotas exaggerated. His attempts to register with the Ministry of Labour were rejected six times. (2)
The May 3, 2008, the company called on union members, informing them that they should resign from the Distribuidora Petén, as it was in bankruptcy . According to members of SITRAPETEN, other workers were offered contracts with four other companies, but the offer was not extended to them. (3) In front of the American Brewery, some workers protested against these actions of the company. This group of about 40 people were evicted by the National Police anti-riot forces, and members of the private security company. (4) In a climate of intimidation and threats, Fredy Morales, leader of SITRAPETEN, was shot a block his home on June 8, 2008 in unclear circumstances. Morales's death go unpunished. To date, SITRAPETEN members continue to face attempts to bribe them to stop their struggle. (5)
On February 6, 2009, the Sixth Court ordered the reinstatement of members of SITRAPETEN. To date, still not reinstated. Within the context of the Guatemalan trade union situation, the struggle for labor rights of the members of SITRAPETEN never going to be easy.
human rights violations of trade union
in a general area of \u200b\u200bhuman rights that has been classified by the Forum of Non Governmental Organizations (6), among others, as "worrying", the union formed the group defenders under threat. Data published by the Protection Unit Defenders of Human Rights in Guatemala (UDEFEGUA) (7) reported that between January and October 2008, trade unionists were victims more than a quarter (47) of all recorded attacks against human rights defenders (180).
Such attacks against trade unionists may contribute to the low level of participation in trade unions in Guatemala. The General Council of the World Trade Organization (WTO) in a report in February this year estimated the rate of unionization in only 3% of the workforce. The situation is even worse in the Export Processing Zones (the "maquilas"). (8) Moreover, the General Council reported that "Although Guatemala has ratified both ILO Conventions on trade union rights, protection of rights defined in them is totally inadequate. " (9)
The publication of the WTO report comes after the announcement in January this year by the Ministry of Labor, United States ( DOL for its acronym in English ) that five complaints from Guatemalan trade unionists April 2008 are considered serious violations of the Labor Code. However, the DOL advised that he would not resort to sanctions for breaches of the labor chapter of the Free Trade Agreement with Central America and Dominican Republic (DR-CAFTA , for its acronym in English ). (10) In an interview with ACOGUATE Edwin Alvarez of SITRAPETEN expressed his concern about this situation, saying he sees " something together (sic) support it, because if they saw that there really was a violation of labor rights that sanctions will be just ... if they have not punished Guatemala or do not want sanctions, which may have been misled. But not to be deceived, to send committees to see what really the working class itself is suffering Guatemala violations. "(11)
With the current economic crisis, there are concerns that the labor rights situation will worsen further. On 29 April this year, was scheduled to arrive A mission of the International Labour Organization (ILO) in Geneva, Switzerland with the aim of " facilitate a dialogue between the employers and the labor sector, in order to give effect to the Convention 175 . (12) This agreement allow part-time employment. However, discussion of the Convention here in Guatemala has caused much anguish. Rigoberto Dueñas, labor sector representative to the Tripartite Commission for Labor Affairs, shows concern that the Convention will result in the hiring of workers without contracts for an indefinite period, lack of employment benefits, or to facilitate the dismissal of thousands of workers. (13) Edwin Alvarez of SITRAPETEN repeats the same questions: " this situation, what comes to the worsening employment situation, because the entrepreneurs who are dedicated to exploit all workers are going to hire the workers with a time and no benefits and they are very easy under the law ... . (14)
continues the struggle for unionism ...
In June 2000, the Mission Verification Mission in Guatemala (MINUGUA) presented its report on labor rights, which said it was still present " the belief that the union is a source of problems and obstructs the smooth running of the company. It is essential to eradicate the use of dismissal as a means to prevent the exercise of the right of association for workers . (15) Nine years later and still no layoffs to avoid the right of association in Guatemala, as in the case of SITRAPETEN that May 3 was a year of struggle for their right to unionize. Written by ACOGUATE
ACOGUATE Photo: The new blanket SITRAPETEN facilities in front of the Palacio Nacional.
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Reference Notes:
1. For more information see Acoguate blog, July 18, 2008, workers Lifeguard - SITRAPETEN, www.acoguate.blogspot.com/2008_07_01_archive.html
2. See interview with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN, Acoguate, July 7, 2008, www.acoguate.blogspot.com/2008_07_01_archive.html
3. Conversation with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN, April 30, 2009
4. Ibid.
5. Several conversations with members of SITRAPETEN this year (2009)
6. Prensa Libre, December 10, 2007, denounced precarious human rights situation in Guatemala, www.prensalibre.com/pl/2007/diciembre/10/190082.html
7. Preliminary report on the situation of defenders of human rights in Guatemala for the period January to October 2008, UDEFEGUA
8. Report to the trade policy review of Guatemala by the WTO General Council, Geneva, 2 - 4 February 2009, www.ituc-csi.org/IMG/pdf/Examen_OMC_feb2009_-_Guatemala_final_SP.pdf
9. Ibid. 10.The
Journal, January 21, 2009, USA Guatemala does not penalize for labor violations, www.elperiodico.com.gt/es/20090121/economia/87421/
11.Entrevista with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN, April 28, 2009
12.Prensa Free April 28, 2009, Mission ILO seeks consensus to enforce the Convention 175
13.The www.prensalibre.com/pl/2009/abril/28/310966.html Newspaper, April 28, 2009, Executive flexible labor policy studies with the crisis, www.elperiodico.com.gt/es/20090428/economia/99088
14.Entrevista with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN, April 28, 2009
MINUGUA 15.Informe , 2000, cited in the Employment Rights (draft), Commission on Legal Empowerment of the Poor and the Association for Research and Social Studies, www.undp.org / legalempowerment / reports / National% 20Consultation% 20Reports / Country% 20Files/11_Guatemala/11_5_Labor_Rights.pdf
