> Christian Task Force on Central America--URGENT ACTION-GUATEMALA > > October 29, 1996 > > Dear Friends, > > We received an update and request for urgent action > *Despite virtually no real progress on worker rights in Guatemala this > year, the U.S. Trade Representative (USTR) is expected to end the 4 year > old probation of Guatemala's duty-free trade benefits provided by the > Generalized System of Preferences (GSP). > The Arzu Government is undoubtedly making progress in ending the 35 year > old civil war and attacking corruption, and should be congratulated for > taking these steps. The U.S. Guatemala Labor Project (GLEP) and the > majority of Guatemalan trade unionists believe that these developments do > not represent concrete progress on worker rights. > In mid-October, petitioners U.S.GLEP, the AFL-CIO, the Union of > Needletrades, Industrial and Textile Workers (UNITE), and the International > Labor Rights Fund asked USTR to real progress on USTR's own benchmarks > before lifting review. While petitioners believe that endless extensions > of the probation undermines the credibility of the process, credibility > will be even more seriously undermined if USTR lifts review without some > clear progress on its own benchmarks. > It will call into doubt the credibility of any future benchmarks that might > be established and raise public questions regarding the committment of the > U.S. government to hold the Arzu government accountable to the worker > rights provisions of U.S. trade programs. > RECOMMENDED ACTION. > Please write or send a fax asking that before review is lifted:*USTR should > be assured that the leading labor centrals in Guatemala are fully consulted > on the new labor code revisions. Specifically that the revision will not > be a step backward in protecting the basic rights of workers. *USTR should > obtain three minimal steps on ending impunity: 1) the assignment of a > special prosecutor to investigate the Empresa Exacta case. 2) A report on > the status of the investigation into the case of Reynaldo Gonzalez and 3) a > status report on the cases of violence ited in the ILO Freedom of > Association report.* USTR should see continued evidence of mediation. In > particular, the Labor Minister should continue his personal involvement > ensuring full implementation of labor law with respect to all aspects of > the Phillips-Van Heusen negotiations. *USTR should receive an agreement > to open at least 2 new conciliation and reconciliation tribunals (of the > 24 legally required but not yet established) before the end of the year. > > -) On September 2 1996, members of the four-year-old union at Phillips-Van > Heusen's-PVH- two factories, Camosas I and Camosas II in Guatemala > undertook an organizing blitz over the Labour Day weekend in an effort to > sign up enough workers to oblige management to enter contract negotiations. > Approximately 100 workers responded by joining the union and signing a > petition requesting contract negotiations. > The union was established in 1992 after a long and bitter struggle against > PVH management. According to GLEP, the issue is that PVH Corporation has > refused to negotiate with the union for four years. The union, which has > been too weak to have the legal power to force PVH to negotiate, therefore > initiated a campaign on Labor Day weekent that has succesfully recruited > enough members to obligate the corporation to negotiate. > The PVH workers campaign for a contract is motivated in part by concerns > that PVH is shifting production from its own plants to substandard > ontractors who pay even less and have worse working conditions. > The U.S. Guatemala Labor Education Project -GLEP- investigation of some of > the PVH contractors found that they have been employing child labor, > failing to pay legally-required health insurance, failing to pay legally > required benefits and violating numerous laws. PVH has reportedly helped > finance the expansion of these contractors and workers report seeing > equipment being moved from PVH's own plants to these contractors. > PVH in Guatemala has engaged in a variety of carrot-and-stick tactics and > has merely said it will obey Guatemalan law with respect to the contract > request. If the company does not agree to direct contract negotiations > with the union, the issue will be taken to court. Because the judicial > system in Guatemala is totally ineffective, the workers' request for > contract negotiations could languish for years. Having the matter referred > to the courts is therefore a tactic intended to kill the contract request. > Intimidation and threats > Within an hour, at least 25 union supporters were ordered to go home. Some > were told there was no work for them, others that they should leave because > of their union activities. This intimidation violates National and > international law. Management intimidation is also violating an Injunction > PVH is under prohibiting discrimination against union supporters. > Supervisor Mario Canahui has threatened several trade unionists to use > violence against them. > Bribes -equal to 9 months pay -were offered to two workers to quit the > factory, and threats that the plant would close and workers would be left > without severance pay. > Despite the intimidation, the union has succeeded in signing up a > sufficient number of workers to obligate management to enter into contract > negotiations, and they have filed a petition for negotiations with the > Ministry of Labour. > Within hours of the filing of the petition in Guatemala, groups in major US > cities (Denver, Raleigh, Eugene, Portland, San Francisco and Chicago) were > leafleting stores that sell PVH products. > > Recommended Action > Please send a fax or letter to the Phillip Van Heusen Company requesting > *to fully respect basic rights and freedoms of the workers in Guatemala. > *To negotiate the collective agreement with the union, taking into account > the central demand of the workers and the fact that PVH has refused to > negotiate with the union for four years * To stop shifting production from > its unionized plants to substandard contractors. > > Appeals to: > U. S. T. R.epresentative > The White House > 1600 Pennsylvania Ave. N. W. > Washington, D. C. 20500 > Fax 1-202-395 3911 > > > Phillip Van-Heusen Company. > Bruce Klatshy, CEO > The Phillips-Van Heusen Corporation > 1290 Avenue of the Americas, > New York, N.Y. 10104 > Fax 1-212-247-5309 > > Letters of solidarity to the PVH workers are important to helping maintain > the morale of the workers. Messages can be faxed to them at STECAMOSA > UNION Fax 011 502-238-0413 or sent to them via e-mail to > [EMAIL PROTECTED] Please indicate PVH in the subject category. > Messages may be sent in English. > > THANK YOU FOR YOUR RESPONSE. > > > > >
