By Lyndsey Kelly
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – On 26 April 2013, the United States and Guatemala signed an 18-point Enforcement Plan, which defined necessary actions for Guatemala to take in order to strengthen labor law enforcement. While Guatemala had adopted a number of the outlined reforms, it has failed to comply with the standards spelled out in the country’s trade agreement with the United States. The United States has thus moved to pursue a case against Guatemala that could potentially lead to serious fines.

Michal Froman, the United States Trade Representative, declared that he would move forward with the case in hopes that Guatemala would make “concrete improvements” in enforcing labor laws. Stating the goal for taking action against Guatemala is “to ensure that Guatemala implements the labor protections to which its workers are entitled.” Guatemala has a history of substandard labor laws including: the refusal of Guatemalan employers to pay minimum wages, the refusal of both public and private employers to make Social Security payments, and the denial of workers’ rights to organize and freely associate.

According to the American AFL-CIO labor federation, Guatemala is the “most dangerous country in the world for trade unionists.” Within the last five years there have been numerous reports of activists being kidnapped and murdered for organizing workers in the agriculture and construction industries.

The AFL-CIO has criticized Guatemala’s remedies in place to protect workers written into trade agreements, calling them “weak.” In order to address these claims the Guatemalan government agreed last year to follow a plan to address the country’s labor law violations. The United States Trade Representative acknowledged Guatemala’s progress, however Froman states that the country failed to pass important laws regulating practices of employers and punishing those who breach labor laws.

Froman stated that the complaint issued was a means of helping Guatemala a safer place to live and work. He stated, “we remain hopeful that Guatemala can achieve a resolution that results in concrete improvements for workers on the ground and sends a positive signal to the world that would help attract investment, expand economic activity, and promote inclusive growth.”

 

For more information, please see the following:

 

AFL-CIO –  Whats Happening To Workers In Guatemala? – 24 Oct. 2013.

HUFFINGTON POST- U.S. Smacks Guatemala Over Worker Rights, Opens Trade Case – 18 Sept. 2014.

REUTERS – United States Steps Up Pressure On Guatemala Over Labor Rights – 19 Sept. 2014.

UNITED STATES TRADE REPRESENTATIVE –  United States Continues to Press Guatemala On Enforcement Of Workers Rights – 24 Oct. 2013.