[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34793-34794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13676]


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DEPARTMENT OF LABOR

Office of the Secretary


Bureau of International Labor Affairs; Office of Trade and Labor 
Affairs; Central America--Dominican Republic--United States Free Trade 
Agreement; Notice of Determination Regarding Review of Submission 
2008-01

AGENCY: Bureau of International Labor Affairs, U.S. Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that 
on June 12, 2008, Submission 2008-01 was accepted for review 
pursuant to Article 16.4.3 of Chapter Sixteen (the Labor Chapter) of 
the Central America--Dominican Republic--United States Free Trade 
Agreement (CAFTA-DR).
    The submission was filed with the OTLA on April 23, 2008 by the 
American Federation of Labor and Congress of Industrial Organizations 
(AFL-CIO) and a group of six Guatemalan trade unions. The submission 
alleges the Government of Guatemala has violated Articles 16.1.1, 
16.2.1(a), and 16.3.1 of the Labor Chapter of the CAFTA-DR with respect 
to five separate cases. In these cases, the submission alleges that the 
Government of Guatemala failed to enforce its laws with regard to the 
right of association and the right to organize and bargain 
collectively. The submission alleges acts of violence against trade 
unionists, including two instances of murder. In addition, there are 
further allegations of failure to enforce laws relating to non-payment 
of severance and social security benefits. These allegations were 
supported by specific factual descriptions which, if substantiated, 
could demonstrate that the Government of Guatemala's actions were 
inconsistent with its commitments under the Labor Chapter.
    The objectives of the review of the submission will be to gather 
information to assist the OTLA to better understand and publicly report 
on the issues raised by the submission.

DATES: June 12, 2008.

FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, Office of 
Trade and Labor Affairs, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room S-5303, Washington, DC 20210. Telephone: (202) 693-
4900 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: Article 16.4.3 of the Labor Chapter of the 
CAFTA-DR establishes that each Party's contact point shall provide for 
the submission, receipt, and consideration of communications from 
persons of a Party on matters related to provisions of the Labor 
Chapter and shall review such communications in accordance with 
domestic procedures. The Department of Labor's Office of Trade 
Agreement Implementation, which in December 2006 was reestablished as 
the OTLA in a Federal Register notice (71 FR 76691 (2006)), was 
designated as the office to serve as the contact point for implementing 
the CAFTA-DR's labor provisions. The same Federal Register notice 
informed the public of the Procedural Guidelines that the OTLA would 
follow for the receipt and review of public submissions. According to 
the definitions contained in the Procedural Guidelines (Section B) a 
``submission,'' as used in the guidelines, means ``a communication from 
the public containing specific allegations, accompanied by relevant 
supporting information, that another Party has failed to meet its 
commitments or obligations arising under a labor chapter.''* * *
    On April 23, 2008, Submission 2008-01 was filed with the 
OTLA by the American Federation of Labor and Congress of Industrial 
Organizations (AFL-CIO) and a group of Guatemalan trade unions composed 
of the Union of Port Quetzal Company Workers (STEPQ), the Union of 
Izabal Banana Workers (SITRABI), the Union of International Frozen 
Products, Inc. Workers (SITRAINPROCSA), the Coalition of Avandia 
Workers, the Union of Fribo Company Workers (SITRAFRIBO), and the 
Federation of Food and Similar Industries Workers of Guatemala 
(FESTRAS).
    The submission alleges first that the Government of Guatemala has 
violated Article 16.1.1 of the CAFTA-DR Labor Chapter in which the 
Parties reaffirm their obligations as members of the International 
Labor Organization (ILO) and their commitments under the ILO 
Declaration on Fundamental Principles and Rights at Work (1998), and 
agree to strive to ensure that the Declaration's principles and the 
internationally recognized labor rights set forth in Article 16.8 are 
recognized and protected by its law. Second, the submission alleges 
that the Government of Guatemala has violated Article 16.2.1(a) which 
states, ``A Party shall not fail to effectively enforce its labor laws, 
through a sustained or recurring course of action or inaction, in a 
manner affecting trade between the Parties, after the date of entry 
into force of [the CAFTA-DR].'' Third, the submission alleges that the 
Government of Guatemala has violated Article 16.3.1, which states, 
``Each Party shall ensure that persons with a legally recognized 
interest under its law in a particular matter have appropriate access 
to tribunals for the enforcement of the Party's labor laws.''* * *
    To support these allegations, the submission outlines five separate 
cases in which it alleges that workers were prevented from exercising 
their right of association and the right to organize and bargain 
collectively. In several of the cases, serious acts of violence and 
intimidation are alleged, including murder. Furthermore, the submission 
alleges that domestic labor laws, which would have protected these 
workers' rights, were not enforced. The submission also alleges a 
failure to enforce labor laws relating to payments to the Guatemalan 
Social Security Institute (the health care system) in two

[[Page 34794]]

instances and appropriate legal severance payments in one instance.
    The Procedural Guidelines for the OTLA, published in the Federal 
Register on December 14, 2006, 71 FR 76691, 76695, specify that the 
OTLA shall consider six factors, to the extent that they are relevant, 
in determining whether to accept a submission for review. As relating 
to FTAs, these are as follows: (a) Whether the submission raises issues 
relevant to any matter arising under a labor chapter; (b) whether a 
review would further the objectives of a labor chapter; (c) whether the 
submission clearly identifies the person filing the submission, is 
signed and dated, and is sufficiently specific to determine the nature 
of the request and permit an appropriate review; (d) whether the 
statements contained in the submission, if substantiated, would 
constitute a failure of the other Party to comply with its obligations 
or commitments under a labor chapter; (e) whether the statements 
contained in the submission or available information demonstrate that 
appropriate relief has been sought under the domestic laws of the other 
Party, or that the matter or a related matter is pending before an 
international body; and (f) whether the submission is substantially 
similar to a recent submission and significant, new information has 
been furnished that would substantially differentiate the submission 
from the one previously filed.
    The OTLA has taken these factors into account and has accepted the 
submission for review for several reasons. The submission raises issues 
relevant to the CAFTA-DR Labor Chapter and a review of these issues 
would further the objectives of the Labor Chapter. The submission 
clearly identifies the person filing the submission, is signed and 
dated, and is sufficiently specific to determine the nature of the 
request and permit an appropriate review. If substantiated, the 
statements in the submission could constitute a failure on the part of 
Guatemala, a Party to the CAFTA-DR, to comply with its obligations or 
commitments under the Labor Chapter, and could demonstrate that relief 
has been sought under the domestic laws.
    The OTLA's decision to accept the submission for review is not 
intended to indicate any determination as to the validity or accuracy 
of the allegations contained in the submission. The objectives of the 
review will be to gather information to assist the OTLA to better 
understand and publicly report on the issues raised by the submission. 
The review will be completed and a public report issued within 180 
days, unless circumstances, as determined by the OTLA, require an 
extension of time, as set out in the Procedural Guidelines of the OTLA. 
The public report will include a summary of the review process, as well 
as findings and recommendations.

    Signed at Washington, DC on June 12, 2008.
Lawrence W. Casey,
Associate Deputy Under Secretary, Bureau of International Labor 
Affairs.
[FR Doc. E8-13676 Filed 6-17-08; 8:45 am]
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