[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Notices]
[Pages 30329-30330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12406]


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DEPARTMENT OF LABOR

Office of the Secretary


Dominican Republic-Central America-United States Free Trade 
Agreement; Notice of Determination Regarding Review of Submission 
2012-01

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 May 14, 2012, Submission 2012-01 regarding Honduras was 
accepted for review pursuant to Article 16.4.3 of the Dominican 
Republic-Central America-United States Free Trade Agreement (CAFTA-DR).
    On March 26, 2012, the AFL-CIO and 27 Honduran civil society and 
worker organizations provided a formal submission to OTLA alleging 
violations of the Labor Chapter (Chapter 16) of the CAFTA-DR stemming 
from the Government of Honduras' (GOH's) actions or failure to act. The 
submission alleges that the GOH's actions or lack thereof denied 
workers at factories in the apparel and auto parts manufacturing 
sectors, plantations in the agricultural sector, and enterprises at the 
Port of Cortez their rights under Honduran labor law relating to 
freedom of association, the right to organize, the right to bargain 
collectively, child labor, and acceptable conditions of work. The 
submitters also allege the GOH is in violation of the CAFTA-DR due to 
recently passed legislation which weakens workers rights and on-going 
deficiencies in its laws and legal system.
    The objective of the review of the submission will be to gather 
information so that OTLA can better understand the allegations therein 
and publicly report on the U.S. Government's views regarding whether 
the GOH's actions were consistent with its obligations under the Labor 
Chapter of the CAFTA-DR.

DATES: Effective Date: May 14, 2012.

FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, OTLA, 
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 public communications 
(``submissions'') on matters related to provisions of the Labor Chapter 
and shall review those submissions in accordance with domestic 
procedures. A Federal Register notice issued on December 21, 2006 
informed the public that the OTLA had been 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 OTLA would follow for the receipt and review 
of public submissions (71 FR 76691 (2006)). These Procedural Guidelines 
are available at http://www.dol.gov/ilab/programs/otla/proceduralguidelines.htm. According to the definitions contained in the 
Procedural Guidelines (Section B) a ``submission'' is 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 of a U.S. 
free trade agreement.
    The Procedural Guidelines specify that OTLA shall consider six 
factors, to the extent that they are relevant, in determining whether 
to accept a submission for review:
    1. Whether the submission raises issues relevant to any matter 
arising under a labor chapter;
    2. Whether a review would further the objectives of a labor 
chapter;
    3. 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;
    4. 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;
    5. 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
    6. 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.
    U.S. Submission 2012-01 alleges that the GOH's actions or 
lack thereof denied workers their rights under the laws of Honduras, 
citing specific instances allegedly demonstrating: An inability or 
unwillingness to find and remedy labor violations, failure of labor 
inspectors to use all means provided for under the Labor Code to gain 
access to facilities for inspections or to serve notice of union 
establishment and protections, improper or questionable practices of 
Ministry of Labor and Social Security (STSS) employees in the 
enforcement of labor laws, failure of STSS officials to grant union 
recognition or verify mandated corrections of violations uncovered by 
an inspection in the legally established timeframe, government 
mediation that failed to afford workers benefits meeting the standards 
established in the Labor Code, and lengthy proceedings that effectively 
served to deny workers their labor rights.
    In determining whether to accept the submission, OTLA considered 
the relevant factors in light of the statements in the submission and 
its supporting documentation. The submission clearly identifies the 
submitter, is signed and dated, and is sufficiently specific to 
determine the nature of the request and permit an appropriate review. 
It also raises issues relevant to the Labor Chapter of the CAFTA-DR, 
citing numerous problems in the apparel and auto parts manufacturing, 
agriculture, and port sectors that the submitters believe are in 
violation of Honduras' labor laws. The submission raises pertinent 
issues that could further the objectives of the Labor Chapter and that 
could, if substantiated, constitute a failure of the GOH to comply with 
its obligations under the Labor Chapter. The submitters provided 
information on several specific cases of alleged labor violations and 
included a list of articles of the Labor Code, the Constitution of 
Honduras, and ILO Conventions that they believe were violated by the 
allegations in the submission. The submitters provided information on 
efforts to seek appropriate relief for these alleged violations under 
domestic laws and to raise the issues with GOH officials. The 
submission also notes that the issues in the submission have not been 
remedied to date. OTLA has not received similar submissions related to 
Honduras. Accordingly, OTLA has accepted the submission for review.
    OTLA's decision to accept the submission for review is not intended 
to

[[Page 30330]]

indicate any determination as to the validity or accuracy of the 
allegations contained in the submission. The objective of the review of 
the submission will be to gather information so that OTLA can better 
understand the allegations therein and publicly report on the issues 
raised by the submission. OTLA will complete the review and issue a 
public report to the Secretary of Labor within 180 days, unless 
circumstances, as determined by OTLA, require an extension of time, as 
set out in the Procedural Guidelines. The public report will include a 
summary of the review process, as well as any findings and 
recommendations.

    Signed at Washington, DC, on May 14, 2012.
Carol Pier,
Acting Deputy Undersecretary for International Affairs.
[FR Doc. 2012-12406 Filed 5-21-12; 8:45 am]
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