ILWU, Costa Rica Groups File DR-CAFTA Petition on Costa Rica Labor Issues
On July 20, 2010, the International Longshore and Warehouse Union, Coast Longshore Division, Costa Rica’s Sindicato de Trabajadores, and Costa Rica's Asociación Nacional de Empleados Públicos y Privados submitted a petition against the government of Costa Rica charging that Costa Rica is violating the DR-CAFTA by not enforcing its own labor laws.
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The submission was made to the Office of Trade and Labor Affairs, an office within the Bureau of International Labor Affairs of the Department of Labor. Under the Labor Chapter of the DR-CAFTA, the Labor Departments of each Party are designated as the points of contact to receive submissions on matters related to the Labor Chapter.
Petitioners Charge Costa Rica with Failing to Enforce its Labor Laws
The petition sets forth the alleged “serious and repeated failures” by the government of Costa Rica to effectively enforce its own labor laws, and it outlines ways in which the government is failing to meet its commitment to “respect, promote and realize” core workers’ rights, as outlined in the International Labor Organization (ILO) Declaration on Fundamental Principles and Rights at Work.
The petition states that the Costa Rican government’s failure to enforce its laws occurred, and continues to occur, after DR-CAFTA entered into force. The petition notes that labor conditions in Costa Rica have worsened since DR-CAFTA was ratified.
Detailed Allegations on Costa Rica’s Actions to Weaken Port Union
The petition details a case involving workers represented by SINTRAJAP in the Atlantic Ports of Limón and Moín through which 80% of Costa Rica’s commerce passes daily. According to the petition, the Costa Rican government has implemented a carefully formulated port privatization program, a so called “port reform” effort, in the Ports of Limón and Moín that has as a central objective the complete exclusion and ultimate elimination of SINTRAJAP.
Allegedly, the conduct of the Costa Rican government includes a government-run media campaign to discredit the union, removal of the democratically elected leadership of the union and imposition of a government-backed employer-run board of union directors, freezing of the union’s bank accounts, militarization of the ports in the run up to a complete takeover of the union, directing the police to raid and occupy the union’s business office, and entering into an unconstitutional multi-million dollar deal with the government-backed employer-run board of union directors to entice workers to leave the union and accept privatization of the ports.
U.S. Asked to Begin Consultations with Costa Rica
The petitioners request that the U.S. government immediately invoke the Cooperative Labor Consultations mechanism under the DR-CAFTA and require that the government of Costa Rica take all measures necessary and consistent with domestic and international labor law to remedy the claims in the petition.
If the consultations fail to bring about a resolution, the petitioners urge the U.S. government to invoke the dispute settlement mechanism and proceed forward until such time that the government of Costa Rica effectively enforces its labor laws and ensures that internationally recognized labor rights are recognized and protected by law. The petition states that the U.S. government should also continue to monitor closely the implementation of any commitments made during consultations and/or dispute settlement procedures, taking all such measures necessary to ensure that the claims are fully resolved.
(See ITT’s Online Archives or 08/02/10 news, 10080209, for BP summary of the USTR announcing a labor rights enforcement case against Guatemala.)
Petition available via email by sending a request to documents@brokerpower.com.