Labor Dept to Review Allegations of Honduran Violations of DR-CAFTA Labor Rules
The Labor Department said it accepted and will review a submission by the AFL-CIO and 27 Honduran civil society and worker organizations alleging violations of the Labor Chapter of the Dominican Republic--Central America--U.S. Free Trade Agreement (DR-CAFTA) by the government of Honduras. Labor’s Office of Trade and Labor Affairs (OTLA) will issue a public report, including findings and recommendations, to the Secretary of Labor within 180 days, unless circumstances require an extension of time.
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(Labor provisions of FTAs establish official processes for receiving complaints, or "submissions" from interested organizations that believe a trading partner is not fulfilling its labor commitments. In the U.S., OTLA receives and reviews submissions made under the North American Agreement on Labor Cooperation (NAALC) and the FTA Labor Chapters, if the submissions meet certain criteria. OTLA then issues a public report on its findings generally within six months of accepting the submission. Depending on the outcome of the review, OTLA may recommend further actions, including that the U.S. request Consultations with the other country. If consultations fail to resolve the issue(s), FTA dispute settlement procedures may be invoked under certain circumstances. The procedures and remedies vary depending on the particular FTA, and the NAALC limits which labor issues can be taken to dispute settlement.)
Violations Alleged in Apparel, Auto Parts, Agricultural Sectors, Port of Cortez
OTLA said it received a submission in March 2012 alleging violations of the Labor Chapter (Chapter 16) of the CAFTA-DR stemming from the Government of Honduras’ actions or failure to act. The submission alleges that the Government of Honduras’ 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 a violation of the CAFTA-DR due to recently passed legislation which weakens workers rights and ongoing deficiencies in its laws and legal system.
Specifically, Submission # 2012-01 cites instances allegedly demonstrating the following: 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.
Acceptance of Submission does not Indicate Determination of Validity or Accuracy
OTLA said its decision to accept the submission for review is not intended to indicate any decision on the validity or accuracy of the allegations. Instead, said OTLA, 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.