31 Jul 2001 MAQUILA WORKERS REACH SETTLEMENT IN GUATEMALA

Dear Friends,
The following is an update on the case of Cimatextiles and Choishin factories in Guatemala, which was circulated last week. For more information on this case, please see the earlier appeal for action on this case, posted on the CCC website (www.cleanclothes.org) or contact US/LEAP:

U.S./Labor Education in the Americas Project
P.O. Box 268-290
Chicago, IL 60626
Tel: 773-262-6502
Fax: 773-262-6602
usleapja@mindspring.com
http://www.usleap.org

ATTACKED MAQUILA WORKERS REACH SETTLEMENT IN GUATEMLA!

Campaign pressure felt as Liz Claiborne sends letter to workers and Guatemalan Labor Minister convenes negotiations between the factory management and union; Will the agreement be implemented or ignored?

source: US/LEAP Update; 7-27-01 www.usleap.org

On Wednesday, July 25th, a week after violent mobs attacked unionists in the Cimatextiles and Choishin factories in Guatemala, both of which produce for, among others, Liz Claiborne, the union leaders and the factory management came to an agreement that respects the right of the workers to organize, reinstates union members who were forced to resign, and established measures to ensure unionists’ safety in the factory.

The meeting, held at the office of the Maquiladora Association of Guatemala (VESTEX) between the union and the factory management, was called by the Guatemalan Labor Minister to find a solution to the violent intimidation against union organizing in the factories. The agreement was signed by SITRACHOI, SITRACIMA, the factory management, MINUGUA, and the Guatemalan Labor Minister. The Government of Guatemala was apparently motivated by the implications for its U.S. trade benefits which are legally conditioned on respect for worker rights.

The four-point agreement states:

1. The company will respect right to organize a union.
2. All workers will be reinstated without any loss of previously held status and the company accepts the responsibility to create a safe environment for the return to work of all of the union leaders. MINUGUA, the United Nations body that oversees the Guatemalan peace process, will be permitted to enter the plants to verify compliance on the part of the company.
3. The company will prosecute the perpetrators of the violence against the unionists according to their own internal regulations and Guatemalan labor law.
4. At 8AM on July 26, the company will publicly announce in the factory that they will not close because of the formation of a union.

The Labor Minister also announced that the papers confirming the legal recognition of both unions, SITRACIMA and SITRACHOI, will be available as of Thursday, the 27th.

Liz Claiborne Sends Workers a Message

In another big step for the unions at the Choishin and Cimatextiles factories, on Wednesday the 25th, the factory management distributed a letter to the workers from Liz Claiborne, one of the factories’ main clients. The letter stated that Liz Claiborne supports the right of workers to choose to join a union or to not join a union. The letter also stated that Liz Claiborne will continue business with the Choishin and Cimatextiles factories as long as this is respected and the quality of the production remains satisfactory. Liz Claiborne has voiced its support for sanctions against those who participated in the violent intimidation.

Union Leaders Return to Work, Will they be Safe?

On Thursday, July 26th, 23 workers returned to work for the first time since they had been attacked by a mob of non-union co-workers armed with bottles, rocks, and blank pieces of paper and pens on which to sign resignations. This mob had apparently been orchestrated by factory management and supervisors who had motivated the workers into a mob with threats of closure of the factory and permanent blacklisting if the union was allowed to form.

To ensure the union leaders’ safety, MINUGUA also arrived and entered the plant with the workers. No violence has been reported at this time.

While the situation is looking better, the question remains whether the violent intimidators will be persecuted for their crimes or whether they will be added to a long list of cases of impunity for violence against trade unionists in Guatemala. The Government of Guatemala will be responsible to ensure the swift and fair application of its law. While this process is underway, the factory management must immediately fulfill the agreement by ceasing all anti-union activity and implementing sanctions against those in the plant who participated in the violent intimidation in order for the union supporters to have a secure environment in the factory and the ability to exercise their basic rights.

Suggested Actions:

1) Write to the Guatemalan Ambassador in your country and thank him for the prompt action that the Government of Guatemala took to facilitate an agreement between the factory management of Choi & Shin’s and the union leaders. Ask the Ambassador to urge that the violent intimidators be investigated, charged, and prosecuted as per the local law. Note that this is an important part of the recent agreement if the union is going to survive in the factories.

2) Write Liz Claiborne and thank the company for their assistance in ensuring that the basic rights of workers at their supplier are respected. Especially thank Liz Claiborne for the letter they sent to the workers that supports their right to freedom of association. Ask Liz Claiborne to urge their client, Choi & Shin’s, to follow through with the recent agreement, to cease all anti-union activities, and create a secure environment for the union through sanctions against those who participated in the violent intimidation.

Contact: Paul R. Charron, Chairman and Chief Executive Officer, Liz Claiborne, Inc., 1441 Broadway, New York, NY 10018. Tel: (212)-354-4900;
Fax: (212)-626-3416. You can email Liz Claiborne about this situation through their webpage by going to http://www.lizclaiborne.com/lizinc/lizworks/workers/contact.asp.

3) Send your congratulations to the unions, SITRACHOI and SITRACIMA, on receiving their legal recognition and recognition from the factory management. Tell them you are supporting their efforts to organize democratic unions.

Contact: SITRCHOI & SITRACIMA c/o FESTRAS 16 Avenida 13-52, Zona 1, Guatemala City, Guatemala. Fax: 502-220-6020. Or, email the US/LEAP office and we will send them on: usleapja@mindspring.com.

Background

After a year-long clandestine campaign, the two unions at the Choishin and Cimatextiles factories in Guatemala, owned by a Korean-based company called Choi & Shin’s, went public on July 9, 2001. Both factories produce for Liz Claiborne and are located in Villa Neuva, just outside Guatemala City, Guatemala. The larger of the two plants, Choishin, is being monitored by COVERCO, a trusted local monitor, as part of a pilot project of Liz Claiborne. Liz Claiborne is on the board of the Fair Labor Association, an organization that coordinates the internal and independent monitoring of garment factories.

While the factory management gave little response to the union drive at first, the situation soon deteriorated. Union supporters reportedly began to face death threats, threats to close the factory, blackmail, the calling of meetings during work hours to denounce the union, and the stoning of the workers’ meeting place while meetings are taking place.

These events escalated and on Wednesday, July 18th, the union supporters were attacked by a mob of non-union workers. The mob seemed to be orchestrated by the factory management, which motivated the non-union workers with threats that the factory will close and that the workers will be blacklisted and never get work again. The mob surrounded the group of union leaders and threatened them verbally, saying they were going to kick them out, to lynch them, to kill them, and started throwing food, bottles and rocks at them. The upper management and the personnel managers were on the field watching the event and reportedly told union leaders who asked them to intervene that they could not do anything.

Two and a half hours to three hours later, MINGUA had arrived. Also arriving that afternoon were inspectors from the Labor Ministry, the FESTRAS organizers, two policemen, COVERCO monitors, local press, and representatives from other non-governmental organizations like STITCH, Witness for Peace, and NISGUA. By 4:30pm, the workers were rescued from the plant.

The initial attack on the 18th was followed by a second similar incident on July 19th during which even COVERCO monitors were roughed up. As of July 25th, the situation in the factory had not improved and mob intimidation of union leaders and members continued. Union supporters were not going to work for fear of further violence.

Key Test

This case is a key test for the Guatemalan Government’s enforcement of the rule of law. Indeed, this case is the maquila sector’s version of the violent attack of the SITRABI banana union when local management reportedly helped drum up local and violent opposition to union efforts with the claim that the union would cause job losses and the closing of the operation. Unlike the banana sector, however, maquila sector trade benefits to the U.S. are supposed to be conditioned on respect for worker rights.

For Liz Claiborne, this case is a test of their pilot project on independent monitoring and what conditions are needed for worker rights to be respected in the factories that produce their clothing.