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Dismissed Kahatex Workers Urgent action to support Haitian garment workers

8 june 2004,
Dear Friends,

Please take action today in support of workers at the Codevi FTZ in Haiti. These workers, who produce garments for Levi Strauss, have had a serious ongoing labor dispute with factory management and though an agreement was reached in April, they are presently confronted with severe violence. At this moment, following a one day strike yesterday, June 8, workers are locked-out and urgently need your support.


Do not tell me i didn't ever work at the factory!
Codevi-workers holding up their graduation certificates


Anne Rose Orange, one of the union committee members.
Anne Rose Orange, one of the union committee members.

SUMMARY

After a representative of the SOKOWA union was fired and brutally beaten up in February 2004, factory workers at the Codevi Free Trade Zone in Ouanaminthe stopped working in protest. The conflict worsened in early March when 33 trade union members were attacked and illegally dismissed from the factory. Workers at the factory were reportedly attacked several times by management-hired rebel thugs and by the Dominican army. Following an international campaign in support of the workers, negotiations in April lead to an agreement between management and the workers. In mid-May all workers were back to work but still the SOKOWA union had not been legally recognized by the Haitian government. A breach of the agreement led to a one-hour warning strike on Thursday, June 4 when all workers stopped work. The following day, the head of Grupo M arrived at the plant to tell workers that the plant would probably shut down. In the afternoon, management called in the Dominican Army to expel workers from the free trade zone, after another dispute had developed after management forcibly removed the t-shirts and ID badges of a group of women. Haitian death squad members have reportedly been circulating in Ouanaminthe. A full day of strike took place on Monday June 7. Workers agreed to return to work on Tuesday June 8 despite the continuing presence of the Dominican Army on-site, because management had agreed to negotiate with the union. When workers showed up to work at 5:30am, however, they found that they were locked-out.

This factory was set up with financing from The International Finance Corporation (IFC) a member of the World Bank Group that was conditional upon respect for trade union rights!

Please take action today to demand that:

  • the lock-out ends;

  • that the Dominican Army Forces are withdrawn immediately and permanently from the Codevi FTZ;

  • that all violence against workers ceases and all management personnel found to have committed a violent act against a worker is disciplined;

  • that Grupo M negotiates in good faith with SOKOWA and Bataye Ouvriye (an association of unions, committees, and workers from the industrial, agricultural, and informal economy in Haiti that has been supporting the union in this case) and ceases to threaten closure;

  • that the IFC and Levi’s demand that the Haitian government give SOKOWA its legal registration, as required by law; and that Levi’s Strauss does not cut and run.

Please see the action request below.

For more information on this case, please see the chronology of events below; for additional details, please contact Batay Ouvriye
(e-mail: batay at batayouvriye.org).


BACKGROUND ON UNION-BUSTING AT THE CODEVI FTZ

Sources: Campaign for Labor Rights, Batay Ouvriye, and the Haiti Support Group, UK

- On Feb. 16th, the new trade union handed management a letter in which they informed them of the union's existence and requested a meeting to discuss factory matters. On the same day, Limbert Cruz, the Codevi Free Trade Zone Director, answered the letter, saying that management's doors were always open for the workers organization, and their agreement to meet with the union at any convenient date and place. (The union would meet later concerning this letter and prepare an answer Feb. 26th, suggesting March 1st for this meeting)

- On Wednesday, February 25th, a few workers were informally discussing things with members of management (Jean Renaud, Luis and Jean Philippe) when, following a complaint by one of the unionists, Ariel Jerome, the latter was informed that he was fired. Protesting, he was violently beaten up with rifle butts and forced to give up his work badge.

- Thursday, Feb. 26th, all of the factory workers stopped working in protest, demanding Ariel Jerome's re-hiring at work, medical treatment, as well as the firing of the two main management persons responsible: Jean Renaud and Gerard Borgella. Limbert Cruz came out to talk to them and agreed to cancel the firing and take care of the abused worker's health. Indeed, Jerome was given his badge back and sent to the health center for tests and medication. Cruz, however, added that he needed to consult about the issue of the two managers.

- No response to the question of the two managers was forthcoming. Quite the contrary, on Monday morning (March 1st), Jean Renaud passed throughout the factory, line by line, informing the workers that Levi Strauss was withdrawing its orders, because, amongst other reasons, the workers' work-stoppages meant that the business was suffering and consequently they needed to get rid of workers. Rumor had it that he said before losing his job, he would make many workers lose their jobs. Monday afternoon, Renaud called all of the union members and informed them they were fired. Dominican military (Ouanaminthe is on the border between Haiti and the Dominican Republic) pointed their weapons at the workers and seized their badges. Several were roughed up. All in all, 34 were fired, all union members. The workers resolved to stop working on Tuesday, in protest.

- On Monday March 2nd, 2004, 34 members of the trade union SOKOWA (Sendika Ouvriye Kodevi Wanament - Ouanaminthe Codevi Workers' Union) in the Codevi Free Trade Zone in Ouanaminthe, Haiti, were brutalized and illegally fired by the company's management. These firings were accompanied by many threats at gunpoint, as well as physical abuse. Since then an agreement has been reached about the reinstatement of all fired workers and a team of observers has been present at the factory for a month. Last week the situation worsened considerably when management called in the Dominican Army in response to a one hour warning strike and threatened the workers with plant closure.

- On Tuesday, March 3rd, all of the workers were mobilized to protest the firings. All of a sudden, members of the rebel army at Ouanaminthe arrived, with guns, to rough up the workers. Several workers were handcuffed. After much mistreatment and threats, they were forced to resume work. Later, the rebels revealed that they had been contacted the previous evening by factory management who informed them that the workers were going to make problems at work the next day. Management even gave them a list of union members that they were to get rid of.

Since then: Levi Strauss investigated the matter and to date has NOT withdrawn their orders from the factory, contrary to factory management statements. Batay Ouvriye (Workers’ Fight) reported that several meetings between the different parties linked to the case have taken place and that Grupo M reportedly agreed to send letters to the fired workers indicating that they could begin work again.

- On April 13, negotiations took place which included representatives from SOKOWA, Batay Ouvriye, along with a tripartite delegation of the Social Affairs Labor Ministry, the Labor Sector, and the Association of Haitian Industrialists. They met with workers from the Codevi FTZ, the World Bank, and Levi Strauss. The meeting obtained the following concessions from the management: reinstatement of all the workers in the conflict, payment of medical services of the worker who had been most severely beaten, payment for the time they spent without work according to the present minimum salary, recognition of union rights within the factory and, finally, immediate negotiations with a union delegation to discuss the workers’ general demands. At the same time there have been explicit threats against the members of Batay Ouvriye and other support groups who have worked to bring about these achievements.

- In May a group of observers has been working inside Codevi. The team comprised of a Colombian nun from the congregation of St. John the Evangelist, who has been based in Quanaminthe for the past four years. The other two were a retired Dominican customs employee with some cross-border community service experience, and a local economist. Both of the latter had been nominated by Grupo M.

Since observation begun, Ariel Jerome has been fired again and there were outstanding issues regarding back-pay and minimum wage received during the time some reinstated workers were waiting for jobs. By mid-May all workers were back to work but still the SOKOWA union had not been legally recognized by the Haitian government.

- By the beginning of June things have worsened. On Tuesday, 2 June Grupo M management failed to meet with the union as planned. Workers responded with a one hour warning strike the following Thursday and all workers stopped work. A full day of strike took place on Monday June 7. The Dominican Army was used against workers in a dispute on Friday June 4. The same day the head of Grupo M arrived at the plant to tell workers that the plant will probably shut down. At the same time Haitian death squat members have reportedly been circulating in Quanaminthe. As stated above, the workers are now locked-out of their workplace.

Workers in front of Codevi
Workers in front of Codevi

Dismissed Kahatex Workers ACTION REQUEST

Please first read the updates on this apeal!

1. Write to Grupo M
2. Write to the factory’s client – Levi Strauss
3. Contact the World Bank’s International Finance Corporation
4. Write to the Haitian government


1. Write to Grupo M

Grupo M owns the Codevi Ouanaminthe factory. This Dominican Republic-based company, with a poor track record in terms of respecting workers’ rights, is one of the largest clothing producers in the Caribbean/Central America region. In January 2004 they opened this, their first factory in this new free trade zone, with the help of a US$20 million loan from the World Bank’s IFC.

Tell Grupo M that they must end the lock-out and make an immediate end to the violence used against workers; that Dominican Army Forces are withdrawn immediately and permanently from the Codevi FTZ; that all management personnel found to have committed a violent act against a worker is disciplined; to negotiate in good faith with SOKOWA and Bataye Ouvriye and to cease to threaten closure, Furthermore they should respect workers’ right to organize a union and provide medical attention for those workers who were beaten up. Tell them that their anti-union activities and violent management tactics must come to an end. Remind them of their obligation to respect workers’ rights under Haitian law, the code of conduct of their supplier Levi Strauss, and as part of the conditions of their loan from the IFC. Inform them that you are also contacting Levi Strauss and the IFC to voice your concerns in this matter.

Please take action today.

Fernando Capellan
Ouanaminthe factory general director
e-mail: fcapellan@grupom.com.do

Limbert Cruz
Grupo M CEO
e-mail: lcruz@grupom.com.do


2. Write to the factory’s client – Levi Strauss

Thank Levi Strauss for the attention they have given this matter so far, but inform them that the Codevi Ouanaminthe workers have been confronted with violence again.

Ask Levi Strauss to insist that their contractor comply with internationally-recognized workers' rights, most especially the right to organize a union and bargain collectively. Request that they continue to pressure Grupo M to end the lock-out, immediately make sure that Dominican Army Forces are withdrawn from the Codevi FTZ; that all violence against workers ceases and all management personnel found to have committed a violent act against a worker is disciplined; that Grupo M negotiates in good faith with SOKOWA and Bataye Ouvriye and ceases to threaten closure. Furthermore Levi’s should demand that the Haitian government give SOKOWA its legal registration, as required by law. Remind them that they have a responsibility to work with their supplier to resolve this matter in a way that brings them into compliance with standards of freedom of association; by no means should they cut their orders with the factory in order to dodge this responsibility.

Contact information:

Michael Kobori
Director, Global Code of Conduct
Levi Strauss & Co.
1155 Battery St.
San Francisco, CA 94111
Tel: (415)501-1459
Fax: (415)501-1485
e-mail: mkobori@levi.com

Cc: Miriam Rodriguez, Regional Compliance Manager
e-mail: Mrodriguez@levi.com


3. Contact the World Bank’s International Finance Corporation

The World Bank provided financing to Grupo M to start up this factory and set conditions regarding respect for workers rights. These conditions were set as a result of investigations launched by the IFC into violations of workers’ rights by Grupo M in its other factories in the Dominican Republic. The IFC had carried out the investigation after the ICFTU and the International Textile, Garment, and Leather Workers’ Federation, released video evidence and documentation on anti-union actions by Grupo M, including threats, discrimination and violence against workers seeking to organise unions. The Haiti Support Group, in the UK, launched an international campaign backing the ICFTU calls for the IFC to require that Grupo M cease violating workers’ rights and respect the core labour standards of the International Labour Organisation before awarding the loan.

Remind the World Bank that their International Finance Corporation (IFC) loan granted to Grupo M to open this factory included the obligation to respect freedom of association and the right to collective bargaining. Point out that the recent actions by Grupo M in Ouanaminthe are in violation of the loan agreement. Thank the IFC for their investigations into this matter so far, but remind them that their effort is still needed to reach a sustainable solution to the labor dispute at Codevi. Request that they make clear to Grupo M management that they must end the lock-out, that the Dominican Army Forces have to be withdrawn immediately and permanently from the Codevi FTZ; that all violence against workers ceases and all management personnel found to have committed a violent act against a worker is disciplined and that Grupo M negotiates in good faith with SOKOWA and Bataye Ouvrie and ceases to threaten closure. Furthermore, the IFC should demand from the Haitian government that it gives SOKOWA its legal registration, as required by law and ensures that workers are able to exercise their rights to freedom of association and bargain collectively.

Contact information:

The World Bank's International Finance Corporation
Mark Constantine
E-mail: mconstantine@ifc.org
And
E-mail: bmcnamara@ifc.org


4. Write to the Haitian government

Write to the Haitian government to express your concern about the situation at the Codevi Free Trade Zone. Urge the government to make sure that Dominican Army Forces are withdrawn immediately and permanently from the Codevi FTZ and to make sure that all violence against workers ceases and all management personnel found to have committed a violent act against a worker is disciplined. Furthermore urge the Haitian government to give SOKOWA its legal registration, as required by law and ensure that workers are able to exercise their rights to freedom of association and bargain collectively.

Contact information:

Minister of Social Affairs and Labor
Pierre Calixte
#32 rue de l’Enterrement
Port-au-Prince, Haiti

Prime Minister
M. Gerard Latortue
Beureau de las Primature, Villa d’Accueil
Musseau, Port-au-Prince, Haiti


Please send copies of your letters and any responses you receive to Batay Ouvriye , e-mail: batay (at) batayouvriye.org

For more information on Batay Ouvriye, please see their website: http://www.batayouvriye.org

For more information on the Haiti Support Group, please see their website:
http://www.haitisupport.gn.apc.org

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