Urgent Action! Support Workers' Rights

May 2008
TAKE ACTION TO DEFEND UNION ORGANIZERS IN GUATEMALA and HONDURAS

Honduras

(Alert taken from US Labor in the Americas Project (US LEAP)
On April 24, the general secretary of the Workers’ Confederation of Honduras (CTH) was shot 16 times by six masked men and killed, along with another trade unionist and her motorcyclist on a well-traveled road east of San Pedro Sula.

The murder of Rosa Altagracia Fuentes and her fellow union leader Virginia García de Sánchez and motorcyclist Juan Bautista Gálvez is an act of violence the type of which is rare in Honduras. It comes as violence against trade unionists has been rapidly increasing in Guatemala, and Panama.

The Honduran murders have been denounced by the international trade union movement which, along with the Honduran trade union movement, is demanding a full investigation.

You can go to the USLEAP Website to send a letter directly to Honduran President, Jose Manuel Zelaya Rosales by clicking here.

Guatemala

On May 1, International Workers' Rights Day, we were saddened to receive a report that another trade unionist in Guatemala was murdered for standing up for the rights of workers. While details are still being gathered, this is unfortunately part of a pattern of violence, murder and rape being used against union leaders and members in Guatemala .

In 2008 alone, four unionists or their families have been killed in Guatemala , one woman was gang raped and tortured, and others have had their homes attacked in an attempt to intimidate them from fighting for their labor rights. In 2007, four union leaders were murdered in cold blood, one in front of his two small children. The Guatemalan government has not taken significant action in any of these cases. It is vital that we act in solidarity with our Guatemalan brothers and sisters in support of their worker rights.

Take Action by Sending an Email to the Guatemalan Government!

Please demand that the government thoroughly investigate all violence against Unionist

Attorney General of Guatemala

Lic. Juan Luis Florido

Fiscal General de la República y Jefe del Ministerio Público

Email: fiscalgeneral@pm.lex.gob.gt

Read more about violence against Guatemalan Unionists at the AFL-CIO website at:
Factsheet on Violence Against Unionist in Guatemala

ALERT: TAKE ACTION TO DEFEND UNION ORGANIZERS IN GUATEMALA

In the early morning hours of Sunday September 23, Marco Tulio Portela Ramirez prepared to go to work at a banana plantation in Izabal , Guatemala . He never made it to work. He was gunned down in front of his house by armed masked men. Marco was the secretary of culture and sport at SITRABI, the union for banana workers in Izabal. His brother Noé Ramirez is the general secretary. He leaves behind a wife and young children.

The union firmly believes this killing is directly related to the work they have been doing to end the intimidation and harassment of their union. Most recently the union intervened with the Public Ministry and the Ministry of Defense in Guatemala in response to military personnel who forcibly visited their office.

SITRABI is the oldest union in Guatemala and arguably one of the strongest and the largest private sector union in Guatemala . This is not the first attempt to intimidate workers.

•  In 1999, in a case that brought international attention to violence against unionists in Guatemala , seven members of SITRABI were violently attacked and forced to flee to the United States .  Their case became the key test on impunity for workers rights advocates and the U.S. government who put Guatemala 's trade benefits on probation until Guatemalan courts convicted the criminals.

•  In November of 2006, Union officer Cesar Guerra was shot at while driving in a union vehicle and others were threatened to cease and desist their activities or pay the price.

•  And directly related to the murder of Mr. Ramirez, in July 2007,military forces forcibly entered a union meeting and demanded to know the identity of the leaders.

STITCH and SITRABI have a long relationship. STITCH delegations spend a few days with the SITRABI workes. Click here to read one delegate's response to this event.

Violence against trade unionists in Guatemala has increased significantly since the passage of CAFTA. Four trade unionists have been murdered so far this year (none in the year before CAFTA passed) including the January murder of Pedro Zamora, head of an important port worker's union. The government has yet to charge anyone in the murder of Mr. Zamora.

SITRABI has been working with local and international forces to pressure the Public Ministry and Ministry of Defense in Guatemala to investigate these crimes.  Now they need our help and international solidarity to let the government know that this type of harassment and murder of unionists will not stand!

Stand with SITRABI to stop the violence and intimidation of UNIONISTS!

Contact the Guatemalan Ambassador in the United States and urge the Guatemalan Government to act now!

SAMPLE LETTER

Ambassador Jose Guillermo Castillo,

2220 R Street, NW
Washington , DC 20008

Tel:(202) 745 4952

Fax:(202) 745 1908
ambassador@guatemala-embassy.org

Dear Ambassador Guillermo Castillo,

I am writing to ask your government to take strong and decisive action to stop the violence against unionists in Guatemala . The recent assassination of SITRABI Executive Committee Member, Marco Tulio Portela Ramirez on Sunday, September 23 is a stark reminder of the incredible danger workers face when trying to exercise their right to organize for better wages and more humane conditions in their work places.  I urge your government to thoroughly investigate and prosecute the murderers of Mr. Ramirez and other trade unionist in Guatemala , including Mr. Pedro Zamora of the port workers union.

As you may recall, the SITRABI union leadership was violently intimidated in 1999 and forced to leave their country. Their case became an important test case on impunity for the U.S. government.

The government of Guatemala must also publicly condemn the violence against Guatemalan trade unions.

In addition, it is vital that the Guatemalan government take responsibility for the safety of the remaining leaders of SITRABI and ensure that they are protected from all violence and intimidation. The Guatemalan government must protect those that organize for basic their human rights. I will be monitoring the news as well as following updates from labor rights organizations to ensure that this case is taken seriously and that labor unions are protected throughout Guatemala .

Sincerely,

___________________

KIMI workers rally for their
rights in Honduras in 2000

January 2007

STITCH is passing on this alert from the International Brotherhood of Teamsters-we urge you to take action!

On November 5, 2004, Teamsters Port Division Representative Gilberto Soto was assassinated in Usulutan , El Salvador . Soto, an American citizen, had returned to his native country to meet with Central American trade union leaders and port drivers, and to document worker rights violations.

The murder remains unsolved.

Check out the Teamsters website for more information and to the sign the petition

July/August 2006

Please join STITCH in supporting the efforts of the International Textile, Garment and Leather Workers' Federation, a Global Union Federation bringing together 220 affiliated organizations in 110 countries with a combined membership of 10 million workers, to draw your attention to the anti-union activities of the Honduran suppliers , Tiara, for U.S. multi-national company, DuPont and to urge DuPont to intervene to investigate the matter and to help secure a resolution.

For more information:  www.itglwf.org

See the notice and the sample letters below!

July 14 2006

Dear Colleagues,

I am writing to draw your attention to a blatant case of anti-union discrimination and to ask your organisation to intervene to help secure the reinstatement of the union leaders who  have been dismissed.

The case involves the Tiara company in Honduras , which produces protective clothing for the US multinational, DuPont. Please find attached a sample letter to Tiara as well as to its multinational client, Dupont.

The union at Tiara was originally formed a few years ago, but its leaders were dismissed. However, a new leadership was recently elected, and the new leaders were recognised by the Ministry of Labour in May.

In June, Tiara dismissed the newly-elected union leadership in violation of the Honduran labour legislation which says that union leaders can only be dismissed if there has been a prior determination of just cause by the courts.

Some fifteen or so workers have now been dismissed, including union supporters and workers who were elected as acting leaders of the union following the dismissal of the union's Executive.

Tiara claims that the workers in question were dismissed as a result of a restructuring. However, as indicated above, these dismissals are illegal because the company did not obtain a 'just cause' ruling from the courts. Moreover, while hiding behind the blanket excuse of restructuring, the company has not given any explanation as to why there was no prior talk of restructuring, why nearly all of dismissed workers are union leaders  or members, why every single member of the union's Executive has been dismissed, and why no sooner were workers elected as acting leaders of the union than they too were dismissed. Nor has the company been able to document that the union leaders and supporters were selected for dismissal on the basis of criteria other than their union involvement.

Tiara also claims that management was not aware that the workers in question were union leaders.  However, management made it clear that it knew about their union involvement and that is why they were fired. Moreover, when a union leader tried to present the company with the notification of their election, she was she was fired. When an inspector of labour tried to meet with the management in order to notify the company about the union, he had to return with a police presence and even then was denied access to management.  In addition, the company is now well aware that the dismissed workers have been certified by the Ministry of Labour as leaders of the union and as such are protected from dismissal, and yet it continues to refuse to reinstate them.

At a meeting convened by the Regional Director of Labour on July 13, the authorities asked the company to reinstate the dismissed leaders. Unfortunately, the company director did not see fit to attend the meeting himself, and was instead represented by legal counsel. A further meeting has been scheduled for Tuesday July 18 at which management's response is expected.

I would be grateful if you could make approaches to Tiara as well as to Dupont (see sample letters attached) in order to urge the company to reinstate the workers without further delay and to establish a dialogue with the union, to the benefit of all concerned.

I would be grateful if you could keep us informed of any action you might take.

Yours fraternally,

NEIL KEARNEY

General Secretary

SAMPLE LETTER TO TIARA

Mr. Jacobo Kafati

Empresa Tiara

Zip Calpules

San Pedro Sula

Honduras

E-mail industrias@tiara.123.hn ; ckafati@calpules.123.hn ; jade@tiara.123.hn

Dear Mr. Kafati,

I am writing to express concern at the recent dismissals of trade union leaders and supporters from your factory and to urge you to reinstate them and to establish good relations with the union.

The union at Tiara was originally formed some years ago, but at that time the union leaders were dismissed. A new leadership was recently elected, and the new leaders were recognised by the Ministry of Labour in May.

However, all nine trade union leaders were dismissed at the end of June. The union then elected acting leaders, who in turn were fired, as were a number of union supporters. 

The dismissals of the union leaders represent a violation of article 516 of the Labour Code, whereby union leaders can only be dismissed if the courts have determined that there is just cause to terminate the contract of employment. Furthermore, the union leaders and supporters were singled out simply for exercised the right of freedom of association, which is a further breach of the Labour Code and of the internationally-recognised right of freedom of association.

I understand that a meeting convened by the Regional Director of Labour took place on July 13, 2006 , at which the authorities urged your company to reinstate the dismissed leaders.

I would therefore ask you to reinstate the dismissed workers without delay and to establish a good relationship with the union.

Please note that I have also asked your client, DuPont, to intervene to help settle this matter without delay.

Sincerely,

SAMPLE LETTER TO DUPONT

Charles O. Holliday, Jr.

Chairman & CEO

DuPont de Nemours & Co.

1007 Market Street
Wilmington , DE 19898
United States

Fax: 302-773-2631

E-mail: info@dupont.com

Dear Mr. Holliday,

I am writing to draw your attention to the violations of labour rights committed by one of your suppliers of protective clothing, the Tiara company in Honduras , and to ask you to use your influence secure a resolution to the problems that have arisen

Tiara, which is located in the Zip Calpules Free Trade Zone, produces disposable gloves and protective overalls for DuPont Personal Protection under the labels Tychem, Tyvek, Suprel and ProShield.

In late June, the company dismissed some fifteen union leaders and activists, including nine union leaders, in violation of the provisions of the Honduras ' Labour Code which say that union leaders can only be dismissed if there has been a prior determination of just cause by the courts.

Tiara management did not seek permission before dismissing the nine labour leaders in question, nor was there just cause, and therefore the dismissals are illegal.

Moreover, it was clear that the union leaders were targeted because  of their union activities. Nearly all of those dismissed as a result of a supposed restructuring were union leaders or activists. Every single member of the union's Executive was dismissed, and no sooner were workers elected as acting leaders than they too were dismissed.

The behaviour of Tiara is a blatant violation of ILO Freedom of Association Convention No. 87 as well as of the laws of Honduras .

At a meeting convened by the regional director of labour on July 13, 2006 , the authorities asked Tiara to reinstate the dismissed union leaders.

I would therefore urge you to intervene to investigate this matter and ensure that the workers are reinstated as a matter of urgency. 

It goes without saying that Dupont's responsibility as Tiara's sole customer is to work to resolve these issues, rather than severing its relationship with the supplier.

Thank you for your urgent attention to this matter.

Sincerely,

Past Campaigns:

• Take Action to Protest CAFTA!
• Support workers in El Salvador - Tell Lands’ End: Blacklisting is a Crime!
• Coca-Cola Union Threatened (2003)
• Support SITRABI Banana union in Guatemala (2000)
• Support the Yoo Yang Union in Honduras! (2001)
• Workers fired at Chentex in Nicaragua! (2000)
• Fight the Factory Closing at KIMI in Honduras! (2000)