Miami Herald
March 10, 2001
By Jane Bussey

The U.S. Trade Representative held hearings Friday on worker rights and union intimidation in Guatemala, a closely watched case that marks the first time the government office has initiated a probe that might result in suspending trade benefits.

One of the reasons for the review are the issues that prompted the trial next week against perpetrators of an October 1999 violent intimidation of banana union leaders who worked for Bandegua, a unit of Fresh Del Monte Produce, a Miami company. Workers were protesting the dismissal of 900 workers in a company restructuring when 200 men broke up their meeting and forced the leaders and their families to flee.

The USTR suspended a review of Guatemala's guarantees of labor rights in 1997, but recent problems triggered the current review, which is first time the USTR has ever initiated one on its own.

During Friday's hearing, Guatemalan and U.S. human rights supporters urged U.S. authorities to suspend tariff benefits because of the government's failure to prosecute perpetrators of violence against trade union leaders and workers, particularly in the 1999 incident.

Representatives of the Guatemalan government said the country has made significant strides to improve respect for workers rights since a 1996 peace process that ended a 30-year-old conflict with leftist rebels.

"From our perspective, it could not have gone better," said Stephen Coats, executive director of the U.S./Labor Education in the Americas Project, a Chicago labor rights organization that has worked for years to shine the spotlight on the Guatemalan labor situation.

Coats, who was at the hearing in Washington, insisted that Washington needed to take action because the Guatemalan government had shown little political will to crack down on union intimidation.

Guatemalan Ambassador to Washington, Ariel Rivera-Irias, who also participated, said he was optimistic the government had made its point that its progress in guaranteeing labor rights had been considerable since 1996.

"We gave information that we have advanced at a good rhythm," Rivera-Irias said. "We are aware of the seriousness of the situation."

Rivera-Irias said that the government would guarantee the protection of banana union leaders, who are scheduled to testify in a trial in Guatemala that begins Tuesday. One of the complaints of human rights supporters is that the charges against the men who threatened to kill the union leaders are so light that a conviction would only mean payment of fines.

In a statement about the hearing issued by Coat's organization afterward, Assistant U.S. Trade Representative Jon Rosenbaum was quoted as telling the hearing: "Our patience is growing thin. We are considering a number of options, including suspension of some or all benefits."

Although the USTR press office returned a telephone call from The Herald, there was no clarification of what was said at the hearing.

Under the conditions of both the General System of Preferences and the Caribbean Basin trade program, countries must meet certain provisions, including guaranteeing workers the right to associate and bargain collectively or face a review of the benefits, which are lower tariffs.

An inter-agency committee has until the end of April to make a recommendation to U.S. Trade Representative Robert Zoellick. He in turn makes a recommendation to President Bush, who has the final say.