Open letter from Colombian unions to Charles Rangel

Bogotá, march 28^Th 2007

Honorable

Charles Rangel

Chairman

Ways and Means Committee

House of Representatives

Washington D.C.

Honorable Chairman:

The FTA recently signed between the Republic of Colombia and the United States is currently being considered by the Congresses of both countries. Different sectors in both countries have expressed their opinion regarding the Agreement. Union organizations in Colombia and in the United States have expressed their opposition to the FTA.

We who sign this letter are organizations and union leaders representing important parts of the production and services sectors of the Colombian economy, some of which are affiliated to the Colombian Federations and Confederation. We have, with deep respect for the opinion of others, decided to make our favorable opinion to the FTA public because we think it is our duty with our country and with its workers.

In the first place we would like to point out that from the economic point of view, we believe that the FTA would be beneficial to both countries, considering that our economies are complimentary more than competitive. Bilateral trade, which is already considerable thanks to the ATPDEA, would expand much more and generate employment and development for both countries.

In the second place, we would like to make some comments on the labor chapter that has been questioned by Colombia and U.S. unions.

Colombian union federations have expressed, in relation to labor rights, that “Colombian labor legislation and corporate practices supported by the Government are moving away from ILO regulations” and that the “FTA will encourage the implementation of new reforms and labor practices that will destroy the few labor rights that Colombian workers have left.” [1] Such statements are unfounded.

Our laws and regulations are not far from the ILO labor standards, and on the contrary, have moved closer to them. Proof of this is the implementation of regulations that eliminate child labor and those that prohibit associated work cooperatives to engage in labor intermediation.

Precisely to improve our legal framework, and as a response to the concerns expressed by workers, the Government issued the Decree 4588 of 2006 in order to regulate Associate Cooperatives. The decree compels the cooperatives to affiliate their members to the social security system and bans them from labor intermediation. Additionally, the Colombian Congress is reviewing a bill of law with the objective of increasing transparency and accelerating the resolution of labor disputes. This bill introduces the oral procedure and implements other procedural improvements. Moreover, the Labor Justice System in Colombia is independent from the Government, as is the rest of the judicial branch.

In terms of the alleged negative aspects of the FTA, a review of chapter 17 of the agreement leads to the opposite conclusion. Both countries reaffirm their commitment as ILO members to comply the conventions each has ratified and to respect internationally recognized principles and labor rights. Furthermore, they reaffirm the mutual respect for their constitutions and their individual right to modify or adjust their labor regulation as long as it is consistent with internationally recognized labor standards. To eliminate any doubt with regard to the intention of the parties to avoid any weakening of labor rights to favor economic interests, “Both countries recognize as inappropriate to promote commerce by reducing and flexing their national labor laws.”[2] In this sense, we expect the approval of the FTA will bring benefits to the workers thanks to a strict national and international supervision regarding the compliance of labor standards.

Human Rights and union freedom have also been discussed in the framework of the FTA debate. Unions in Colombia and in the U.S. have made some inaccurate appreciations on this issue.[3] Their statements suggest that the Government and the private sector are the cause of the violence against union members and the climate of restriction on worker rights, be it by actions or omissions.

For those who know the situation of the country well, as we who live in it and have been union members for many years do, these arguments result absolutely biased. Realities such as the “assassination of union leaders and activists” or the “forced displacement and exile of thousands of workers due to threats on their lives”, mainly reflect the action of illegal groups, known as guerrillas, paramilitaries or others. The Government offers the highest protection possible to union leaders that are being threatened, as can be easily evidenced. Additionally, those criminal acts have been drastically reduced in Colombia thanks to the decided action undertaken by the authorities against these illegal groups.

Furthermore it is very important to point out that, with ILO support, the Colombian union leadership, the Government and the employers have agreed, since last year, to work together to face the different problems facing the union movements, especially violence and impunity. In order to accomplish this goal, the ILO has established a permanent office in Colombia to support the parties in this endeavor. One of the first tasks has been to select 100 emblematic cases of homicides of union leader, in order to find and punish the person responsible for these crimes.

Colombia faces several economic, social and political problems. We know this. We are not interested in hiding it. Therefore, the Government, employers and workers have been making great efforts to overcome them, and the country has been improving and consolidating its institutions and democratic structure, and beating the cancer of violence, recovering the path to growth and confronting social inequality. Staying on this path will require considerable efforts. It’s true that the FTA alone wouldn’t solve all our problems. But this is an important historic opportunity that the country cannot waste. It is up to us and to no one else to take advantage of it.

Sincerely,

Fernando Alfonso Bayona Rincón.

Cédula de ciudadanía 9.519.084.

President - Sindicato de Trabajadores de Siderúrgica Paz del Río

Luis Fernando Cadavid Mesa.

Cédula de ciudadanía 70.066.537

President - Sindicato de Trabajadores de la Confección y Textiles de Antioquia (Contrato Sindical Empresa Leonisa)..

Luis Germán Restrepo Maldonado

Cédula de ciudadanía 70.036.524.

President - Sindicato Compañía de Empaques.

Walter David Navarro Giraldo

Cédula de ciudadanía 71.658.127

President – Sindicato de Profesionales de Empresas Públicas de Medellín.

Eufrasio Emilio Ruiz Santiago

Cédula de ciudadanía 16.626.726

President - Sindicato de Trabajadores del Ingenio San Carlos (Valle del Cauca)..

Albeiro Enrique Franco Valderrama.

President. Sindicato Nacional de Trabajadores de la Industria Fruticultora (Sinaltraifru- presidente junta nacional

Guillermo Rivera

Sintrainagro

José Gustavo Palacio Moreno

Frontino Gold Mines.

Darío Arboleda Builes

Sindicato de trabajadores de fabricato-Tejicóndor

Jorge Iván Díez Vélez

Cédula de ciudadanía 98.658.352.

Unión de trabajadores textiles y de la confección de Colombia (utatexcoc) – secretario general

Oscar Jiménez

Sindicato nacional de cotas-cadena - presidente

John Cano Restrepo

Cédula de ciudadanía 8.300.527

Sindicato gremial de equipajeros de Antioquia

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[1] “Carta abierta a los Honorables Representantes y a la Comisión de Medios y Arbitrios de la Cámara de Representantes de Estados Unidos de América”. Bogotá, Enero 23 de 2007. Opiniones similares expresa la AFL-CIO en carta dirigida al Congreso de los Estados Unidos el 15 de Marzo de 2007, firmada por William Samuel, Director del Department of Legislation.

[2] “Tratado de Libre Comercio Colombia – Estados Unidos”, Tomo I. Ministerio de Comercio, Industria y Turismo. Oficina de Comunicaciones. Diciembre de 2006. Página 630.

[3] “Carta abierta los Honorables Representantes y a la Comisión de Medios y Arbitrios de la Cámara de Representantes de Estados Unidos de América”. Bogotá, Enero 23 de 2007. Conceptos parecidos ha expresado la AFL-CIO en carta dirigida al Congreso de los Estados Unidos el 15 de marzo de 2007, firmada por William Samuel, Director del Department of Legislation.