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World Conference of Workers
In Defense of Trade Union Independence & Democratic Rights
Part 2 of Report-Back from Mexicali Conference
1) Final Resolution
Adopted by the International Conference in Defense of the Rights of
Maquiladora Workers and Against the FTAA (Mexicali, Mexico -- April
24, 2004)
2) Mexicali Conference Votes to Mobilize
to Defeat CAFTA -- Dossier on CAFTA sent to conference by the
California Campaign for Fair Trade and Human Rights
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1) FINAL CONFERENCE RESOLUTION
International Conference in Defense of the Rights of Maquiladora Workers
and Against the FTAA
(Mexicali, BC, Mexico, April 24, 2004)
- Full respect for the rights stipulated in Mexico's Federal Labor Law and
ILO Conventions 87 and 98!
- No to FTAA-NAFTA!
- No to the War!
We -- who participated in the April 24 International Conference in
Mexicali, either in a personal capacity or delegated by our unions and
organizations in the United States, Mexico and Canada; and who were
supported by many other unions and organizations that sent greetings and
that have pledged their commitment to promote our action proposals --
hereby declare the following:
1. The North American Free Trade Agreement (NAFTA) that has been in effect
over the past ten years in the United States, Mexico and Canada has
accelerated the liquidation of labor and social rights. During this period
in these three countries, processes of deregulation of labor rights, and
privatization and destruction of public services have been imposed or
accelerated.
In Mexico, this has meant the ruin of millions of peasants. The country
has been converted into an importer of corn, wheat and soy. This has
profoundly affected the agrarian reform, a conquest of the 1930s. A series
of attacks against the Mexican nation have been launched against public
education, healthcare, social security, oil and electric utilities,
pension systems -- and the list goes on.
NAFTA has been the institutional framework that has promoted the
proliferation and deepening of the policy of maquiladoras -- or
pass-through sweatshop industries -- in which the policy of labor
deregulation prevails, leading to long working hours, unsafe working
conditions and the systematic denial of basic labor rights.
During the past ten years, over 700,000 jobs have been lost in the United
States. The over-exploitation of migrant labor has occurred. Labor
relations in the United States have been deregulated, and employers and
the government have launched successive attacks against union rights.
Employers threaten workers with relocation of factories to other countries
if they do not accept lower wages and benefits.
2. Today, the governments have announced a move to impose the Free Trade
Area of the Americas (FTAA), which would represent the deepening and
multiplication of NAFTA-like policies throughout the continent. The FTAA
is nothing but a planned attempt to break up the nations of our continent;
the very existence of nations is menaced. As several workers'
organizations have stated, "The FTAA is not an alliance between
peoples to serve the peoples; the FTAA is an 'alliance' of the
multinationals and the big banks against the peoples of the
continent."
Through the FTAA, the multinational corporations and the governments in
their service intend to drive down wages and working conditions for all
workers across Mexico and the rest of the Americas to the level of the
workers in the maquiladora plants along the U.S.-Mexico border. Gone will
be all labor regulations. Gone will be the conventions of the
International Labor Organization -- such as ILO Conventions 87 and 98,
which safeguard the right to form independent unions and bargain
collectively.
Through the FTAA, the multinational corporations seek to control all our
natural resources -- as is occurring in Mexico today with the attempt to
privatize electricity, to hand over our gas to the U.S. oil conglomerates,
and to liquidate the healthcare and pension systems of the ISSSTE (Social
Security Institute of State Workers) and the IMSS (Social Security
Institute of Mexico). The FTAA is the manner in which the U.S.
government's imperial war policies and destruction of nations, best
exemplified with the U.S. war and occupation of Iraq, are expressed in the
Western Hemisphere.
3. At the meeting in Miami of the Trade Ministers of 34 countries of the
Americas, the Bush administration, in agreement with the Brazilian
government, defined a new format for the FTAA. It was dubbed "FTAA
Lite" or "FTAA ŕ-la-carte" by the media. While portrayed,
falsely, as a setback for the U.S. government's drive to impose the FTAA,
the Miami Summit, in fact, gave Bush the green light to move ahead with
bilateral and regional agreements aimed at paving the way for the full
implementation of FTAA, as projected.
The CAFTA (Central American Free Trade Agreement) agreement between the
United States and Central America is one of the first expressions of the
"FTAA-ŕ-la carte." In this framework the Central American
countries would be converted into mere territories for maquilas and
sources of raw materials. The government of Costa Rica has refused to join
the CAFTA. [See full report on the fight to defeat CAFTA below.--OWC]
Another advance of the "FTAA ŕ-la-carte" is the "North
American Energy Treaty" that is slated to be signed between Mexico
and the United States. Mexico would place at the disposal of the U.S.
multinationals cheap fuels so that companies can rake in enormous profits
as well as face the energy crisis they themselves have caused through
their speculative policies.
4. Maquiladoras are the model the FTAA will install and try to impose
throughout Mexico, Central America and the entire continent.
In the maquiladoras:
* There is no respect for basic labor rights;
* National laws and ILO conventions (87 and 98) are not respected;
* 12-hour or more work days are imposed and there are no hygiene or
security norms;
* Child labor is exploited as is women's labor.
Special mention should be made of the deaths of dozens of young women
maquiladora workers in Ciudad Juárez, Chihuahua. The tough working
conditions and family disintegration they have been subjected to have been
aggravated by these deaths.
5. Nevertheless, it is necessary to take into account that even in the
toughest conditions, the maquiladora workers are resisting this ruthless
exploitation. They have achieved small advances. Examples of this
resistance can be seen with the Han Young, Duro Bag, Garment, Pung Kook,
Industria Fronteriza and other maquiladora workers. Today the workers at
Daewoo Orion de Mexico -- encouraged by the resistance that is beginning
to take shape across Mexico, with the unions moving to the forefront of
the struggle -- are fighting for the formation of an independent union.
Their leaders have been fired with the complicity of local labor
authorities.
6. This international workers' conference in Mexicali, originally called
by union activists at the Continental Conference Against the FTAA in Sao
Paulo, Brazil on December 12-14, 2003, took note of the fact that across
the continent working people are mobilizing to defend their nations
against the plunder promoted by the corporate "free trade"
agenda. In Bolivia, working people, led by the National Federation of
Mineworkers and the Bolivian Workers Federation (COB), prevented the sale
of gas to the multinationals and toppled a president prepared to give away
a valuable resource that is the lifeblood of the Bolivian nation. The
miners are again ready to raise the strike flag to the call of "the
gas belongs to Bolivia." In Brazil, in October 2002, over 53 million
workers voted the Workers Party into the presidency of the country with
the hope of destroying the latifundios, improving their living
conditions and defending the sovereignty of the Brazilian nation. Today
these workers are demanding that this mandate be honored. In the United
States, as in many other countries, thousands of workers and youth marched
on March 20, 2004 to demand, "Bring the Troops Home Now!" and an
end to the internal war against unions and labor rights in their country.
7. In Mexico, a powerful movement is rising up under the banner of
"The Nation Must Not Be Destroyed!" Last November 27, over
200,000 workers raised their voices in Mexico City, shouting, "Do you
get it Fox: The country is not for sale!" in a magnificent national
demonstration of the vitality of the workers' movement. That same day
thousands of workers in other cities around the country also took to the
streets. The imminent privatization of the energy industry was brought to
a halt. The fiscal reform that would have bled even more the hardworking
families was halted. Today, we are witnessing workers from the Mexican
Institute of Social Security (IMSS) marching through the streets of the
country, accompanied by leaders and workers from the Frente Sindical
Mexicano (FSM) and the UNT (National Workers Union), shouting: "Hands
Off Social Security: It's Our National Patrimony!" Everywhere, IMSS
workers are stating, "We are prepared to go on strike if the planned
attacks against the IMSS workers continue, as we know that such attacks
will only embolden the government and the bosses to move forward with
their plans to destroy the public schools and universities, Telmex, the
Federal Council on Electricity (CFE), Pemex, and more!"
That is why we who have gathered in Mexicali on April 24 have received
with great enthusiasm the proposals of the leaders of the UNT and the FSM
to prepare a nationwide general strike to defend labor rights, social and
labor institutions and the rights of workers in general, in such a way
that the entire nation can organize itself and defend its integrity.
8. We reiterate our view that the offensive against labor rights in
Mexico, in the United States and in the rest of the countries of the
continent -- as well as the existence itself of maquiladoras -- forms part
of a general offensive against the nations of our hemisphere and around
the world, as seen with the war in Iraq. In this sense we support the
International Campaign Against the Occupation and for Labor Rights in Iraq
and its appeal for the withdrawal of all occupation forces from Iraq, and
we call for support and participation by labor activists in the
International Trade Union Meeting in Defense of ILO Conventions to be held
next June 13 in Geneva, and we will propose that this Meeting take up the
demands of maquiladora workers in Mexico.
* We insist that these ILO Conventions must be implemented, both in the
maquiladoras in Mexico and throughout the United States. Let us remember
that ILO Convention 87, concerning Freedom of Association and Protection
of the Right to Organize, states: "Workers and employers, without
distinction whatsoever, shall have the right to establish and, subject
only to the rules of the organization concerned, to join organizations of
their own choosing without previous authorization." (Article 2), and
that "The public authorities shall refrain from any interference
which would restrict this right or impede the lawful exercise
thereof." (Article 10)
* ILO Convention 98, concerning the Application of the Principles of the
Right to Organize and to Bargain Collectively, stipulates: "Workers
shall enjoy adequate protection against acts of anti-union discrimination
in respect of their employment." (Article 1), and "Workers' and
employers' organizations shall enjoy adequate protection against any acts
of interference by each other or each other's agents or members in their
establishment, functioning or administration." (Article 2)
9. On the basis of this resistance and these legitimate aspirations, we
agree unconditionally to defend the rights of maquiladora workers and in
particular:
- We demand the reinstatement of the workers fired from Daewoo Orion in
Mexicali, and we demand the recognition by the public authorities of the
independent union they are organizing;
- We demand the back pay and severance pay to which the workers of Flor de
Baja in Mexicali are entitled under Mexico's Federal Labor Law;
- We insist the rights stipulated in the Federal Labor Law and in ILO
Conventions 87 and 98 be duly implemented. Rights enshrined in Mexico's
Federal Labor Law and in these ILO Conventions, which Mexico has ratified,
must be respected throught the entire Mexican territory, with no
exceptions!
- We say No to FTAA-NAFTA!
- We agree to send a self-financed delegation from the Mexicali Conference
to the International Trade Union Meeting in Defense of ILO Conventions
next June 13 in Geneva, formed by one Mexican worker and one North
American worker for which we will carry out a financial campaign.
- We demand the end of the war in Iraq and the withdrawal of all
occupation forces from Iraq. No to war against peoples in any form!
- We hereby agree to promote these demands in the demonstrations that will
take place on May 1.
(Mexicali, BC, Mexico, April 24, 2004)
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2) Mexicali Conference Votes to Mobilize to Defeat CAFTA
One of the decisions taken at the April 24 Conference in Mexicali in
Defense of the Maquiladora Workers and Against the FTAA was the decision
to help mobilize working people and their organizations across the United
States, Mexico and Central America to defeat the Central American Free
Trade Agreement (CAFTA). The delegates resolved, in particular, to work to
ensure the defeat of CAFTA in the U.S. Congress, and to urge the
governments of Central America to withdraw from CAFTA negotiations.
What is CAFTA?
CAFTA is a regional agreement between the United States and five
Central American countries: Guatemala, El Salvador, Honduras, Nicaragua,
and Costa Rica. The Dominican Republic was "docked" onto the
agreement in March 2004. (Costa Rica has since withdrawn from CAFTA
negotiations.)
CAFTA could come up for a vote in the U.S. Congress as early as June 2004.
The Bush administration is actively seeking passage of CAFTA as a
strategic step in the race toward a larger prize: the Free Trade Area of
the Americas (FTAA), which would include every country in Central America,
South America, and the Caribbean, except Cuba.
Why should working people in the United States and across Central America
oppose CAFTA?
The California Campaign for Fair Trade and Human Rights compiled a series
of reasons, or talking points, to mobilize widespread opposition to CAFTA.
This packet, along with greetings, were sent by the California Campaign
for Fair Trade and Human Rights to the Mexicali conference. Here are some
of the reasons they list:
* The U.S.-Central America Free Trade Agreement (CAFTA) expands the
"free trade" model of the North American Free Trade Agreement
(NAFTA) that has failed workers and working families in Canada, Mexico and
the United States.
* The negotiation process for such agreements is not democratic,
open or transparent
* The CAFTA labor provisions fail to meet core International Labor
Organization standards, provide ineffective enforcement mechanisms, and
are woefully inadequate to prevent continued job flight from the United
States, or to protect workers in Central America.
* The goal of the NAFTA "free trade" model is to remove
"tariff and non-tariff barriers to trade." The
"barriers" sought for removal are laws, rules and regulations
established in the framework of national states in the service of labor
rights, environmental protection, national economic development, public
health, food security and human rights.
* CAFTA threatens to severely impede new labor laws in the United
States, including prevailing wage laws, project labor agreements on
government construction, and local or union purchasing preferences, and;
* CAFTA would extend NAFTA's assault on manufacturing jobs in the
United States.
* CAFTA could require the privatization of federal, state and local
government services, and of at least parts of the US Postal Service.
* The CAFTA rules on trade in services significantly alters
regulation of services, and grants greater control to business in
regulating and providing services such as health care, construction,
telecommunications, education, tourism, water distribution, and energy
services.
CAFTA and Workers' Rights
The California Campaign For Fair Trade and Human Rights produced a
separate memo that exposes the inadequacies of workers' rights provisions
under CAFTA in greater detail. Here are some of the salient points in
their document:
* CAFTA fails to include standards set by the International Labor
Organization (ILO) and instead, only provides for action to be taken in
the case of a county's repeated failure to enforce its existing domestic
laws, regardless of how inadequate these laws may be. In addition, this
provision has substantial loopholes for non-enforcement so that it would
be extremely difficult to take action when countries fail to enforce their
labor laws in an effort to attract investment.
* Even if a case can be argued against a country's non-enforcement
of its domestic labor laws, the penalties available for non-enforcement
are extremely weak. A country that repeatedly fails to enforce its own
labor laws under CAFTA is merely required to pay a fine to improve labor
rights enforcement -- the amounts of these fines are capped, and the money
paid by an offending country is actually paid back to that violating
country. There is no mechanism in place to guarantee that these fines
would actually be used to improve labor law enforcement. In such the fines
could easily be treated as a cost of increased investment, ensuring that
enforcement failures would continue. The weak penalties provided for
violation of CAFTA's labor provisions are in contrast to powerful trade
sanctions and cash damages provided for violation of CAFTA's commercial
provisions.
* The lack of meaningful workers' rights protections in CAFTA is
particularly harmful in light of Central America's poor record on workers'
rights. Worker's rights currently in the CAFTA countries do not come
anywhere close to meeting international standards. Workers regularly
suffer discrimination and abuse. Union-busting tactics, discrimination
against women, and the use of child labor are widespread practices in
Central America, where labor rights protections are wholly inadequate. In
El Salvador and Nicaragua, workers fired for union organizing have no
right to be reinstated; the Ministry of Labor in El Salvador often ignores
the anti-union conduct of employers, and impedes workers' right to freedom
of association.
These types of labor rights violations are endemic to the region. Indeed,
attacks on labor organizers in Guatemala have resulted in torture and even
murder.
* Export Processing Zones (or EPZs) where maquila factories
operate are already prevalent throughout Central America and would expand
dramatically under CAFTA. EPZs are areas of land where goods can be
manufactured without taxes or export duties, as would normally be
required. EPZs are also known for their human rights abuses and
non-enforcement of health, safety, and labor regulations in what are often
sweatshop factory conditions. Most of the clothing production in the
region already takes place in EPZs where foreign companies hire mostly
women aged 15-25 to provide cheap labor under poor working conditions.
Women and girls working in the maquiladora sector in Guatemala, for
example, though formally protected under the law, encounter persistent
discrimination -- including mandatory pregnancy tests as a condition of
employment; denying reproductive health care to pregnant workers; and even
firing pregnant women.
* What's more, maquila workers often endure relentless hostility
toward union organizing, inhumane working hours, and working environments
that compromise health and safety.
More Than Ever, We Must Mobilize Today to Defeat CAFTA!
The good news is that the CAFTA agreement has yet to be passed and it can
be stopped. We can defeat CAFTA in Congress with education and
organization.
Unionists and activists interested in learning more about what they can do
to stop CAFTA should contact the Citizens Trade Campaign Against CAFTA.
Visit their website at www.citizenstrade.org
or contact the office directly at (202) 778-3320. The Campaign can also be
reached at P.O. Box 77077 Washington, DC 20013. -- A.B.