A quick stop through Brazil on the return from Bolivia has proven quite fruitful. Cathleen met with labor lawyers, union leaders, and migrant experts to discuss about portable justice issues and establish alliances for future work. Approximately 300,000 unauthorized workers from Bolivia labor in the garment industry concentrated in Sao Paulo, Brazil. Although Bolivians are freely allowed to enter Brazil, a foreigner is not allowed to work without employment authorization. Without the “cartera de trabalho” or work book issued by the Ministry of Labor one can not be a recognized or formal worker. Due to the difficulty in obtaining the permit, most Bolivians work informally, i.e. in an unauthorized manner. Interestingly, informal work in Brazil is not defined by the industry but by the employer’s documentation of the employment relationship in the employees’ work book. The employer literally records the contract terms and the length of employment directly in the book. Recently, the Brazilian parliament has addressed the exploitation of these workers. They are currently exploring ways to make the work authorization process more accessible in an effort to bring these workers into the formal economy. Although informal workers still have rights under the Brazilian labor system, many do not exercise them out of fear of deportation.
While in Bolivia, Cathleen discussed with Bolivian lawyers the local laws in regard to recruiting Bolivians to work abroad. In 2006, 147 Bolivians participated in the USA guestworker program. Some of these Bolivians were brought to work in Decateur Hotels in New Orleans after Hurricane Katrina. Theses workers, along with workers from Peru and the Dominican Republic were grossly underpaid. The Sothern Poverty Law Center is currently suing Decateur hotels on behalf of these guestworkers. Global Workers made alliances with labor lawyers in Bolivian to support that law suit and to lay the ground work for future collaboration. Portable justice means that workers have the right to exercise their rights even after leaving their country of employment. Global Workers will continue to push for this basic human right for migrants.
Global Workers came to Cochabamba, Bolivia as a guest speaker in the People’s Summit for South American Integration Legal Workshop, coordinated to coincide with the Second Summit of South American Presidents, December 8-9, 2006. Representing Global Workers, Cathleen Caron, joined labor lawyers from Bolivia, Argentina, Brazil, and Cuba to discuss various themes including fairer free trade, labor protection and trade agreement linkages, human rights and integration, and social security systems. Cathleen made a presentation on the rights of transnational migrant workers which was well received. In the context of Bolivian migration, portable justice was particularly relevant. Bolivia is the major sending country in South America, with over three million Bolivians living outside of the country. Most migrants go to Spain, where until March of this coming year, Bolivians can travel to without a visa. Other major receiving countries for Bolivian migrants are Argentina, Brazil, and the United States.
In addition to the Legal Workshop, Cathleen had the opportunity to attend the other parts of the People’s Summit. Over three thousand delegates mostly from South America came together to discuss South American integration consistent with human rights principles and dignity for all peoples. The indigenous delegations were particularly well represented and vocal.