December 5, 2007
Global Workers just learned that one worker in Guatemala refused to pay the illegal and exaggerated recruitment fees required for him to go to the US with the guest worker H-2 program. Although the recruiter had already chosen this worker to go, he was dropped off the list when he stood up for his rights. Global Workers is working in coordination with a US NGO to see what can be done for this courageous worker. The hope is that a retaliatory claim can be brought to offer some relief and, equally as important, this sparks a transnational call to end the illegal charges.
November 17, 2007
While investigating the coercive tactics of the US forestry companies (actually, the subcontractors the companies hire to recruit the guest workers) Global Workers learned first hand of the particularly exploitative conditions under which these Guatemalans labor legally in the US. Although illegal under US and Guatemalan law, the Guatemalan workers are required to pay upfront all of their transportation and visa fees to go to the US through the guest worker program. Borrowing typically US$1,500 (almost one year salary for a subsistence farmer) from private unregulated lenders who charge 10-20% interest per month, these workers arrive in the USA deeply in debt and desperate to work to pay off the loans. Earning $150-$350 (way under the minimum wage for a 60 hour work week) a week after taxes, housing and food costs, many workers complained to us that they do not earn enough to even pay off the loans.
Why then do the pine tree workers return year after year? The answer lays in the fraud that is rampant in the whole guest worker system. Many forestry companies request visas for double the length of the actual work then allow the worker to go “free”, that is go work illegally for another company. It is the unauthorized work where they make enough money to justify the return year after year. But, if one can’t find work off the books or some tragedy befalls a worker, then the debt spirals out of control putting the small land holder in Guatemala at risk of losing the only thing he has—his land. As we write this, a mother of two in Guatemala is considering migrating illegally to the US because her husband died while planting pine trees in the US leaving her with a crushing debt that rises dramatically every month. What option does she have but to abandon her small children to seek work in the US in order to keep a roof over her children’s heads? As currently structured, the US guest worker program fosters exploitation and is truly a shameful regime.
November 16, 2007
Huehuetenago, in the northwest highlands of Guatemala, is the largest migrant sending area in Guatemala. From here originate most of the approx. 4,000 forestry workers who go the US every year through the guest worker program to plant pine tree saplings. One of Global Workers’ partners in the US, contacted us to investigate a disturbing case. This NGO currently has several class actions pending on behalf of grossly underpaid pine tree workers. Apparently, the Guatemalan recruiter and a representative from the US company pressured the workers (almost 500 of them) to “opt-out” of the case in order to “support the company.” The workers who were attending the recruitment meeting had little choice but to sign the form if they wanted to return to the US. A coercive action like this is unprecedented. Global Workers worked with the US NGO to investigate the facts and obtain affidavits from the workers. Once the judge learns of the circumstances it is hoped that he will nullify all of the “opt-outs” and the 4,000 worker strong case will continue forward.
November 12, 2007
Global Workers had a very productive meeting with the US Consul General and his staff. Much to our delight, the consulate has taken our advice seriously and is putting in to practice our suggestions to reduce worker exploitation. Recently, they began distributing to every H-2B guest worker (approx 5,000 in 2006) a know your labor rights flyer with contact information for assistance. Global Workers had provided the consulate with the first draft (designed in collaboration with the Southern Poverty Law Center) during a previous visit. Prior to Global Workers advocacy, the guest workers received their visas from the US consulate and then went legally to the US without the slightest idea of their rights. In large part due to an absolute lack of knowledge of their rights, these workers were subject to levels of exploitation that arose to trafficking in several instances (see New York Times articles on our Publications page). In addition, they have committed to informing US employers of the Guatemalan labor laws that are implicated when they recruit workers to go abroad. Apparently, they will be sharing their efforts with other consulates across the world that handle the guest worker program. The US consulate in Guatemala has taken a very important step forward to help these workers and must be commended for taking the lead.
November 9, 2007
Global Workers came to Guatemala with several objectives: to secure the commitment of additional NGOs to join the network; to continue the advocacy with the US consulate; and to investigate a guest worker forestry case in the western highlands. Fortunately, all the objectives were successfully met. Global Workers is proud to announce that the Guatemalan Social Ministries on Human Mobility, the Center for Migrants in San Marcos, and the Social Ministries in Huehuetenango have committed to working with us to serve transnational migrants. After several years of outreaching to Guatemalan human rights organizations, we have finally identified and received commitments from enough advocates to set the first training. In April we hope to train Guatemalan and Mexican advocates together on US employment law so they can they can they work in partnership with their counterparts in the US to ensure justice for migrants who have worked in the USA.
September 3, 2007
Global Workers crossed into Guatemala to meet with the human rights organization, Casa del Migrante (“Migrant’s House”) that assists migrant workers on the other side of the border. The Center mostly helps Central American migrants who are heading north. Offering food, shelter, and limited medical care, over 17,000 migrants pass through its doors every year. More recently, the center has looked into the Guatemalan migrants who cross over to Chiapas to work in the harvest. The center has begun to educate Guatemalan workers on their labor rights in Mexico. Conditions are not good on the plantations in Chiapas, but little is known about the extent of the problems. Some workers have complained about not being paid for months at a time. But without meaningful access to justice in Mexico it is challenging for those workers to demand that their rights be respected. With limited options to enforce even the most basic labor rights, many will likely choose the risky route of migrating to the United States in hopes of finding better paid work. Unenforced labor rights have negative domino consequences well beyond the immediate employer-employee relationship. Development and rule of law at home is a key factor in realizing the right not to migrate.
September 1, 2007
Tapchula, the southern most city in Chiapas, is a city known for the Central American migrants passing through on the train as they head to the United States and as an area of destination for Guatemala migrant workers. Hundreds of Guatemalan women and girls come to Tapchula to work as domestic workers. In addition, approximately, 60,000 Guatemalans migrate annually to work in the harvest in the southern plantations. All of these workers suffer labor abuses, the extent of which is largely unknown. The one and only human rights organization in Tapachula, the Center for Human Rights, Fray Matias (almost all of the human rights organization in Chiapas are named after Jesuit priests) is just beginning to expand its work with the abused Guatemalan migrants. After some outreach campaigns on labor rights resulted in workers decrying exploitation, they are further exploring bringing labor cases on behalf of the workers. At the present they just support, but do not directly represent, workers through the Ministry of Work labor complaint process. Distressingly, the state only employs one lawyer to bring labor complaints to court for a multi-county area. With only one lawyer to bring claims free of charge for thousands of workers one can only imagine the amount of injustice that goes unaddressed. For the few labor cases that Fray Matias has supported, many were halted due to portable justice issues that is the cases were dropped because the workers returned to Guatemala.
August 30, 2007
While in Chiapas, Global Workers needed to locate 8 migrants who had sued their employer to recover unpaid minimum wages for their labor picking tomatoes. Although the workers had won the law suit, they had lost contact with their lawyers and were at risk of never recovering their stolen wages. After calling numbers that no longer worked and having notices returned by the post office, the non-profit was on the verge of giving up when it called Global Workers. As Global Workers was meeting with the various human rights groups it was also enlisting their help to locate the workers. Many of the workers will likely still be in the United States. The process to win the trust of the family members so they inform their loved ones to contact the Florida non-profit about the lawsuit, is often a protracted process. Enlisting local, trusted organizations to support the process is key. For the three workers in the San Cristóbal area, the different parishes pledged to reach out to the families. Hopefully, Global Workers will have good news to report in a few months.
August 29, 2007
Global Worker had an interesting meeting with the local office of the National Commission of Human Rights, a federal entity that investigates abuses by federal officials. In Chiapas they receive complaints from migrants in transit who have been victims of federal police abuse. Unfortunately, this is an all too common phenomena. Migrants going north are systematically exploited by corrupt police officials. Not surprisingly, the National Commission’s cases suffer from the same portable justice issues that plague all advocates representing transnational clients. Although they do their best to get home country information from the migrants who for the most part are deported or continue their journey north, 50% of the cases are dropped because they can not locate the victim at a later date. Without the evidence, the National Commission can not press its case against the abusive police officers. As a result the abuse continues unchecked. Clearly, civil rights cases would also benefit from the Global Workers’ network.
August 27, 2007
Global Workers approach in identifying potential partners is to make contact with organizations that have legal departments and outreach capacity. A legal department is necessary because the advocates will be assisting in labor cases originating in the USA, identifying new cases, providing direct legal services for issues that arise locally related to the migration, and to continually identify bigger picture legal and legislative challenges to portable justice that must be addressed. Outreach capability is equally important. Much of the legal support work consists of interacting with the workers who may be spread out over a large region. One needs staff willing and able to do this. Teaming up with an organization that already has grass roots human rights education programs is of a particular benefit. They can use the already established infrastructure to educate migrants about labor rights—both pre and post departure. This is key to reduce exploitation. Global Workers can train one organization on labor rights and then hundreds, if not thousands of workers will benefit. The multiplying effect of working through capable local organizations is astonishing.
Now finding the organizations with that capacity is the challenge.
Many human rights organization exist in the San Cristóbal region. But there seems to be a separation between human rights organizations, many of whom have legal departments or cooperating attorneys, and ones that work specifically with migrants, which are more social services oriented. The disconnect can in part be credited to the advocates’ sense of inability to address issues that physically occur somewhere else. The results of the first outreach effort to this region was positive. But follow-up visits are needed to discern which organizations will be the most natural fit.