REPRESSION IN THE ATLANTIC ZONE OF COSTA RICA
by Gilbert Bermúdez Umaña and Ramón Barrantes Cascante for the Banana Workers Unions Coordinator
National and International Labor Union Movement, National and International Non-Government Organizations, International Development Organizations, World Trade Organization, European Union, Inter-American Commission of Human Rights, International Court of Human Rights, International Labor Organization (ILO), Congress of the United States of America, Department of Commerceof United States of America.The Banana Workers Unions Coordinator of Costa Rica, made up of the Agricultural Plantation Workers Union (SITRAP), Industrial Union of Agricultural Workers, Cattle Raisers and Annexes of Heredia (SITAGAH), Chiriqui Land Company Workers Union (SITRACHIRI), and the Workers Union of PAIS, S.A. (SITRAPAIS) (in formation), denounce before national and international public opinion, the mistreatment and the violation of human rights and workers rights by the banana companies against thousands of male and female banana workers.
In effect, the labor unions that are members of this Coordinator, by this means, once again, make public the aggressions to which we are subject by the business sector of our country, which has orchestrated a fierce campaign against the labor union Organizations, the affiliated workers and labor union sympathizers, present in the banana plantations of Costa Rica.
This campaign has different levels, which go from verbal intimidation against the male and female workers who sympathize with the Unions, to threats against the physical integrity of labor union leaders, and the laying off of labor union members and leadership, "blacklisting" these, and other mistreatments against our fellow male and female workers. Thus, our fellow workers confront situations cha-racterized by the following:
1. Long work days and low salaries
With the intention of raising their competitiveness, the banana companies have implemented a series of changes in the forms of production which go against the most fundamental rights of banana workers. These aggressions include infringing the right to proper rest periods, the imposition of long working days, which most often go from twelve to sixteen hours a day, many times without the payment of overtime. The salaries, also, are extremely low, when one considers the high cost of living on the banana plantations.
Moreover, the male and female banana workers have not received a real raise in salaries for approximately ten years. What has increased are the work loads, and working hours, which explain the "high salaries" that are quoted in the government and business spheres. The truth is that these "high salaries" received by some banana workers are the fruit of over exploitation with long working hours that exceed the legal limits.
The salaries on the banana plantations have in fact decreased. To cite one example, in 1993 the work day of 8 hours earned the equivalent of 250 dollars a month, but in 1997 this same time worked earns the equivalent of only 187 dollars. This descending curve, which began in the early 90s, continues today.
The increased competitiveness of banana companies rests on the shoulders of banana workers, male and female, Costa Rican and foreign, on their growing poverty and exploitation. This contradicts what the President of Costa Rica has expressed publicly, when he says that the country will not compete in the international markets on the basis of "poverty and low salaries, but on education and technology", in order to maintain and raise the living conditions of the population. This, however, is not the case for thousands of men and women who work on the banana plantations.
On the other hand, we have also been expressing our great concern over the fact that all these situations have a negative impact on family life among banana workers, as well as on the development of religious and spiritual values. In fact, the long working days make it difficult for workers and their families to dedicate much time to education, re-creation, culture and religious faith.
2. Lack of labor union liberties
Currently the banana companies promote models of worker organizations, that permit them to make labor relations more flexible and controlable. At the same time, the companies carry out disloyal labor practices which impede the workers from organizing into labor unions. There is no real freedom for unions to organize on the banana plantations and packing plants, despite the great number of national and international laws that require it. Every person, man or woman, who tries to form part of a labor union, or who simply sympathizes with a labor union, is automatically laid off, or is persecuted and harassed until he or she renounces his or her affiliation to the union.
As part of this anti-union policy, the banana companies circulate the so-called black lists among themselves. Recent examples of this problem are the cases cited below:A. The Company PAIS, S.A. wants to impede the creation of a labor union at all costs This company, property of CORBANA, S.A., located in Sixaola, is attempting all kinds of strategies to prevent the creation of a union in the company. The workers who are discontent with their salaries, poor working conditions, and poor treatment by the company, decided to form a union in order to defend their rights collectively. In turn, the company fired 11 workers, among them, 5 of the 7 members of the Board of Directors of the newly formed union. This was done with the clear intention of decapitating the movement. Following this, the Company began a process of moral intimidation of the workers so that they would not join or would leave the labor union. The company also impedes the access of the labor union leaders to the workplace, in clear violation of the Freedom of Labor Union Organizing of the Political Constitution and the Labor Code, backed by the International Agreements of the ILO.B.
The Company el CEIBO, S.A.: labor union leader receives death threat One of the members of the Board of Directors of SITRAP received a death threat by one of the upper officials of the Company El Ceibo, S.A. This action took place in the context of an ongoing battle between the company and the labor union, where the following points need to be highlighted: -Labor union leaders are denied access to the work place, receiving threats against their physical integrity from the private guard of the company. -The disaffiliation of workers from the labor union is unlawfully promoted. -There is discrimination of workers affiliated to the labor unions, who do not receive the same rights and worker guarantees. -There is unlawful laying off of workers affiliated to labor unions.C.
The Company CANFIN, S.A.: Massive laying off of workers affiliated to the labor union SITAGAH In this company, member of the COBAL group, and subsidiary of Chiquita Brands, with headquarters in Puerto Viejo of Sarapiqui, 21 workers affiliated to the union SITAGAH were laid off on the 12th of October of 1996 (a holiday). This constitutes a clear violation of workers’ rights. Moreover, these workers suffer the cruel situation where they are unable to obtain work in other banana companies because CANFIN, S.A. passed the "black list" with their names on it to the rest of the companies, denying them the UNIVERSAL RIGHT TO EMPLOYMENT.
3. Poor Work Conditions
As part of the policies of "minimizing costs" some companies maintain unfavorable working conditions that threaten the health and life of those who work on the plantations and in the packing plants. The workers are not a-dequately trained regarding the fundamental norms of labor health, often resulting in work place accidents, where furthermore, many companies do not pay the work place risk insurance, leaving the workers vulnerable to any accident at the work place.
As a result of this situation, we find many illnesses among banana workers, most of which are caused by the contamination by the inadequate use of agrochemicals, a problem which has received little attention by both the go-vernment and business sectors.
4. Complicity of the Government
The governmental authorities reveal a dilatory attitude in all the processes that the labor union Organizations present to the offices of the Ministry of Labor and Social Security, making them "accomplices" to the business sector strategy against the banana workers and their organizations. This complicity is open in many Inspectors of Labor, and veiled in the case of the middle and higher levels of the Ministry of Labor.
This situation leaves the workers and their union organizations completely defenseless in their struggle to defend their interests and rights, which are guaranteed in the National Legislation and backed by the International Agreements of the International Labor Organization.
As a sample of the complicity of the Ministry of Labor and Social Security with the business sector, we offer the following cases in which this Ministry has slowed and blocked processes, delaying any resolution, and giving the companies time to continue doing as they wish.Unresolved cases by the Ministry of Labor and Social Security (M.T.S.S.) in Siquirres:
RIO PALACIOS S.A.: Process in the Ministry of Labor since 1994 where labor union Persecution and Disloyal Labor Practices are denounced.
PACUARE S.A.:Process in the Ministry of Labor since 1994, still unresolved.
ZENT S.A.: Process in the Ministry of Labor since 1994 still unresolved.
SIQUIRREÑA S.A.: Process with the resolution to file the case away, rendering the process questionable.
CODELA S.A.: Process filed away without resolution since 1993, regarding Company non-compliance with worker labor union quotas, and for Disloyal Labor Practices and labor union persecution.
Unresolved cases by the Inspector General of Labor of the M.T.S.S. in Sarapiqui, presented by the labor union SITAGAH.
BANANA COMPANY GACELA, S.A.: Request for inspection the 17th of July of 1995. This process has not been resolved and is still in the Office of the Minister.
COMPAÑIA BANANERA GUAPINOL S.A.: Process initiated in 1995, still without resolution, without even the required private hearing. The company has refused to give information to the Ministry of Labor. There are also three more cases regarding illegal layoffs of representatives of workers (Henry Prudente, Abel Miranda and Francisco Javier Espinoza).
BANANERA EL ROBLE S.A.: Process initiated in March of 1996, without resolution and in violation of due process for not submitting a report within three days after the hearing, as the law demands.
COMPANTA BANANERA GAVILAN S.A.: Process initiated in 1996. This case involves the unwillingness of the company to take out the union quota, and the layoff of a woman worker member of the Board of Directors of the labor union, as well as the harassment of workers affiliated to the union.
DESARROLLO BANANERO DEBA S.A.: Process initiated in March of 1996, harassment and persecution of affiliated workers, unjustified laying off of member of Board of Directors of the labor union.
COMPAÑIA BANANERA NOGAL: Process initiated in 1996, without receiving a hearing and still unresolved.
COMPAÑIA BANANERA OROPEL S.A.: Process initiated one year ago without resolution, and another more recent process also without resolution.
COMPAÑIA BANANERA CANFIN S.A.: Process initiated in early 1996. A private hearing was called for, where the company refused to appear and only the union appeared. Because the company presented a petition of nullity, although in an improper fashion, the case was sent to the Office of the Minister without resolution. This case is in addition to the denunciation made to the Minister in a note the 8th of July of 1997, in reference to the laying off of 21 workers the 12th of October of 1996, for the simple reason of the workers requesting a meeting with the administration during a holiday.
COMPAÑIA BANANERA GUAYACAN S.A.: Process initiated in 1996 without resolution.
It should be pointed out that in all the cases due process is violated, where justice is neither prompt nor resolved, in violation of the Legislation of Public Administration which requires the presentation of a report three days after the private hearings.
