For those who wonder why many people are skeptical of labor rights in Central America, read this decision from the 11th Circuit Court of Appeals last week.  The Court, based on charges by the Guatamalean workers and union leaders, is allowing a lawsuit against Del Monte foods under the federal Alien Tort Act (ATA) and the Torture Victim Protection Act (TVPA) based on the torture allegedly suffered by the workers.  

Here are the charges:

Private security forces are permitted and regulated in Guatemala. According to Plaintiffs, on 13 October 1999, Del Monte agents met with the security force "to plan violent action against the Plaintiffs and other SITRABI leaders."..

According to Plaintiffs, at 5:45 p.m. the security force, which is described as "a gang of over 200 heavily armed men," arrived at SITRABI's headquarters in Morales, Izabal. There, the security force held two Plaintiffs hostage, threatened to kill them, and shoved them with guns.

Later, a mayoral candidate appeared. While the candidate was at SITRABI headquarters, the security force "reached a consensus that the two main leaders of SITRABI [both of whom are Plaintiffs in this case] would be taken to a radio station . . . where they would be forced to denounce the union." Plaintiffs also allege that the actual Mayor of Morales participated. He, along with "several other armed aggressors," allegedly accompanied Plaintiffs to a radio station. There, Plaintiffs, at gunpoint, announced the labor dispute was over and that they were resigning.

The leader of the security force allegedly threatened to kill Plaintiffs if they failed to leave Guatemala or relocated to Mexico. Plaintiffs now live in the United States.

The scary part of the Appeals Court decision is that nothing that the private companies did violates international law or would have any cause of action in US courts on that basis.

Only because an elected official, the local mayor, was on hand did the court let the case move forward.

Which gives you a pretty good idea of why union leaders in both Central America and the US find a trade agreement without enforceable labor standards unacceptable in a region where private mercenaries threaten and torture workers and union leaders on a regular basis.