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RELATIONS BETWEEN THE EUROPEAN UNION AND LATIN AMERICA JOINT TRADE UNION WORK BY TUCA AND ETUC RELATIONS ENTRE L UNION EUROPEENNE ET L AMERIQUE LATINE TRAVAIL SYNDICAL CONJOINT CSA-CES FRANÇAIS P.33 ENGLISH P.3 European Trade Union Confederation (ETUC) Confédération européenne des syndicats (CES) P. 3 RELATIONS BETWEEN THE EUROPEAN UNION AND LATIN AMERICA JOINT TRADE UNION WORK BY TUCA AND ETUC ENGLISH P. 3 P. 33 RELATIONS ENTRE L UNION EUROPEENNE ET L AMERIQUE LATINE TRAVAIL SYNDICAL CONJOINT CSA-CES FRANÇAIS P. 33 European Trade Union Confederation (ETUC) Confédération européenne des syndicats (CES) RELATIONS BETWEEN THE EUROPEAN UNION AND LATIN AMERICA ENGLISH JOINT TRADE UNION WORK BY TUCA AND ETUC INTRODUCTION P.4 2. PROPOSAL FOR A ROADMAP FOR TRADE UNION MONITORING OF RELATIONS BETWEEN THE EUROPEAN UNION AND LATIN AMERICA AND THE CARIBBEAN (EU-LAC) P.5 3. IV EUROPEAN UNION LATIN AMERICA AND THE CARIBBEAN SUMMIT P PROPOSED SOCIAL CHAPTER FOR AN ASSOCIATION AGREEMENT BY AND BETWEEN CENTRAL AMERICA AND THE EUROPEAN UNION P THE STRENGTHENING OF THE ANDEAN COMMUNITY: NO TO BILATERAL NEGOTIATIONS P DECLARATION OF THE THIRD EUROPEAN UNION-MEXICO TRADE UNION MEETING P THE ECONOMIC PARTNERSHIP AGREEMENT (EPA) BETWEEN THE EUROPEAN UNION AND CARIFORUM P BASES FOR A PROPOSAL FOR A EURO-LATIN AMERICAN COHESION FUND P.31 3 INTRODUCTION This publication, which will appear in four languages (English, Spanish, French and Portuguese), brings together the main declarations and other documents drawn up jointly during the past two years by the Trade Union Confederation of the Americas (TUCA) and the European Trade Union Confederation (ETUC). Since June 1999, when the first Summit of Heads of State established the plan for a bi regional association between the European Union and Latin America and the Caribbean, the trade union movement in both regions has worked jointly to make the social dimension a principal focus of negotiations and to ensure that EU-LAC agreements are based on the principles of fair trade; facilitate integration processes within Mercosur, the Andean Community, Central America and the Caribbean; and promote development and social cohesion throughout Latin America. An ETUC-ICFTU-WCL-ORIT-CLAT working group was formed in Brussels in May 2001, since when it has held several meetings to establish a common trade union position. These organisations jointly held the First Trade Union Summit in April Since then, and prior to every government summit, the workers have made their voice heard through their own meetings, as in April 2008, when TUCA, ETUC and ITUC organised our Fourth Trade Union Summit. The Association Agreements signed by the European Union with Mexico and Chile, and the negotiations under way with Mercosur, the ACN and Central America are being monitored closely by ETUC and the trade union coordinating committees of these sub-regions, following the establishment of close trade union coordination within the context of the cooperation that exists between ETUC and TUCA. In our various trade union declarations and proposals, we have reaffirmed our denial that these Association Agreements are based on free trade and have demanded that they be genuine political, economic, social and cultural association agreements. TUCA's establishment in March 2008 through the merger of ORIT, CLAT and other Latin American trade unions boosted coordination with the European trade union movement. ETUC-TUCA trade union cooperation will be strengthened by the Working Plan that the two organisations signed in 2008 (which can be read in this publication) in order to work together with a view to approaching challenges, such as the current negotiations and the next Summit of Heads of State to be held in Spain in TUCA, ETUC and ITUC, with the Spanish trade unions' support, will be organising several activities in this regard to voice their demands. On previous occasions ETUC has published several pamphlets on Latin America, but this is the first time that there has been joint publication and distribution, as a further step in the trade union alliance between ETUC and TUCA. In this publication we wish to pay brief but deserved tribute to comrade José Olivio, who recently died prematurely. Mr Olivio, a trade unionist with Brazil's CUT, made a significant contribution, in his capacity as Assistant General Secretary of ICFTU, to boosting Euro-Latin American trade union work. John Monks ETUC General Secretary Víctor Báez TUCA General Secretary 4 Trade Union Confederation of the Americas (TUCA) European Trade Union Confederation (ETUC) ROADMAP FOR TRADE UNION MONITORING OFRELATIONS BETWEEN THE EUROPEAN UNION AND LATIN AMERICA AND THE CARIBBEAN (EU-LAC) (APPROVED IN NOVEMBER 2008 AND REVISED IN MAY 2009) In April 2005, meeting in Brasilia, the European Trade Union Confederation (ETUC), the Inter- American Regional Organisation of Workers (ORIT) and the Latin American Workers' Confederation (CLAT) signed an initial roadmap for joint EU-LAC trade union monitoring. In May 2008, on the occasion of the Fourth Trade Union Summit, the ETUC and TUCA representatives agreed to update the roadmap and to adapt it to the situation resulting from the creation of the new TUCA regional organisation. The ETUC and the TUCA recognise one another as the trade union partners for biregional relations while incorporating and supporting the work being carried out in their respective areas by the Latin American subregional structures with which the ETUC maintains working relations for the monitoring of negotiations with the EU. The TUCA, the ETUC and the coordinators held two comprehensive working meetings in 2008 to discuss the negotiations (5-7 March in Brussels and 15 May in Lima) and then met (together with the ITUC) for the Fourth EU-LAC Trade Union Summit (on 16 April in Lima). These meetings concluded with agreements whose implementation must take on board this Roadmap. The agenda must also include follow-up of the agreements entered into by the LAC-EU heads of state at their Summit (16 May in Lima) In May 2009, ETUC and TUCA held a meeting in Buenos Aires to broach the different common tasks and thereby update the roadmap. ENGLISH To sum up, there are three main thematic areas of work: 1. Iberoamerican Community and Summits 1.1 Trade union participation in the Summits of Heads of State 1.2 Strengthening of the Trade Union Summits 2. Economic relations between the EU and Latin American and Caribbean countries and regions 5 RELATIONS BETWEEN THE EUROPEAN UNION AND LATIN AMERICA - JOINT TRADE UNION WORK BY TUCA AND ETUC Mercosur 2.2 Andean Community 2.3 Central America 2.4 Caribbean 2.5 Mexico 2.6 Chile 3. Specific thematic aspects 3.1 Promotion of employment and labour rights 3.2 Fair trade 3.3 Social cohesion 3.4 Regulated investment 3.5 Multinationals 3.6 Corporate Social Responsibility 3.7 Migration 3.8 Flexicurity 3.9 Women s rights 1. Trade union participation in summits and negotiations Once again, the organisers of the Lima Summit of Heads of State failed to treat the trade union movement as a real social partner. The Trade Union Declaration was delivered in the run-up to the Summit, but during the meeting there was no dialogue between unions and the Summit organisers or spokespersons. The Trade Union Declaration was not mentioned in the Declaration of Heads of State, although it was published on the EU website. The ETUC will ask the European Commission and (with the assistance of the Spanish trade unions) the Spanish government, to ensure that the TUCA and the ETUC are consulted during preparation of the draft final declaration for the next Summit, to be held in Spain in 2010, particularly on labourrelated subjects. Likewise, the TUCA and the ETUC will ask to meet the Heads of State (or their representation) during that Summit to present our claims officially. Possibilities were explored for cooperation with other social movements and organisations which are also active in EU-Latin America relations. The TUCA, ETUC and ITUC will meet with the Spanish members to prepare the 5th EU-Latin America Trade Union Summit. 2. Strengthening of the Trade Union Summits To enhance the representativeness, visibility and effectiveness of the Trade Union Summits, they must be organised more autonomously in relation to the meetings of civil society representatives organised by the EESC, although it is also advisable to maintain our active participation in these meetings with employers and other groups. The 5 th Trade Union Summit will try to concur as closely as possible with the 6th Summit of Heads of State and of Government (Madrid, May 2010) so as to give visibility and greater effectiveness to our intervention before said heads of state and government. Financial aid will be coordinated with the help of the Spanish trade unions so that the next Trade Union Summit is organised independently by the ITUC, TUCA and ETUC in such a way as to be attended by as many trade unionists as possible, who shall be elected by their unions. To the same end, the ETUC will take the necessary steps to try to secure Community economic assistance for the Trade Union Summit (like that already granted, for example, to the meeting with NGOs) Promotion of employment and labour rights The Summit of Heads of State agreed, among others, on the following points: To promote the creation of decent work, more jobs and the establishment of vocational training programmes. To set aside the necessary resources to strengthen or, where necessary, to promote reforms of social protection systems. To foster the participation of the competent authorities and of all stakeholders, including civil society, in LAC-EU networks for the transfer of knowledge and the exchange of information on social policies. To develop more effective labour and employment policies through social dialogue and cooperation by governments, employers and workers, and the implementation of corporate social responsibility and respect for workers' rights, including collective bargaining, with a view to creating decent work that is fitting and productive for all. 6 To strengthen capacity-building programmes for political and social actors. The ETUC and the TUCA will seek talks with the EU and the Latin American governments in order to stay informed on how these guidelines are being implemented and the form that trade union participation is taking in the programmes agreed, and in others that the trade unions might propose, for example on social dialogue. 4. Social cohesion The Brussels and Lima meetings alike raised the issue of the necessity for trade unions to formulate proposals for social cohesion in LAC, and particularly to address the ways in which the EU can contribute to the development of the LAC partner countries through a compensation mechanism. The Summit of Heads of State and Government also referred to this subject (for the first time), mentioning the new external mandate of the European Investment Bank as an opportunity to increase investment for the maximum benefit of the LAC region. In accordance with the approach outlined by the Trade Union Summit, the TUCA and the ETUC, at a seminar sponsored by the Fundación Alternativas de España, the CCOO and the UGT on 20 and 21 November, held an initial discussion based upon a research project by Fundación Alternativas for the development of a trade union proposal for application of a cohesion policy in Latin America based on the European experience with the Structural and Cohesion Funds. They agreed on various initiatives with respect to the preparation of an ETUC-TUCA trade union proposal to be approved by both organisations. The TUCA will formulate a draft proposal that it will present for its discussion with the ETUC at the World Social Forum to be held in January in Belem (Brazil), to be attended by an ETUC delegation, like the previous fora. 5. Multinationals In relation to multinational enterprises, the Trade Union Summit called for: a commitment to observe the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the Kyoto Protocol and other multilateral environmental agreements and human rights agreements in general. the inclusion of the experiences of international framework agreements between international trade union federations and transnational enterprises with head office in Europe and subsidiaries in Latin America or the Caribbean. The ETUC and the TUCA will engage in dialogue with European and international branch federations in order to cooperate on the establishment or strengthening of coordination between workers employed by multinationals established in LAC, using the European Green Paper as a reference. The possibilities of capitalising to the maximum on the experiences of European Works Councils will be taken into account. 6. Migration Like all the earlier gatherings, the latest Trade Union Summit referred to the rights of immigrant workers. The Summit of Heads of State and Government stated: We consider it fundamental to ensure effective enjoyment and protection of human rights for all migrants. Based on the principle of shared responsibility, we will develop a comprehensive approach to international migration, including the orderly management of migratory flows, focusing on the mutual benefits for the countries of origin and destination, and fostering the recognition and public awareness of the important economic, social and cultural contribution of migrants to the host societies. We stress the importance of fighting racism, discrimination, xenophobia and other forms of intolerance. However, only a few months later, the EU approved the so-called return directive , which contradicts this declaration and parts of which undermine the human rights of immigrants. The ETUC has expressed its rejection of this directive. The ETUC and its member organisations will pressure their governments and parliaments to ensure that, during the transposition process, the more negative aspects of the directive will not be introduced into national legislation. In like manner, common policy options will be explored jointly as regards compliance with the principle of guaranteed social and labour rights to all migrant ENGLISH 7 RELATIONS BETWEEN THE EUROPEAN UNION AND LATIN AMERICA - JOINT TRADE UNION WORK BY TUCA AND ETUC workers anywhere so that they can develop their activity, adequate mechanisms for their remittances, and joint policies that guarantee the right not to migrate. 7. Association agreement With EU-Central America and EU-Andean Community negotiations currently in progress, we corroborate the concern expressed in statements released by the ETUC, TUCA and the sub-regional organisations, inasmuch as no heed is paid to demands by trade unions that association agreements do not amount merely to a free trade treaty, but that they include guarantees on social and labour rights. It is worth adding that the initial framework of the negotiation has turned from an EU-Andean Community Agreement (in violation, in fact, of the decision taken at the Lima Summit of Heads of State and of Government) to a multi-party negotiation by and between the EU with Peru, Colombia and Ecuador, thereby renouncing the principle of strengthening integration processes such as the Andean Community. 8. Mercosur In the face of the foreseeable collapse of the Doha Round, the resumption of the EU-Mercosur negotiations, broken off in 2004, appears likely. The ETUC-CCSCS-CTCS will decide an immediate fine-tuning of the social and labour affairs chapter of its proposal, introducing adaptations to the new situation. In relation to this chapter, the negotiators will be asked to guarantee, before resumption of the talks, that the points already accepted by the negotiators, such as the joint committee, implementation of fundamental ILO conventions and recognition of the Labour Forum, will be maintained. The trade union movement attaches great importance to the social and labour affairs chapter in the EU-Mercosur negotiations and the Andean Community and Central American negotiations, although the assessment of a possible agreement will also depend on other aspects such as the treatment of asymmetry and the trade balance. 9. Andean Community The ETUC and the Andean Trade Union Coordinating Committee drew up a joint declaration outlining the essential approach. The commitment to draw up a second more detailed declaration has not yet been implemented. The internal situation in the Andean Community is leading to an almost inevitable collapse of the EU- AC negotiations, as demonstrated by the attitude of Colombia and Peru, which are seeking individual negotiations. The ETUC will urge the EU not to change its blocto-bloc negotiation approach since doing so would run counter to one of the political objectives of the agreement, namely the strengthening of Andean integration. 10. Central America The negotiations with Central America are more advanced than those for the other two processes. The participation of civil society is not materialising. The so-called side-room method is not acceptable since it entails only information and not consultation. The SICA Consultative Committee and the European Economic and Social Committee do not consider that they are being properly consulted. Following an initial ETUC-CSACC-CST joint declaration, a social chapter was drawn up and presented. The Central American trade union organisations, CSACC and CCT, and the ETUC held meetings with the negotiators and presented their demands. The ETUC has received a letter from Commissioner Ferrero Waldner, on behalf of the European Commission, thanking the organisation for contributing the Central America social chapter and endorsing the approach of including ILO conventions and a follow-up committee for the agreements. The ETUC, the CSACC and the CCT must continue to stress the necessity for the negotiations to conclude with a fair agreement on trade issues that includes full guarantees for trade union freedom, which is constantly under threat in the region. 11. Caribbean A new Economic Association Agreement (EAA) has been signed between the Caribbean Community (CARICOM) and the Dominican Republic on the one hand, and the European Union (EU) on the other. 8 The Trade Union Summit welcomed the inclusion of a social chapter in this agreement between the Caribbean countries and the EU, as well as the commitment to training and capacity-building for non-governmental players. The TUCA will facilitate coordination between the Caribbean trade union organisations and the ETUC for the start-up of this chapter. 12. Mexico In addition to the Association Agreement in force since 2000, the European Commission has proposed the establishment of a Strategic Agreement with Mexico to improve bilateral relations, along with dialogue and coordination between the EU and Mexico on global, regional and bilateral affairs. After the long political crisis in Mexico, it looks as though plans for the creation of a Mexican Economic and Social Council will be reactivated. This body could be the counterpart of the EESC in the EU. At the Third EU-Mexico Trade Union Meeting, held in Mexico City on 29 October, a Joint Trade Union Declaration was adopted by the principal Mexican trade unions and the European Trade Union Confederation. The TUCA participated in that meeting. The Declaration reiterates the necessity of a revision of the Global Agreement to include social content of which the parties were unaware at the time of its signature. This Declaration was presented and defended by European and Mexican trade unionists during the EU-Mexico Civil Society Dialogue Forum, sponsored by the European Commission in Brussels on 13 and 14 November. The document was considered very important by the organisers and many of its conclusions were included in the Recommendations a
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