<<previous | index | next>> Benchmarks on Freedom of AssociationBenchmarks for Los Alamos CaseHuman Rights Watch recognizes that over two years have passed since the May 2002 labor conflict on the Los Alamos banana plantations, described in more detail in Appendix I, and that re-opening investigations into the anti-union violence and the police response, at this late date, would be difficult. Nonetheless, we also believe that Ecuadors failure to uphold its October 2002 commitments in this regard is unacceptable. Ecuadors response to the anti-union violence on the Los Alamos banana plantations is a tragic example of the countrys continued failure to take the necessary steps to protect workers right to freedom of association and hold accountable those who violate that right. Therefore, in order to achieve full ATPA and ATPDEA compliance, we believe that Ecuador should undertake new investigations into both the police response to the 2002 Los Alamos labor conflict and the May 2002 anti-union violence at Los Alamos. Both investigations should include interviews with worker witnesses. In addition, unlike the previous criminal investigation, the new one should examine both incidents of anti-union violence, the shooting injuries of at least nine banana workers, and the roughly two hundred direct perpetrators of the crimes as well as those who may have masterminded the attacks. Parties suspected of bearing responsibility for the anti-union violence should be prosecuted; the findings of the investigation into police conduct should be publicly released; any police officers who failed to follow legally mandated procedures should be sanctioned; and workers negatively affected by improper police conduct should be compensated. Benchmarks for Reform of Laws on Freedom of AssociationIn order to fully comply with the ATPA and ATPDEA, Human Rights Watch believes that not only must the draft executive decree on third-party contractors be immediately issued and effectively enforced but the Ecuadorian Labor Code should be amended to: [38] ILO Convention 98, article 2, establishes that acts which are designed to promote the establishment of workers organizations under the domination of employers or employers organisations, or to support workers organizations by financial or other means, with the object of placing such organizations under the control of employers or employers organizations, shall be deemed to constitute acts of interference within the meaning of this article.
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