FORO EMAUS APARTADO 106 SIQUIRRES - LIMON COSTA RICA

Telefaxes (506) 768 82 76 (Siquirres) 245 39 61; foremaus@sol.racsa.co.cr

While the export of bananas is important to Costa Rica’s economy, the plantation system whereby they have been produced over the last 100 years has claimed a very high price. Between 1987 and 1994 Costa Rica doubled its banana production through an expansion of the cultivated area from 25 000 to 50 000 hectares. Production was raised to 103 million boxes of bananas in 1994 and has maintained that level since. Cultivation is concentrated in the Atlantic Zone which is a very sensitive tropical region where it employs some 40 000 women and men.

Responding to the multiple and serious problems caused by this expansion of banana production, the Catholic Church of Limón to issued a pastoral letter on December 25, 1989, titled "Uncontrolled Banana Expansion", publicly condemning the intolerable exploitation of human beings and of the environment.

The Pastoral Letter served as a catalyst, for gathering a broad spectrum of organizations such as churches, labor unions, indigenous people, environmental groups, organized farmers, grass roots groups and others that lead to the founding of the Emaus Forum. FORO EMAUS is an alliance whereby the larger society can work in solidarity with local efforts in the region of banana production. FORO EMAUS works for the defense of the environment and human rights (from a holistic and coordinated perspective) at both the local and international levels.

During the initial phase of the expansion of banana production in the early 1990s large areas of primary and secondary forests were cut down. Today the principal problems that the banana industry generates are:

The Emaus Forum aspires to be a space for reflection, analysis, and coordination among different efforts responding to the problems raised by the banana industry. For this reason we invite those interested organizations and persons who share our concerns to join us in this struggle. If you wish more information or want to contact us, you can visit the Emaus Forum central office in Siquirres, Limón Province, next to the Social Ministry office of the Roman Catholic Church, or call us at: Telefax CR 768-8276. You can also write us at: Apartado 106, Siquirres, Limón, Costa Rica, or contact us via E-mail: foremaus@sol.racsa.co.cr.

Some organizations or companies have formulated their own standards for banana production. Some companies can obtain certificates and international seals without even complying with Costa Rican laws or international treaties. These standards imply a seal of approval that is intended to provide a certain recognition within the consumer market. Foro Emaús (the Emaus Forum) has other reasons for establishing its minimum standards.

Foro Emaus and its member organizations are convinced of the need for structural change in the social and environmental conditions of banana production.

One of the most important objectives of Foro Emaus is to strengthen the processes of profound transformation of banana production to make it possible in the long term to produce bananas in a way that respects nature and workers rights. For this reason we have sought to define basic standards applicable to the entire banana industry in Costa Rica and thus improve the current situation in the short term.

The damage due to contamination of soils, rivers, potable water, air, animals and human beings are signs that the production requires a profound transformation: so as to render it more socially just and more environmentally healthy.

Protection of human beings and the environment are some of the most important factors for the organizations of the Foro Emaus. Transformation of the systems of production will require more time and above all national and international decision. Internationally, much is said of "Codes of Conduct" but only in regard to a few large corporations. While some companies already comply with some or all of the following standards, some do not even comply with Costa Rican law. In some instances, these standards go beyond legal minimums so as to promote a gradual change in the banana industry.

To launch the discussion about long term transformation, we want to present not only these minimum standards but also several points about a more sustainable system of banana production:

• Banana production currently causes much damage to the environment and to the social fabric due to the flouting of Costa Rican laws and international agreements. The consequences of massive legal use of pesticides must also be taken into account.
• To assure the future of banana production, it is necessary to change the current monoculture system and the technological packet that accompanies it.
• This process of the transformation of production should be a national undertaking incorporating the participation of all parties affected. There needs to be close cooperation between the government ministries, organizations representing producers, labor organizations, and non-governmental organizations involved in shaping solutions to these problems.
• The transformation needed is not simply one of reduction in the use of agrochemicals, but rather a process of change toward a system of banana production that is more socially just and more environmentally healthy.
• This process should be grounded in a democratization of production. The workers in each plantation have the right to organize freely and thus better involve themselves in the productive process. This involvement should include questions of occupational health and fair pay among other issues.
• Workers on all plantations should be able to organize freely and with true independence from the company so as to better negotiate the conditions under which they work and live. Moreover, communities neighboring on the plantations should be able to defend themselves adequately against any negative impact of plantation production.
• In the long term, consumption of agrochemicals shall be reduced through needed research and the responsibility of the plantations of incorporating the research results in the processes of production.
• Lastly, we believe that stimulus and support for the production and marketing of organic bananas -already under production by peasants and organizations- to be of vital importance.

All the above points would contribute to a shift in the international recognition of Costa Rica to that of a country making major efforts to improve standards of social justice and environmental quality and would result in major benefits to workers, communities, nature, and public policy.

Art. No 1 The workers’ right to organize freely shall be respected. In particular the exercise of the freedom to join and participate fully in labor unions shall be guaranteed on the banana plantations.

Art. No. 2 Workers have the right to be represented by organizations. Organizations which represent workers shall be free and independent.

Art. No. 3 The practice of labor sub-contracting on all banana plantations shall be regulated so as to protect the rights of the workers. Banana plantations will contract workers directly when possible.

Art. No. 4 Migrant workers shall have the same rights and responsibilities as Costa Rican workers.

Art. No. 5 Female workers shall not be subject to discrimination in their employment.

Art. No. 6 Labor regulations specific to young workers (ages 15 to 18) shall be respected.

Art. No. 7 Complaints about labor rights violation filed with the Ministry of Labor shall be resolved promptly and within the required time frame.

Art. No. 8 Worker-Management relations shall be governed by national legislation and those international conventions in effect.

Art. No. 9 Workers shall be free to participate actively in Occupational Health Committees on the plantation where they work.

The government of Costa Rica shall commit to comply with the International Labor Organization (ILO) Conventions which it has already ratified and to ratify those, which it has not yet signed.

1. Conventions no. 29 & 105 (1930 & 1957): Prohibits forced labor. (Ratified by Costa Rica)

 

2. Convention no. 11 (1921): Stipulates that governments "undertake to secure to all those workers engaged in agriculture the same rights of association and combination as to industrial workers". (Ratified by Costa Rica)

 

3. Convention no. 87 (1948): Stipulates that "workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. Workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programs." (Ratified by Costa Rica)

 

4. Conventions no. 97 & 143 (1975): Sets out rights of migrant workers. (Unratified by Costa Rica)

 

5. Convention no. 98 (1949): Details the rights of workers to be free of anti-union discrimination or interference. The establishment of workers organizations under the control of employers is prohibited. (Ratified by Costa Rica)

 

6. Convention no. 100 (1951): Enunciates the rights of workers to equal remuneration for equal work. (Ratified by Costa Rica)

 

7. Convention no. 110 (1958): Convention on Plantations; refers to the conditions of migrant workers, work contracts, official support for collective bargaining, methods of paying salary, weekly time off, protections for mothers, indemnization for workplace accidents, freedom to join unions, workplace inspections, and the availability of medical care. (Unratified by Costa Rica)

 

8. Convention no. 111 (1958): Prohibits discrimination in relation to the employment of migrant workers. (Ratified by Costa Rica)

 

9. Convention no. 135 & 136 (1971): Sets standards for negotiation and representation of workers. (Costa Rica has ratified Conv. 135 but has not ratified Conv. 136)

 

10. Convention no. 141(1975) & Recommendation no. 149 (1975): "It shall be an objective of national policy concerning rural development to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers". The recommendation addresses the participation of workers in agricultural development programs, agrarian reform and the promotion of rural industry. (Ratified by Costa Rica)

 

11. Convention no. 144 (1976) & 154 (1981): Refer to three party (tri-partite) negotiations. (Unratified by Costa Rica)

 

12. Convention no. 148 (1976): Refers to the work environment. (Ratified by Costa Rica)

 

13. Convention no. 155 (1981): Refers to workplace health and safety. (Unratified by Costa Rica)

 

14. UN Convention on Economic Social and Cultural Rights (1966): Ratified by Costa Rica’s Legislative Assembly Nov. 8 1968

 

15. UN Convention on Civil and Political Rights (including the Optional Protocol )(1966): (Convention unratified by Costa Rica. The Optional Protocol has been ratified by Costa Rica)