"THE SOCIO-ENVIRONMENTAL PROBLEMS OF BANANA PLANTATIONS IN COSTA RICA"

By Gerardo Vargas, Director of the Social Pastorate of the Diocese of Limon and Coordinator of the Foro Emaus

In national institutions and in different international forums, the Foro Emaus and the banana workers unions in Costa Rica have denounced the violations of workers’ rights that continue to be perpetrated on the banana plantations. However, despite some superficial legal reforms, the banana plantation management disregards these, to employs pressure tactics by means of pro-management workers associations, and by laying off independent workers who claim their rights. After the laying off of union leaders, many workers, men and women, tend to become fearful. We also find that "black-listing" continues to be a common practice used to persecute those who fight for their rights. These workers are sent to carry out the most undesirable duties, or are laid off on the spot.

In addition, for already almost two decades banana plantation management has employed the strategy of requiring workers to join the Solidarista Associations, these negotiate working conditions that favor the interests of management, and completely limit the independence of workers.

According to the Pastoral Letter of the Bishop and Priests of the Apostolic Vicariate of Limon dated the 25th of December of 1989: "The freedom of workers to organize, besides being a right, is the only means they have to demand the implementation of justice and to search for better employment alternatives. However, we find that Solidarista Association are tending to eliminate the other forms of worker organizations."

Another problem in the banana plantations is the exploitation and the discrimination of women. In most cases, they receive lower salaries, carry out long working days, and do not have adequate protection for the manipulation of pesticides. Generally, these women are single mothers who rent homes, and are exposed to continual sexual harassment on the part of foremen and at times, on the part of their own working partners.

They must leave their small children in precarious conditions, where they are exposed to abuse by adults. This occurs constantly, according to the reports of the Clinics for Adolescents of the Social Security Program. In addition, most of these women fear joining unions, as this results in almost certain umemployment home.

In addition, despite denunciatons before public auditories, in almost all the banana plantations, under-age workers are hired for dangerous jobs, in this way violating national and international laws, As a result some minors have died due to pesticide intoxication, as the National Ombudsman (Defensoría de los Habitantes) and the National Institute of Infant Care (PANI) reveal in their reports.

The banana industry, especially during this recent period of expansion, attracted thousands of foreign migrant workers, mostly from Nicaragua, to the banana plantations. The majority, because of their condition as illegal migrants, are subject to demeaning working conditions: they receive low salaries, they, live crowded in poor housing conditions, they suffer high exposure to pesticides, have a deficient diet, and are subject to immigration police black-mail. In like manner, although in smaller numbers, the same situation occurs with the Guaymi Indians on the plantations in Sixaola near the border with Panama.

In this context, the enormous pressure for land in the Atlantic Zone has even generated violence on the part of large land owners, especially in the zones of Sarapiqui and in the county of Pococi.

In the Caribbean region are negatively offected by the banana industry important indigenous populations, Cabecar land , Bribri peoples are seriously threatened by the environmental impacts of the banana industry with the contamination of their rivers, pressure on their lands, the low lands in particular, as well as the negative effect on their cultural values when their youth become salaried workers on the plantations.

The demands of European and North American consumers, who divide in almost equally parts nearly 100 million cases of bananas a year (1996: 105 million, according to official figures), induce the banana companies to serve a cosmetically perfect product on their breakfast tables: bananas that are big, yellow and without blemishes. This requires the use of large amounts and varieties of pesticides and fertilizers in. Because the market is dominated by these transnational companies, the bananas that do not comply with these characteristics are thrown out as waste that contaminates areas around the same banana plantations.

The banana industry utilizes 35 percent of all the pesticides imported to Costa Rica every year. This represents, incidently, almost 30 percent of the final cost of production of export bananas. Generally, the pesticides used form part of what are known worldwide as the "Dirty Dozen".

With respect to deforestation, 30 percent of the current banana plantations were covered with forests when they were bought by the banana companies. The intense process of deforestation has affected the existence of species such as the howler monkeys, protected bird species, sloths and species like the manatees, as well as an enormous variety of insects.

The banana companies, in their quest for profit, have broken the laws and have deforested the edges of rivers in order to plant bananas. They have not even fully used the felled trees, for many were cut down and burned or left to rot, despite the fact that much of it was precious wood.

The consequences of this indiscriminate deforestation appeared later on in river overflows and floods, resulting in eroded and contaminated soils. The waters of the canals made in the banana plantations, carried toxic chemicals and plastic bags to rivers and then to the sea, resulting in the death and destruction of fish and coral reefs.

To have an idea of the magnitude of the solid wastes abandoned on the banana plantations themselves, for every kilogram of bananas exported, 2.5 kilograms of waste are produced in the form of plastic bags, reject bananas, empty recipients of pesticides, and plastic cords.

With this level of contamination, it is logical that the productivity per area is adverity. The result is that every 15 years the banana companies search for new lands and slowly abandon the lands they have contaminated, as occurred in the Southern Zone, with lands saturated with copper sulfate.

The amounts of pesticides used on the banana plantations and their high toxicity, are directly related to the system of intensive monoculture production which provokes the multiplication and resistance of natural pests.

Since the European market of Costa Rican bananas is regulated by licenses and quotas, and on the other hand, is free in the United States and other countries that are not members of the European Union, a battle between private enterprise and governments has been waged in recent years with the European Union in order to open the field for a dollarized banana, a matter that is still in conflict with the interests of the ex-colonies of Europe. Finally, it appears that only new production was threatened, This was able to be placed in other markets, including in Europe, once the exports from other Latin American countries were restricted. Let us recall that Costa Rica is the second largest exporter of bananas in the world, second only to Ecuador, who doubles our yearly exports.

Almost all the large transnational companies are of US capital, I a minority of cases, they are associated with national banana entrepreneurs, or they are independent, modacen, nevertheless these must sell their fruit to transnational commercial houses who control the market.

The panorama of the transnational companies can be summarized thus: Bandeco commercializes under the brand name Del Monte; Standard Fruit Co., under the brand name of Dole; Cobal, Banacol and Uniban sell by way of Chiquita; and the Geest Caribbean Co. has its own commercial brand. Geest Caribbean is now Costa Rican-Panamanian, and Del Monte was recently bought by Chilean capital.

The current norms are for the most part unknown, contradictory and difficult to apply, since there is no political will to enforce them. The excuses are a lack of budget support, or administrative slowness that escapes the competence of the entities in charge. These justifications are employed both in terms of the environment and working conditions. In addition, one can say that in practical terms, the law of the jungle, or survival of the strongest, is the law of banana plantations, ignoring the national and international norms for the banana industry.

Because of their silence, both dominant political parties (PUSC and PLN) are also responsible, as they have not manifested any concern form the violation of environmental and human rights that occur on the banana plantations. In fact, there are cases where some politicians are also banana entrepreneurs. This makes their silence and their efforts to improve their own interests understandable.

The complaints of consumers in organizations favoring fair trade and healthy food have forced companies to reassess their publicity strategies. The goal was to convince consumers that in their plantations in Costa Rica important changes were being realized to improve environmental conditions. The same could not be said regarding working conditions, since virtually nothing has changed since 1990 regarding union rights.

New brands were then created such as "Friendly Bananas", without chan-ging their pesticide components, but simply with ecological makeup. The greatest audacity came later, when they were able to get a Costa Rican environmentalist foundation to certify with unverifyable criteria that the banana plantations could receive an ecological seal, created by themselves, called "Eco-OK". The problem is that all the plantations that belong to Chiquita Brands carry the seal of environmental respect, when the truth is that very few changes have occurred, cheating European consumers. This situation presents a great challenge to European solidarity organizations and to the Foro Emaus, who is forced to unmask this lie that affects the struggles of workers in general, and the possibility that small producers of real organic bananas to have priority in the markets of Europe and the United States.

 

 

"The history of the Foro Emaus”:

A GRASS ROOTS AND ECUMENICAL STRUGGLE FOR THE DEFENSE OF LIFE

By Hernán Hermosilla of the Foro Emaus

For almost a century, Costa Rica has been a banana producing nation. At the end of the XIX century the transnational United Fruit Company installs its operations in Costa Rica. Later on it moves from the Caribbean to the Southern Zone, and eventually abandons the country on account of the strike of 1984. Several companies return to the Atlantic Coast of Costa Rica with millionaire investments.

From 1985 onward the transnational companies begin to pressure the government to develop a Plan for the Promotion of the Banana Industry, which gives them juicy benefits by way of tax exemptions and fiscal grants. This included a legal change, that went from a business entity directed by the National Banana Association (ASBANA), to a National Banana Corporation (CORBANA), in which governmental representatives also participate. This new turn implied the authorization to expand its territories into new agricultural land, the deregulation of environmental and worker norms, and a strategy to eliminate the independent unions, replacing them with pro-management Solidarista associations.

Since then, there has been a veritable worsening of the quality of life in the surrounding communities and a negative effect on the environment and biodiversity. Labor rights began to deteriorate rapidly, and a new stage began, characterized by the violation of the human rights of Costa Rican banana workers and of other ethnic minorities of our country and Panama, as well as an intense exploitation of a foreign labor force, in particular those without a clear migratory status.

In the mid-1980s a management strategy began to be tried out in the Atlantic Zone of Costa Rica aimed at destroying labor unions, that at that time had a strong presence in the banana plantations. This was achieved with the combination of various factors, among which was the approval of a Law that permitted the creation of worker-management associations known as Solidarista Associations; the employment of legal devices to discontinue the Collective Conventions and by pressures placed on the easily manipulated permanent committees, and the signing of Direct Agreements between groups of workers and the banana companies, not to mention the complicity of the national press, linked to powerful economic interests.

This situation was further aggravated by errors committed by the labor union movement, such as the abuse of the right to strike, and ideological dependence which connected its leadership with of political parties, and not responding to the vital needs of workers and their families. This situation was taken advantage of by the promoters of Solidarismo.

This process culminated in fewer than ten years with the elimination of the Collective Conventions, the principal legal instrument the Labor Unions counted on to regulate greater equity in worker-management relations.

Since 1989, the international situation began to change rapidly.

Because of the changes in the Soviet Union and in the Socialist countries of Eastern Europe, the transnational banana companies that controlled banana production and commercialization, saw in the fall of the Berlin Wall, the opportunity to increase their banana markets into the ex-socialist countries, and made plans to expand banana production in Costa Rica. This proposal for the expansion of banana plantations in Costa Rica, received the seal of approval from the government economists.

 

 

The uncontrolled expansion of banana plantations

The aim of increasing the area under banana production was to have a greater amount of boxes of export bananas by the early 1990s, no matter what the social or environmental costs. The result was an uncontrollable banana expansion. The Project of Expansion was based on several conditions:

a) Availability of new lands. This was made possible by pressuring small farmers to sell their land and after buying them up, cutting down the primary and secondary forests on them, so that with the subsequent forestry inspections, permits for changes in land use could be obtained, these now being "appropriate lands for banana plantations."

b) Financial capital. The companies had the financial capital by way of their own funds and by way of credits from the nationalized bank that made banana loans a priority.

c) Abundant supply of labor. The supply of labor was abundant with the ex-small farmers that now became salaried peons, and with the migration of labor from other regions of the country (Central and North), as well as the unstoppable mass of undocumented migrants, principally form Nicaragua, fleeing from grave economic, social and political conditions.

d) Low salaries. The banana companies, taking advantage of the crisis in neighboring countries, specially in Nicaragua, lowered the salaries and reduced the few non-salary sources of income the Costa Rican workers enjoyed up to 1985. From then on the companies began to implement policies of subcontracting labor, the suspension of minimum wages (with the suppression of the Collective Conventions) and the destruction of labor stability.

The population of workers on the banana plantations is estimated at 80,000 men and women workers, of which around 15,000 have permanent work, while the rest must compete for 35,000 temporary positions, wandering from plantation to plantation in search of work (as long as they are not on the computerized black lists for having rebelled against some injustice or for having a pro-union inclination, in which case they are not employed at all).

 

The Social Cost of the Expansion

Only 30 percent of the banana workers have stable employment. The remaining 70 percent must roam the region. The companies argue that all this is legal, as they apply the three month trial period of hiring workers without having any further responsibilities to the workers. But the companies avoid union organizing of workers, and in the case of illegal migrants, they refuse to pay them other workers’ rights such as the required year end gratuity, vacation payment, and social security. This occurs especially if the contact has been made between the company and an unscrupulous contractor.

Since 1990 the salaries of the banana workers have not gone beyond an average of 250 dollars a month, a relatively higher wage than that earned in other agricultural activities, but one that does not pay the physical deterioration of the workers and the elevated cost of living. A banana worker has a useful life of some 15 years for the company. After that, the system ex-pels the worker who is no longer hired after the age of 40.

Despite the fact that Costa Rica is a nation based on laws and one with a democratic tradition, workers’ rights are systematically violated on the banana plantations. This has been denounced before the ILO, specifically for violation of International Conventions 87 and 92, signed and ratified by the Costa Rican State. The employers, however, do not obey the sentences; they prefer, instead, to pay the stipulated fines.

The small farmers who had land around the plantations were pressured to sell their land to the companies and emigrate or join the plantations as cheap hired labor. This situation was aggravated by State entities such as the Institute of Agrarian Development (IDA), which advised the small farmers that their property rights would be rescinded if they did not incorporate themselves into the banana plantation complex.

The State began to destine its best resources to favor the Plan for Banana Development, in detriment of other agricultural activities, and especially of small farmers. The State eliminated credit for small farmers and suspended its technical support for marketing. In numerous occasions, the banana companies even obtained the technical permits from State employees to cut down trees (that prevent aerial fumigation) and traditional banana plants that could be carriers of the banana disease "sigatoka" or others, on the land of small farmers. After 1989 a process of land concentration began. The land under banana cultivation went from 3500 hectares to more than 5000 hectares in only three years. This is a grave turn around regarding land distribution, where the best lands now went to cultivate a monoculture for exportation.

The profits of this expansion benefited the transnational companies almost exclusively, there being very few banana producers of national capital. Moreover, about 75 percent of the profits continue to remain in the hands of the exporters.

 

The Attitude of the Church

The Church, by way of the then Vicarage of Limon (today Diocese), pastored by Mons. Alfonso Coto Monge, along with the Clergy, carried out a socioeconomic and pastoral diagnostic at the end of the 1980s. To conclude, they decided to publish a Pastoral Letter "On the Uncontrolled Expansion of the Banana Industry". This document, published on the 25th of December of 1989, documented the crude reality of the negative impacts the banana industry had and its implication on social life, the environment and on the pastorate activities in the region.

The Letter recalled that initially (in 1985) there was talk about expanding by 8000 hectares the area dedicated to banana production, but in three years the area expanded by 21,000 hectares. The document warned about the consequences of this unplanned expansion, expressing its opinion about what was occurring in the following areas:* The dignity of Men and Women* Family Life* Economic Policies* Land Tenure* Labor* Culture* Environmental Health and Ecological Unbalances* Pastorate Activities

The document, prophetic in its warnings and courageous in its denunciations, was rejected by the business sector, the government and the officialist press that kept up a constant attack for almost a semester against the Bishop and his priests, for involving themselves in social and economic issues, instead of religious ones.

However, it was received as "good news" by a wide gamma of grass roots sectors, including labor and the environmental sectors of our society. This was a novel occurrence, since in previous years, the only voice ever heard was that of the banana business sector and the Solidarista Associations. The text of the Pastoral Letter also warned against being fooled by the pseudo-Christian message presented by Solidarismo: "We must point out that the work of labor promotion carried out by the Social School Juan XXIII (Promoter of Solidarismo), is not linked to the pastorate work carried out by the Apostolic Vicarage of Limon, according to its Global Plan, and therefore its task does not have in this particular Church an ecclesiastic character." This warning is important, as the Social School Juan XXIII has been the instrument, par excellence, for the disarticulation of labor unions.

In the same document, the Church defends the rights denied to banana workers, both from a Christian perspective, as well as from a legal one. It demands "(...) employment stability, payments due to the workers, minimum wages, the required rest periods, the permanent and systematic formation of worker organizations, the freedom to organize independent of ideological and political interests, a just salary, the right to strike within the proper limits, good working conditions, and the integrated promotion of the family and the community in the areas of culture, religion and social communal services."

With respect to the concentration of land, the Bishop states: "Sadly, we are witness to how, little by little, the small landowners begin to disappear, and suffer diverse forms of pressure which force them to enter the Plan of Banana Development, under the pretext that their lands are (apt for) this crop (...)".

In regard to the environment, the priests, along with the Bishop, state: "We would like to point out the gravity of the growing deforestation, contamination of rivers, the accumulation of inorganic residues and agrochemicals which are causing infections, an increase in digestive and skin diseases caused by fumigation and the use of toxic chemicals, and the negative effects this has on some animal species in danger of extinction."

After analyzing this document, various organizations began to prepare a dialogue with the authors. The Church represented a moral reserve and an authoratative voice that commented on social issues that affected the common good, specially the condition of the poorest sectors. The words of simple and humble people who had been silenced for fear of losing their jobs, or who had not received a response to their complaints, were an inspiration to grass roots organizations involved in these matters and to others that subsequen-tly became interested.

 

The Foro Emaus is Born

The onslaught of attacks coming from Solidarismo, the mass media, and the propaganda of the business sector, incited numerous organizations to come together, among them, labor, environmental, small farmer, ecclesiastical, indigenous, and communal organizations, to discuss among themselves and with the Church of Limon, the need to articulate efforts in order to form a united front against the problems caused by the Uncontrolled Expansion of the Banana Industry.

In this spirit of democratic cooperation, a large number of grass roots leaders from different corners of the Atlantic region and from the rest of the country, converged to discuss these issues at the Casa Emaus a center for pastoral training located on the sea shore, near the center of the city of Limon. Many non-governmental organizations arrived, including environmental associations, Christian, labor, small farmer, and human rights organizations. With this coming together of leaders of grass roots organizations and the ecclesiastic leadership, the Foro Emaus was born. After various encounters, the result was a proposal of concerted action, with a commitment to mobilize before the authorities and become the interlocutor between governmental authorities, the business sector, and national and international public opinion.

With the constitution of the Foro Emaus, the socioeconomic and environmental problems caused by the banana industry began to be studied from an integrated perspective, as was suggested in the Pastoral Letter. Thus emerged a grass roots proposal to halt the irrational banana industry, by way of organized and concerted action, and to fight for a just and environmentally sustainable form of banana production.

After deliberations carried out the 13th and 14th of June of 1992, the Foro emmited a communique entitled "Stop the Uncontrolled Expansion of the Banana Industry", where it agreed on the need to carry out public denunciations. This materialized in the "March in Favor of Life and Human Rights" which took place on September 2nd of that same year, in the streets of San Jose, calling to stop the social and environmental disasters in Limon and Sarapiqui.

More than 2500 people marched through the streets of the capital to demonstrate to the national and international public opinion (citizenry and the press) the grave conditions on the banana plantations and in the towns of the Caribbean Coast of Costa Rica. The event included a dialogue with the representatives of the different parliamentarian factions of the Legislative Assembly and of the national government, to whom proposed laws and alternative solutions were presented.

The number of messages, posters, banners, flyers, and the creativity demonstrated by the participants from the Atlantic Region, as well as the people from the Capital who attended in solidarity, contributed to consolidate the idea that the Foro Emaus was a viable and a necessary space to fight for the interests of the grass roots sectors, in a spirit of openness, democracy and ecumenism. But above all, it was the conviction expressed by those affected, for the need to continue fighting, and take advantage of the generous expression of solidarity of the Costa Rican people, the aperture achieved in the press, and the demonstration of support of some political and business sectors, that made changes seem possible, and that there was hope for justice despite the power of adversaries.

 

From 1992 to date

With the expansion of the area dedicated to banana production (today at 54,000 hectares), the problems denounced at the start of the "Uncontrolled Expansion of the Banana Industry", persisted after 1992, and new problems were aggravated despite the policies of fixing quotas by the European Union, the pretensions of the transnational companies to increase the export quotas every year continued. Meanwhile, new data from academic and research institutes appeared confirming the gravity of the environmental damage caused by the banana industry, as well as problems in the area of labor health. The banana companies, both national and transnational, carried out urgent publicity strategies to try to convince the consumers that they were incorporating the best technological advances to deal with the environmental demands of the international community. For this reason, it was imperative to fight to unmask this fraudulent ideological strategy.

The same could be said regarding the internal legal maneuvers that sought to stimulate the over exploitation of workers with new ideas about labor relations, such as "excellence and total quality" which in practical terms was (and is) an intensification of the use of labor with psycho-labor techniques involving individual competition, which result in more work, lower salaries, and worker division. The causes that motivated the creation of the Foro Emaus, continued and became worse, with the aggravated situation on the banana plantations and in the communities. This required the intensification of the work of the Foro Emaus, in its educative, organizational efforts with the workers, the communities and the organizations involved.

Since then the Foro Emaus has attempted to have the organizations participate actively in the process of denunciations and proposals. More than the sum of its parts, the Foro Emaus is a space of coordination which seeks the consensus of preoccupations and initiatives, and where the sum of the forces may advance the struggles of the poor and the rights of the communities.

As a result of that collective will, the Foro Emaus has distributed duties and responsibilities in the Foro Emaus, in different commissions created to undertake the work based on the real needs of the population. The Foro Emaus has an Executive Secretary and a Coordinating Committee elected annually, with the responsibility to coordinate the execution of actions of the Foro Emaus.

The Assembly of the Foro Emaus is made up of delegates of the more than 35 organizations that carry out work in different areas of the Atlantic Region. The members with full rights are organizations such as the banana workers unions, small farmer organizations, indigenous associations, ecological institutions, historical churches, NGOs dedicated to organic farming, labor education, and national labor unions with regional presence.

The headquarters of the Foro Emaus is in the city of Siquirres, at an equidistant point from the most important urban centers of the Costa Rican Atlantic Region.

 

 

"REPRESSION IN THE ATLANTIC ZONE OF COSTA RICA"

By Gilbert Bermúdez Umaña and Ramón Barrantes Cascante for the Banana Workers Unions Coordinator

 

This document has been distributed to the following entities:

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 Commerce of 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 characterized 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 adequately 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 government 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.

SIQUIRREYA, 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.

BANANA COMPANY 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).

BANANA COMPANY 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.

BANANA COMPANY 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.

BANANA COMPANY NOGAL: Process initiated in 1996, without receiving a hearing and still unresolved.

BANANA COMPANY OROPEL, S.A.: Process initiated one year ago without resolution, and another more recent process also without resolution.

BANANA COMPANY 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.

BANANA COMPANY 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.

In face of this situation, the Banana Workers Unions Coordinator of Costa Rica requests the following from the national and international labor union Movement, national and international Non-Governmental Organizations, international organizations of human rights, European and North American entities where decisions are made regarding the international problems of the banana industry:

    1. Send faxes of protests to the Ministry of Labor and to the President of Costa Rica, with copies to the Banana Workers Unions Coordinator of Costa Rica.
    2. 2. Send faxes of solidarity to the men and women banana workers affected by this situation, to the Banana Workers Unions Coordinator of Costa Rica, to the number (506) 256-5225.