On June 7th, 2013, the Guatemalan Union, Indigenous and Peasant Movement –MSICG- and the Center for the study and support of local development –CEADEL- supported the presentation of more tan 600 demands by means of an ordinary labor trial against ALIANZA FASHION, SOCIEDAD ANÓMIMA; MODAS ALIANZA, SOCIEDAD ANÓNIMA; INDUSTRIA D & B, SOCIEDAD ANÓNIMA; D & B HOLDING, SOCIEDAD ANÓNIMA; OK JA KIM CHOI (TAMBIEN IDENTIFICADA COMO OK JA PARK KIM u OK JA KIM DE PARK) BONG CHOON PARK SEO, YOUNGHYUN CHO (ONLY LAST NAME), SUNG JA KIM LEE (ALSO IDENTIFIED AS SUNG JA KIM OR WD LEE) and DONG EON LEE  as a consequence of the closing of the labor center, executed by the employer as retaliation for the workers’ demands that they should comply with their most basic labor rights.
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These demands are part of the follow-up of a case that has been accompanied by CEADEL and that is now joined by the Guatemalan Union, Indigenous and Peasant Movement –MSICG- which has provided free law advisory, in the face of the denial of the Ministry of Labor and Social Prevision to provide the workers with a lawyer, despite the fact that they requested this in written several months ago.
 
We should highlight that it was the Ministry of Labor and Social Prevision itself that in this case, instead of insuring compliance with the workers’ rights, prepared the conditions so that the employer could remove all the machinery from the labor center.

MSICG and CEADEL thank the support of the Center of Solidarity of AFL-CIO, based in Guatemala, which provided the necessary resources to reproduce the evidences that we attached to the demand, since the high costs to do made it impossible for MSICG, CEADEL or the affected workers to cover them.  Without this solidary support, the workers would have had to allow this violation to their labor rights to remain in impunity.

MSICG and CEADEL would like to call attention upon how paradigmatic it is that, even when the State of Guatemala should not only guarantee Access to justice but also make sure that this is quick and enforced, in the practice, the costs that Access to this implies, prevents the workers to demand compliance with their violated rights, even with free law support like the one MSICG offers. To all of this, the indifference and inefficiency of the justice system should be added.

MSICG and CEADEL regret that the policy of trade and investment attraction promoted by the State of Guatemala keeps working from the implementation of factual, juridical and social conditions for social dumping, and we highlight that while this policy does not vary substantially towards compliance with the fundamental duties of the State of Guatemala, we will have to keep referring to disloyal competition, an insufficient and inefficient  justice system, and a country with little possibilities of integral development.

Finally, we would like to highlight that our statement of the first group of more tan 600 demands, is only the beginning of a juridical and political strategy which will be implemented to guarantee that the profits and empowerment of a Brand should not be done through the precarization of the life conditions of Guatemalans.

Guatemala, June 9th, 2013.

MSICG - CEADEL