[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57877-57878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24414]
[[Page 57877]]
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DEPARTMENT OF LABOR
Office of the Secretary
United States-Peru Trade Promotion Agreement; Notice of
Determination Regarding Review of Submission #2015-01
AGENCY: Bureau of International Labor Affairs, U.S. Department of
Labor.
ACTION: Notice.
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SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that
on September 21, 2015, Submission #2015-01 regarding Peru was accepted
for review pursuant to Article 17.5.5 of the United States-Peru Trade
Promotion Agreement (PTPA).
On July 23, 2015, the International Labor Rights Forum, Per[uacute]
Equidad, and seven Peruvian workers' organizations provided a formal
submission to OTLA alleging violations of Chapter 17 (the Labor
Chapter) of the PTPA by the Government of Peru (GOP). The submission
alleges that the GOP has failed to adopt and maintain in its statutes
and regulations, and practices thereunder, the right of freedom of
association and the effective recognition of the right to collective
bargaining, and that it has also failed to effectively enforce its
labor laws with respect to freedom of association, collective
bargaining, and acceptable conditions of work.
OTLA's decision to accept the submission for review is not intended
to indicate any determination as to the validity or accuracy of the
allegations contained in the submission. The objective of the review
will be to gather information so that OTLA can better understand the
allegations contained in the submission and publicly report on the
issues raised therein in light of the GOP's obligations under the Labor
Chapter of the PTPA. As set out in the Procedural Guidelines (published
as 71 FR 76691, December 21, 2006), OTLA will complete the review and
issue a public report to the Secretary of Labor within 180 days of this
acceptance, unless circumstances, as determined by OTLA, require an
extension of time.
DATES: Effective Date: September 21, 2015.
FOR FURTHER INFORMATION CONTACT: Matthew Levin, Director, OTLA, U.S.
Department of Labor, 200 Constitution Avenue NW., Room S-5303,
Washington, DC 20210. Telephone: (202) 693-4900. (This is not a toll-
free number.)
SUPPLEMENTARY INFORMATION: Article 17.5 of the Labor Chapter of the
PTPA establishes that each Party's contact point shall provide for the
submission, receipt, and consideration of communications
(``submissions'') on matters related to the Labor Chapter and each
Party shall review those submissions in accordance with domestic
procedures. A Federal Register notice issued on December 21, 2006,
informed the public that the OTLA had been designated as the office to
serve as the contact point for implementing the labor provisions of
United States free trade agreements. The same Federal Register notice
informed the public of the Procedural Guidelines that OTLA would follow
for the receipt and review of public submissions (71 FR 76691, December
21, 2006). These Procedural Guidelines are available at http://www.dol.gov/ilab/media/pdf/2006021837.pdf. According to the definitions
contained in the Procedural Guidelines (Section B) a ``submission'' is
``a communication from the public containing specific allegations,
accompanied by relevant supporting information, that another Party has
failed to meet its commitments or obligations arising under a labor
chapter'' of a U.S. free trade agreement.
The Procedural Guidelines specify that OTLA shall consider six
factors, to the extent that they are relevant, in determining whether
to accept a submission for review:
1. Whether the submission raises issues relevant to any matter
arising under a labor chapter;
2. Whether a review would further the objectives of a labor
chapter;
3. Whether the submission clearly identifies the person filing the
submission, is signed and dated, and is sufficiently specific to
determine the nature of the request and permit an appropriate review;
4. Whether the statements contained in the submission, if
substantiated, would constitute a failure of the other Party to comply
with its obligations or commitments under a labor chapter;
5. Whether the statements contained in the submission or available
information demonstrate that appropriate relief has been sought under
the domestic laws of the other Party, or that the matter or a related
matter is pending before an international body; and
6. Whether the submission is substantially similar to a recent
submission and significant, new information has been furnished that
would substantially differentiate the submission from the one
previously filed.
U.S. Submission # 2015-01 alleges that, by permitting the unlimited
consecutive renewal of short-term contracts under the Law Promoting
Non-Traditional Exports (Law No. 22342) and Article 80 of the Law of
Productivity and Labor Competitiveness (Law No. 728, Supreme Decree No.
003-97-TR), the GOP has failed to adopt and maintain, in its statutes
and regulations, and practices thereunder, the right of freedom of
association and the effective recognition of the right to collective
bargaining. The submission also cites specific instances to support its
allegation that the GOP, through its action or inaction, has failed to
effectively enforce its labor laws in the non-traditional export and
agricultural sectors with respect to freedom of association, the
effective recognition of the right to collective bargaining, and
acceptable conditions of work.
In determining whether to accept the submission, OTLA considered
the statements in the submission in light of the relevant factors
identified in the Procedural Guidelines. The submission raises issues
relevant to the Labor Chapter of the PTPA because it cites alleged GOP
failures to adopt and maintain in its statutes and regulations, and
practices thereunder, freedom of association and the effective
recognition of the right to collective bargaining, and alleged GOP
failures to effectively enforce its labor laws with respect to freedom
of association, collective bargaining, and acceptable conditions of
work. It also clearly identifies the submitter and is sufficiently
specific to determine the nature of the request and permit an
appropriate review. The submission raises pertinent issues that could
further the objectives of the Labor Chapter and that could, if
substantiated, constitute a failure of the GOP to comply with its
obligations under the Labor Chapter. The submitters provided
information on specific cases of alleged labor violations and included
citations to both Peruvian law and International Labor Organization
(ILO) Conventions ratified by Peru that they believe were violated by
the allegations in the submission. The submitters provided information
on efforts to seek appropriate relief for these alleged violations
under domestic laws and to raise the issues with GOP officials and with
the ILO. The submission also notes that the issues raised in the
submission have not been remedied to date. OTLA has not received
similar submissions related to the PTPA obligations of the GOP.
Accordingly, OTLA has accepted the submission for review.
OTLA's decision to accept the submission for review is not intended
to indicate any determination as to the validity or accuracy of the
allegations contained in the submission. The
[[Page 57878]]
objective of the review will be to gather information so that OTLA can
better understand the allegations contained in the submission and to
publicly report on the issues raised therein. As set out in the
Procedural Guidelines, OTLA will complete the review and issue a public
report to the Secretary of Labor within 180 days, unless circumstances,
as determined by OTLA, require an extension of time. The public report
will include a summary of the review process, as well as any findings
and recommendations.
Signed at Washington, DC, on September 21, 2015.
Carol Pier,
Deputy Undersecretary for International Affairs.
[FR Doc. 2015-24414 Filed 9-24-15; 8:45 am]
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