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REPORT ON THE CENTRAL AMERICA REGIONAL WORKSHOP:
"ETHICAL TRADING AND CODES OF CONDUCT"
3 - 5 May 1999, Las Mercedes Hotel, Managua, Nicaragua.

Country reports

El Salvador

El Salvador: "Melida Anaya Montes" Women's Movement, Movimiento de Mujeres "Melida Anaya Montes "MAM

MAM is a non-governmental, feminist organisation that began ten years ago. It offers gender training, literacy and academic study for women community leaders. MAM also provides advocacy and services to women survivors of violence; leadership training for women who take on public roles at municipal or national level; income generation projects; and promotes the observance of women's human rights in the export processing industry. Within this field MAM lead a successful campaign to modify the law governing the Free Trade Zones.

The workshops were carried out with eighteen women workers participating. Eight work in a free trade zone, eight in factories that receive the same privileges as those situated in a free trade zone and two homeworkers. The participants knew nothing previously about codes of conduct.

During the workshop we looked at various examples of codes and views from the women workers included that they were company propaganda, and that in reality they were not effective. Some were incomplete for example freedom of association was not included. However, codes represent a tool that could allow for organisation.

The women workers expressed concern that the codes would be used to give company a clean public image when the reality is that nothing has changed. MAM responded by saying but this depends on whether the workers are aware of the code and how to use it. The workers concluded that company codes could be a useful tool if the workers are aware of them and participate in the verification. The workers said that beside the verification that the workers should do it is important that an outside monitoring body exists comprised of human rights & women's organisations, religious groups .
The worker's believed that codes of conduct could be useful for negotiation between workers and employers but workers must be aware of the code, the content of the code must be in line with international labour standards, labour ministries must take into account the code, trade unions must incorporate codes into their actions and demands and there is international support for the fulfilment of the code and workers in the factory must be organised.

MAM is going to incorporate training on codes of conduct into its usual training programmes. B MAM will also be working with trade unions that have shown an interest in working on company codes.

The participants agreed that women should have the opportunity to organise in a way that best suits them, however, if they join a trade union, the trade union should have had gender training.

One of the Salvadoran women workers who participated in the workshop said that she was very interested in this subject and that previously she had only heard a little about codes but was now convinced they were useful. She said workers should be involved in monitoring and only through worker participation would monitoring be useful. Workers also need to be in contact with the government and other organisations such as NGOs to insure that codes are implemented.

The same worker emphasised that it is very important to recognise that the circumstances of men and women is different and generally women earn less and have more problems and this should be recognised in the codes. Codes must include freedom of association ""If we can't organise, we will have no support to fall back on" Finally she added that codes must be based on national labour legislation and be implemented by the companies.

The areas which must be included in codes are the following: living wage, working hours according to the national law; anti discrimination; freedom of association; the right to social security cover, the banning of sexual and physical abuse, support for child care, and help for housing.


Woman maquila worker from the Maria Elena Cuadra Women's Movement, Nicaragua at the Regional Workshop on codes of conduct.

Guatemala

Guatemala: International Textiles Garment and Leather workers Federation, ITGLWF

The ITGLWF, the international textile secretariat groups together thousands of male and female workers in the textile industry. The ITGLWF is collaborating with projects organised by trade unions in Central America with a particular focus on the export processing zones. This project has been up and running for three years in Guatemala.

For this project we worked with women from three different factories and there is no trade union presence in any of the factories. The participants expressed the view that codes were created by companies to improve their image. They found the codes similar to national legislation although they are less detailed. The workers were against the company designed codes as they believe worker participation is fundamental.

They also believe that these codes are not applied and that even more international pressure is needed for this to happen.

Who should monitor codes of conduct?
The workers agreed the following groups should monitor codes of conduct: workers in a factory, the company owners and human rights & women's' organisations, trade unions, consumer groups and the government. One particular requirement for monitors would be that they are in favour of the workers and willing to listen to the workers.

The workers believed that without an official trade union it would be difficult to ensure the implementation of a company code or national labour legislation.
For all this to work it is necessary for better information about codes of conduct, help and advice from trusted organisations and individuals and also government participation.

A sacked woman worker from an export-processing factory said that in national workshops one can learn a lot about codes of conduct and all other workers should have the opportunity to learn about codes.

All the women workers who participated in the workshop agreed that codes must contain a gender perspective, establish the responsibilities of the government and companies in terms of respecting labour rights, improve the co-ordination of campaigns and make them more effective and to ensure greater distribution of information on codes and monitoring .

Costa Rica
Costa Rica: Asociacion de Servicios de Promocion Laboral, ASEPROLA

ASEPROLA is a non-governmental organisation providing services in training, research, advice and communication to the region's labour sector. It was set up in 1985 and works in three principal areas: women's participation and influence in organisations and in society, formulation of new working strategies within the framework of globalisation and the building of a new work culture. Since 1994 the organisation has been actively working on behalf of maquila workers.

It was very difficult to carry out the consultation process in Costa Rica. On the one hand there was disinterest in the export-processing sector. On the other there are very few trade unions in factories producing for export. What do exist are workers committees, which are not independent from the company. ASEPROLA searched for contacts with a women's NGO but they did not want to participate in the project unless trade unions and the company also participated. The trade unions approached showed no interest in codes of conduct their view was that company codes do not add anything to national legislation or ILO labour standards. They do not recognise the importance of the subject and were resistant to receive any training on it. There is also resistance in the trade union sector of monitoring as they see this as creating a problem of competition for power.

The women workers that participated in the workshop in total 8 women and one man said that they knew nothing of company codes previously. Neither were they aware of the contents of national labour legislation. As the workshop progressed they recognised that codes of conduct are important tools in aiding the observance of labour rights. They also expressed the need for the availability and distribution of information about labour rights to workers. Women workers must participate in the verification of the implementation of codes and be listened to. The monitoring group must have the trust of the workers.

A code of conduct must include freedom of association, overtime must not be obligatory, a living wage, rights for pregnant women and time off for gynaecological consultations.

Woman maquila worker from the "Melida Anaya Montes" Women's Movement,
El Salvador at the Regional Workshop on codes of conduct.

Nicaragua
Nicaragua: The Maria Elena Cuadra Women's Movement for Employed and Unemployed Women. Movimiento de Mujeres Trabajadoras y Desempleadas "Maria Elena Cuadra", MEC

MEC is a non-governmental organisation working for women maquila workers. MEC organises campaigns and training courses on labour rights for women workers and researches working conditions in the free trade zones. They have trained teams of women workers in the free trade zones who promote workers' rights. In consultation with women workers MEC designed an Ethical Code that reflects the priorities of women workers. The Minister of Labour, making it a Ministerial Decree has since signed the code.

In Nicaragua, three workshops were held in which around 250 women workers participated from the export processing zones. In one of the workshops 10 trade union leaders also attended. The women workers said they were not previously aware of company codes of conduct only MECs Ethical Code. Some companies have codes stuck on the wall but the workers do not know what they are for and the companies make no effort to inform them. The trade unionists were not previously aware of the codes either.

However, the women workers were in agreement with codes and viewed them as a useful tool for negotiation with employers. The principle concern of the women workers was the implementation of the codes and the second was lack of worker organisation in the export processing industry.

The main areas that should be contained in a code of conduct are: banning of verbal and physical abuse, help with child care, help with housing, non discrimination, equal salaries for equal work, maternity rights, the right to use the social security services, the right to a healthy and dignified working environment, help from the companies for transport, the right to training and education.

With regard to salaries in the free trade zones this is decided through tripartite (government, trade unions & employers) negotiation . Therefore "codes do not represent any danger to salary levels"

The women workers said that it is necessary to improve the efficiency of the Labour Ministry in resolving labour conflicts and in inspecting factories. For example during inspection women workers are not consulted unless it is in the presence of the employer.

In relation to working conditions the major concern of workers is the correct payment of over time and the necessity to adequately normalise overtime to avoid very long working hours, weekend work and obligatory overtime.

The workers thought that monitoring and verification could be done through worker surveys, research and announced and unannounced visits to the factory. The workers expressed their interest in knowing what the indicators for monitoring were for social auditing companies that are carrying out monitoring.

The workers considered it very important that monitors should consult with all the social actors who are working for the promotion of women's rights and especially those working with women workers.

The women workers suggested that a mass publicity campaign should be organised stressing the importance of codes of conduct and monitoring and verification.

One point that was emphasised was in relation to campaigns and international boycotts. Care must be taken with campaigns as they can result in factory closure and loss of employment for the workers. International support is important but the true actors are the women and men workers.

Finally it was mentioned that care must be taken with North/South relations as problems that originate in the North can be transferred to the South and have a negative impact on the work being carried out to support women workers in the export processing industry.

Marina Rios from MAM, Sandra Ramos, from MEC, and MEC's press officer at the Regional Workshop on codes of conduct.


Mexico
Mexico: Women's Centre Factor"X" Casa de la Mujer "Factor X"

Factor "X" is a non-governmental organisation, which began ten years ago. It is a collective of feminist women. It was set up to provide a space for meeting, training and promoting organisation for the defence of women's human rights, particularly women workers in the export processing zones.

In Mexico three workshops were carried out with 6 women workers who have their own sewing workshop which is sub contracted by a large company.

For the majority of the women workers this was the first time they had been in a workshop. They had not heard of company codes of conduct previously and therefore it was difficult for them to decide what points they should contain. However, they stated that they should contain fair treatment, a good salary, medical consultation for pregnant women, social security payments, health protection, flexible working hours, just rights for long term workers, job security, child care centres, and a fair pension.

In relation to monitoring the participants thought if there was a trade union in the factory they should carry it out or a representative workers commission. They highlighted the importance of workers being aware of their labour rights and codes of conduct.

Women maquila workers who participated in the workshops organised by Factor X in Tijuana, Mexico.


The Dominican Republic

The Dominican Republic: Trade Union Federation for Workers in the Free Trade Zones Federacion Unitaria de Trabajadores de las Zonas Francas, FUTRAZONA

FUTRAZONA is a trade union federation established in 1982. Most of the members and leaders are women, 80% and 95% respectively. Through its work FUTRAZONA helps to develop female workers' skills in management, leadership and negotiation with the aim to increase their influence in decision making processes. They also provide training in human rights and labour legislation.

The export processing industry is the main source of employment and the second largest source of foreign currency for the Dominican Republic.

Codes of conduct is an area which is quite new. FUTRAZONA started to promote codes of conduct about a year and a half ago with the workers and with the companies. FUTRAZONA has looked at the differences in working conditions in factories where codes are in existence and where there are not. The first point to make is that the majority of workers are not aware of whether their factory has a code or not. The companies have the codes stuck to the walls in English and although workers have requested copies of the codes there has been much resistance by the companies to provide these.

Working conditions are generally better in the factories that have codes than in those that do not. However, verbal abuse remains at similar levels in both. However, the workers do not associate their relative good conditions with the existence of the code, probably because they are unaware of the fact that the company has one.

The workshops on codes of conduct took place in February, March and April this year. In the first place workers expressed concern that codes of conduct may be an obstacle to organising, however, later on in the workshop they concluded that codes were useful in making complaints and this could be more effective than a denouncement to a labour tribunal. Codes do not have the force of law but have another strength that is very important.

Opinions were divided over monitoring. It was agreed that monitors should be residents of the country where they are carrying out the monitoring, they must be independent groups and have the endorsement of both the workers and employers associations. The participants said that it is not so important for workers to carry out the monitoring, as long as it is carried out by organisations that they trust.

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