Introduction
Human Rights Watch welcomes this opportunity to present views regarding whether Ecuador meets the eligibility criteria provided for in section 204(b)(6)(B) of the Andean Trade Preferences Act (ATPA), as renewed and amended by the Andean Trade Promotion and Drug Eradication Act (ATPDEA), to qualify for trade benefits. In determining whether to designate a country an ATPA or ATPDEA beneficiary, the President must consider “[t]he extent to which the country provides internationally recognized worker rights, including . . . [t]he right of association . . . [and] [t]he right to organize and bargain collectively,” and “[w]hether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974.”1 Human Rights Watch takes no position on unilateral trade preference programs such as the ATPA and ATPDEA, per se, but we take an active interest in workers’ human rights. We believe that such programs can provide meaningful leverage to promote workers’ rights, but only when they include meaningful, enforceable labor rights protections and those protections are vigorously and consistently enforced. In September 2003 and September 2004, Human Rights Watch argued for partial or total suspension of tariff benefits when we submitted ATPA petitions to the Office of the U.S. Trade Representative (USTR). In those petitions, we detailed Ecuador’s failure to meet the ATPA and ATPDEA workers’ rights criteria.2 However, USTR has yet to rule on these petitions, and Ecuador has made little progress in addressing the violations of workers’ rights that we identified. This petition serves to reinforce and update our prior petitions, particularly our September 2004 submission. That petition is included as an appendix. [1] Trade Act of 2002, Title XXXI, “Andean Trade Promotion and Drug Eradication Act,” Sec. 204(b)(6)(B). [2] In determining whether to designate a country an ATPDEA beneficiary, the President must consider “[t]he extent to which the country provides internationally recognized worker rights, including . . . [t]he right of association . . . [and] [t]he right to organize and bargain collectively,” and “[w]hether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974.” 19 USC Sec. 3203(b)(6)(B)(iii),(iv). The APTA, for its part, establishes that the President shall not designate any country a beneficiary “if such country has not or is not taking steps to afford internationally recognized worker rights . . . to workers in the country.” 19 USC Sec. 3202(c)(7).
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