Cámara de Agricultura de la Segunda Zona
Asociación de Exportadores de Banano del Ecuador (AEBE)
Corporación Regional de Bananeros Ecuatorianos(AGROBAN)
Exportadora Bananera Noboa S.A.
Rey Banano del Pacifico C.A.(REYBANPAC)
Unión de Bananeros Ecuatorianos S.A. (UBESA)
Bandecua S.A.

Human Rights Watch welcomes the acknowledgement by the Ecuadorian banana industry of child labor in that sector and the drafting of an agreement to address the problem. In particular, we commend the industry for strengthening its commitment to uphold Ecuadorian child labor laws and for increasing the minimum age of employment in the industry to fifteen from the legal minimum of fourteen. Nonetheless, we are deeply concerned about the substance of this agreement and the process by which it was reached.

Several of the commitments in the agreement with respect to child labor reiterate employers' current obligations under Ecuadorian law. This is the case in paragraphs 2, 4, and 5, which require the industry to ensure compliance with child labor laws, phase out the employment of underage workers over roughly a year's time, and ensure that children are not performing dangerous tasks. This is also the case in paragraph 6, in which the industry promises to adopt an Ethical Social Code, compliance with which will be certified by a "social seal." The four requirements of that Ethical Social Code-that employers not hire underage workers, allow child workers who have not finished mandatory schooling to attend classes for two hours daily, prohibit children from performing hazardous tasks, and create special registries with relevant data on child workers-are already legal requirements under the Labor Code. Human Rights Watch believes that the agreement should clearly indicate when new commitments are being made and when the industry has agreed to abide by current laws. Moreover, any agreement to safeguard human rights should include provisions to report illegal acts to the appropriate authorities.

In addition to commitments to comply with current labor law, the agreement goes further and includes promises to create a Banana Industry Forum to develop policies for the elimination of child labor and work plans for the agreement's implementation, allow periodic visits to assess child labor in the sector, launch an information and education campaign to prevent child labor and promote children's health and education, and advance the reach and quality of education in the sector.

Human Rights Watch has concerns, however, regarding the agreement's overall implementation as well as administration of the above-described "social seal." The Ministry of Labor's National Committee for the Progressive Elimination of Child Labor (Committee) is charged with monitoring compliance with the agreement. However, until the Committee, in practice, is provided adequate resources and sufficient labor inspectors to effectively implement child labor laws through proactive monitoring and unannounced inspections, the Committee will not likely have the capacity to monitor implementation of this agreement, which includes not only domestic child labor laws but additional industry commitments. Therefore, an alternative, independent, objective oversight mechanism-such as a panel, including worker representatives, of independent experts on child labor and the banana industry-should be created to monitor compliance with the agreement until the Committee can effectively enforce both domestic child labor laws and the industry agreement. This oversight body should also be responsible for awarding the "social seal" through a transparent process that includes independent monitoring and unannounced inspections. Such an oversight body would significantly enhance the credibility of the "social seal," since, without a provision for an independent mechanism to award the seal, the current agreement raises the possibility that the seal will be self-administered by the industry.

Human Rights Watch is also concerned that workers' representatives were not consulted when the agreement was negotiated nor were they invited to participate in the drafting process. Human Rights Watch believes that this agreement has been compromised by the lack of worker involvement, as workers' full participation is essential to ensuring the success of any such initiative.

Finally, in our April 2002 report, Tainted Harvest: Child Labor and Obstacles to Organizing on Ecuador's Banana Plantations, Human Rights Watch documented cases of the worst forms of child labor and serious impediments to freedom of association. While this agreement is a positive first step towards addressing child labor, it does not address freedom of association. The International Labor Organization's Declaration on Fundamental Principles and Rights at Work, which Ecuador is required to respect as an ILO member, establishes both the elimination of child labor and freedom of association as core labor rights. Human Rights Watch remains deeply concerned about the impediments to organizing in Ecuador's banana sector and urges the industry to negotiate an additional public agreement, in consultation with workers' representatives, to uphold the right to unionize.

Human Rights Watch urges the banana industry to take the necessary steps to address these shortcomings and ensure full respect for the human rights of adult and child banana workers. Without such measures, this agreement could be viewed as a public relations exercise rather than a strong effort to safeguard human rights.

Sincerely,

/s/

Carol Pier
Labor Rights and Trade Researcher
Human Rights Watch