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Conclusion

Human Rights Watch believes that Ecuador continues to fail to “provide internationally recognized worker rights,” as required by the ATPDEA, and has not taken meaningful “steps to afford internationally recognized worker rights,” as required by the ATPA.   Ecuador, therefore, continues to fail to meet ATPDEA eligibility criteria.  As we have repeatedly stated, we believe that this continued failure should result in total or partial suspension of Ecuador’s ATPDEA benefits. 

APPENDIX: SEPTEMBER 2004 PETITION REGARDING ECUADOR’S ELIGIBILITY FOR ATPA DESIGNATION

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.”⁴ 

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.