Hispanic Marketing 101 Volume 8 # 68

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Volume 8, Number 68 August 24, 2010

Hola!
F o r A l l Yo u r O n l i n e &
Print Hispanic In this issue

Adver tising Needs Email Dominates Mobile Web Time


We are the Experts POYNTER TRAINING FELLOWSHIPS FOR NAHJ MEMBERS
Great Opportunity for Mid-Career Journalists; More Skills
Training for All
Immigration Insights: Twice Weekly Insights Into This Important
Issue
Centro Latino for Literacy's Manos Amigas Celebration A Special
Celebration to honor students, visionaries and volunteers
Obama's Hard Stance on Guatemalan Labor: A Monumental
Step for Labor Rights or Mere Political Maneuvering? by COHA
Research Associate Alexander Brockwehl
Latino Print Network works with EL TEATRO CAMPESINO PRESENTS "POPOL VUH" AS A
over 625 Hispanic publications in FREE FAMILY SHOW RUNNING EVERY WEEKEND UNTIL
180 markets nationwide with a LABOR DAY5 SHOWS ONLY! - AUGUST 28, 29 &
combined circulation of 19 million. SEPTEMBER 4, 5, 6
More Books for your consideration
Click here for the LPN website Issue quote
You can also phone "Every day is an opportunity to make a new
760-434-7474 x171 or x177 happy ending. ~Author Unknown
If you find a quote you like let me know. I will be happy to send to our
or email 8,800 plus Hispanic advertising and media executives & give you a plug for
Abraham@LatinoPrintNetwork.com sending it!
with your needs.
Our Goal
Latino Print Network's goal with each issue is for you to say at
Latino Books Into least once "Glad I learned that".

Movie Awards Hispanic Marketing Podcasts


Click Here for More Info Use and download free HM101 Podcasts. These are good for
sales staff, editorial writers, and fiscal officers. The podcasts
Dear Readers & Writers, cover short insightful aspects of Hispanic marketing and the
American Hispanic community. Over 50 national media,
Many of us would love to see more movies marketing and community leaders provide you with their
being produced that star Latinos and personal insights. These are good for staff meetings, bringing
feature Latino themes. Realizing that many new staff up to speed, and to relearn old ideas to better
movies start with a great book, Latino manage our current businesses.
Literacy Now has created a second
competition within the framework of its Abrazos,
International Latino Book Awards: the
Latino Books Into Movies Awards.
Kirk Whisler
Executive Editor
760-434-1223
While it's too late to enter this year's new kirk@whisler.com
awards competition to be held under the
auspices of the International Latino Book
Awards: The Latino Books into Movies
Awards, you can consider it for next year.

The awards will be presented on the


weekend of October 9-10, 2010 during the
Los Angeles Latino Book & Family
Festival (www.LBFF.us), another Latino
Literacy Now program, that takes place
annually at California State University, Los
Angeles.

Judges for these awards will include


screenwriters, producers, and other
entertainment industry professionals.
Winning books will be distributed to
pertinent Motion Picture Studios,
Producers, and Agents, depending on
genre.
Email Dominates Mobile Web Time

Email, portals stay ahead of social


networking-at least on mobile devices
Hispanic Business
Showcase Social networking has become such a staple of online activity
September 10-11, 2010 in the US that, according to Nielsen, internet users spent
more time on social networking sites and blogs than doing
San Diego Convention any other activity in June 2010. Games, which came in
Center second, took up less than half as much time.
www.HBshowcase.com
On the mobile internet, however, more traditional activities
Produced by the still reign. Email dominated the mobile picture even more
Hispanic Chamber of strongly than social networking did the desktop: If all time
e-Commerce spent on the mobile web was condensed into a single hour, US
internet users would have spent 25 minutes in June checking
email. Portals would have received another 7 minutes, with
Get Your Booth NOW social networks not far behind.

Join Our List


Nielsen reported that social networking has been closing the
gap in time spent on the mobile internet, gaining share since
last year as portals dropped in importance over the same
period.

But email remains one of the most popular mobile internet


activities not just by time spent but also by penetration.
According to the Pew Internet & American Life Project, 34% of
all US mobile subscribers used email on their phone in May
2010, compared with 23% who used a social networking site.
comScore also reported mobile email usage via a browser
ahead of social networking. That research found search had
the highest penetration of any mobile browsing activity, but
search is less time-intensive than email or social sites.

Balloons in Motion Social should continue to make gains in the mobile realm,
however. comScore reported it was the fastest-growing
The most success Hispanic owned balloon
mobile internet activity between 2009 and 2010, rising 80%
events company in the United States can in usage, while email grew more slowly. Bridge Ratings
make your EVENT or MARKETING predicted in June that mobile social networking would grow
EFFORT all the more memorable. No twice as quickly as email during the next 12 months.
event too large or small.
A sampling of clients include: The growing penetration of smartphones will be a key factor
in increased mobile social networking. According to comScore,
1984 Olympics in Los Angeles
53% of smartphone users participated in social networking
1986 Hands Across America activities on the go, compared with just 11% of feature phone
1986 Lady Luck Casino, Las Vegas owners.
1987 Papal motorcade with 100,000
balloons
1987-2010 Fiesta Broadway
1994 World Cup Soccer
and numerous more events
For more information on how
we can help you, please phone
Armando Ogaz at 323-726-7474
Hispanic Zip Profile USA offers you
a totally different way to market to Latinos
We Have Two Packages For Consideration:

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pieces of detailed Hispanic data in each Zip Code. For example,
target Hispanics by five comprehensive levels of language skills
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by decade of arrival, country of origin details, age breakdowns,
and much more.
For Hispanic publications. We will create an effective series of
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Leadership Consulting and Sales Great Opportunity for Mid-Career
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(214) 223-7791
The National Association of Hispanic Journalists is offering
four fellowships for mid-career professionals to attend
Join Our List intensive management and leaderships seminars at The
Poynter Institute this fall. In addition, NAHJ members may
also take webinars and online group seminars on everything
from video storytelling to ethics to reporting on the oil
disaster in the Gulf for free through The Poynter Institute's
News University.

These fellowships are made available thanks to a grant from


the John S. and James L. Knight Foundation, which included a
$20,000 grant to the organization's Count Me Iñ campaign
last fall and additional funds for the fellowships.

The Poynter Institute is at the forefront of addressing the


training needs of journalists and we look forward to using
these fellowships to continue to give our members the tools
they need to keep their jobs, find new ones, or work on their
own.

Onsite Seminars
Four NAHJ members (two for each session) will be selected to
participate in a week-long seminar at The Poynter Institute in
St. Petersburg, Florida as described below. (Click on the titles
for full descriptions.)

Poynter Leadership Academy


http://www.poynter.org/seminar/seminar.asp?id=5389&
catid=107
To be held 10/10/2010 - 10/15/2010
Participation in Poynter's Leadership Academy could very well
mark a turning point in your career. This is Poynter's
signature leadership event. It involves nearly all of Poynter's
Need Great Artwork For faculty and top newsroom leaders as visiting faculty. Learn
what's working in print, broadcast and online newsrooms
Your Marketing Efforts? across the country as they reach out to evolving audiences.
Ignacio Gomez has created Receive personalized, expert coaching and identify the
150+ magazine covers; 700+ strengths you can leverage and challenges you must
illustrations for marketing overcome in order to develop both newsroom staff and the
audiences for the news and information you produce.
campaigns; 40+ movie and
theater posters; and Editing 2010: How to Wear 5 Hats & Succeed
hundreds of other images. http://www.poynter.org/seminar/seminar.asp?id=5396&
catid=107
To be held 11/14/2010 - 11/19/2010
Editors, learn how to effectively manage your ever-growing
number of responsibilities - and produce better stories. Make
better decisions about coverage. Brainstorm better ideas.
Coach reporters to ask better questions. Distinguish between
good video opportunities and bad ones. Write shorter - or
longer - and edit faster. And develop a leadership style that
Call Ignacio Gomez at
works - even in these challenging times.
818-243-2838
The fellowship covers full tuition, which includes materials and
some meals, and NAHJ will provide round-trip airfare on
Continental Airlines to the Poynter Institute in St. Petersburg.

For the Poynter Leadership Academy, applications and


required materials must be emailed to:
membership@nahj.org with the subject heading "NAHJ
Poynter Leadership Academy Fellowship" no later than
Monday, August 30, 2010.

For the Editing 2010 seminar, applications and required


materials must be emailed to: membership@nahj.org with the
subject heading "NAHJ Poynter Editing 2010 Fellowship" no
later than Monday, September 6, 2010.

To apply for this fellowship, you must be a member in good


standing, and now is the time to join or renew. In NAHJ's
mid-year campaign, membership is just $35 for professionals
and it's valid until December 31. To join/renew click here
http://www.nahj.org/2009/06/membership/. To verify your
membership, please contact Paulo Luizaga at
pluizaga@nahj.org or 202-662-7460.

To apply for the seminars, click on the specific links below.


For you to learn more about Disregard the address and deadline dates that appear on the
the values of Hispanic printed application and follow the instructions stated above.

Publications Latino Print


Poynter Leadership Academy application form
Network has done an 80 http://www.poynter.org/seminar/2009_application.pdf
page study entitled The Editing 2010: How to Wear 5 Hats & Succeed application form
Strengths of Hispanic http://www.poynter.org/seminar/2009_application.pdf
Owned Publications
The study details through interviews and
research the 29 key values Hispanic Immigration Update: Twice Weekly
Publications offer to those wanting to reach
the Latino community.
Insights Into This Important Issue
Click Here For The
Arizona gets its doze of "Death by Media"
FREE 80 Page Study By Patrick Osio
(New link)
On March 28, 2008, my "Death by Media" article was
published which dealt with how the US press had literally
scared the pants out of people visiting Baja California with
emphasis on Tijuana. The reports that visitors to Baja were in
danger were tremendously exaggerated and overly
dramatized and how it killed tourism to that region was the
basis of the Death by Media.

Now Arizona is getting a dose of the same medicine, but in


their case it's self promoted. Possibly not realizing that, as
Professor of Communications at Arizona State University
commented, "There is an attraction with conflict, and this is
The Results of the 2010 an issue that has captured the national attention." And wow
International Latino Book how it has.
Awards - the 12th such
The Arizona state government passed and the Governor
awards, held May 25, 2010 signed SB-1070 arguing that crime was rampant. In May,
Senators Jon Kyl and John McCain wrote a widely published
at the Jacob Javits
open letter to President Obama in part saying, "Many
Convention Center in New
Arizonans do not feel safe within their own homes or on their
York. own property. They feel that they live in a lawless area of the
Click Here For The Results country and have been abandoned by the federal
government."

That wasn't enough, Arizona Congress members Gabrielle


Giffords and John Shadegg also sent Obama a letter asking
for National Guard soldiers be deployed to the border because
"violence in the vicinity of the U.S. Mexico border continues to
increase at an alarming rate."
If you are interested in the
Entertainment Industry, consider Arizona Governor Brewer got into the act on Fox News saying
joining the National Association of to a national audience, "Arizona cannot afford all this illegal
Latino Independent Producers. For immigration and everything that comes with it, everything
10 year NALIP has helped thousands from the crime and to the drugs and the kidnappings and the
of Latinos gain access and power extortion and the beheadings." And for greater emphasis she
within the Entertainment Industry. added that illegal immigrants were drug smugglers not job
The organizations serves producers, seekers and responsible for much mayhem.
directors, writers, and all other behind
the camera professions. For more The state's leadership gave the impression that Arizona is
information about becoming a
caught up in rampant, non stop crime. Just like in Baja
member click here. Regular
California, tourism to Arizona has taken a huge hit, and just
memberships are as low as $50 and
like Tijuana, Phoenix is suffering the most from the lack of
student memberships only $20.
tourism.

The self created perception of high crime, like in Baja


California, looms out of proportion to the actual reality of the
situation. But once the worst is imbedded in the minds of
people, removing the negative perception can become a
gargantuan task. Potential visitors to the state and its many
cities don't want to get caught in the cross fire of real or
perceived violence.

TransEdita And just like it's been done to Mexico and Baja, comedians
The All-in-One are having a field day - Stephen Colbert: "Arizona police
Translation, Editing & officers will taser anyone using the word 'chipotle." Jay Leno:
Design Service. "Rich Arizonians will now have to start raising their own
children." Latino comedian: "Arizona is the new boogie man,
Get the quality & price you
Mexican-American moms are telling their kids that if they
need from a professional don't behave she will send them to Arizona." And so it goes.
service provider to book,
newspaper and government And worse for Arizona, they continue to dig themselves
deeper into the hole of arousing fear and anger. Now their
entities. Contact elected officials have decided to go after the children of
undocumented - deny any child born of an illegal immigrant
transedita@live.com
mother birthright citizenship.
or go to
www.transedita.com The sponsors have yet to explain how this new attack on
children will cure their self promoted "Arizona is being over
run by crime." Are babies still in the wound already
criminals? Do they at birth begin their criminal careers?

Standing on the way of being able to carry out this new rather
silly endeavor is of course nothing other than the U.S.
Constitution's 14th Amendment providing citizenship to
anyone born in U.S. jurisdictional land (foreign embassy
compounds are not within US jurisdictional land).

This new ill conceived anti-babies rhetoric coupled with


SB-1070 is causing quite a stir, leading to visitors' boycott of
Arizona, international negative press, conventions and events
cancellations and threats of economic reprisals many already
in effect. So Arizonians will now live the same Death by Media
Need A
that Baja and Mexico have. And they will find it takes a long
Quality Portrait for your time to right the ship and once labeled "racist" it sticks for a
business, restaurant or long, long time.

family? Whatever the problems Baja California may be experiencing,


Ignacio Gomez has over 250 the one thing that is not present is local attacks on babies
satisfied clients. Call Ignacio born to American women while in Mexico. The baby will be a
Mexican citizen and when registered with a U.S. consulate in
Gomez at 818-243-2838
Mexico, the child will be a US citizen enjoying dual citizenship.

Maybe in time those dual citizens will manage to bring peace


and understanding to both sides of the border, maybe even in
Arizona.

Be sure to mark your


calendar for the NAHP 2011
Convention: HACU's Annual Conference provides a unique forum for
the sharing of information and ideas for the best and
Orlando, Florida most promising practices in the education of Hispanics.
October 12-15, 2011 Visit www.hacu.net for more information and to register.

Centro Latino for Literacy's Manos Amigas


Celebration: A Special Celebration to honor
students, visionaries and volunteers.

When: Friday, September 10th - 6:30pm to 8:30pm


Where: Crescent Arms Hall at 1709 8th Street, Los
Angeles, CA 90017
Ticket Price: $125

Our 4th ManosAmigas/Helping Hands Celebration honors our


newly literate graduates for completing Leamos™ our
The National Association of web-based Spanish literacy program and Funcional (Financial
Literacy and Vocational Skills). This will be the first time the
Hispanic Publication's José students receive a diploma and it is a proud moment for the
Martí Awards are the largest entire family.

Latino Media Awards We will honor those who support our mission including:
Click here for the 2010 Congresswoman Lucille Roybal-Allard, 34th
Award Winners Congressional District - Community Leadership Honoree
Melanie Stephens and Marcos Cajina - Visionary

The State of Hispanic Founders


Dr. Concepción Valadez UCLA Graduate School of
Print 2010 Education Professor - Volunteer Honoree and Keynote
Highlights
Click here for The State
Master of Ceremonies, Salvador Durán, KMEX TV Channel 34
of Hispanic Print power
(Univision).
point presentation that Centro Latino for Literacy, located in the Pico Union
Kirk Whisler gave at the neighborhood and serving Los Angeles County since 1991,
2010 NAHP Convention in has taught literacy skills to 3550 non-literate Latinos from
teens to grandparents. Centro Latino also provides access to
Albuquerque financial literacy, basic computer skills, and ESL classes. For
more information please contact
For more indepth research please
carlos@centrolatinoliteracy.org or call 213.235.9995.
call Kirk Whisler, Latino Print
Network, 760-434-1223,
kirk@whisler.com

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video of some of the Movies
& Shows Edward James
Olmos has been in

Sign up for Hispanic Marketing 101


podcasts

August 19-25, 2010


Chinese 6 Mann Cinemas, Hollywood, CA
The Big Winner
at the 2008 Tony's is now
slated to be a movie
Obama's Hard Stance on Guatemalan
Labor: A Monumental Step for Labor Rights
or Mere Political Maneuvering?

by COHA Research Associate


Alexander Brockwehl
The 2009 Hispanic Print
Trends & Analysis On July 30th, United States Trade Representative Ron Kirk
announced that the U.S. would file a formal complaint against
Click here for the most the Guatemalan government for violating labor standards
under the Dominican Republic-Central America Free Trade
comprehensive annual Agreement (CAFTA-DR). According to the Office of the U.S.
analysis of Hispanic Print Trade Representative, the announcement marks "the first
anywhere. labor case the United States has ever brought against a trade
agreement partner." In Kirk's speech the same day to
For more indepth research please Allegheny Technologies Inc., a metal manufacturing company
call Kirk Whisler, Latino Print in Washington, Pennsylvania, he declared that the Obama
Network, 760-434-1223, administration intended to "[send] a strong message that our
kirk@whisler.com trading partners must protect their own workers...and that we
are prepared to enforce the full spectrum of American trade
rights from labor to the environment."

Though this development deserves recognition for improving


the protection of labor rights under free trade agreements
Hispanic Zip Profile USA offers (FTAs), there is reason to be skeptical of the administration's
you a totally different way to intentions. Since Barack Obama's January State of the Union
market to Latinos. Not merely the Address, in which he promised to double exports over the
number of Latinos in a zip code next five years, the President has adopted a decidedly
and a few basic characteristics, pro-trade approach, voicing support in recent weeks for FTAs
but over a thousand pieces of with Panama, Colombia and South Korea. The case against
GREAT data. For example target
Guatemala, brought when Congress is becoming increasingly
Hispanics by five comprehensive
polarized over ratifying further free trade measures, may be
levels of language skills with the
an attempt by the Obama administration to quell democratic
detailed LPN Spanish Index. Call
Kirk at 760-434-1223 for more labor-related concerns by demonstrating that the labor
information. provisions included in FTAs can and will be enforced.

Regardless of its political motivations, the complaint is


Join Our List unlikely to have a significant impact. Since taking effect in
Guatemala on July 1st, 2006, CAFTA-DR has spawned
systemic labor abuses, anti-unionist violence, and human
rights violations. The agreement is intentionally devoid of
rigid labor law enforcement mechanisms and lacks sufficiently
formidable penalties for noncompliance with labor provisions,
making it unfit to induce lasting reform. In this sense, though
a positive step, the case against Guatemala should not be
seen as a comprehensive solution. The Obama administration
would be wise to take this as an opportunity to help the
Guatemalan government combat the exploitation of labor by
civic authorities acting on behalf of big business and
agricultural interests. For the time being, Washington should
use the case of Guatemala to recognize the flaws in the U.S.'
current FTA model and begin improving upon them for future
agreements.
A Long-Awaited Response to Endemic Labor Abuses in
Guatemala
On April 23rd, 2008 the American Federation of Labor and
Congress of Industrial Organizations (AFL-CIO), along with six
Guatemalan labor unions, filed a public submission to the U.S.
Department of Labor's (DOL) Office of Trade and Labor Affairs
(OTLA) claiming that the Guatemalan government had not
been fulfilling its labor-related obligations under CAFTA-DR. In
the complaint, Thea M. Lee, the AFL-CIO Policy Director,
offered five different case studies in which labor laws had
been violated repeatedly between CAFTA-DR's ratification in
July 2006 and April 2008. In all of these cases, the
Guatemalan government's inaction, failing to sufficiently
respond despite repeated notification, constituted a breach of
articles 16.1, 16.2, and 16.3 of the agreement. The
comprehensive report also addressed issues that are not dealt
with in CAFTA-DR's labor provisions, such as violence against
unionists, unjust dismissal, and the failure of employers to
pay into the Social Security System. The submission urged
the OTLA to immediately invoke Article 16.6.1 of the
agreement to request consultation with the Guatemalan
government and pressure its Labor Ministry to rectify the
situation.

Although the AFL-CIO submission stressed the urgency of


issuing a request for consultation, Washington was slow to
respond. It would take over two years before Ms. Lee's advice
would be followed. In January 2009, after investigating the
incidents described in the AFL-CIO submission, the OTLA
released a report in which it found that many of the cases in
the AFL-CIO report did constitute labor rights violations. It
emphasized that the Guatemalan government assume a more
active role in investigating cases of violence against unionists;
however, it did not recommend invoking Article 16.6.1. The
OTLA concluded that it would consider the option when it
reassessed the situation in Guatemala six months later.

Over the next year and a half, talks continued intermittently


between the OTLA and the Guatemalan Ministry of Foreign
Affairs, but subsequent DOL reports and briefings indicated
that not much progress had been made. On July 30th, 2010
Ron Kirk and Secretary of Labor Hilda Solis finally announced
the consultation request in a letter to the Ministers of
Economy and Labor, officially beginning a process that could
result in trade sanctions. In the request, they stated that over
the last eleven months the U.S. had been conducting an
"extensive examination of Guatemala's compliance with its
obligations under Chapter Sixteen" and had found that "the
Government of Guatemala appears to be failing to meet its
obligations under Article 16.2.1 (a)." According to the letter,
the many labor abuses discovered in this investigation
combined with the government's failure to enforce its
domestic labor laws constituted a "sustained or recurring
course of action or inaction" that was adversely affecting
trade between the two parties.

In Ron Kirk's speech the same day, he further contended that


Guatemala's lack of labor protections was disadvantaging the
American workforce by creating an unfair international labor
market. Striking a political tone, he reassured Pennsylvania
workers, exclaiming, "the Obama administration will not
tolerate labor violations that place U.S. workers at a
disadvantage." According to Article 16.6.1, the two countries
will now have sixty days to conduct talks in an attempt to
remedy the situation. If the talks are deemed unsuccessful,
Guatemala may be subjected to fines and trade sanctions.

Obama's Not So Ulterior Motives


Since July 30th, various domestic and international bodies
have praised the OTLA's decision. For the most part,
organizations promoting labor rights seem encouraged by the
decision, viewing it as a demonstration that labor stipulations
in FTAs actually can carry weight and be operational. Richard
Trumka, President of the AFL-CIO, used the occasion to draw
a sharp contrast between the administrations of Bush and
Obama. He applauded the decision for demonstrating "the
strong commitment of the Obama administration to enforcing
our trade laws, including the obligation to respect workers'
rights." The Chairman of the House Committee on Education
and Labor, George Miller, lauded the decision as a "positive
step forward"; however, he lamented that the current
predicament was entirely avoidable. "It is unfortunate that we
have to go back and correct fundamental problems that were
supposed to have been resolved when this treaty was signed,"
he explained. "That's why future agreements must ensure
that commitments on labor rights are visible, verifiable and
enforceable."

Though labor organizations have generally reacted positively


to the OTLA decision, many believe that it has political
motivations behind it. In an interview with The New York
Times, I.M. Destler, a public policy professor and trade expert
at the University of Maryland, offered insight regarding the
possible rationale behind the Obama administration's push for
sanctions against Guatemala: "By emphasizing enforcement
of existing agreements, they increase their credibility as a
defender of U.S. trade and economic interests, and perhaps
also strengthen their future political capacity to negotiate new
agreements," he reasoned. As Professor Destler asserts, the
timing of the announcement was no accident: labor abuses
have long been endemic in Guatemala, yet the Obama
administration waited to select this opportune moment to
finally threaten the country with tangible sanctions.

The notion that President Obama is censuring Guatemala in


order to promote pending agreements has not been lost on
the Guatemalans. In response to the announcement from Kirk
and Solis, the Guatemalan Ministry for Foreign Affairs issued a
statement in which it indirectly accused the OTLA of issuing
the complaint in such a public manner for political reasons.
The statement requested that such motivations be put aside
so that talks could be held in "an environment of seriousness
and mutual respect." An opinion piece in the Guatemalan
daily El Periódico, entitled "Bad Employers: Washington
Threatens with the Whip" reflected a similarly skeptical
sentiment, asserting unequivocally that the complaint "is not
a legal issue: it's political."

Reasons for Skepticism


Though the Obama administration's motivations in rebuking
Guatemala have raised eyebrows, of far greater importance is
whether the measure will actually be effective. Kirk and Solis'
letter describes the reasons for filing the suit, citing failures
by the Ministry of Labor to "investigate alleged labor law
violations...and take enforcement action once the Ministry has
identified a labor law violation." Most of these violations, the
letter stated, defied those laws that reflected the International
Labor Organization's (ILO) principles of the right of
association, the right to organize and bargain collectively, and
the right to acceptable working conditions. The letter also
emphasized the OTLA's concern regarding violence affecting
unionists, a problem it describes as "serious and apparently
deteriorating." The important question, therefore, is whether
or not this complaint will help to alleviate these problems.

Unfortunately, with regard to the breech of ILO standards,


there is little reason to believe that this measure will have a
substantive impact. CAFTA-DR lacks sufficient enforcement
mechanisms to ensure that countries meet these basic levels
of compliance. The agreement's non-derogation principle,
which states that a country should not lower its domestic
labor standards with the goal of inducing further trade and
investment opportunities, is a criterion that countries should
merely "strive to [meet]." The only enforceable aspect of the
agreement, which has been invoked by the OTLA, is the
obligation to enforce one's own laws, but even this relatively
bland provision leads to mild repercussions if disobeyed. If no
agreement can be reached between the two countries and if
the U.S. pursues further sanctions, CAFTA-DR stipulates that
$15 million USD is the maximum fine that could be imposed
upon Guatemala. Moreover, all fines would be redirected into
Guatemalan governmental funds with the stipulation that the
money be used in a direct effort to improve the enforcement
of the country's labor laws.

The complaint is even less likely to decrease violence against


unionists, a problem that has been ongoing for decades. The
various parties were undoubtedly aware of this longstanding
issue in Guatemala and elsewhere when they drafted and
signed CAFTA-DR; however, the agreement makes no mention
of earnestly combating labor-related violence. A 2008 report
issued by The Solidarity Center, an international labor
organization developed by the AFL-CIO, shows that such
violence has been common in the country since at least the
1980s and has only been exacerbated by the advent of the
free trade agreement. Beginning in the late 1980s, the report
states, worker rights advocates repeatedly contacted the U.S.
DOL and Office of the Trade Representative in hopes of
strengthening labor rights provisions in the Generalized
System of Preferences, a U.S. trade program with Guatemala
and other Latin American nations that has since been
superseded by CAFTA-DR. According to the report, however,
these attempts had minimal effect and CAFTA-DR seems to
have only made matters worse. "With the enactment of
CAFTA," the report asserts, "worker rights advocates lost a
significant tool for pressuring Guatemala and other U.S. trade
partners to improve respect for core worker rights." The U.S.
must make efforts to decrease violence against unionists in
Guatemala, but the labor complaint is unlikely to achieve such
a goal.

The 2007 Bipartisan Trade Agreement: A Partial Solution


Although the complaint by itself can have only a limited
impact on improving labor rights in Guatemala, it could serve
as an opportunity for President Obama to consider what
further action needs to be taken, as well as to revisit the
structure of the labor provisions in CAFTA-DR and other FTAs.
A 2007 Bipartisan Agreement on Trade Policy took significant
strides toward making labor provisions in future trade
agreements more rigid and enforceable. Under this
agreement, which is meant to apply to the pending FTA with
Panama, the involved parties are required to adopt, maintain,
and enforce the five core ILO standards (freedom of
association; the right to collective bargaining; elimination of
all forms of forced labor; abolition of child labor; and
elimination of discrimination in employment). Derogating from
one's applicable domestic laws may also be a punishable
offense. That said, only federal governments, not NGOs, can
invoke CAFTA-DR's penalty phase in bringing a complaint
against another. Also, as with past agreements, a government
must show that the violation constitutes a "sustained course
of action or inaction" that occurred "in a manner affecting
trade or investment between the parties" in order to pursue
sanctions. Like with prior FTAs, the Agreement fails to treat
the issue of violence against the offending country's trade
unionists.

The 2007 trade deal also allows the U.S. to act as a


paternalistic and exploitative trade partner if it so desires. It
commendably improves upon CAFTA-DR by forcing involved
parties to adhere to ILO standards; however, its language
selectively ignores the fact that the U.S. has only agreed to
the ILO's "Declaration on Fundamental Principles and Rights
at Work," and has not ratified all of the five core ILO
standards. Were another country to file a complaint against
the U.S., and a panel found the U.S. guilty of labor violations,
Washington officials could use this fact as well as the
ambiguous language in the agreement to justify
noncompliance with proposed sanctions. Panel decisions in
response to labor-related suits are not self-executing and
cannot alter U.S. law, meaning that U.S. compliance
mandates would be impossible to enforce. Considering that
many current trade partners, including Guatemala, have
attempted to excuse flawed labor policy by citing U.S.
hypocrisy, it is essential that the U.S. practice what it
preaches with regard to the enforcement of labor laws.

Obama's Opportunity
The labor complaint against Guatemala represents a positive
step but it is limited in scope. Guatemala deserves reprimand
for its deplorable record on labor rights, but the U.S. must
demonstrate its commitment to the country by moving
beyond punitive measures and actively assisting the
Guatemalan government in seeking improvements to its own
labor laws. President Obama should take this opportunity to
reassess the labor chapter of CAFTA-DR and to recognize that
the 2007 Agreement does not remedy many of its problems.

In the coming months, President Obama will attempt to push


through pending FTAs with Panama and Colombia. Of utmost
importance is that he not follow the path of his predecessor,
George W. Bush, who used the euphemistically renamed
Trade Promotion Authority (TPA) to force CAFTA-DR through
Congress on a fast-track basis. By allowing only yes-no votes,
Bush made certain that the proposed reforms of labor
advocates and trade policy experts would be excluded from
FTA discussions. If Obama similarly attempts to expedite the
passage of these agreements, he will confirm that his
motivation behind the complaint against Guatemala was
purely political and the flaws of past agreements will likely be
reproduced.

The respective labor situations in Colombia and Panama pose


significant challenges to effective exercise of free trade. Both
countries suffer from a deteriorating rule of law, an important
prerequisite for economic growth. Conditions have rapidly
worsened in Panama where, during the last two months, the
Martinelli government has demonstrated its wanton disregard
for labor rights, violently suppressing Panamanian trade
unionists in the hopes of opening the country up to
unrestricted trade and investment. As for Colombia, according
to the World Trade Organization, it remains the only country
where violence against unionists is worse than in Guatemala.
President Obama must sit down with labor and trade policy
experts as well as members of Congress to make certain that
these agreements are sufficiently protective of labor rights.
More accountability on the part of the U.S. in enforcing and
improving its own labor laws, stricter regulations regarding
domestic labor laws for trade partners, and harsher
repercussions for countries that assure impunity for those
who commit acts of violence against trade unionists would go
a long way toward improving worker rights throughout the
U.S.' free trade network.
EL TEATRO CAMPESINO PRESENTS
"POPOL VUH" AS A FREE FAMILY SHOW
RUNNING EVERY WEEKEND UNTIL LABOR
DAY, 5 SHOWS ONLY!-AUGUST 28, 29 &
SEPTEMBER 4, 5, 6

During the final days of summer, El Teatro Campesino will


present seven free performances of a workshop production of
"Popol Vuh: The Story of Seven Macaw" in the parks of the
historic Mission town of San Juan Bautista. This all-new
original musical adaptation is based on the sacred creation
book of the Quiche Maya - a book that translates the famous
myths and recorded history of the Mayan people. Directed by
Lakin Valdez, "Popol Vuh" is staged in the popular theater
style made famous by El Teatro Campesino, with live music
and larger than life characters.

In "The Story of Seven Macaw"-this year's outdoor matinee


offering-the magical Mayan Hero Twins are summoned by the
Creators of the world to deal with the false and corrupt Seven
Macaw, who holds dominion over the Earth. Arrogant and
materialistic, Seven Macaw forgets the love of his own mother
- the Sacred Tree -in his quest for more possessions, until the
twins force him to see what's truly in his heart.

Funded by a grant from the James Irvine Foundation, "The


Popol Vuh" will be developed and staged over the next two
years, with additional support for this year's production
coming from the California Arts Council. This ongoing project
aims to take the ancient stories of the Popol Vuh and fashion
an environmental fable for our times - to be staged on an
epic canvas for generations to come.

"We're aiming to develop an outdoor summer production, told


in a sweeping story as a pageant," said Artistic Director Kinan
Valdez. "Our workshop productions are fully-staged
productions even though they are works in progress. We
recognize that these are still tough times so we'll have seven
free outdoor performances this year - having audience
participation is crucial to the development process."
Presented outdoors in San Juan Bautista in three different
locations, "Popol Vuh: The Story of Seven Macaw" promises
to be a family-friendly spectacle full of passion, pageantry and
puppets. Audiences are encouraged to bring lunch, lawn
chairs and picnic blankets for a fun-filled afternoon of free
popular theater. The production will end with a special Labor
Day performance on September 6 at the San Juan Bautista
Mission Plaza.

Performances start Aug. 21 and will run until Sept. 6., always
at 2 p.m. Locations and dates are as follows:

Saturday, August 28-2:00 pm, San Juan Bautista


Mission Plaza
Sunday, August 29-2:00 pm, San Juan School Soccer
Field
Saturday, September 4-2:00 pm, San Juan Bautista
Public Library
Sunday, September 5-2:00 pm, San Juan School Soccer
Field
Monday, September 6-2:00 pm, San Juan Bautista
Mission Plaza

San Juan Bautista Public Library is located at 801 Second


Street, San Juan Bautista Mission Plaza is located at 408
Second Street, and San Juan School Soccer Field is located at
100 Nyland & Third Street. For more information call
831.623.2444 or visit www.elteatrocampesino.com.
More Books For Your Consideration
Important Events
To Plan For?
e-mail info about your Media, Marketing or Latino event to
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Sinceramente,

Kirk Whisler
Hispanic Marketing 101

email: kirk@whisler.com
voice: (760) 434-1223
Latino Print Network overall: 760-434-7474
web: www.hm101.com
Podcast: www.mylatinonetwork.com

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