United States-Colombia Trade Promotion Agreement; Notice of Determination Regarding Review of Submission #2016-02, 46713-46714 [2016-16828]

Agencies

• DEPARTMENT OF LABOR
• Office of the Secretary

[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46713-46714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16828]


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DEPARTMENT OF LABOR

Office of the Secretary


United States-Colombia Trade Promotion Agreement; Notice of 
Determination Regarding Review of Submission #2016-02

AGENCY: Bureau of International Labor Affairs, U.S. Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that 
on July 15, 2016, Submission #2016-02 regarding Colombia was accepted 
for review pursuant to Article 17.5.5 of the United States-Colombia 
Trade Promotion Agreement (CTPA). On May 16, 2015, the American 
Federation of Labor and Congress of Industrial Organizations and five 
Colombian workers' and civil society organizations provided a formal 
submission to OTLA alleging violations of Chapter 17 (the Labor 
Chapter) of the CTPA by the Government of Colombia (GOC). The 
submission alleges that the GOC has failed to effectively enforce its 
labor laws through a sustained and recurring course of action or 
inaction in a manner that affects trade or investment; waived or 
otherwise derogated from its statutes or regulations in a manner 
affecting trade or investment; failed to adopt and maintain in its 
statutes and regulations, and practices thereunder, the rights as 
stated in the International Labor Organization Declaration on 
Fundamental Principles and Rights at Work (ILO Declaration); failed to 
ensure the proceedings in its administrative, judicial, or labor 
tribunals are transparent and do not entail unwarranted delays; and 
failed to ensure that final decisions in such proceedings are made 
available without undue delay.
    OTLA's decision to accept the submission for review does not 
indicate any determination as to the validity or accuracy of the 
allegations contained in the submission. The objective of the review 
will be to gather information so that OTLA can better understand the 
allegations contained in the submission and publicly report on the 
issues raised therein in light of the GOC's obligations under the Labor 
Chapter of the CTPA. As set out in the Procedural Guidelines (published 
as 71 FR 76691, December 21,2006), OTLA will complete the

[[Page 46714]]

review and issue a public report to the Secretary of Labor within 180 
days of this acceptance, unless circumstances, as determined by OTLA, 
require an extension of time.

DATES: Effective July 15, 2016.

FOR FURTHER INFORMATION CONTACT: Matthew Levin, Director, OTLA, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room S-5303, 
Washington, DC 20210. Telephone: (202) 693-4900. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: Article 17.5 of the Labor Chapter of the 
CTPA establishes that each Party's contact point shall provide for the 
submission, receipt, and consideration of communications 
(``submissions'') on matters related to the Labor Chapter and each 
Party shall review those submissions in accordance with domestic 
procedures. A Federal Register notice issued on December 21, 2006, 
informed the public that OTLA had been designated as the office to 
serve as the contact point for implementing the labor provisions of 
United States free trade agreements. The same Federal Register notice 
informed the public of the Procedural Guidelines that OTLA would follow 
for the receipt and review of public submissions (71 FR 76691, December 
21, 2006). These Procedural Guidelines are available at https://www.dol.gov/ilab/media/pdf/2006021837.pdf. According to the definitions 
contained in the Procedural Guidelines (Section B) a ``submission'' is 
``a communication from the public containing specific allegations, 
accompanied by relevant supporting information, that another Party has 
failed to meet its commitments or obligations arising under a labor 
chapter'' of a U.S. free trade agreement.
    The Procedural Guidelines specify that OTLA shall consider six 
factors, to the extent that they are relevant, in determining whether 
to accept a submission for review:
    1. Whether the submission raises issues relevant to any matter 
arising under a labor chapter;
    2. Whether a review would further the objectives of a labor 
chapter;
    3. Whether the submission clearly identifies the person filing the 
submission, is signed and dated, and is sufficiently specific to 
determine the nature of the request and permit an appropriate review;
    4. Whether the statements contained in the submission, if 
substantiated, would constitute a failure of the other Party to comply 
with its obligations or commitments under a labor chapter;
    5. Whether the statements contained in the submission or available 
information demonstrate that appropriate relief has been sought under 
the domestic laws of the other Party, or that the matter or a related 
matter is pending before an international body; and
    6. Whether the submission is substantially similar to a recent 
submission and significant, new information has been furnished that 
would substantially differentiate the submission from the one 
previously filed.
    U.S. Submission #2016-02 alleges that the GOC has failed to 
effectively enforce its labor laws through a sustained or recurring 
course of inaction or action in a manner that affects trade or 
investment; waived or otherwise derogated from its statutes or 
regulations in a manner affecting trade or investment; failed to adopt 
and maintain in its statutes and regulations, and practices thereunder, 
the rights as stated in the ILO Declaration; failed to ensure the 
proceedings in its administrative, judicial, or labor tribunals are 
transparent and do not entail unwarranted delays; and failed to ensure 
that final decisions from its administrative, judicial, or labor 
tribunals are made available without undue delay. The submission cites 
two specific cases to support its allegations.
    In determining whether to accept the submission, OTLA considered 
the statements in the submission in light of the relevant factors 
identified in the Procedural Guidelines. The submission raises issues 
relevant to the Labor Chapter of the CTPA because it alleges that GOC 
failed to effectively enforce its labor laws through a sustained or 
recurring course of inaction or action in a manner that affects trade 
or investment; waived or otherwise derogated from its statutes or 
regulations in a manner affecting trade or investment; failed to adopt 
and maintain in its statutes and regulations, and practices thereunder, 
the rights as stated in the ILO Declaration; failed to ensure the 
proceedings in its administrative, judicial, or labor tribunals are 
transparent and do not entail unwarranted delays; and failed to ensure 
that final decisions from its administrative, judicial, or labor 
tribunals are made available without undue delay. It also clearly 
identifies the submitter and is sufficiently specific to determine the 
nature of the request and permit an appropriate review. The submission 
raises pertinent issues that could further the objectives of the Labor 
Chapter and that could, if substantiated, constitute a failure of the 
GOC to comply with its obligations under the Labor Chapter. The 
submitters provided information on specific cases of alleged labor 
violations and included citations to Colombian law and other relevant 
legal instruments that they believe were violated by the allegations in 
the submission. The submitters provided information on efforts to seek 
appropriate relief for these alleged violations under domestic laws and 
to raise the issues with GOC officials and with the ILO. The submission 
also notes that the issues raised in the submission have not been 
remedied to date. OTLA has not received similar submissions related to 
the CTPA obligations of the GOC. Accordingly, OTLA has accepted the 
submission for review.
    OTLA's decision to accept the submission for review does not 
indicate any determination as to the validity or accuracy of the 
allegations contained in the submission. The objective of the review 
will be to gather information so that OTLA can better understand the 
allegations contained in the submission and to publicly report on the 
issues raised therein. As set out in the Procedural Guidelines, OTLA 
will complete the review and issue a public report to the Secretary of 
Labor within 180 days of acceptance, unless circumstances, as 
determined by OTLA, require an extension of time. The public report 
will include a summary of the review process, as well as any findings 
and recommendations.

    Signed at Washington, DC, on July 12, 2016.
Carol Pier,
Deputy Undersecretary for International Affairs.
[FR Doc. 2016-16828 Filed 7-15-16; 8:45 am]
 BILLING CODE 4510-28-P