Women in the Honduran Melon Industry - International Labor Rights ...

INTERNATIONAL LABOR RIGHTS FORUMBUILDING A JUST WORLD FOR WORKERSWomen in the Honduran Melon Industry

ILRF would like to acknowledge the generous support of the Berger-Marks Foundation for the research and production of this report.International Labor Rights Forum1634 I St NW, Suite 1001Washington, DC 20006Tel: (202) 347-4100Fax: (202) 347-4885laborrights@ilrf.orgwww.laborrights.org© 2012 by the International Labor Rights Forumand COSIBAHResearch and writing: COSIBAHWriter: Vail MillerSpanish translators: Hanna Claeson, Yudany LopezEditor: Liana FoxvogDesigner: Chelsie BiluckCoordinadora Sindicatos Bananeros yAgroindustrias de Honduras (COSIBAH)Colonia Sitraterco100 Metros al N.O. del Parque CentralApdo. Postal 4128La Lima, Cortés, Honduras. C.A.Telefax: (504) 668-1736cosibah@colsibah.orgwww.cosibah.orgINTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY2

TABLE OF CONTENTSExecutive Summary........................................................................................ 2Introduction .................................................................................................... 4Working Conditions ......................................................................................6Conclusions and Recomendations .............................................................12Appendix A ......................................................................................................16INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY1

EXECUTIVE SUMMARYRecent reforms to the melon industry have createdhigher product quality standards, but have failed toimprove labor standards. Workers in the melon industryremain subjected to precarious employment, unsafeworking conditions and wages that are both illegally andunethically low.The situation is especially pronounced for the 25,000melon workers in southern Honduras. In an attemptto remain profitable amidst growing competition fromMexican producers, Honduran companies have lookedto cut production costs. All too often, however, thesecost cutting strategies come at the expense of theirworkers. For the thousands of predominantly female,poor, uneducated melon workers this means twelve tofourteen hour work days, seven days a week; salariesbelow minimum wage with no overtime pay; exposure todangerous chemicals and inhumane working conditions;and no access to social security.This report presents key findings of COSIBAH’s(Coordinadora de Sindicatos Bananeros yAgroindustriales de Honduras) research into theworking conditions of female melon workers in southernHonduras. This report also serves as a call to action,suggesting ways in which workers’ rights to fair wagesand decent working conditions may be brought to thefore of melon companies’ corporate strategy, governmentprerogative, and consumer consciousness.WagesCOSIBAH discovered that over 85% of female melonworkers receive less than the minimum wage. Inaddition, 69% of these women work overtime hours forwhich nearly half of them are not paid, and the majoritywork Sundays and holidays without pay. The Honduranminimum wage for farmworkers is 112.33 lempiras(US$5.90) per day; however, the majority of melonworkers scrape by on well below a dollar a day perperson for the average family of six.Temporary EmploymentMelon farming is seasonal work, and almost all labor ishired on contracts of six months or less. Despite thebrevity of the contract, most women return to work onthe same plantation year after year. In keeping contractsshort-term, employers are able to maintain the upperhand on workers, with the threat of not renewingemployment the next season. Temporary contractsalso make it difficult for melon workers to organizeand collectively claim their rights. Melon workersthus become more vulnerable to hazardous workingconditions and sub-minimum wages.Working ConditionsDays are long for melon workers: most report workingtwelve to fourteen hour days and just over half receivea break for lunch. Only 30% of workers interviewedare provided with potable water, restroom facilities, orcafeterias. Most of the workers are employed in thecutting of melons from the vine, but despite frequentexposure to strong chemical fertilizers and insecticides,scarcely half of them receive protective equipment orappropriate safety training. As a result, many workerssuffer from work-related illnesses and injuries.Social SecurityMelon companies are required to pay into Social Securityand guarantee that their employees have access to itsbenefits. Currently, melon companies are disregardingthis law and their workers are suffering the consequences.Without social security benefits, women are forced to usethe company’s medical facilities, leading to illegal layoffswithout compensation for pregnancy or work-relatedinjury.A Call to ActionThis report calls on melon companies to reform theirpractices to align with national law and internationallabor standards. Companies’ desires to reduce costsshould not take precedence over their obligation toprovide a safe and fair working environment. TheHonduran government should not bow to the economicstrength of powerful agricultural companies. Instead,monitoring commissions should identify abuses and holdthe responsible companies accountable. Committeesand organizations that fight for workers’ rights must beprotected so that they can freely promote labor andhuman rights.INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY2

EXECUTIVE SUMMARYThe international community successfully achieved theimplementation and monitoring of consumer healthstandards in the melon industry. The same preoccupationfor consumers’ safety should extend to the health, safetyand well-being of the individuals whose hard work bringsmelons to our homes.COSIBAH, A Labor Rights WatchdogCoordinating Body of Banana and Agroindustrial Workers’ Unions(COSIBAH), was founded in 1994 and has documented workingconditions and educated farmworkers in southern Hondurassince 2007. Their team of researchers designed and carried outa comprehensive worker survey in Choluteca. They individuallysurveyed 310 female melon workers and conducted fifteenseparate meetings with community leaders and focus groups. TheInternational Labor Rights Forum then worked with COSIBAH towrite and publish this report.INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY3

INTRODUCTIONIn 2011, the melon industry captivated national andinternational audiences with one of the worst foodborneillness outbreaks in recent decades. The listeriavirus claimed the lives of 25 people, hospitalized 123nationwide and led to the recall of some 300,000 casesof fruit. Even though the virus was linked to U.S.-growncantaloupes, both foreign and domestic melon companiessoon came under intense public pressure to implementhigher standards in planting, harvesting and production toprotect consumers – without addressing the health andsafety of the workers who grow and harvest the melons.Melons are the United States’ second-largest import fruitfrom Honduras, after bananas. Although the United Statesproduces several thousand tons of melons for domesticconsumption and export each year, the nation is still a netimporter of honeydew, cantaloupe, cucumber, watermelonand several related melon species. Honduras is the fourthlargest exporter of melons to the U.S., providing 14% ofU.S. melon imports. Melons are Honduras’ fourth-largestagricultural export, an important source of incomefor the country. These melons are grown in southernHonduras, in the region of Choluteca.Melons and CholutecaMelon cultivation was introduced to Honduras bylarge corporations in the 1980s. The production rapidlyexpanded to an estimated 1000 small producers. Overtime some farms consolidated and others left the marketdue to price and market restrictions, leaving about 150farms, which sell their melons to four large companies-- Montelibano, Hondex, Suragro, and Agrogolfo -- forexport. These four companies determine the industrystandard for production quality and labor regulation. And,to a large extent, they determine the standard of living forCholuteca laborers.“We went into this investigation more-or-less knowingthat the working conditions would be very bad, but wenever anticipated being confronted by such misery andinjustice.”~COSIBAHAlthough melon sales total upwards of $55 millionannually, Choluteca is one of Honduras’ mostimpoverished regions. Choluteca’s economy is basedalmost exclusively on the foreign export of melons,mango, rice, cotton, sugar, bananas and shrimp. Theseasonal crops demand a temporary ‘unskilled’ laborforce that is contracted for the labor-intensive plantingand harvesting months. As a result, job placementis competitive and most people find work for only afew months at a time. Choluteca suffers from a 44%unemployment rate and even higher under-employmentrate.“During melon season, women work as temporarylaborers. The rest of the year, they are street vendors,clothing washers and domestic servants – where they arealso exploited.”~COSIBAHMelon workers are hit hard during the lean monthsbetween the planting and harvesting seasons when workdries up. Their families scrape by on whatever meagersavings they were able to hold onto during the melonsseason. The estimated cost of living for a family of sixin this region is 6,198 lempiras, or about $325 a month.The average family, however, is only able to earn abouta third of that. For that reason, 60% of the populationsay that their entire paycheck goes towards puttingfood on the table, with not enough remaining for healthcare, education, clothing, and sanitary supplies. Powerfulowners hold almost all of the region’s land, leavingordinary people without the ability to establish farms,orchards, or gardens as an additional source of food. Asa result, malnutrition affects one in three people inCholuteca.INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY4

INTRODUCTIONON GETTING BY:Families that struggle to make it through the leanmonths employ various strategies to cover theirbasic necessities, including:• eating cheaper, less-preferred food,• decreasing meal size,• cutting meals,• taking out loans,• being paid in food,• selling domestic animals,• prioritizing children’s food intake over parents,• eating next year’s seed reserves,• migrating in search of work,• having more family members work, and• selling off their possessions.“Many workers sadly told us that they no longer own theland that they used to use to cultivate corn, beans andyucca… They now have to rent that land.”~COSIBAHWorkers and Workers RightsThe poverty of Cholutecan workers’ living conditionsis the result of melon companies’ failure to typically payeven the legal minimum wage. Honduran law sets clearlabor standards for agriculture; however, the economicpower wielded by melon companies in practice exemptsthem from the consequences of noncompliance.Honduran Labor Law stipulates that farmworkers cannotbe required to work more than twelve hours a day andthey must be provided breaks totaling one and a halfhours. In addition, Honduran labor law is explicit as tothe minimum wage and benefits that are to be includedin any labor agreement, the violation of which places theemployer at fault and subject to fines. Unfortunately,these regulations frequently go unenforced. The majormelon companies have such a significant role in theregional and national economy that often their laborpractices go unmonitored and their wrongs unpunished.“The labor situation in this region has always beenprecarious because the State does not seem tounderstand its role as defender of human and laborrights… Melon companies act with impunity like feudallords whose interests cannot be meddled with.”~COSIBAHWorkers at Suragro have indicated that although theSecretary of Labor has inspected the company andidentified violations of labor and minimum wage laws,Suragro would rather pay fines than reform theiremployment practices. Suragro is not alone: all the majormelon companies knowingly and willingly subject workersto illegal and debilitating working conditions. These samecompanies operate with relative impunity. They facelittle or no repercussion from government authoritiesand they have effectively stifled union organizing. Amidstthis anti-worker and anti-union climate, there is onlyone workers’ union comprised of 65 membersrepresenting the plight of Choluteca’s more than50,000 poor and exploited farmworkers.“Melon companies are not interested in the healthof their workers; they are only interested in what theyproduce.”~COSIBAHGiven the indifferent actions of the Hondurangovernment, the lack of union organization, and thelimited public knowledge of the issue, much more needsto be done to correct the grave labor violations ofHonduran melon companies.INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY5

WORKING CONDITIONSEmployment and HiringThe exploitation of melon workers begins with the hiringand contracting process. Workers are hired on shorttermcontracts, with the terms of employment oftennot adequately disclosed, making it difficult or nearlyimpossible for workers to denounce violations of theirrights.Of the 25,000 melon workers in Choluteca, 98% areemployed on temporary contracts. According toworkers, these contracts are valid for a maximum ofsix months. Contracts are often entered into verbally,leaving no formal documentation of the labor agreement.This violation of Honduran law means that workers arein a vulnerable position with minimal possibility of legalrecourse for abuses committed by their employers.Precarious WorkLabor rights protections are underminedworldwide as permanent, regular jobs arereplaced by contract labor and temporary,unstable work – a pattern and practice known as“precarious work.” These workers are subject tounstable employment, low wages and dangerousworking conditions. They rarely receive socialbenefits and are often denied the right to joina union. Even when they have the legal right tounionize, workers are afraid to organize if they areeasily replaceable.Although many melon workers have been with the samecompany for three years or more – some even upwardsof 30 years – they are denied job security. They do notsign long-term contracts but instead are hired for only ayear at a time. Most melon workers are young mothers– nearly a third are single mothers raising two or morechildren. Their inability to depend on a stable, continuousincome leaves their families in a constant precarious state.Honduran law requires justification for firing an employee,establishes severance pay, and creates social securitybenefits for employees. But by keeping contractsshort-term, companies can get around many of theserequirements by not re-hiring workers or threatening notto contract with them again. Any woman brave enoughto speak up could find herself without a job the followingseason. Pregnant women are particularly vulnerable. Itis against Honduran law to test for pregnancy as part ofthe hiring process or to fire an employee for becomingpregnant. Despite this law, one fifth of the womensurveyed were forced to take a pregnancy testbefore being hired. 17% reported having been fired forbecoming pregnant and 37% knew a coworker who hadbeen fired for pregnancy.“When we are pregnant, they fire us. For that reason,women don’t look for work when they are pregnantand if they become pregnant, they don’t say anything toanyone because they know that they will surely be fired.”~COSIBAH AGender discrimination does not end there. 12% ofthe women interviewed disclose that they have beendiscriminated against on the basis of their gender, mostcommonly through verbal abuse. 6% report beingsubjected to sexual harassment at work by a boss orco-worker. The few women brave enough to reportthis harassment to management saw no result. Thefear of being fired or not re-hired deters many womenfrom denouncing workplace discrimination. Othersare unaware of their labor rights and of what behavioris legally permissible in the workplace, and do not filecomplaints of harassment for this reason.“Thank goodness that you are interested in doingsomething for us. You will see how poorly they treat us…they are shameless.”~COSIBAHMelon companies capitalize on employees’ lack ofknowledge of their rights. The worker interviews showedthat only limited information is disclosed to workers inthe hiring process. 16% of workers were unable to namethe company that they work for and 39% did not knowthe exact length of their contract. Most women werehired with just a photocopy of their ID card and did notreceive a copy of their contract. Just over half of theworkers could name Sol and Mike’s Melons as the brandnames of their melons. This lack of knowledge suggestsa deliberate attempt by the melon companies to keepworkers in the dark.INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY6

WORKING CONDITIONSNot only are melon workers uncertain of the termsof their employment, they are unaware of their rightsas workers and as people. Only 18% of the surveyedwomen were able to identify a single labor right. Theywere equally hard pressed to identify their human rights:18% could name one or two human rights; 82% providedno answer. Without knowledge of the rights to which theyare entitled, workers will continue to be exploited.Working Conditions Illegal, Unethical,InhumaneEach day, melon workers in southern Honduras toilfor up to 14 hours, often in dangerous, unsanitary andillegal conditions. They face long hours, exposure totoxic chemicals, and an inhospitable work environment.Unable to unionize and without knowledge of appropriatelegal recourse, they continue to work in spite of thesedeplorable conditions. As a result, on-site injuries, jobrelatedhealth problems and worker exploitation occuron a regular basis.Days are long on the melon plantation. Most workersget up at 4 a.m. to begin the trek to the bus stop ormeeting point where they will catch a bus or jump in theback of the company pick-up truck to be driven up to 75kilometers to work. The workday starts around 6 a.m.and can range from 8 to 14 hours. Only 37% of workersreport leaving at the end of an 8-hour day. Most finishtheir work day around 4 or 5 p.m. and arrive home as lateas 8 or 9 p.m.“When I leave before dawn, my children are sleeping andwhen I return home, they are sleeping. I don’t know ifthey ate, if something important happened in their day…I feel totally disconnected from my family.”~Anonymous WorkerMost melon workers spend the entire day out in thefields under the hot sun, cutting fruit. Despite thephysically demanding and exhaustive nature of their work,half of all workers say that they do not receive a break,even for lunch. Less than one in five workers receive anadditional rest break in addition to lunch. Those womenwho are permitted a break of any sort are generally notprovided with adequate rest facilities. Two thirds ofthe workers report not having access to runningor potable water, a cafeteria or designated eatingarea or restroom facilities. They are forced to bringwith them enough water to support eight or more hoursof intense work in direct sunlight. They are humiliatedby having to relieve themselves in the fields withoutthe privacy of a restroom or outhouse. They are notprovided any place to rinse off or clean up.“There is no shade, even during our lunch break. Thereare no restrooms, nor water to drink or wash our hands.We must relieve ourselves out in the open.”~Anonymous WorkerWomen generally work as fruit planters, cutters, planters,cleaners or in other related capacities. The work ismonotonous, strenuous and without the propertraining, dangerous. Fruit cutters work with sharptools that require proper training and protective gear.The benefit of proper training in safe cutting practiceshardly needs be underscored. The work of planters andcleaners typically involves the use of powerful noxiouschemical fertilizers, pesticides and cleaners. Honduranlaw requires companies to establish occupational hygieneand safety committees to train and supervise employeesin the proper use of potentially dangerous equipment andactivities. While most workers report that there is sucha committee at their workplace, they express concernsabout them, saying: “They do nothing but chat withcompany officials.” Workers generally know very littleof their labor rights in the areas of occupational healthand have limited understanding of safety and hygieneregulations.When hygiene and safety committees fail, workers suffer.Few are properly trained to handle the machineryor tools that they operate, and just over half of allworkers receive any sort of protective equipmentfor their work. This means that many women spend allday cutting fruit from the vine without so much as gloves,masks, goggles or sun-protective clothing. The statisticsare telling: 40% of workers have been in an accidentcaused by damaged tools or faulty machines; 16% haveINTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY7

WORKING CONDITIONSWORKER TESTIMONY: AGUSTINA ALVAREZ MARTINEZ“I lost a finger due to the irresponsibility of the Suragro-Fyffes Melon Company.I have worked with the company for 15 years and in all that time, the companyhas never paid us the minimum wage nor afforded us the rights established bythe labor code.I suffered an accident at work on April 15, 2010. As I arrived at my place ofwork and went to get off of the truck, my hand became trapped in the bars ofthe truck bed and my right-hand middle finger was dragged away withthe truck until it broke off. At this time, we could not find an immediatesupervisor and some of my colleagues told the driver to take me to theFergusson Clinic because they give medical attention to some of the Suragroworkers.They took me to this clinic, since none of the thousands of Suragro-Fyffesworkers including myself, have a right to medical care in the Honduran Instituteof Social Security (IHSS). Once they had treated me, the head of HumanResources, Juan Carlos Rosales, told me that the obligation of the companyended here and that I should go home and once I had recuperated, Icould return to the company to see if they could give me work again.[Soon after] a friend from work directed me to the offices of COSIBAH whichshe heard about on the Radio Paz “Union Torch” radio program that speaks tothe rights of workers. She told me that they give free advice to workers and notto seek out a lawyer because they charge an arm and a leg.The following day, Rosa Estrada (of COSIBAH) accompanied me to the officesdo the Ministry of Labor. Rosa informed me that she would put my case on theCOSIBAH web page because they already had a campaign to pressure Suragro-Fyffes to provide us workers with our rights. A few days later, Rosa broughtme to an internet café and showed me a photo of my hand and read me theaccompanying announcement.To my surprise, a few days later Juan Carlos Rosales called me to inform methat the company was going to pay for my medical assistance and recuperationtime and hire me back once I had healed- but that I had to stop working withCOSIBAH because they were out to harm the company. But I did not listento Mr. Rosales because were it not for COSIBAH, he would not haveoffered me any assistance nor would he have paid for my injury leave.I am being treated at the TELETON and I am awaiting a medical opinion thatestablishes my degree of disability so that the company will compensate me forthe injury that I suffered.”INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY8

WORKING CONDITIONSNearly 70% of the women regularly work longer thaneight hours a day, 41% of them without overtimecompensation.Overtime work, both in the form of nineplushour workdays and six- or seven-day workweeks, isnot optional but expected. Melon companies capitalizeon the shortage of work and desperate condition ofthe Choluteca population to drive salaries down andwork hours up. A majority of the women surveyed donot receive compensation for working Sundays (theirsupposed day of rest) or for working holidays. Oneworker said, “They are shameless. Sometimes they don’tpay us in full, telling us that the computer messed up, thatit’s not their fault and that if we try to complain, they’llfire us and will not hire us again.”Melon companies have such a great influence overthe local government and economy that they do noteven attempt to hide their corrupt wage and overtimepractices. Between 2009 and 2011, the CholutecaMinistry of Labor inspected affiliates or branches ofall four of the major melon-export companies. Everysingle company was cited for failure to producevalid worker contracts and/or failure to payminimum wage and overtime hours. Industry leaderOKRA SUR was visited twice during this period and wascited both times for failure to reform wage violations.Suragroh, owned by transnational fruit company Fyffes,has paid a 90,000 lempiras ($4700) fine several times,but workers report that it prefers to pay these smallsums rather than reform its policies to comply with theminimum wage and other labor laws.“Representatives of the Ministry of Labor are themelon companies’ unconditional lackeys because of theeconomic power of that they possess. For that reason,there is no respect for labor laws, no recognition of socialsecurity dues, no Sunday pay, no safety and sanitation,no written contracts, no internal supervision of work, noemployee registration -- in essence, nothing.”~COSIBAH investigator German ZepedaThe dominant companies’ collective decision to ignorecitations and openly defy labor laws makes it nearlyimpossible for workers to demand fair wages. Withoutthe support of the government and with no labor unionrepresentation, melon workers have little chance forrecourse. Workers cite cases in which employees werefired for attempting to obtain their owed wages withwork vouchers. Others note occasions of apparentblacklisting, incidents of outspoken workers not beingable to find work the following season – either with theirformer employer, or with any other melon company.Unable to address these problems with their employersand with no support from authorities, workers are left ina seemingly hopeless situation.“I don’t think that this will ever change, because theowners of the plantations do whatever they want withtheir workers, and the Ministry of Labor does nothingwhen they visit -- all they do is tell us off, tell us that wemust be responsible workers.”~Anonymous WorkerChild LaborAlthough the investigation did not uncover significantcases of child labor, workers acknowledged that minorsare seen on farms in the area, without the permissionof the Ministry of Labor. The long hours and overlystrenuous conditions that workers in the fields face areespecially hard on minors. The extreme poverty of theregion makes it difficult for many of these children to stayin school, and they find themselves forced to work tosupport their families.It is true that it is technically against company policyto contract child labor. After the last harvesting season,women were notified that they would not be hired unlessthey possessed identification indicating they are of age.However, one must question the sincerity of this sort ofpolicy. COSIBAH notes that it is not uncommon for manyboys and girls to borrow documentation from adultsduring the hiring process, a practice that the companyrecognizes but turn a blind eye to. Working contractsgiven to minors are usually subject to some kind ofstipulation, for example having built up friendship or trustwith supervisors. Reports published by the Ministry ofLabor in the region confirm that melon companies arecontinuing to hire children.INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY10

CONCLUSIONS AND RECOMMENDATIONSIn interviews with 310 Honduran female melon workers and fifteen separate group meetings, COSIBAH identified laborrights violations in the areas of temporary and precarious employment, wage violations, unsafe and inhumane workingconditions, and failure to provide social security benefits.COSIBAH attributes the deplorable working conditions suffered by the workers primarily to the indifference of meloncompanies. Without stronger recourse by the Honduran government and public pressure by the international community,melon workers will not escape from their lives of exploitation and extreme poverty.The following table outlines some recommendations that COSIBAH and the ILRF believe are necessary to address theviolations mentioned above.ADDRESS ACTORS ACTIONSTemporary, Precarious Labor Melon Companies • Adopt a hiring scheme that offers long-term employmentto workers• Strictly enforce documentation requirements for jobapplicants and do not contract with children• Comply with all national standards for employment,including the prohibition of pregnancy testing• Enter into formal employment contracts with workersand ensure that all workers receive a formal appointmentletter setting out the terms of their contract• Fully disclose to employees all terms of work contractsand ensure that they understand them by reviewingcontract terms verbally in consideration of illiterateemployees and publically posting labor rights and applicableCode of Conduct informationTemporary, Precarious Labor Honduran Government • Ensure that every worker is documented in formalwritten employment contracts and that all workers receivea copy of their contract• Perform regular monitoring visits to plantations in orderto verify appropriate company documentation of employeesand include independent interviews with workers inorder to formulate an unbiased assessment of companycompliance with labor laws• Develop and implement tougher repercussions for laborviolations: incrementally increase fines for violations andintroduce serious non-monetary punishments for noncompliance,such as closing the plantationTemporary, Precarious Labor COSIBAH/Unions • Work with labor unions in other regional agriculturalsectors in order to demand that employers comply withlabor rightsINTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY12

CONCLUSIONS AND RECOMMENDATIONSADDRESS ACTORS ACTIONSTemporary, Precarious Labor Buyers • Adopt a Code of Conduct and incorporate a clauseprohibiting the use of unfair labor throughout the entiresupply chain and requiring mandatory registration of allworkers for long-term contracts when possible• Report publicly on the company’s policies for supplier/vendor selection, management, and/or termination• Publicly release the list of melon plantations• Set up an internal monitoring system and report publiclyon auditing policies, mechanisms and results. The auditingagenda shall include but not be limited to the followingtopics: precarious contracting, wages, child labor, workinghours, social security benefits, working environment andworkers’ right to organize and bargain collectively.Wage Violations Melon Companies • Incorporate a living wage clause in the Code of Conduct• Ensure that the salary and benefits, which must be atleast equal to the legal minimum wage, are clarified andguaranteed in the formal appointment letters• Work with unions and NGOs to conduct internalauditing and report publicly on the auditing results. Theauditing agenda shall include but not be limited to thefollowing topics: precarious contracting, wages, childlabor, working hours, social security benefits, workingenvironment and workers’ right to organize and bargaincollectively.Wage Violations Honduran Government • Incorporate a living wage clause into regionaland national minimum wage law and ensure that it isincorporated into employee contracts• Strictly enforce all labor requirements, including eighthour workdays and 44 hour workweeks. Ensure thatworkers are not forced to work overtime, which otherwiseis a violation of the existing forced labor prohibition.• Perform both disclosed and discrete audits to ensurethat payment schedules, including Sunday pay and bonusprograms, are set out in labor contracts and providedaccordingly, and that payments are made on timeWage Violations COSIBAH/ Unions • Work with labor unions in other regional agriculturalsectors in order to demand that employers comply withlabor rightsINTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY13

CONCLUSIONS AND RECOMMENDATIONSADDRESS ACTORS ACTIONSWage Violations Buyers • Buyers• Incorporate a living wage clause in the Code of Conduct• Ensure that payment schedules are set out in supplycontracts and that payments are made on time• Work with local NGOS to initiate and sponsor researchon the current payment system to identify the impact of fairpay on the workers’ livelihoodsUnsafe and Inhumane WorkEnvironmentUnsafe and Inhumane WorkEnvironmentUnsafe and Inhumane WorkEnvironmentMelon CompaniesHonduran GovernmentBuyers• Include regular surprise internal audits and reportpublicly on internal auditing policies, mechanism and results• Unsafe and Inhumane Work Environment• Melon Companies• Incorporate a health and safety standard in the Code ofConduct and ensure that the standard meets national laborlaw requirements, international labor standards, and meloncertification standards• Provide occupational and safety training to all workersat the beginning of their employment and ensure thatoccupational safety and hygiene committees actuallyfunction as intended• Equip all employees with the necessary protectiveequipment and safety gear• Work with unions and NGOs to conduct internalauditing and report publicly on auditing results• Ensure that all health and safety codes arecomprehensive and mandate that companies publicly postsafety requirements• Perform more thorough auditing practices includingsurprise or non-disclosed audits and ensure thatrepercussions for health and safety violations are sufficientlybold.• Protect NGOs and unions to ensure that they caneffectively represent workers rights in regards to a safeworking environment• Incorporate a health and safety standard in the Code ofConduct and ensure such standard meet the requirementsas laid down in national labor laws, international laborstandards, and melon certification standards.• Work with local NGOs to audit plantations and reportpublicly on auditing policies and results.INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY14

CONCLUSIONS AND RECOMMENDATIONSADDRESS ACTORS ACTIONSUnsafe and Inhumane WorkEnvironmentCOSIBAH/ Unions• Establish alliances with local NGOs to ensure crosssectorworker protectionSocial Security Benefits Melon Companies • Incorporate a social security standard into the Codeof Conduct and ensure that employees are provided withaccess to heath, injury, maternity leave and educationalbenefitsSocial Security Benefits Honduran Government • Ensure that companies comply with regional and nationalrequirements for the provision of social security• Perform more thorough auditing practices includingsurprise or non-disclosed audits and ensure thatrepercussions for social security provision violations aresufficiently boldSocial Security Benefits Buyers • Incorporate a health and safety standard in the Code ofConduct and ensure such standard meet the requirementsas laid down in national labor laws, international laborstandards, and melon certification standards.• Work with local NGOs to audit plantations and reportpublicly on auditing policies and results.Social Security Benefits COSIBAH/ Unions • Work with labor unions in other regional agriculturalsectors in order to demand that employers comply withlabors rightsIn summary, improving the conditions of female melon workers in southern Honduras will require the conscious effort ofmelon buyers, Choluteca government officials, local workers’ unions and melon buyers. Existing laws and standards mustbe enforced and stronger auditing and reporting mechanisms must be created in order to ensure that the women maylive healthy and dignified lives.INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY15

APPENDIX ASurvey of Women Melon Industry Workers, Southern RegionA. General Information1. First and last names of interviewed worker:________________________________ ________________2. Age:A. ____ years of age9. List three rights that you have as a worker:A. ____________________________________________________________B. ____________________________________________________________C. ________________________________________________________________ Number of rights correctly listed.3. Marital Status:A. __ SingleB. __ MarriedC. __ Common Law MarriageD. __ Single MotherE. __ Other (divorced/separated/widowed)4. How many children do you have?A. ___ Number of boysB. ___ Number of girls5. Do you know how to read and write?A. __ YesB. __ No. Skip to question 76. What was the last year of school that you completed?A. __ NoneB. __ Did not finish primary school (up to 8th grade)C. __ Finished primary schoolD. __ Did not finish secondary school (up to 12th grade)E. __ Finished secondary school7. Approximately how far away do you live from yourplace of work?________ kilometers.8. List three rights that you have as a person, and as awoman:A. _________________________________________________________________________________B. _________________________________________________________________________________C. _____________________________________________________________________________________ Number of rights correctly listed.B. Working Conditions:10. How much do you earn?__________________ Lempiras/ month11. Does the company that you work for pay you theminimum wage?A. ___ YesB. ___ No12. Do you work overtime?A. ___ YesB. ___ No13. Does the company pay for overtime worked?A. ___ YesB. ___ No14. Does the company pay extra if you workSundays?A. ___ YesB. ___ No15. Does the company pay you for holidays?A. ___ YesB. ___ No16. Does the company compensate your travel costs,or provide you with transportation?A. ___ YesB. ___ No. Skip to question 18.17. What kind of transport does the companyprovide you with?A. ___ BusB. ___ Pick-up truckC. ___ TruckD. ___ Other. Please Indicate: ____________________INTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY16

APPENDIX A18. Does the company pay you for “the thirteenthand fourteenth” (a legally-required bonus in Hondurasprovided for December and June)?A. ___ YesB. ___ No19. What time do you start work?__________ am20. What time do you leave work?__________ am/pm21. How much time do you have for lunch?__________ Minutes22. Other than lunch, do they give you any otherbreaks?A. ___ YesB. ___ No23. Within your company, if you do the same kind ofwork as a man, do they pay you equally?A. ___ YesB. ___ No24. At the end of the working season does thecompany pay you any kind of bonus or benefits?A. ___ Yes. How much? ______________ LempirasB. ___ No25. How many times have you signed a contract withthe same company?_______ times.How long are the contracts good for?_______ months26. How many days does the probationary periodlast for?A. ___ Less than 60 daysB. ___ 60 daysC. ___ More than 60 days. How many? ___________days27. Last year after the melon harvest, what did youdo for work?A. ___ Another agricultural activity. Specify which:__________________________B. ___ Employment not related to agriculture. Specify:____________________________________________________________________________________C. ___ Self-employed. Specify: _____________________________________________________________D. ___ Housework only28. How many years have you been working in themelon industry?_________ years29. Do you have social security?A. ___ YesB. ___ No30. Does the company provide you with medicalservices?A. ___ YesB. ___ No.31. What are the most common ailments suffered bywomen working in the melon industry?A. ___ Stomach related, gastro-intestinal illnessesB. ___ Cough, colds, sore throats and other respiratoryailmentsC. ___ Headaches, hearing problems, or irritation of theeyesD. ___ Carpal Tunnel (problems moving ones’ hands)E. ___ Dermatological ailments (problems with the skin)F. ___ Varicose veins and other leg problemsG. ___ Poisoned by exposure to agrochemicalsH. ___ Back pains and other muscular and bone ailmentsI. ___ Other, please explain: _______________________________________________________________32. While working with this company, have you beentreated for some kind of ailment associated with thework you do?A. ___ YesB. ___ NoINTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY17

APPENDIX A33. What work related accidents are most commonin this company?A. ___ Injuries (cuts or bruising) through use of toolsand other machinesB. ___ Injuries provoked by falling objectsC. ___ Injuries provoked by slipping or fallingD. ___ Electrical shockE. ___ Bloodshed or other due to exposure to toxicchemicalsF. ___ Other. Please Explain: _______________________________________________________________34. What kind of work do you do for this company?A. ___ Supervision of other workersB. ___ Fruit harvestC. ___ Fruit transportD. ___ Fruit selectionE. ___ Fruit packingF. Other ____________________________________35. Does the company provide you with protectiveequipment?A. ___ YesB. ___ No. Skip to question 3736. What kind of protective equipment are yougiven?A. ___ GlovesB. ___ ApronsC. ___ MasksD. ___ BootsE. ___ OverallsF. ___ Protective helmetsG. ___ BeltsH. ___ Other. Please explain: _______________________________________________________________37. Do you know what work-related sexualharassment includes? I’ll explain it to you quickly:It’s when a person (woman or man) that is a boss orsuperior gives you compliments or tells you things thatsuggest sexual desire, or directly asks for sexual favors,taking advantage of his/her authority. In other words,there is sexual harassment, when someone wants tobribe someone else by giving them work or keepingthem employed in return for sexual favors, which can bein the form of touching, kissing, or other sexual contact.Keeping in mind what I’ve explained to you, do youconsider yourself to be a victim of sexual harassment inthe workplace?A. ___ YesB. ___ No Skip to question 4138. Did you report this sexual harassment, if you doconsider yourself a victim?A. ___ YesB. ___ No39. Who did you report the harassment to?A. ___ Another official in the companyB. ___ The policeC. ___ A human rights organizationD. ___ Other. Please explain: _______________________________________________________________40. Did reporting the harassment do you any good?A. ___ Yes. Explain the repercussions: ________________________________________________________B. ___ No41. Have you been the victim of any discriminationor mistreatment as a woman at the hands of a malecoworker or boss?A. ___ Yes. Please Explain: ________________________________________________________________B. ___ No42. Did this company demand that you take apregnancy test?A. ___ YesB. ___ NoINTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY18

APPENDIX A59. Are the instructions in spanish?A. ___ YesB. ___ NoC. ___ Doesn’t know/ Didn’t answer60. Time of day when chemicals are used:_____________ am______________ pm61. Does the company have a health and safetycommission?A. ___ YesB. ___ NoC. ___ Doesn’t know/ Didn’t answer62. Do you receive training about what such a healthand safety commission should do?A. ___ YesB. ___ NoC. ___ Doesn’t know/ Didn’t answer63. Do you receive training or information about theproper use and handling of chemicals?A. ___ YesB. ___ NoC. ___ Doesn’t know/ Didn’t respond64. At any time have you or any of your coworkersbeen poisoned by the use of any chemical?A. ___ Yes, the interviewee was poisonedB. ___ Yes, interviewee knows of the case of a coworkerC. ___ NoD. ___ Doesn’t know / Didn’t Respond___________________ _____________________Name and Last Name of Interviewer___________________ _____________________Place and DateINTERNATIONAL LABOR RIGHTS FORUMWOMEN IN THE HONDURAN MELON INDUSTRY20