Washington Orellana, leader of the new port workers' association at Puerto Bolívar in Southern Ecuador, has been sentenced by a corrupt local judge to four months in prison.
His crime? To have been quoted in a local press article denouncing the unfair treatment by contracting companies in the port which failed to pay benefits due to workers!
Washington, with support from lawyers at FENACLE (the trade union federation leading the organising campaign in Ecuador's banana industry), lodged an appeal against the sentence at the end of November. But neither Washington nor FENACLE has the funds required to go through the necessary legal procedures.
Banana Link and our partners in the European Banana Action Network have therefore launched an appeal to raise $2,500 by Christmas. If your organisation or you as an individual can help, please send a contribution to "Banana Link" marked 'Washington Legal Fund' as soon as possible
The background
In May 2002, a delegation of British and Irish trade unionists met with Washington Orellana in Puerto Bolívar, the big banana loading port near Machala, known as the 'world's banana capital'. Washington had risked taking time off work to come and meet the delegation in the offices of small farmers' organisation UROCAL, because he had read in the press that we would be in town. He presented a grim picture of abysmal wages, exploitative employers - organising their labour requirements through multiple layers of sub-contracting firms - and a history of trade unions being corrupted by the little power they had gained. Already identified as a 'troublesome' potential leader by employers and banana companies, Washington had met secretly with colleagues the night before and had been mandated to come and find the foreign trade union delegation to inform us of the intolerable situation facing the several thousand port workers in Puerto Bolívar. That day and the following day when the delegation visited the port at his invitation he was able to make contact with FENACLE colleagues. By the end of the year a new workers' association for the workers loading bananas had been officially registered with the Ministry of Labour. Given that the three thousand or so port workers are - at least on paper - employed by dozens of employers, it is impossible at this stage to create a trade union. Ecuador's labour laws do not permit the creation of a single trade union representing multiple employers.
During 2003, the association, with support from FENACLE to which it is affiliated, has been able to secure promises of improvements from the Port Authority. Although these have not yet materialised, Washington and colleagues believed that the Head of the Authority was speaking in good faith when he said 'give me until the end of the year'. The problem is that Washington looks like spending this New Year in prison!
The latest from Ecuador.
Washington himself was sacked from the port several months ago and he and his family often have to go without food, except for when he is able to literally smuggle himself - under a different name - into the port to do a day's work.
With some initial small funds advanced by a visiting colleague from the Latin American Banana Workers' Union Coordination (COLSIBA), a FENACLE lawyer was able to travel the four hours to Machala from Guayaquíl last week to present the first batch of legal documents needed to file a formal appeal against the judge's decision. In Washington's case it is clear that, as all too often happens, judges automatically side with employers, even if they have not actually received a direct bribe concerning the case in question. Neither FENACLE nor COLSIBA is very optimistic of a positive outcome to the legal appeal, but they are determined to test the legal system one more time in the hope of justice. They feel that they owe it to their compañero, who has shown incredible bravery and strength of spirit in defence of his fellow workers in a dangerous situation.
Banafair, a German fair trade organisation, with whom Banana Link works closely through the European Banana Action Network, believes there is a chance of free legal support for taking Washington's plight as a test-case to the Inter-American Human Rights Court in Costa Rica. If we are successful in securing free legal support in Costa Rica, FENACLE will still need to construct a campaign of legal and political support for which they have no funding at present.
We are therefore appealing on behalf of Washington Orellana, his family who will need financial support if he is in jail / black listed, the port workers' association who desperately need his leadership in their struggle for decent wages and conditions, and FENACLE and COLSIBA for urgent contributions to a solidarity fund to ensure that Washington is not imprisoned, or if he is that his cause can be fought on his behalf whilst he is behind bars.
Any contribution will be gratefully appreciated and transferred as soon as possible without any administrative charges by Banana Link.
The Banana Link team, Thursday 11th December
Banana Link
38-40 Exchange Street
Norwich NR2 1AX
