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View Full Version : More than a trucking issue



NewsWhore
07-09-2008, 03:10 PM
The conflict between members of the SACTPA union and Chevron Caribbean (Texaco) could mean a step forward or another step backwards in doing business in the DR. More than the profitability of the truckers and Chevron-Texaco is at stake. For the first time, a private company has decided to go all the way and fight the transport unions' monopolistic stance, citing clauses in the DR-CAFTA free trade agreement that guarantee them the right to choose their transporters. The truckers don't agree and are trying to win again by imposing a blockade on the supply of fuel from the Dominican Petroleum Refinery to around 170 Texaco gas stations nationwide since 9 June. The blockade on the entrance and free transit of vehicles from Chevron Caribbean to the Refinery was lifted on 24 June when the executives of Chevron visited, but was reinstated on 2 July, after Chevron decided to maintain the cancellation of five contracts covering 25 fuel transporters. The transporters did make a concession after a meeting with Vice President Rafael Alburquerque at the Presidential Palace, and agreed to distribute aviation fuel, so as not to affect tourism and air cargo operations.
Business groups have lined up behind Chevron-Texaco. For years now, business groups have been fighting the Fenatrado truckers' union's claims to a "right" to 50% of all cargo out of national ports, to the detriment of companies that would like to choose their own transporters. The right has traditionally been established by forceful and vandalistic actions on the part of the transporters, with the authorities not wanting to very much get involved.
Business groups issued a statement where they appeal for respect for the rights established under free trade and guarantees for doing business in a country where the laws must be respected. "It is contradictory that while there is talk of globalization and competitiveness, and our trade frontiers are opened, the business sector is confronted with an act of force by subjects that defend personal interests beyond all legality, and act against the operations of small and medium-sized companies, commercial guarantees, the development of tourism and the bilateral trade agreements," states the note. The business groups' position is that the conflict is a commercial one, between private companies, and any difference should be resolved within the legal framework of the Dominican Republic."
The statement is signed by the Dominican Republic Association of Industries (AIRD), the National Association of Young Entrepreneurs (ANJE), the Association of Shippers of the DR (ANRD), the Association of Industries of Herrera (AEIH), the Association of Dominican Free Zones (ADOZONA), the Dominican Association of Exporters (Adoexpo) and the Dominican Agribusiness Board (JAD).
In a separate release, the American Chamber of Commerce called the blockade "a blunt infringement of the legal security and the state of law that should prevail as fundamental warranties in the Dominican Republic. The right to freely select the services that one wishes to contract is a fundamental right protected by the Constitution of the DR and one of the sovereign commitments contracted by the country under the DR-CAFTA agreement. The same happens with the right to commerce and the right to free enterprise," states AmCham.
AmCham's position coincides with that of its fellow business groups: "Under no circumstances should any group be allowed to take justice into its own hands, an action that constitutes a direct threat to the country's rule of law. In a state of law, the appropriate arena to resolve contractual and work conflicts is in court, which is why we urge the authorities to adopt the necessary measures in the framework of the law to correct this blatant disruption to public order."

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