Protecting Bolivian Temporary Workers in Chile: A Seasonal Workers Union aims to safeguard the rights of over a Million Bolivian Agricultural Workers
In Chile, there is a significant agricultural workforce comprising around a million Bolivian migrants. The President of the Agricultural Workers Union of Chile, Alejandro Santa María, has announced efforts to establish a seasonal workers union to protect the rights of these laborers, reports La Razon.
Santa María stated that a considerable number of Bolivian citizens come to Chile during the harvest season, while others have settled in the country, forming families engaged in agriculture.
He mentioned, “Between 800,000 and one million Bolivian citizens reside in Chile, with some having established roots and families here, while others migrate from Bolivia during harvest seasons and then return home.”
According to the union’s estimates, there are approximately 2.5 to 3 million seasonal agricultural workers in Chile, of which roughly 1.3 million are foreign workers, with over 75% being Bolivians, writes La Razon.
Agricultural Workforce
Over the past 15 years, there has been a noticeable increase in the number of migrants engaged in Chile’s agriculture sector, primarily consisting of Bolivian citizens who move around the country throughout the year.
Santa María explained that companies, contractors, and others face difficulties obtaining permits to hire these seasonal workers who travel across Chile seeking job opportunities.
To address this issue, a seasonal workers union was established on July 7 this year, with the aim of ensuring better benefits, job security, and the protection of the rights of agricultural laborers who come to Chile during the harvest season, many of whom decide to stay and live in the country.
“The undocumented status exposes them to constant abuse, enabling exploitation by unscrupulous individuals. The high number of seasonal workers during certain times negatively impacts labor and job availability,” said Santa María.
Employment
The union representative emphasized the high demand for Bolivian labor in Chile’s agriculture sector, not only for their expertise in working with the land and nature but also for their strong work ethic.
Efforts are underway to collaborate with government agencies to formalize the union and register migrants to enable them to access temporary work permits.
As of October 2, more than 1,000 workers have already been registered. Additionally, work is progressing to develop software for nationwide registration of temporary workers seeking employment in Chile.
Union Aims for Social Progress
The Agricultural Workers Union of Chile is dedicated to improving the social conditions of seasonal workers in various regions of the country. Many of these workers face labor rights violations due to their undocumented status.
Santa María stated, “Because they are not entirely legal, there are problems. Therefore, the union’s mission is to rectify labor and insurance issues.”
He pointed out that most Bolivian migrant laborers lack working rights, such as access to health insurance in case of work-related accidents, with some contractors bearing the costs.
The union is actively working with the relevant authorities to formalize the organization and ensure that the legally established rights of migrants are upheld.
The Challenges of Organizing a Mobile Workforce
In an interview with La Razón Radio Santa María highlights that the seasonal workforce in Chile has historically lacked a properly structured, functional union for several reasons, most notably, the high mobility of the migrants across regions due to the agricultural cycles. Workers frequently migrate from one region to another, making it challenging to organize and engage them effectively.
“The union is for agricultural workers. We are temporary laborers. And the seasonal community in Chile has never had a serious union, above all, because of the high rotation of work we carry out between regions. We are true migrants. The harvest ends in the third region and we emigrate to the fifth region. We finish our work in the fifth region and emigrate to the ninth. So, when you want to organize temporary workers in one sector, those people have already rotated to another region,” said Santa María.
Over the past 15 years, there has been a substantial influx of foreign labor, predominantly comprising Bolivian citizens. Santa María cites estimates that the seasonal workforce consists of approximately 2.53 million laborers, with foreign agricultural workers comprising around 1.3 million of that total. Among them, Bolivian citizens number between 800,000 and 1 million, with a portion residing in Chile year-round, having established roots and families, while another segment migrates from Bolivia during the harvest seasons, returning to their home country afterward.
The decision to establish the union was driven by the introduction of Law 21,325, which aimed to regulate and manage immigration and border control in response to increased migration and rising concerns about security. However, this law inadvertently affected the substantial foreign labor force upon which many agricultural producers, ranging from large to small-scale operations, depended.
“The idea of creating a union was born because Law 21,325 appeared, which is a readjustment, in a certain way, to control migration, to control the borders, to control the immigration status in the country for a large number of foreigners who came recently when the systems collapsed, and the rates of violence and crime also increased in an enormous way. In Chile, we weren’t used to seeing that. Then citizens began to ask for laws, protocols and to demand that things begin to be corrected. But the problem was that the changes failed to consider that we have a large number of agricultural producers, medium producers and small producers, who are clearly dependent on foreign labor,” stated Santa María.
Legal Ambiguities Create Problems
One notable challenge stemmed from a permit bottleneck, typically occurring around February, leaving foreign citizens with only provisional RUT identification, effectively limiting their ability to work legally. This legal ambiguity created opportunities for exploitation and abuse of foreign workers and, due to the sheer volume of seasonal laborers, resulted in an oversupply of labor and a shortage of available jobs.
The Union Improves Work Flow Coordination
This situation adversely affected both the local foreign and Chilean populations. With the formation of the union on July 7, cooperation was achieved among various stakeholders, including the contracting companies, which numbered between 25,000 and 30,000, as well as transportation companies operating within the sector.
In total, there are approximately 1 million stable agricultural workers, with an additional million who rotate in and out of the workforce. During peak harvest seasons, between November and March, the workforce swells by an additional 500,000 to 1 million seasonal laborers.
This cumulative workforce amounts to around 3 million seasonal laborers, who currently face challenges obtaining work permits. Consequently, the union aims to address this issue and ensure smoother labor flows.
A Protocol for Temporary Workers
The union is focused on creating a protocol for temporary workers. The seasonal labor force operates in a unique environment, often removed from conventional legal systems.
“There is an unnecessary break in the flow with the blocking of permits, because we have the available labor and we have the producers who have the source of labor and who need the workers. But it turns out that the law is flawed. It hasn’t been able to protocolize temporary workers.
The seasonal worker is from a culture you could say is like a gypsy culture, half-distant from the laws. We live in a parallel world, where we work, work, work, work, work and the union is formed to be able to distinguish our foreign colleagues who are temporary workers and empower the system to opt for the necessary improvements so that they can work legally. Therefore, the union also seeks to educate, seeks to protect the foreign citizen,” explained Santa María.
Primarily, the workforce is devoted to managing agricultural exports, with a particular focus on plantation care, pest control, and the harvesting of various crops like cherries, potatoes, strawberries, apples, and pears. Additionally, they play a vital role in the packaging process. The operations span across the diverse regions of Chile, encompassing the entire country from north to south.
In essence, Bolivian workers have played a pivotal role in the agricultural sector. They demonstrate a strong affinity for agriculture and possess a profound respect for the land and nature, details Santa María.
“Being a seasonal laborer comes with its sacrifices. While there may be job stability for six months, the winter season can be challenging due to factors like rainfall and cold temperatures. Adverse weather conditions can disrupt work. Therefore, we are actively exploring ways, through the labor union, to safeguard the rights of our foreign workforce and ensure they can work under better conditions, promoting their well-being and freedom in their employment,” said the union leader.
Many of the newly arrived Bolivian citizens are unfortunate victims of exploitation. They receive only half of their deserved daily wages and are deceived into purchasing fake temporary RUCs at exorbitant prices. These individuals face various forms of victimization, but the arrival of the union has begun to restore order gradually.
“The union is currently focused on the initial stages of registration and formalization, and we need to establish the necessary organizational structure, statutes, and corporate grounds. To achieve this, we must assemble a national-level leadership team.
We have received authorization in the 6th Region to commence our efforts, and once we’ve finalized the templates there, the government has pledged to expedite the formation of a task force. Consequently, we expect to have significant developments this week as we work towards resolving the issue.
Furthermore, the entire business community, represented by approximately 300,000 producers within the farmers’ federations and 570 exporters in the Association of Exporters, is willing and eager to contribute to a solution. Essentially, all the elements are in place; we merely require a decree to move forward,” declared Santa María.
The union leader indicated that the important matter involves the coordination of at least five government ministries.
Soledad Quartucci | CEO/Founder, Latina Republic
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