Tài liệu NATIONAL LEGAL FRAMEWORKS MONITORING INTERNATIONAL LABOR STANDARDS pdf

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v
Acknowledgments
This workshop summary has been reviewed in draft form by individu-
als chosen for their diverse perspectives and technical expertise, in accor-
dance with procedures approved by the Report Review Committee of the
National Research Council. The purpose of this independent review is to
provide candid and critical comments that will assist the institution in mak-
ing its published report as sound as possible and to ensure that the report
meets institutional standards for objectivity, evidence, and responsiveness
to the charge. The review comments and draft manuscript remain confi-
dential to protect the integrity of the process.
We thank the following individuals for their review of this report: Eric
R. Biel, Fontheim International, LLC, Washington, DC; Terry
Collingsworth, International Labor Rights Fund, Washington, DC; Lance
Compa, School of Industrial and Labor Relations, Cornell University,
Ithaca, NY; Erin Klett, Verité, Malden, MA; and David Roe, Lawyers Com-
mittee for Human Rights, Oakland, CA.
Although the reviewers listed above provided many constructive com-
ments and suggestions, they were not asked to endorse the content of the
report nor did they see the final draft of the report before its release. The
review of this report was overseen by Milton Goldberg, Education Com-
mission of the States, Washington, DC. Appointed by the National Re-
search Council, he was responsible for making certain that an independent
examination of this report was carried out in accordance with institutional
procedures and that all review comments were carefully considered. Re-
sponsibility for the final version of this report rests entirely with the author
and the institution.

vii
Contents
List of Acronyms ix
1 Introduction 1
2 International Labor Standards in the National Context:
Legal Frameworks and Monitoring 4
3 Implementing International Standards at the National Level 17
4 Methods of Assessing National Laws and Enforcement
Mechanisms 30
5 U.S. Government Approaches to Assessing National
Protection of International Labor Rights 40
Appendixes
A Workshop Agenda 51
B Workshop Speaker Biosketches 55
C Audience List 61
D The Committee on Monitoring International Labor
Standards and NRC Staff 65

AFL-CIO American Federation of Labor and Congress of Industrial
Organizations
AGOA African Growth and Opportunity Act
CEACR Committee of Experts on the Application of Conventions
and Recommendations
CMILS Committee on Monitoring International Labor Standards
DOL U.S. Department of Labor
EU European Union
GSP Generalized System of Preferences
HR Human Resources
HRM Human Resources Management
ICFTU International Confederation of Free Trade Unions
ICSE International Classification of Status in Employment
ILAB Bureau of International Labor Affairs
ILO International Labour Organization
ILS international labor standards
List of Acronyms
ix
x LIST OF ACRONYMS
LMC labor–management council
MFA Multi-Fiber Agreement
NAFTA North American Free Trade Agreement
NAS National Academy of Sciences
NLRC National Labor Relations Commission
NRC National Research Council
OPIC Overseas Private Investment Corporation
PAC Project Advisory Committee
SOLAIR Center for Labor Justice (Philippines)
TPSC Trade Policy Staff Committee
UAW United Auto Workers
UN United Nations
UP University of the Philippines
USTR U.S. Trade Representative
WTO World Trade Organization
1
1
Introduction
Over the past half-century, the international flow of goods, services,
and capital has grown rapidly. Globalization creates new economic, cul-
tural, and social opportunities but also poses the challenge of ensuring that
workers throughout the world share in these opportunities. Responding to
this challenge, the U.S. government carries out a variety of policies and
programs aimed at encouraging greater recognition of workers’ rights
around the globe.
1
The U.S. Department of State monitors workers’ rights
abroad and reports on the status of those rights as part of its annual report
to Congress in the Country Reports on Human Rights Practices. Building on
this history of monitoring and encouraging workers’ rights around the
world, the Trade Act of 2002 includes on the list of overall trade negotiating
objectives of the United States “promote respect for worker rights.”
2
1
For example, U.S. laws governing the Generalized System of Preferences (GSP) and
the Overseas Private Investment Corporation (OPIC) include provisions promoting workers’
rights. The GSP program is designed to boost the economies of some of the least developed
nations by providing preferential, duty-free entry for more than 4,650 products from ap-
proximately 140 designated countries and territories. OPIC, a government agency, issues
political risk insurance and loans to help U.S. businesses invest and compete in emerging
markets and developing nations. By law, countries or companies that fail to provide workers
with internationally recognized workers’ rights may be ineligible for GSP and/or OPIC ben-
efits. More information on the GSP and OPIC programs can be found at www.ustr.gov/gsp/
general.shtml and www.opic.gov.
2
H.R. 3009, the Trade Act of 2002, Subtitle B, Section 2102.
2 NATIONAL LEGAL FRAMEWORKS
Carrying out this commitment to workers’ rights requires an under-
standing of labor conditions and country-level compliance with interna-
tional labor standards. The U.S. Department of Labor (DOL) has con-
tracted with the National Research Council (NRC) of the National
Academies to enhance its understanding of these issues.
THE NATIONAL ACADEMIES PROJECT
The NRC has convened the Committee on Monitoring International
Labor Standards (CMILS) to provide expert, science-based advice on moni-
toring compliance with international labor standards. The committee has
undertaken a two-year project with multiple intersecting activities that will
• identify relevant, valid, reliable, and useful sources of country-level
data on labor standards and incorporate them into a database tailored to
the current and anticipated needs of DOL’s Bureau of International Labor
Affairs (ILAB);
• assess the quality of existing and potential data and indicators that
can be used to systematically monitor labor practices and the effectiveness
of enforcement in order to determine compliance with national labor legis-
lation and international standards;
• identify innovative measures to determine compliance with inter-
national labor standards on a country-by-country basis and to measure
progress on improved labor legislation and enforcement;
• explore the relationship between labor standards compliance and
national policies relating to human capital issues; and
• recommend sustainable reporting procedures to monitor countries’
progress toward implementation of international labor standards.
The substantive scope of the CMILS’s study includes national compli-
ance with the international standards identified in the 1998 Declaration on
Fundamental Principles and Rights at Work of the International Labour
Organization (ILO), which are
1. freedom of association and the effective recognition of the right to
collective bargaining;
2. the elimination of all forms of forced or compulsory labor;
3. the effective abolition of child labor; and
4. the elimination of discrimination in respect of employment and
occupation.
INTRODUCTION 3
Additionally, the committee will examine issues related to “acceptable con-
ditions of work,” as defined in U.S. trade law, including minimum wages,
hours of work, and occupational safety and health.
Workshop on National Legal Frameworks and
Enforcement Mechanisms
The committee is charged with assembling information on country
compliance with international labor standards and organizing these data
into an easily accessible, web-based format for use by the DOL. As one
step in this process, the committee held a workshop in November 2002 to
discuss national legal frameworks and the challenges of measuring the ex-
tent to which international standards have been incorporated into national
laws and practices. The goal of this workshop summary is to communicate
the key ideas and themes that emerged from the workshop presentations
and discussions.
Participants in the workshop were selected on the basis of their exper-
tise in international, comparative, and domestic law, as well as their practi-
cal experiences with monitoring and assessment programs of international
institutions and the U.S. government. Several presenters prepared papers
for the workshop, which are available at the project website, www.nas.edu/
internationallabor.
Although members of the CMILS identified speakers and developed
the agenda of the workshop, they did not participate in writing this sum-
mary. This summary does not contain any deliberations, conclusions, or
recommendations of the committee but presents the content of each
participant’s presentation.