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MONITORING INTERNATIONAL
LABOR STANDARDS
NATIONAL LEGAL FRAMEWORKS
Summary of a Workshop
Crispin Rigby, Editor
Division of Behavioral and Social Sciences and Education
Policy and Global Affairs Division
NATIONAL RESEARCH COUNCIL
THE NATIONAL ACADEMIES
THE NATIONAL ACADEMIES PRESS
Washington, DC
www.nap.edu
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THE NATIONAL ACADEMIES PRESS · 500 Fifth Street, NW · Washington, DC 20001
NOTICE: The project that is the subject of this report was approved by the Governing
Board of the National Research Council, whose members are drawn from the councils
of the National Academy of Sciences, the National Academy of Engineering, and the
Institute of Medicine. The members of the committee responsible for the report were
chosen for their special competences and with regard for appropriate balance.
This study was supported by Contract No. DOL-4653 between the National Academy
of Sciences and the U.S. Department of Labor. Any opinions, findings, conclusions, or
recommendations expressed in this publication are those of the author and do not
necessarily reflect the views of the U.S. Department of Labor.
International Standard Book Number 0-309-08942-5 (book)
International Standard Book Number 0-309-51708-7 (PDF)
Additional copies of this report are available from the National Academies Press, 500
Fifth Street, N.W., Lockbox 285, Washington, DC 20055; (800) 624-6242 or (202)
334-3313 (in the Washington metropolitan area); Internet, http://www.nap.edu
Printed in the United States of America.
Copyright 2003 by the National Academy of Sciences. All rights reserved.
Cover photo credits: The four cover photos are courtesy of the International Labour
Organization, with individual credit as follows: upper left corner, P. DeLoche; upper
right corner, A. Khemka; the two remaining photos left mid-page and bottom left, ).
Maillard.
Suggested citation: National Research Council. (2003~. Monitoring International La-
bor Standards: National Legal Frameworks, Summary of a Workshop. Crispin Rigby,
editor. Division of Behavioral and Social Sciences and Education and Policy and Glo-
bal Affairs Division. Washington, DC: The National Academies Press.
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THE NATIONAL ACADEMIES
Advisers to the Nation on Stienre, Engineering, and Medicine
The National Academy of Sciences is a private, nonprofit, self-perpetuating society of
distinguished scholars engaged in scientific and engineering research, dedicated to the
furtherance of science and technology and to their use for the general welfare. Upon the
authority of the charter granted to it by the Congress in 1863, the Academy has a
mandate that requires it to advise the federal government on scientific and technical
matters. Dr. Bruce M. Alberts is president of the National Academy of Sciences.
The National Academy of Engineering was established in 1964, under the charter of
the National Academy of Sciences, as a parallel organization of outstanding engineers.
It is autonomous in its administration and in the selection of its members, sharing with
the National Academy of Sciences the responsibility for advising the federal govern-
ment. The National Academy of Engineering also sponsors engineering programs aimed
at meeting national needs, encourages education and research, and recognizes the supe-
rior achievements of engineers. Dr. Wm. A. Wulf is president of the National Academy
of Engineering.
The Institute of Medicine was established in 1970 by the National Academy of Sci-
ences to secure the services of eminent members of appropriate professions in the ex-
amination of policy matters pertaining to the health of the public. The Institute acts
under the responsibility given tO the National Academy of Sciences by its congressional
charter to be an adviser to the federal government and, upon its own initiative, to
identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is
president of the Institute of Medicine.
The National Research Council was organized by the National Academy of Sciences
in 1916 to associate the broad community of science and technology with the Academy's
purposes of furthering knowledge and advising the federal government. Functioning in
accordance with general policies determined by the Academy, the Council has become
the principal operating agency of both the National Academy of Sciences and the Na-
tional Academy of Engineering in providing services to the government, the public, and
the scientific and engineering communities. The Council is administered jointly by
both Academies and the Institute of Medicine. Dr. Bruce M. Alberts and Dr. Wm. A.
Wulf are chair and vice chair, respectively, of the National Research Council
www. nationa l-academies.org
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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, Verite, Maiden, 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.
v
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Contents
List of Acronyms
1 Introduction
2
International Labor Standards in the National Context:
Legal Frameworks and Monitoring
.
1
4
3 Implementing International Standards at the National Level 17
4 Methods of Assessing National Laws and Enforcement
Mechanisms
5
U.S. Government Approaches to Assessing National
Protection of International Labor Rights
Appendixes
A Workshop Agenda
B Workshop Speaker Biosketches
C Audience List
D The Committee on Monitoring International Labor
Standards and NRC Staff
. .
v''
30
40
51
55
61
65
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LiSt of Acronyms
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
European Union
GSP
HR
HRM
ICFTU
ICSE
ILAB
ILO
ILS
Generalized System of Preferences
Human Resources
Human Resources Management
International Confederation of Free Trade Unions
International Classification of Status in Employment
Bureau of International Labor Affairs
International Labour Organization
international labor standards
Six
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x
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
LIST OF A CRONYMS
