Monitoring International Labor Standards National Legal Frameworks: Summary of a Workshop (2003) / Chapter Skim
Currently Skimming:
5. U.S. Government Approaches to Assessing National Protection of International Labor Rights
5. U.S. Government Approaches to Assessing National Protection of International Labor Rights
Pages 40-50
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 40... ...
Although the implementing legislation for these programs may have slightly different wording in the clauses linking labor rights to these preferences, the "classic one," from the Generalized System of Preferences (GSP) is that the president of the United States shall not designate a country as a beneficiary if "such country has not taken or is not taking steps to afford internationally recognized worker rights to workers in that country.'']
|
From page 41... ...
government agencies, including the Departments of State, Labor, Commerce, Justice, and Customs; the Trade Representative; Office of Management and Budget; National Security Council; and the Council of Economic Advisors. The GSP subcommittee meets when trade legislation is reauthorized and in response to a petition process.
|
From page 42... ...
4Each American embassy has either a labor attache or labor reporting officer, who is generally responsible for drafting the workers' rights section of the State Department Country Reports on Human Rights Practices.
|
From page 43... ...
Department of State Mr. White opened his presentation by saying that although government policies are guided and often shift from one administration to another, labor policy has been quite consistent over the past decade as the North American Free Trade Agreement (NAFTA)
|
From page 44... ...
The rest of the embassies have labor reporting officers, "some of whom know very little about labor issues." Mr. White pointed out that the labor reporting officers often require additional training and briefing materials to fulfill their obligations in this area, primarily the drafting of the workers' rights section of the Country Report on Human Rights Practices.
|
From page 45... ...
"When the ILO goes into factories and inspects, what it finds, at least in the formal sector, is not forced labor, is not gender discrimination, is not race discrimination it's a failure to pay wages properly, it's a failure to allow people to have voluntary overtime, it's a requirement for overtime hours that go beyond what's permitted by law." Therefore, although Ms. Polaski supports the incorporation of the rights considered under the ILO Declaration, she said that the standards found in U.S.
|
From page 46... ...
Polaski said, the United States frequently asks potential program beneficiaries to request technical assistance from the ILO. For example, the considerable assistance that the ILO provided to Cambodia and Guatemala in revising their labor laws coincided with "active involvement by the U.S.
|
From page 47... ...
And to the extent that the United States can borrow from multilateral organizations like the ILO and write neutral dispute settlement panels into its agreements, I think all of those steps that help to bring that kind of consistency will strengthen the program and will produce better results in terms of raising labor standards around the world." DISCUSSION The discussion period allowed the presenters to elaborate on their views on the current challenges facing the U.S. assessment process and how this process might be improved.
|
From page 48... ...
Clatanoff said it was "ridiculous" that the training offered to labor reporting officers only lasts three weeks and added that he often hears that labor "gets downgraded at embassies because the Ambassador, the Ldeputy chief of mission] , the economic counselor doesn't think they do anything for them, they don't get value added out of a labor officer.'' However, in his view, that is because "most labor officers don't know what the hell a labor officer is or should do." Additionally, at smaller embassies, labor officers
|
From page 49... ...
Clatanoff added that according to the instructions from Congress in the Trade Act of 2002, it is quite clear that the United States should ensure that countries incorporate international labor standards into their laws and that they do not fail to enforce these laws. "And the intriguing part, the difficult part when it really gets down to negotiating the clause in a trade agreement with most of our trading partners, is the provision that all principal negotiations of a trade agreement should be treated equally, equipped with equivalent remedies and equal access to dispute settlement, etc.
|
From page 50... ...
50 NATIONAL LEGAL FRAMEWORKS information, I want their monitoring, but keep them at arm's length from that economic position." Similarly, Ms. Polaski advised the National Acad· ~ · r · · · r · · r 1 1 emles committee to focus on organizing 1ntormatlon in a useful way, ratner than making "a judgment about whether benefits will flow from that or not."
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.