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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