CANADA/MEXICO/UNITED STATES TRADING AWAY
RIGHTS NAALC OBJECTIVES AND OBLIGATIONS
Timid Use of the NAALC by the Parties Key Facets of NAO and Labor Ministry Work on Cases Utilizing the NAALC's Potential
To Restructure the NAALC On Linking Labor Rights and Trade
Links between Labor Rights and Trade Toward Enforceable Labor Rights Protections
NAALC Objectives, Obligations, and Principles The Accord's Institutions Criticism of the NAALC's Structure
Table: Remedial Possibilities For Non-Compliance with the NAALC Failure to Define Case Processes Failure to Define the Reach of the NAALC's Obligations
NAALC Labor Rights Objectives, Principles, and Obligations
Article 2: Promoting "High Labor Standards" Article 3: Government Enforcement Action Freedom of Association and Protection of the Right to Organize Right to Bargain Collectively Right to Strike Prohibition of Forced Labor Compensation in Cases of Occupational Injuries and Illnesses Protection of Migrant Labor Elimination of Employment Discrimination Equal Pay for Women and Men Labor Protections for Children and Young Persons Minimum Employment Standards Prevention of Occupational Injuries and Illnesses Article 4: Access to Labor Tribunals Article 5: Fairness of Labor Tribunals Complaints against Mexico Complaints against the United States Article 6: Publication of Laws and Regulations Related to the NAALC Article 7: Promoting Public Awareness of National Labor Law
Joel Solomon, research director for the Americas Division of Human Rights Watch (currently on leave from the organization), wrote this report. Joanne Mariner and José Miguel Vivanco, the division's deputy director and executive director, edited it. Human Rights Watch Program Director Malcolm Smart and Senior Legal Advisor James Ross also edited the report. Human Rights Watch is grateful for the continuing support of the General Service Foundation. The foundation's generous support allowed us to undertake this report as part of a project on labor rights and trade. The author would also like to thank Lance Compa, labor rights consultant to Human Rights Watch, and Carol Pier, researcher with the Americas Division, for their comments. TERMS AND ACRONYMS
NAALC OBJECTIVES AND OBLIGATIONS
Article 1: The objectives of this Agreement are to improve working conditions and living standards in each Party's territory; promote, to the maximum extent possible, the [NAALC Labor Principles]; encourage publication and exchange of information. . . to enhance mutually beneficial understanding of the laws and institutions governing labor in each Party's territory; promote compliance with, and effective enforcement by each Party of, its labor law; and, foster transparency in the administration of labor law. (Partial list) Article 2: Affirming full respect for each Party's constitution, and recognizing the right of each Party to establish its own domestic labor standards, and to adopt or modify accordingly its labor laws and regulations, each Party shall ensure that its labor laws and regulations provide for high labor standards, consistent with high quality and productivity workplaces, and shall continue to strive to improve those standards in that light. Article 3(1)(a-g): Each Party shall promote compliance with and effectively enforce its labor law through appropriate government action, subject to Article 42 [which prohibits one party from enforcing labor law in the territory of another], such as: appointing and training inspectors; monitoring compliance and investigating suspected violations, including through on-site inspections; seeking assurances of voluntary compliance; requiring record keeping and reporting; encouraging the establishment of worker-management committees to address labor regulation of the workplace; providing or encouraging mediation, conciliation and arbitration services; or initiating, in a timely manner, proceedings to seek appropriate sanctions or remedies for violations of its labor law. Article 4(1): Each Party shall ensure that persons with a legally recognized interest under its law in a particular matter have appropriate access to administrative, quasi-judicial, judicial or labor tribunals for enforcement of the Party's labor law. Article 5(1)(a and d) and 5(4): Each Party shall ensure that its administrative, quasi-judicial, judicial and labor tribunal proceedings for the enforcement of its labor law are fair, equitable and transparent and, to this end, each Party shall provide that: such proceedings comply with due process of law; and such proceedings are not unnecessarily complicated and do not entail unreasonable charges or time limits or unwarranted delays. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter. Article 6: Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available. Article 7: Each Party shall promote public awareness of its labor law. NAALC LABOR RIGHTS PRINCIPLES
The NAALC divides its eleven labor rights norms into three tiers, with each successive level allowing for additional action by the parties to address problems with the enforcement of labor law in those eleven subject areas. At all three levels, the parties can engage in government-to-government talks and agree to programs to address the non-enforcement problems under discussion. If such a program does not lead to the resolution of the problem, and the labor rights norm falls into the second or first tier, a state party can call for the creation of an Evaluation Committee of Experts (ECE), made up of outside experts who will issue non-binding recommendations for resolution of the problem. A first-tier labor rights problem, if unresolved based on the ECE recommendations, can lead to the creation of an arbitral panel and sanctions. First (highest) tier (Evaluation Committee of Experts and arbitral panel, leading to sanctions) Labor protections for children and young persons Second tier (Can go to an Evaluation Committee of Experts) Prohibition of forced labor |