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.
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.
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 |