The street protests during the ministerial meeting of the World Trade
Organization (WTO) in Seattle in late November drew the world's attention
to the "new alliance" of labor and liberal interest groups opposed
to trade expansion and globalization.
To be sure, these groups often have laudable aims, such as protecting
workers and environment. Yet the developing countries they supposedly
want to help oppose them on almost every count.
Take, for instance, the debate over whether to condition trade expansion
upon improvements in worker rights. American labor, environmental, religious,
and other groups want the WTO to allow moves by the United States to restrict
trade with nations possessing weak labor standards. Developing countries
oppose the concept so vehemently that they don't even want the WTO to
discuss the matter.
That's not to say that all developing countries oppose stronger labor
standards. Rather, they oppose anti-globalization activists' preferred
means of raising such standards. They fear that developed nations will
use the labor-standards issue as a convenient excuse to close their markets.
And that would only worsen economic matters and workplace conditions in
developing nations.
Developing nations cannot leapfrog traditional stages of economic development
and adopt Western labor practices overnight. As was the case for Western
nations, the surest route to higher living standards for them is through
economic growth fueled partially by trade. History shows that trade sanctions
are blunt instruments that often fail to change, and that sometimes even
reinforce, the behavior of targeted nations. They should be reserved only
for extreme situations when we can do little more than express our outrage
about conditions overseas.
The United States should adopt a more subtle, multifaceted approach
to improving labor standards in developing nations. It should be organized
around the following principles: Promote economic growth and development.
This is the surest way to improve working conditions and raise standards
of living in poor, underdeveloped countries.
Set core labor standards multilaterally. The International Labor
Organization (ILO), a United Nations agency, is the proper forum for discussing,
setting, and monitoring global labor standards.
Harness market forces to promote change. Rather than demand new
trade barriers that retard economic growth and living standards, activists,
and others concerned about labor practices abroad should use the power
of consumer choice to encourage positive change. They can do so, for instance,
by boycotting firms that fail to meet core labor standards and patronizing
those that produce "socially responsible" goods and services.
Highlight chronic abusers and target enforcement actions. To
make informed decisions, policymakers and consumers need specific examples
of labor rights abuses in developing nations, not simply blanket claims
against whole countries or regions. Armed with detailed information, policymakers
and consumers can target their actions more effectively.
Provide resources and assistance to developing countries. Developed
nations must back up demands for improved labor standards and conditions
with grants and loans, technical assistance, and other forms of development
aid.
The term "labor standards" loosely refers to a range of employment
laws, rules, and practices including the right to form trade unions and
practice collective bargaining; prohibitions on child, forced, and slave
labor; and measures pertaining to wages, conditions of employment, and
the like. Players in the trade debate, however, often blur important differences
among such standards, for example those between: Core and developmental
standards. Core standards encompass certain universal rights (e.g., the
right to form unions) and liberties (e.g., freedom from coerced labor).
Developmental standards, in contrast, encompass rights (e.g., minimum
wages and overtime pay) that vary from nation to nation on the basis of
national wealth, productivity, and other factors. The imposition of a
global minimum wage, as some U.S. trade skeptics advocate, would hinder
the ability of many developing countries to provide their citizens with
any jobs, let alone safe and stable ones.
Unilaterally imposed and multilaterally agreed-upon standards. Some
U.S. trade skeptics want the United States to pressure other nations to
adopt our developmental labor standards in exchange for access to our
markets. (For example, members of the group United Students Against Sweatshops
pressure their universities to sever ties with businesses that do not
pay their employees a "dignified living wage"; that exceed a
48-hour workweek; that do not offer vacation leave or overtime pay at
a rate above the regular wage; and that fail to meet or exceed U.S. workplace
health and safety regulations.) Not surprisingly, many developing nations
flatly reject such unilateral attempts to impose American views and norms
upon them, just as Americans would reject attempts to impose the values
of the European welfare state upon the United States. Multilaterally agreed-upon
standards, on the other hand, are internationally designed and reflect
an international consensus on core labor standards and practices. The
most well-known are those adopted by the ILO in its numerous conventions.
These ILO conventions reflect the views of representatives from government,
business, and labor in 174 nations and are a more legitimate basis for
a discussion of the linkage between trade expansion and labor standards.
The use of trade sanctions to punish countries that do not adhere to
core labor standards is at the center of the U.S. debate over trade expansion
and globalization. In a recent policy manifesto, for example, the AFL-CIO
calls on the WTO to "ensure that governments at all levels can continue
to protect human and labor rights by withdrawing benefits from governments
that fail to guarantee these rights." In other words, the labor federation
wants the WTO to amend its rules so that members may raise trade barriers
against nations that do not protect labor rights.
There are several problems with this approach. Trade sanctions, and
in particular barriers to imports, impose high costs on both the United
States and targeted nations. Sanctions retard economic growth and exacerbate
poverty in exporting nations, hindering the very development they so desperately
need. Sanctions reduce choice and increase prices not only for U.S. consumers
but for U.S. businesses as well, reducing their competitiveness. Even
well-intentioned sanctions are likely to be manipulated by domestic industries
whose only interest is to hamstring foreign competitors.
A second problem with sanctions is that they rarely achieve the desired
outcome - in this case improvements in labor standards overseas. Trade
barriers only affect industries engaged in exporting. They have no impact
on non-traded sectors, and informal sectors such as subsistence agriculture,
which often have the worst cases of labor rights abuses.
There are also significant barriers to reforming WTO rules to allow
members to sanction countries accused of labor abuses. Given the current
strong opposition from developing countries, it is difficult to envisage
such a rule change ever gaining the necessary two-thirds support. Indeed,
one of the key lessons from the Seattle WTO ministerial meeting is that
developing countries are playing a more active role in international trade
policy, and they can block policies that run contrary to their interests.
Even if the WTO modified its rules and permitted the United States to
bring a case against a country with lax core labor standards, it would
be very difficult to quantify the scope of the injury and determine a
just remedy. Would the WTO allow the United States to ban all imports
from the country concerned, or just a fraction? If the United States wanted
to increase tariffs, by how much would it be authorized to do so? Finally,
the WTO dispute-settlement process only pertains to actions by one nation
against another. In cases of egregious labor rights abuses, coordinated,
multilateral action against the offending country is likely to be more
effective than action by a single state. But such coordinated action cannot
be organized through current WTO procedures.
In sum, while it may seem easy to restrict trade with a trading partner
to force it to improve its labor standards, such action is likely to be
both ineffective and counterproductive. Sanctions should, at most, be
used as a last resort. Policymakers should recognize that the main outcome
may simply be an expression of the United States' dissatisfaction with
a certain practice, not its disappearance.
Unions, interest groups, and others concerned about lax labor standards
overseas should reject trade restrictions as the primary means for achieving
their end. They should concentrate instead on promoting economic growth
in developing countries through trade, investment, and other development
policies; strengthening and targeting the ILO's work to improve adherence
to its core labor standards, particularly in conjunction with the WTO;
and developing non-government mechanisms such as partnership-based codes
of conduct and social labeling schemes.
While ILO reports provide a wealth of information about labor standards
in its member countries, they are not particularly effective tools. A
more useful approach would be a simple annual scorecard that ranks all
ILO members on the basis of their adherence to core labor standards over
time. The scorecard should be easily understandable by the layman and
accompanied by a media and marketing strategy to promote widespread attention.
Under current ILO rules, little action can be taken against a member
that violates core labor standards universally and egregiously. The ILO
should create a new legal procedure under which persistent violators of
its core labor standards can be suspended and even expelled. Actions under
the new process should be widely publicized to embarrass the affected
governments and encourage businesses to rethink their investments.
The WTO already recognizes the ILO as the relevant body to set international
labor standards. Yet little cooperation occurs in practice.
Currently, the WTO issues "trade policy reviews" for each
member nation at least once every four years. In the future, these reviews
should include a section written by the ILO describing a country's ratification
and enforcement of the ILO's core labor standards. Such reports would
shine more light on labor rights abuses by WTO members.
The ILO and WTO also should create a joint working group on trade and
labor conditions. This group should consider ways to make the ILO's and
WTO's work complementary and reinforcing, including new ways to leverage
information about workers' rights abuses and noncompliance with ILO conventions.
The group should also conduct research on trade and labor questions, such
as the impact of foreign investment on labor conditions. In line with
the European Union's proposal in Seattle, this group should explicitly
rule out setting core labor standards and promoting trade sanctions to
enforce labor standards overseas.
The WTO should recognize and promote core ILO standards, such as those
regarding products made with forced labor. Under current WTO rules, member
nations can restrict imports from other WTO members made with prison labor.
The WTO should formally state that members can also restrict imports made
with forced labor. This step would allow members to apply trade sanctions
against specific firms and industries found guilty of exploiting workers
in this way.
Lax enforcement of core labor standards is often a problem of insufficient
resources and government inability to monitor and enforce existing laws.
Simply demanding higher labor standards will not yield positive results.
Developed countries need to support their calls for tougher standards
with significant resources, both unilaterally and multilaterally. In particular,
the ILO, in conjunction with the World Bank, should increase its assistance
to developing countries to improve monitoring and enforcement of labor
laws.
Rather than restrict trade with countries with lax labor standards, the
United States should open its market more broadly to countries with good
labor rights records. For instance, it should expand on the Generalized
System of Preferences (GSP), under which developing countries that meet
certain conditions get preferential access to the U.S. market. By encouraging
trade expansion, this approach would support economic growth and development
in affected countries.
The GSP program expired in 1993. Since then, Congress has renewed it
on an annual or biannual basis, often after letting the program lapse
for several months. It is hard for developing countries to believe that
the United States is serious about promoting their economic growth (and
higher labor standards) when it annually disrupts their access to the
U.S. market. Expanding and extending the GSP program would be an important
step toward encouraging economic development in countries that respect
core labor standards.
Discussion of international trade and labor standards has been and is
likely to remain highly controversial. While it is tempting to promote
the use of trade restrictions to force countries to raise labor standards,
there is no magic bullet solution. Indeed, sanctions are likely to be
both ineffective in achieving higher labor standards overseas and counterproductive
(they may be captured by domestic interests and act to retard economic
growth).
We need a more nuanced and multifaceted approach that comes largely
from outside the traditional trade policy arena. It should have at least
three components - promotion of economic growth in developing countries
through trade, investment, and other development policies; a strengthening
and targeting of the ILO's work to improve adherence to its core standards,
particularly in conjunction with the WTO; and non-government mechanisms
such as partnership-based codes of conduct and social labeling schemes.
None of these tools will alone solve the problem of labor rights abuses.
But together they will help ensure that the benefits of the global economy
are as widely shared as possible.