Forum: The Human Rights Council The question of labor rights and working conditions Student Officer: Dong Ha (Susan) Position: Deputy President

Transcription

1 Forum: The Human Rights Council Issue: The question of labor rights and working conditions Student Officer: Dong Ha (Susan) Position: Deputy President Introduction Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe working conditions. One of the most central of these rights is the right to unionize. Unions take advantage of collective bargaining and industrial action to increase their members' wages and otherwise change their working situation. Labor rights can also take in the form of worker's control and worker's self-management in which workers have a democratic voice in decision and policy making. Actions have been taken around the world; organizations supporting the issue are growing larger, especially in the United State and other developed countries. But although the existence of Labor Rights is universally recognized, a lot of countries, mainly countries with numerous garment factories and sweatshops such as the Middle East region (Egypt, Iran) and Asia (Pakistan, Bangladesh, China, India) as well as many other places on the globe, do not seem to have any attempt of implementing these acts. Many workers are still suffering from wages that are insufficient to live on; be deprived of the payment of wages or benefits to which they are entitled; be subject to coercion, discrimination, indignity or unwarranted danger in the workplace; or be required to work so many hours that he or she is effectively denied a personal or civic life. Definition of Key Terms Labor Rights Labor rights are entitlements that relate specifically to the role of being a worker. Some of these rights are exercised individually and others collectively. They can include a right to work in a job freely chosen, a right to fair working conditions, which may encompass issues as diverse as a just wage or protection of privacy; a right to be protected from arbitrary and unjustified dismissal; a right to belong to and be represented by a trade union; a right to strike. These rights may be based on different foundations, such as freedom, dignity or capability. Labor Unions / Trade Unions Labor unions are legally recognized as representatives of workers in many industries in the United States. Their activities nowadays centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Research Report Page 1 of 12

2 Sweatshop Sweatshop is a negatively connoted term for any working environment considered to be unacceptably difficult or dangerous. Sweatshop workers often work long hours for low pay, regardless of laws mandating overtime pay or a minimum wage. Minimum Wage A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labor. Although minimum wage laws are in effect in many jurisdictions, differences of opinion exist about the benefits and drawbacks of a minimum wage. History Nevertheless, all of the striking and boycotting movements from workers that have been happening lately throughout the globe basically carry the same intention, to bring the labor rights privileges to them, to have the rights goes into action. One way or another, like stated in the introduction, they still suffer from the minimal wage; be deprived of over loaded working hours; be subject to coercion, and discrimination, furthermore wake up every day seeing their life hung by a threat in unsafe working factories and sweatshops. One of the countries that have the highest development upon the workers rights is the United State of America. The origins of the labor movement lay in the formative years of the American nation, when a free wage-labor market emerged in the artisan trades late in the colonial period. The earliest recorded strike occurred in 1768 when New York journeymen tailors protested a wage reduction. The formation of the Federal Society of Journeymen Cordwainers (shoemakers) in Philadelphia in 1794 marks the beginning of sustained trade union organization among American workers. From that time on, local craft unions proliferated in the cities, publishing lists of "prices" for their work, defending their trades against diluted and cheap labor, and, increasingly, demanding a shorter workday. Research Report Page 2 of 12

3 Caption #1: Crowd gathered outside old City Hall during the Winnipeg General Strike, June 21, 1919 The international labor rights uprising is also evidence in the French Revolution or the intense Winnipeg General Strike in Canada in the year 1919, as well as the current events of child and women labors violations in Bangladesh and Egypt. Generally, during the all these striking, workers and business owners were feuding over working conditions. They fought to find common ground on which both could agree. The government gained the upper hand in controlling union activities. The strikers called for reform within the workplace for both conditions and wages, but their violent actions spoke louder than their words. Throughout the strikes, the public approved of the government's strong hold. Key Issues Limiting hours in the work place As of July 24, 2009, the federal minimum wage for most covered employees is $7.25 per hour. Some exceptions include student workers and certain disabled workers, who may be paid at a lower rate. The minimum wage for young workers under the age of 20 is $4.25 per hour during their first 90 days of employment only. Violating workers working hours by forcing them to work more than 35 hours a week without compensation not only affect them economically but physically and mentally. An example was in 2012, in the Next Collections factory in Bangladesh, despite the fact that a female worker was pregnant, exhausted and sick, management at the Next Collections factory still forced the 20 years old Morium Begum to work over 100 hours a week. Not only forcing her to overwork but they also illegally terminated Research Report Page 3 of 12

4 her, denying her maternity benefits, earned vacation and severance pay. It resulted she lost her baby in her seventh month of pregnancy and was a loss she could never forget. Child Labor This is another concerning aspect of labor rights that delegates should not overlook in their research. First of all, labor rights advocates have also worked to combat child labor. They see child labor as exploitative, cruel, and often economically damaging International Labor Organization (ILO) suggests poverty is the greatest single cause behind child labor. Income from working children, even if small, may be between 25 to 40% of these household incomes. Lack of meaningful alternatives, such as affordable schools and quality education, according to ILO, is another major factor driving children to harmful labor. Children work because they have nothing better to do. Many communities, particularly rural areas where between 60-70% of child labor is prevalent, do not possess adequate school facilities. Even when schools are sometimes available, they are too far away, difficult to reach, unaffordable or the quality of education is so poor that parents wonder if going to school is really worth it. In developing countries, with high poverty and poor schooling opportunities, child labor is still prevalent. In 2010, sub-saharan Africa had the highest incidence rates of child labor; with several African nations witnessing over 50 percent of children aged 5 14 working. Worldwide agriculture is the largest employer of child labor. Vast majority of child labor is found in rural settings and informal urban economy; children are predominantly employed by their parents, rather than factories. Poverty and lack of schools are considered as the primary cause of child labor. There are an estimated 12 million child workers in Pakistan, many enduring unsafe or harsh conditions. Human rights groups in Pakistan say the country's labor laws ignore the abuse of children who, from a young age, are working on the streets or in the homes of middle-class families. Aside from Pakistan, in December 2009, campaigners in the UK called on two leading high street retailers to stop selling clothes made with cotton which may have been picked by children. Anti-Slavery International and the Environmental Justice Foundation (EJF) accused H&M and Zara of using cotton suppliers in Bangladesh. It is also suspected that many of their raw materials originates from Uzbekistan, where children aged 10 are forced to work in the fields. The activists were calling to ban the use of Uzbek cotton and implement a "track and trace" systems to guarantee an ethical responsible source of the material. Child labor not only negatively affects a child s health, but it also negatively impacts his/her ability to receive schooling and perform academically. Common sense if children are forced by their families to work, they no longer have the time to attend school. Though there are a significant number of children who go to school and work, the work may negatively impact their studies. Data from 12 Latin American countries find that third and fourth graders who attend school and never conduct market or domestic work perform 28% better on mathematics tests and 19% better on language tests than children who both attend school and work.(20) Child labor is also problematic because it creates a vicious cycle. A study conducted in Egypt found that many fathers couldn t find work or were unemployed for health reasons that were a result of them having worked too long hours, in conditions that negatively impacted their Research Report Page 4 of 12

5 health as children. For example, one man had worked in pottery factories since childhood and was blinded as a result. Thus, one of his sons was then forced at the age of 8 to provide for the family and engage in full-time work. Minimum Wage Illegal Immigrants Illegal immigrants cannot complain to the authorities about underpayment and mistreatment as they would be deported; and their willingness to work for low rates may depress rates of pay for others. Similarly, legal migrant workers are sometimes abused. For instance, migrants have faced a number of alleged abuses in the United Arab Emirates (including Dubai). Human Rights Watch lists several problems including "nonpayment of wages extended working hours without overtime compensation, unsafe working environments resulting in death and injury, squalid living conditions in labor camps, and withholding of passports and travel documents by employers." Despite laws against the practice, employers confiscate migrant workers' passports. Without their passports, workers cannot switch jobs or return home. These workers have little recourse for labor abuses, but conditions have been improving. The right to equal treatment Regardless of gender, origin and appearance, religion, sexual orientation, the right to equal treatment is also seen by many as a worker's right. Discrimination in the work place is illegal in many countries, but some see the wage gap between genders and other groups as a persistent problem. Working conditions The globalization of the economy has caused many manufacturing industries to move to developing countries, where wages are far lower than for comparable work performed in developed countries. But sweatshops and other labor problems are still being found in developed countries - including the U.S. - and factories with good conditions in the U.S. and Canada, as well as in other countries, are shutting down. By making competition contingent on labor costs, companies are forcing everyone into a "race to the bottom"; in order to maintain jobs in manufacturing, workers must compete to see who will accept the lowest wages and the worst working conditions. Sweatshop One of the difficulties in fighting sweatshops is the fact that corporations are not required to disclose the locations of their factory locations around the world. Even when the factory locations are known, there are a multitude of obstacles to ensuring that companies are employing fair labor practices. While many companies claim to have eliminating sweatshop conditions by instituting their own codes of conduct, exploitative labor practices continue to be revealed in their factories, revealing the ineffectiveness of such policies. Research Report Page 5 of 12

6 Caption #2: Women Garment Sweatshop in Bangladesh Major Parties Involved and Their Views International labor organization (ILO) Found in 1919, with 185 nations out 193 UN nations as members, the International Labor Organization internationally recognized worker rights standards-freedom of association, the right to form a union and bargain collectively, and freedom from forced labor-are also blatantly violated on a daily basis. The ILO organizes the International Labor Conference in Geneva every year in June, where conventions and recommendations are crafted and adopted. Also known as the parliament of Labor, the conference also makes decisions about the ILO's general policy, work program and budget, however, unlike the UN; it does not impose sanctions on governments. National Employment Rights Authority (NERA) Like the ILO, the aim of the National Employment Rights Authority (NERA) is to secure compliance with employment rights legislation. Its main activities include monitoring employment conditions through its inspectors. It can also enforce compliance and seek redress. NERA inspectors have carried out inspection campaigns focused on the construction sector, the catering and security industries and on the legislation on minimum wage and the protection of young people in employment. Workers right consortium The Worker Rights Consortium (WRC) is an independent labor rights monitoring organization, conducting investigations of working conditions in factories around the globe. Their purpose is to combat sweatshops and protect the rights of workers who make apparel and other products. The WRC conducts independent, in-depth investigations; issues public reports on factories producing for major brands; and aids workers at these factories in their efforts to end labor abuses and defend their workplace rights. The WRC is also very popular from the support of over 175 college and university affiliates and our primary focus is the labor practices of factories that make university-related apparel. Research Report Page 6 of 12

7 Caption #3: University of Wisconsin-Madison celebrating 10 years of the Worker Rights Consortium Global labor rights (GLR) The mission of the GLR is to promote and defend human, women's and workers' rights in the global economy. With a widespread and highly experienced team of international advocates, the Institute responds to appeals for support from exploited workers all over the developing world who produce goods for export to the U.S. The Institute undertakes in-depth research, public education and popular campaigns that empower the American people to provide support and solidarity to workers struggling to defend their most basic rights. As workers across the developing world fight for their right to work in dignity, in healthy and safe workplaces, to earn a living wage and to organize independent unions, the Institute will provide solidarity and international visibility to support their efforts, and we will continue to demand that corporations be held legally accountable to respect core internationally recognized worker rights standards. European Community (EC) The European Community (EC) is a multi-governmental legislative structure that, through the Treaty of European Union in 1992, the Treaty of Amsterdam in 1997, and various other agreements has promoted full economic integration of its member states. While it has issued a number of directives in non-labor areas, the same cannot be said for matters concerning social policy and labor. However, some restrictions regarding health and safety have been adopted by the EC in an attempt to mitigate any inhumane practices, involving low health and safety standards, used for the sake of a competitive advantage. The United States Department of Labor (DOL of USA) The United States Department of Labor (DOL) is one of the executive branches of the federal government of the United States, where the department of the U.S. federal government responsible for Research Report Page 7 of 12

8 occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Most of the U.S. states have such departments established to ensure the safety for labor workers. The purpose of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. In carrying out this mission, the Department of Labor administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 10 million employers and 125 million workers. China Over the past decade, China has been an attractive destination for global corporations due to its low wage rates and labor laws that disallow independent trade unions and limit the right to strike. China does not yet meet international labor law standards. Workers cannot freely choose their collective bargaining representatives and lack laws requiring employers to collectively bargain with employees. There have been means done to improve the situation. Government The government has enacted improvements in workers rights in the past few years (E.g., the 2008 Employee Contract Law), and created a policy favoring widespread collective consultation over wages and working conditions. As a result, Chinese industrial wages are rising a good thing for both Chinese working families and for workers in other countries that compete with China in a variety of industries. China Labor Watch China Labor Watch s purpose is to improve local working conditions and promote workers legal rights. One of these is the Worker Outreach and Training Program, which provides free classes on Chinese labor law to workers in a neighborhood setting. As a result, the workers become more capable of negotiating with employers and demanding fairer wages and working conditions. India India provides for core labor standards of ILO for welfare of workers and to protect their interests. India has a number of labor laws addressing various issues such as resolution of industrial disputes, working conditions, labor compensation, insurance, child labor, equal remuneration etc. Labor is a subject in the concurrent list of the Indian Constitution and is therefore in the jurisdiction of both central and state governments. Both central and state governments have enacted laws on labor issues, but even when these laws are implemented, miles issues of migrant, bonded debt and child labor are still happening widely without attempt of stopping. Timeline of Relevant Resolutions, Treaties and Events Date Description of event 1900 International Ladies' Garment Workers Union founded. Research Report Page 8 of 12

9 1903 U.S. Department of Commerce and Labor and Women's Trade Union League founded Industrial Workers of the World founded in Chicago, Illinois An eight-hour workday is widely adopted in the printing industry U.S. Department of Labor established. 7 September 1916 Federal employees win the right to receive Worker's Compensation insurance. 1 May 1925 The All-China Federation of Trade Unions (ACFTU) was officially founded. With 134 million members it is the largest trade union in the world Trade Union Unity League and Conference for Progressive Labor Action founded The National Labor Relations Act, also known as the Wagner Act, was passed. It clearly established the right of all workers to organize and to elect their representative for collective bargaining purposes. 25 June 1938 The Wages and Hours (later Fair Labor Standards) Act is passed, banning child labor and setting the 40-hour work week International Federation of Trade Unions becomes the World Federation of Trade Unions 1951 The Right to Organize and Collective Bargaining Convention, 1949, one of the two primary labor conventions of the ILO, came into force on 18 July. April 1956 The largest Canadian trade union center, the Canadian Labor Congress (CLC), was formed President John F Kennedy issues Executive Order establishing limited collective bargaining rights for federal employees and widely regarded as the impetus for the expansion of public sector bargaining rights at state and local levels in the years to come. 10 June 1963 Congress passed the Equal Pay Act mandating equal pay to women 1970 U.S. Congress enacted Occupational Safety and Health Act The World Confederation of Labor merges with the International Confederation of Free Trade Unions and eight other trade union affiliations to found the International Trade Union Confederation. Evaluation of Previous Attempts to Resolve the Issue Research Report Page 9 of 12

10 There was not any resolution addressed by the United Nations (UN) been created regarding the specific issue, however, upon the migrant labors rights, one resolution has been pass, under the name of A/RES/45/158. However, there were many attempts been done regard the problem. The labor rights campaigners have work to improve workplace conditions which meet established standards. Labor advocates and other groups often criticize production facilities with poor working conditions as sweatshops and occupational health hazards, and campaign for better labor practices and recognition of workers rights throughout the world. The labor movement pushes for guaranteed minimum wage laws, and there are continuing negotiations about increases to the minimum wage. However, opponents see minimum wage laws as limiting employment opportunities for unskilled and entry level workers. Aside from that, from the support of organization such as the International Labor Organization (ILO), Democracy and Workers' Rights Center (DWRC), labor movements have campaigned on various other issues. Many labor movement campaigns have to do with limiting hours in the work place. 19th century labor movements campaigned for an Eight-hour day. Worker advocacy groups have also sought to limit work hours, making a working week of 40 hours or fewer standards in many countries. France had once sanction to work for only 35 hours a week, but that did not last long. Workers may agree with employers to work for longer, but the extra hours are payable overtime. In the European Union the working week is limited to a maximum of 48 hours including overtime. Possible Solutions General issues (minimum wage, combating sweatshop, working hours overloaded) Having a job in manufacturing or on a company farm should not mean having to be subjected to starvation wages, physical and verbal abuse, excessive overtime or a life threatening work environment. Nor should workers be deprived of the right to bargain collectively. Workers want to be treated with dignity, and expect to be able to support themselves and their families with their earnings. Improved working conditions ensure that jobs in the developing world truly lift more people out of poverty, creating stable societies. Workers paid a decent wage can purchase goods from abroad, including from wealthy countries. Respecting freedom of association in the developing world strengthens trade unions in the developed world. From a small scale, better labor inspections of factories at home and abroad may yield information on product safety, as well, protecting consumers from dangerous pesticides in food, lead in paint, and faulty parts in everything from toys to machinery. On a larger scale, one of the ways to combat the poor working conditions is to target certain companies that are highly visible (Walmart). First, the financial power of these companies allows them to wield tremendous influence and create greater pressure on countries and workers. Their financial power also means that they can afford to change their labor conditions; such changes could easily be made without changing the average price for products. Second, these companies are leaders in their industry, and highly visible to consumers. Targeting highly visible companies and creating consumer demand for these companies to treat their workers fairly is a key part of changing practices in the whole industry. Finally, some of these companies claim to have already responded to human rights problems by instituting their own codes of conduct; their workers, Research Report Page 10 of 12

11 however, continue to deal with exploitative conditions. Thus, obeying national and international labor provisions strengthens the rule of law, both within countries and internationally. Delegates may make attempts to promote and re-use the measures carried out in the past (with thoughtfulness), which are listed above, all of which have worked with varying degrees of success. Child labor Like said before, low income, poverty, and poor educational institutions are the driving forces behind the prevalence of child labor worldwide. An ILO representative once said, Child labor exists because education systems and labor markets do not function properly, because poor households cannot insure themselves against income fluctuations, and because perverse incentives exist that create a demand for child labor. Thus, many families, especially those in developing countries, need extra income or can t afford to send their children to school, so they send them to work. Suggestion for delegate, if a more rapid reduction in the general prevalence of child labor is a policy goal, would not improving educational systems and providing financial incentives to poor families to send children to school may be more useful solutions to the child labor problem than punitive measures designed to prevent children from earning income. But more importantly, before the said solution comes to action, it is vital that the parents and the guardians of those children who involved in labor acts aware the importance of education in one's life, how education would promise the children a better future, that they could possibly escape their current labor condition. With that said, such NGO organizations or the UN could launch some free literacy programs by sending out volunteers to teach illiterate people, and possibly transport facilities should be provided to the students, like a mean to encourage them go to school more. The World Health Organization (WHO) or any other could hold free health checks quarterly a year, because fat chance lots of these workers are exposed under toxics chemical hazards, high temperature working environment. Campaign against child labor as well as any violations of people labor rights should be spread to give other people awareness of some products they are using were made by the physically/emotionally abused and neglected worker, especially in developing countries. Bibliography "A/RES/45/158. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families." UN News Center. UN, 18 Dec Web. 25 Jan < "Citizens Information." Citizens Information. National Employment Rights Authority, n.d. Web. 26 Jan < Eitizaz, Saba. "Pakistan's Labour Laws 'ignore Abuse of Children'" BBC News. BBC, 01 Oct Web. 26 Jan < "International Labor Rights Forum." International Labor Rights Forum. International Labor Rights, 1 Jan Web. 26 Jan < Research Report Page 11 of 12

12 "International Labour Organization." International Labour Organization. International Labour Organization, n.d. Web. 23 Jan < "Labor History Articles." Labor History Articles. American Postal Workers Union, n.d. Web. 26 Jan < "Labor Laws and Regulations." California Labor and Workforce Development Agency. N.p., n.d. Web. 26 Jan < "The National Labor Committee." Gap and Old Navy in Bangladesh: Cheating the Poorest Workers in the World Institute for Global Labour and Human Rights. Non Profit Human Rights, 3 Oct Web. 26 Jan < "The National Labor Committee." Institute for Global Labour and Human Rights. Non Profit Human Rights, n.d. Web. 26 Jan < "National Minimum Wage Act, 2000." National Minimum Wage Act, N.p., Web. 26 Jan < "Organisation of Working Time Act, 1997." Organisation of Working Time Act, N.p., Web. 26 Jan < "What Is Child Labor?" - The Child Labor Education Project. N.p., Web. 24 Jan < ml>. "The Worker Rights Consortium." The Worker Rights Consortium. The Worker Rights Consortium, n.d. Web. 23 Jan < "Workers." Workers. US Department of Labor, n.d. Web. 26 Jan < Research Report Page 12 of 12