Thursday, December 18, 2008
[IWS] CRS: PROPOSED COLOMBIA FTA: LABOR ISSUES [24 November 2008]
IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
Congressional Research Service (CRS)
Order Code RL34759
Proposed Colombia Free Trade Agreement: Labor Issues
November 24, 2008
Mary Jane Bolle, Specialist in International Trade and Finance, Foreign Affairs, Defense, and Trade Division
http://opencrs.cdt.org/getfile.php?rid=65751
[full-text, 12 pages]
Summary
This report examines three labor issues and arguments related to the
pending U.S.-Colombia free trade agreement (CFTA): violence against trade
unionists; impunity (accountability for or punishment of the perpetrators); and
worker rights protections for Colombians. For general issues relating to the CFTA,
see CRS Report RL34470, U.S.-Colombia Free Trade Agreement: Economic and
Political Implications, by M. Angeles Villarreal. For background on Colombia and
its political situation and context for the agreement, see CRS Report RL32250,
Colombia: Issues for Congress, by Colleen W. Cook and Clare Ribando Seelke.
Opponents of the pending U.S.-Colombia free trade agreement (CFTA) argue
against it on three points: (1) the high rate of violence against trade unionists in
Colombia; (2) the lack of adequate punishment for the perpetrators of that violence;
and (3) weak Colombian enforcement of International Labor Organization (ILO) core
labor standards and labor laws.
Proponents of the agreement argue primarily for the proposed Colombia FTA
on the basis of economic and national security benefits. Accordingly, they argue, the
CFTA would: support increased exports, expand economic growth, create jobs, and
open up investment opportunities for the United States. They also argue that it would
reinforce the rule of law and spread values of capitalism in Colombia, and anchor
hemispheric stability.
Proponents specifically respond to labor complaints of the opponents, that (1)
violence against trade unionists has declined dramatically since President Álvaro
Uribe took office in 2002; (2) substantial progress is being made on the impunity
issue as the government has undertaken great efforts to find perpetrators and bring
them to justice; and (3) the Colombian government is taking steps to improve
conditions for workers.
If Congress were to approve the Colombia FTA, it would be the second FTA
(after Peru) to have some labor enforcement "teeth." Labor provisions including the
four basic ILO core labor standards would be enforceable through the same dispute
settlement procedures as for all other provisions (i.e., primarily those for commercial
interests.) Opponents argue that under CFTA, only the concepts of core labor
standards, and not the details of the ILO conventions behind them, would be
enforceable.
Proponents point to recent Colombian progress in protecting workers on many
fronts. They argue that approval of the FTA and the economic growth in Colombia
that would result is the best way to protect Colombia's trade unionists. They also
argue that not passing the agreement would not resolve Colombia's labor issues.
Opponents argue that delaying approval of the proposed CFTA further would
give Colombia more time to keep improving protections for its workers. This report
will be updated as events warrant.
Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Political Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Trade/Economic Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Labor Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Violence Against Trade Unionists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Long-Term Trends in Murders of Trade Unionists . . . . . . . . . . . . . . . . . . . . 3
Long-Term Trends in Three Measures of Violence Against
Trade Unionists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Impunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Labor Laws, Protections, and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Possible Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
List of Figures
Figure 1. Historic Data on Murders of Trade Unionists, 1997-2008 (Projected) . . . .. . . 5
Figure 2. Assassinations, Death Threats and Arbitrary Detentions of Trade Unionists, 1999-2007 . . . . . . . . 6
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
Congressional Research Service (CRS)
Order Code RL34759
Proposed Colombia Free Trade Agreement: Labor Issues
November 24, 2008
Mary Jane Bolle, Specialist in International Trade and Finance, Foreign Affairs, Defense, and Trade Division
http://opencrs.cdt.org/getfile.php?rid=65751
[full-text, 12 pages]
Summary
This report examines three labor issues and arguments related to the
pending U.S.-Colombia free trade agreement (CFTA): violence against trade
unionists; impunity (accountability for or punishment of the perpetrators); and
worker rights protections for Colombians. For general issues relating to the CFTA,
see CRS Report RL34470, U.S.-Colombia Free Trade Agreement: Economic and
Political Implications, by M. Angeles Villarreal. For background on Colombia and
its political situation and context for the agreement, see CRS Report RL32250,
Colombia: Issues for Congress, by Colleen W. Cook and Clare Ribando Seelke.
Opponents of the pending U.S.-Colombia free trade agreement (CFTA) argue
against it on three points: (1) the high rate of violence against trade unionists in
Colombia; (2) the lack of adequate punishment for the perpetrators of that violence;
and (3) weak Colombian enforcement of International Labor Organization (ILO) core
labor standards and labor laws.
Proponents of the agreement argue primarily for the proposed Colombia FTA
on the basis of economic and national security benefits. Accordingly, they argue, the
CFTA would: support increased exports, expand economic growth, create jobs, and
open up investment opportunities for the United States. They also argue that it would
reinforce the rule of law and spread values of capitalism in Colombia, and anchor
hemispheric stability.
Proponents specifically respond to labor complaints of the opponents, that (1)
violence against trade unionists has declined dramatically since President Álvaro
Uribe took office in 2002; (2) substantial progress is being made on the impunity
issue as the government has undertaken great efforts to find perpetrators and bring
them to justice; and (3) the Colombian government is taking steps to improve
conditions for workers.
If Congress were to approve the Colombia FTA, it would be the second FTA
(after Peru) to have some labor enforcement "teeth." Labor provisions including the
four basic ILO core labor standards would be enforceable through the same dispute
settlement procedures as for all other provisions (i.e., primarily those for commercial
interests.) Opponents argue that under CFTA, only the concepts of core labor
standards, and not the details of the ILO conventions behind them, would be
enforceable.
Proponents point to recent Colombian progress in protecting workers on many
fronts. They argue that approval of the FTA and the economic growth in Colombia
that would result is the best way to protect Colombia's trade unionists. They also
argue that not passing the agreement would not resolve Colombia's labor issues.
Opponents argue that delaying approval of the proposed CFTA further would
give Colombia more time to keep improving protections for its workers. This report
will be updated as events warrant.
Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Political Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Trade/Economic Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Labor Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Violence Against Trade Unionists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Long-Term Trends in Murders of Trade Unionists . . . . . . . . . . . . . . . . . . . . 3
Long-Term Trends in Three Measures of Violence Against
Trade Unionists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Impunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Labor Laws, Protections, and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Possible Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
List of Figures
Figure 1. Historic Data on Murders of Trade Unionists, 1997-2008 (Projected) . . . .. . . 5
Figure 2. Assassinations, Death Threats and Arbitrary Detentions of Trade Unionists, 1999-2007 . . . . . . . . 6
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
# posted by SBasefsky : 9:52 AM
