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APPENDIX B TO HUMAN RIGHTS REPORT
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
APPENDIX B
Reporting on Worker Rights
The Generalized System of Preferences Renewal Act of 1984
requires reporting on worker rights in GSP beneficiary countries.
It states that internationally recognized worker rights include
"(A) the right of association; (B) the right to organize and bargain
collectively; (C) a prohibition on the use of any form of forced or
compulsory labor; (D) a minimum age for the employment of children; and (E)
acceptable conditions of work with respect to minimum wages, hours of work,
and occupational safety and health." All five aspects of worker rights are
discussed in a final section under the heading "Worker Rights." The
discussion of worker rights considers not only laws and regulations but
also their practical implementation, taking into account the following
additional guidelines:
A. "The right of association" has been defined by the
International Labor Organization (ILO) to include the right of
workers and employers to establish and join organizations of
their own choosing without previous authorization; to draw up
their own constitutions and rules, elect their representatives,
and formulate their programs; to join in confederations and
affiliate with international organizations; and to be protected
against dissolution or suspension by administrative authority.
The right of association includes the right of workers to
strike. While strikes may be restricted in essential services
(i.e., those services the interruption of which would endanger
the life, personal safety, or health of a significant portion of
the population) and in the public sector, these restrictions must
be offset by adequate guarantees to safeguard the interests of
the workers concerned (e.g., machinery for mediation and
arbitration; due process; and the right to judicial review of all
legal actions). Reporting on restrictions affecting the ability
of workers to strike generally includes information on any
procedures that may exist for safeguarding workers' interests.
B. "The right to organize and bargain collectively"
includes the right of workers to be represented in negotiating
the prevention and settlement of disputes with employers; the
right to protection against interference; and the right to
protection against acts of antiunion discrimination.
Governments should promote machinery for voluntary negotiations
between employers and workers and their organizations.
Reporting on the right to organize and bargain collectively
includes descriptions of the extent to which collective
bargaining takes place and the extent to which unions, both in
law and practice, are effectively protected against antiunion
discrimination.
C. "Forced or compulsory labor" is defined as work or
service exacted from any person under the menace of penalty and
for which the person has not volunteered. "Work or service"
does not apply in instances in which obligations are imposed to
undergo education or training. "Menace of penalty" includes
loss of rights or privileges as well as penal sanctions. The
ILO has exempted the following from its definition of forced
labor: compulsory military service, normal civic obligations,
certain forms of prison labor, emergencies, and minor communal
services. Forced labor should not be used as a means of (1)
mobilizing and using labor for purposes of economic development;
(2) racial, social, national, or religious discrimination; (3)
political coercion or education, or as a punishment for holding
or expressing political views or views ideologically opposed to
the established political, social, or economic system; (4) labor
discipline; or (5) as a punishment for having participated in
strikes. Constitutional provisions concerning the obligation
of citizens to work do not violate this right so long as they
do not take the form of legal obligations enforced by sanctions
and are consistent with the principle of "freely chosen
employment."
D. "Minimum age for employment of children" concerns the
effective abolition of child labor by raising the minimum age
for employment to a level consistent with the fullest physical
and mental development of young people. In addition, young
people should not be employed in hazardous conditions or at
night.
E. "Acceptable conditions of work" refers to the
establishment and maintenance of machinery, adapted to national
conditions, that provides for minimum working standards, i.e.,
wages that provide a decent living for workers and their
families; working hours that do not exceed 48 hours per week,
with a full 24-hour rest day; a specified annual paid holiday;
and minimum conditions for the protection of the safety and
health of workers. Differences in levels of economic
development are taken into account in the formulation of
internationally recognized labor standards. For example, many
ILO standards concerning working conditions permit flexibility
in their scope and coverage. They may also permit countries a
wide choice in their implementation, including progressive
implementation, by enabling countries to accept a standard in
part or subject to specified exceptions. Countries are expected
to take steps over time to achieve the higher levels specified
in such standards. It should be understood, however, that this
flexibility applies only to internationally recognized standards
concerning working conditions. No flexibility is permitted
concerning the acceptance of the basic principles contained in
human rights standards, i.e., freedom of association, the right
to organize and bargain collectively, the prohibition of forced
labor, and the absence of discrimination.
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