Preliminary document for discussion
Employment Policy and Trade
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- 5.4. Labour Perspectives in the Summit of the Americas
- GLOSSARY
5.3. Employment Policy and TradeUndoubtedly there should be a link between employment policies and trade. Governments must set the national framework for labour standards within regional trade agreements. However, employment policies, while circumscribed by national legislation and governmental directives, fall squarely within the ambit of producers of goods and services which are traded in the regional market. Employment policies should therefore reflect the principles contained within the CARICOM Declaration. Of key importance are those which relate to the employment of regional nationals as a priority. Given that work permits for CARICOM nationals will soon no longer be required, employment policies should be regional in nature. Employers should not be allowed to use poor employment policies to subvert trade agreements. In this regard, the Caribbean Employers’ Confederation and Caribbean Congress of Labour should continue to be important parts of the dialogue. Again reference is being made to the ILO’s PROMALCO, to which Caribbean employers and trade unions have given support in principle. Commonly agreed upon employment policies should be integrated into trade policies as well. It is to be noted that inasmuch as the model of tripartism suggested here has been in vogue in the region for decades, a more incorporative “quatri-partism” is being suggested. This means that the more vulnerable groups, normally excluded from the dialogue should be incorporated. The particular groups that are being targetted here include those workers in the informal sector. This sector is generally non-unionised, and is therefore lacking in representation. Studies in the region37 have shown that this group is one of the fastest growing ones in recent times. In a labour environment where organized labour (especially in Jamaica) is declining in absolute numbers, trade unions represent a minority of persons carrying out work. Clearly there should be space on the agenda for the voice of the non-governmental organizations (NGOs). In a recent unscheduled interview with a respondent, who did not wish to be named, it was also pointed out that the voice of the disabled was unheard in the labour market. NGOs that deal with the needs of this particular group must be part of the dialogue. In short, labour policies should be incorporative and integrated within the accord. 5.4. Labour Perspectives in the Summit of the AmericasAs regards the Summit of the Americas it should be noted that the CARICOM region has gone a far way in principle and practices, despite the shortcomings and challenges discussed. At the regional level as well as at that of the particular nation states, there is a high degree of conformity with the Ottawa Declaration. In pure chronological terms CARICOM had actually taken many of these steps decades before the Declaration. As indicated elsewhere in this report labour contents have been part of the regional integration process since at least 1973 when the Treaty of Chaguaramas was signed. Thus, for the CARICOM region to make its accords congruent with the provisions of the Ottawa Declaration would be a relatively easy task since the process had long begun almost 30 years before the Declaration. There are a few gaps to be corrected in terms of regional standards. Where the incongruence lies is in regard to the national implementation of the regional agreements. 5.5. Final Thoughts: The Integration Process, Labour and Regional Free Trade In a world where there are directly enforceable standards related to free trade, mechanisms must be put in place to have equivalent ones for labour and social protection. In the absence of this serious inequities will obtain. At the regional level these have to be resolved, and sooner rather than later. As indicated above, the regional norms regarding labour have long been agreed upon. Thus, there is really no debate as to whether there should be socio-labour provisions within the agreements. What is therefore needed is implementation and enforcement. In the short term the goal must be to have the national governments enact the legislation to give full effect to the Treaty, the Declaration and the draft statutes. The latter are operationalized evidence of the practical application of the principles agreed. In the short to medium term, technical assistance must be given to the needy countries, which may have difficulties in bringing their practices and laws in concert with the agreement. If this is not done then the nations which are most vulnerable may be further marginalized by sudden and unbearable changes in their labour standards. The task of implementing the standards regionally without harming the more fragile economies is itself to be one of the challenges of the integration process. In the medium term direct enforcement is needed. This means that punitive trade sanctions must be an option, just as the World Trade Organisation provides. GLOSSARY
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