Participants in the afternoon plenary at the International Lawyers Assisting Workers Network (ILAW) Global Conference heard updates on how trade agreements are advancing worker rights and learned strategies for incorporating forced labor bans and protecting workers’ freedom to form unions.
Eric Gottwald, AFL-CIO
With a focus on the United States-Mexico-Canada Agreement (USMCA), Eric Gottwald and Pablo Franco opened the panel on Trade and Labor Law Developments by describing how the 2020 agreement benefits workers.
The USMCA’s Rapid Response Mechanism was a game-changer, said Gottwald, an attorney at the AFL-CIO. The mechanism addresses freedom of association and collective bargaining violations down to the company level.
“Anyone can file a claim against a specific facility and there is an investigation and remedy that reach down to company level in way trade agreements never had before,” he said.
USMCA, which replaces the North American Free Trade Agreement (NAFTA), is especially helpful in furthering new Mexican labor law reform that seeks to dismantle the endemic union protection contract system that does not benefit workers, Gottwald and Franco said.
Pablo Franco. Credit: Solidarity Center
More than 130 labor lawyers from 42 countries are meeting in Brussels October 7–9 for the second global conference of the International Lawyers Assisting Workers (ILAW) Network, where members set an ambitious agenda for advocacy, litigation and education.
The Solidarity Center launched the ILAW Network in December 2018 as a global hub for worker rights lawyers to facilitate innovative litigation, help spread the adoption of pro-worker legislation and defeat anti-worker laws.
Strategies for Addressing Forced Labor Through Trade
Franz Ebert, ILO. Credit: Solidarity Center
Since 2016, forced labor has increased globally from 25 million to 27 million people, with the majority in the private sector as state-imposed forced labor has decreased, said Franz Ebert, from the International Labor Organization (ILO).
“Forced labor is a structural phenomenon to exploit workers,” he said. Concentrated corporate power and ownership, outsourcing, governance gaps and irresponsible sourcing practices combine with poverty, discrimination and limited worker rights protections so that it is clear forced labor does not occur randomly but can be traced to root causes.
Ebert reviewed western countrie’s efforts to include forced labor bans in treaties, including the European Union which is proposing a Forced Labor Trade Ban that would prohibit sale of all goods made with forced labor: imported goods, goods for export and EU goods for domestic consumption Implementation would be entrusted with member states authorities.
In the United States, Ebert noted that application of the U.S. Forced Labor Clause is increasting traction, with 43 forced labor enforcement actions between 1991 and 2018 and 32 between 2019 and 2021.
Tibisay Morgandi, WTO. Credit: Solidarity Center
While the World Trade Organization (WTO) may not appear as a likely avenue to support labor rights, said Jeffrey Vogt, panel moderator, panelists Lorand Bartels and Tibisay Morgandi offered strategies for moving forced labor bans through the WTO.
Bartels, a professor of international law at Cambridge University, compared the U.S. and EU approaches to blocking goods made by forced labor through trade, with an eye to WTO approval of such bans.
After outlining a series of options for worker rights advocates seeking to pursue trade bans on goods made with forced labor through the WTO, Morgandi concluded that citing a authoritative outside source is likely the most effective option.
“ILO body determines goods are made with forced labor, you show the measure, and your measure is ipso facto justified,” she said.
Closing out the panel, Isaac Okello Mbingi from the Central Organization of Trade Unions–Kenya, described how the new continent-wide African free trade agreement (African Continental Free Trade Area) covers a market of 1.2 million people in countries with a combined GDP of $3 trillion—yet does not include labor protocols to protect worker rights. The agreement will be difficult to modify, he said, but the process must start with educating unions and their members on how trade agreements impact worker rights.
The digital platform share in the economy in Kyrgyzstan is growing, and with that growth, an increasing number of people are working through these platforms. Due to its growth, the vulnerability of workers in this sector has also become more apparent, especially for marginalized groups.
Kazakhstan has the most developed digital market in the region, and digital platform companies operate in Kazakhstan’s major cities. With the sector’s growth, the vulnerability of workers in this segment has also become more apparent, especially for marginalized groups.
A new Labor Center in Mexico will advise workers about their rights and how to mobilize and organize unions and collectively bargain. The Labor Center, at the Autonomous University of Querétaro in central Mexico, is supported by the Solidarity Center and the UCLA Labor Center.
“The aim is to strengthen and promote the full recognition of labor rights, freedom of association and organization, and the democratic participation of workers through research, linkage and accompaniment,” said Labor Center Director Dr. Javier Salinas García. Salinas spoke at a recent Solidarity Center event in Mexico to announce the opening.
The Labor Center comes three years after Mexico’s government announced a series of comprehensive labor reforms to establish a democratic unionization process, address corruption in the labor adjudication system and eradicate employer protection (“charro”) unions prevalent in the country.
The Labor Center is “a way to respond to the needs of the situation,” said Beatriz García, Solidarity Center Mexico deputy program director.
“I think we all agree that Mexico is going through a historic moment. The labor reform responds to the demands that have been the objectives of the struggle of many workers for years, for decades, and reflects some positive practices of the independent unions,” she said.
The event featured a panel of independent union members and leaders who discussed the future of the labor movement in Mexico in the wake of historic labor law reforms.
Panelists explored the role that democratic and independent trade unions in promoting labor reform implementation in Mexico three years after the 2019 Labor Reform and negotiations of the United States–Mexico–Canada Agreement (UMSCA/T-MEC).
Speakers shared how they are using the tools of labor reform to organize on their worksites.
“We are the delegates, and we call our colleagues to share information about the Union League,” said Sonia Cristina García Bernal. “We have helped colleagues who were told they were going to be fired without severance pay. We have been able to get them severance pay. We have been able to get them rehired.”
“After these three years, the tool that we use the most is fast response mechanisms,” said Imelda Guadalupe Jiménez Méndez. “This has been a very important tool.”
In addition to Beatriz García, speakers included: Imelda Guadalupe Jiménez Méndez, Secretary for Political Affairs, the Miners Union (Los Mineros); Julieta Mónica Morales, General Secretary, Mexican Workers’ Union League (Liga Obrera Mexicana); Rita Guadalupe Lozano Tristán, Mexican Workers’ Union League (Liga Obrera Mexicana); Alejandra Morales, General Secretary, Independent Union of National Workers in the Automotive Industry; and Sonia Cristina García Bernal, Special Delegate, Mexican Workers’ Union League (Liga Obrera Mexicana).
Workers demanding relief from inflationary pressure on wages will launch a general strike on Thursday unless the Kosovo government grants public sector workers an emergency wage increase of almost $100 per month. This proposed amount will provide most public sector workers—including doctors and nurses—with an immediate 20 percent increase in lieu of a long-delayed wage law, says the Union of Independent Trade Unions of Kosovo (BSPK).
“It is the [failure of] the wage law that obliges us to go on strike,” says BSPK Chairperson Atdhe Hykolli, who announced that the work stoppage will last until the workers’ plea for relief is met.
According to BSPK, Kosovo’s workers and their families can no longer meet their basic needs due to historic inflation. The country’s inflation rate is inching higher each month, reaching a 14-year high of more than 14 percent in June and it increased again in July.
Escalating costs for food and non-alcoholic beverages, housing and utilities, and transportation are the main driver of inflationary pressure on wages in Kosovo. For the 12 months ending in June this year, the cost of transportation increased more than 30 percent while the cost of food and non-alcoholic beverages increased by more than 17 percent. From 2003 through 2021, the country’s inflation rate was less than two percent per year. The average public sector worker’s take-home pay of $542 has not increased since 2021.
“The situation for workers in Kosovo is like those in many countries around the world: Rising costs coupled with stagnant wages is simply not sustainable,” says Solidarity Center Southeastern Europe Country Program Director Steven McCloud.
The trafficking of agriculture workers, including children, is widespread globally, and “practices of exceptionalism” limit workers’ rights to freedom of association, organizing and collective bargaining, according to a new report on trafficking in persons in agriculture from United Nations Special Rapporteur Siobhán Mullally.
“Characterized by high levels of informality, lack of oversight and protection, trafficking in persons remains a serious concern within the agricultural sector, affecting both adults and children,” she writes.
The report notes that while the COVID-19 pandemic saw agricultural workers designated as “essential,” worker protections did not follow. Indeed, temporary, seasonal and migrant workers are provided limited legal coverage, and restrictive migration policies persist despite the demand for agricultural workers.
Findings include:
Discrimination on the grounds of race, ethnicity, migration status, gender and disability creates conditions within which trafficking occurs with impunity.
Land inequality, particularly affecting women and girls, drives exploitation, including trafficking for forced labor.
The agriculture sector employs an estimated 28 percent of the total global labor force and an estimated 60 percent of the labor force in low-income countries. Because it is characterized by high levels of informal and seasonal employment, the risks of exploitation are also high.
Discrimination based on migration status leaves workers vulnerable to trafficking.
Gender inequality in land ownership and tenure contributes to poverty, dependency and risks of violence, including trafficking of women and girls. Women are estimated to make up 20 percent of the world’s landholders but account for 43 percent of agricultural workers.
Indigenous women and girls may experience increased risks of trafficking due to the intersection of discrimination and violence, based on gender, race, ethnicity, indigenous origin and poverty.
People with disabilities may be particularly at risk of trafficking in agricultural work, where there is limited oversight and monitoring of worker rights.
Agriculture is the entry point for child labor, accounting for 76.6 percent in child laborers ages 5-11 and 75.8 percent in children ages 12-14. Children who travel with parents migrating for work often miss out on their education, as well.
The Special Rapporteur also highlighted that recruitment practices for the sector–particularly of seasonal, temporary and migrant workers–increase risks of trafficking for forced labor. Recruitment processes and substantial recruitment and other fees often lead to debt bondage.
Meanwhile, “intensive agriculture and agribusinesses contribute negatively to climate change, reflecting the wider nexus between trafficking in persons, environmental degradation, loss of biodiversity and the climate crisis,” she writes.
The protection of all workers and their families “is essential to prevent trafficking,” she says, urging governments to, among other urgent actions: “Strengthen the capacity of trade unions, civil society organizations and human rights defenders to support agricultural workers, including through effective protection of rights to freedom of association and peaceful assembly and to collective organizing and collective bargaining, without discrimination.”
The Special Rapporteur’s report was bolstered by a submission from the Solidarity Center related to the conditions for migrant workers in Jordan’s agriculture sector. The submission noted:
Migrant workers work very long hours in hazardous conditions that lack occupational, safety and health (OSH) standards, medical care and overtime compensation. Forced overtime is an indicator of forced labor under ILO standards. The agricultural sector in general is an informal economy sector, and the work is usually temporary or seasonal. Agricultural areas are isolated and far from service centers; therefore, agricultural workers who suffer from labor and human rights violations do not have access to justice. Forced labor and wage theft are common violations, although usually not reported because of limited access to justice, absence of labor inspection and fears of retaliation and other threats workers face, especially undocumented or irregular workers. Because these workers were not recognized as workers under Jordanian labor law until May 2021, they lacked access to labor courts and were forced to file complaints through civil courts, which do not exempt court fees, making this an inaccessible complaint process for agricultural workers.
The kafala system requires migrant workers to be fully reliant on their employers for legal status. In the case that an employer does not renew a work permit, the worker is punished with deportation and a ban from returning to Jordan for three years. Workers are often deported without receiving their owed wages and other compensation–a form of wage theft, which is also an ILO indicator of forced labor. In cases where agricultural workers leave a workplace to escape harassment, rights violations and forced labor without reporting such violations, they are subject to an overstay fine, which is 1.5 Jordanian dinars per day (approximately $2) and they are subject to detention and false or retaliatory theft accusations by their employers, essentially becoming undocumented workers. Migrant workers rarely if ever report violations, fearing employer harassment or retaliation. Undocumented workers are victims of exploitation by brokers and fixers who charge excessive fees for work permits. A Syrian woman worker said, “Syrian agricultural workers’ wages are the lowest not because they accept to work for low wages but because the shaweesh (the middleman) takes a percentage of their wages.”
The Special Rapporteur’s report cited these examples and supported the Solidarity Center’s conclusion in its submission: “Trade unions are important to combat forced labor and other forms of labor trafficking and exploitation, and to raise workers’ awareness about their rights and the available services and access to justice channels.
“The explicit exclusion of both migrant workers and workers in the agricultural sector is a violation of these workers’ fundamental right to freedom of association under the Constitution of Jordan and international human and labor rights as enshrined in the ICCPR, ICESCR and ILO Conventions 87 and 98. The right to freedom of association is fundamental in a workers’ ability to advocate for her/his own rights, protect themselves from forced labor, and ensure protections from GBVH, and other occupational hazards.”
This website uses cookies to improve your experience. We'll presume you're OK with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
