Civil Society Activism under US Free Trade Agreements: The Effects of Actorness on Decent Work

Myriam Oehri

doi:10.17645/pag.v5i4.1085

Abstract

US free trade agreements comprise unique provisions that enable civil society to present public complaints against labor rights violations occurring in the US or its trade partners. To date, a variety of complainants have used these mechanisms, including (inter)national trade unions, human rights organizations, and a priest. And yet, little is known about the submissions’ nature of agency and the effects it has on the procedural continuations to address illicit labor practices. To fill this research lacuna, this article employs a multidisciplinary framework of ‘actorness’ that measures the submitters’ diversity (professionalism/non-professionalism, collectivism/individualism, transnationalism/nationalism) and their effectiveness (rejection/acceptance of submissions and further procedural follow-ups). Combining quantitative examination with in-depth analysis of two diverse cases of actorness, and drawing on expert interviews, public reports, and minutes of meetings, the study reveals that the majority of public submissions were of professional, collective, and transnational nature. However, contrary to what extant literature suggests, this is not a guarantee that they achieve more far-reaching procedural steps in the protection of workers. Non-professional, individual, and national actorness can compensate for the advantages of professionalism, collectivism, and transnationalism.

Highlights

Since the end of World War II in particular, an inclusive international system has emerged
The opportunity for civil society actors to present a labor rights complaint in the context of the North American Agreement on Labor Cooperation (NAALC) and subsequently concluded US FTAs is defined in a Federal Register Note that reads as follows: ‘Any person may file a submission with the OTLA [Office of Trade and Labor Affairs, US Department of Labor] regarding another Party’s commitments or obligations arising under a labor chapter [of US FTAs] or Part Two of the NAALC’
While the submission against Mexico was filed by the Mexican Electrical Workers Union (SME) together with 93 signatories, including the AFL-CIO, the International Trade Union Confederation (ITUC), and many grassroots organizations, it was an individual complainant who accused the Dominican Republic of violating labor rights

Summary

Introduction

Since the end of World War II in particular, an inclusive international system has emerged. Since the NAALC, all US-signed trade agreements have included similar inclusive complaint procedures: Chronologically, these are US bilateral trade agreements with Jordan, Chile, Singapore, Australia, Morocco, Bahrain, and Oman; the regional Central American–Dominican Republic Free Trade Agreement (CAFTA–DR) with Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras and Nicaragua; and bilateral trade agreements with Peru, Columbia, Panama, and South Korea. They entered into force between 2001 and 2012. Complaints of non-professional, individual, and national nature can be likewise effective if they compensate for the lack of professionalism’s, collectivism’s, and transnationalism’s advantages (e.g., expertise, experience, legitimacy, and international attention)

Actorness in International Labor Politics

Labor Rights Protection in US FTAs

The NAALC and the CAFTA–DR Experience

Conclusions