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Labor Groups
Cautiously Welcome US-Jordan FTA
The announcement that the United States had signed a bilateral free
trade agreement (FTA) with Jordan was greeted with optimism in some
unexpected quarters. Labor and environmental groups hailed this
late-term effort by the Clinton administration for breaking new ground.
Most important, labor and environmental questions were incorporated into
the body of the text. This is an improvement over the NAFTA side
agreements that relegated labor and the environmental concerns to
elaborate, but separate mechanisms. Another novelty is the aspect of
enforcement. While there can be no comparison between the application of
standards in intellectual property and the timid attempts at an
appearance of enforcement of worker rights, AFL-CIO President John
Sweeney greeted the FTA's wording with optimism.
Congressional
approval of the agreement remains in doubt, however. The Jordanian FTA
will not be submitted to Congress under fast track legislation. Most
parties believe that it will be easier to find support in Congress for a
straightforward bilateral treaty, as well as the fact that this
particular agreement can be pitched as part of efforts toward a Mid-East
peace settlement. Jordan after all is a key ally of US efforts to bring
Israelis and Palestinians back to the negotiating table. The FTA's fate
will be up to the new Congress during the last days of the Clinton
administration.
In late
November, President Clinton and President Ricardo Lagos of Chile
attempted to negotiate a free trade agreement that also incorporated
labor and environmental issues directly into the main body of the text.
However, the Chilean president, facing strong business and political
opposition at home, was quick to state that there would be no question
of sacrificing his nation's sovereignty in any enforcement of
international standards. This is sure to cool the enthusiasm of worker
rights organizations and the AFL-CIO for any FTA with Chile. These
organizations want to get some sort of parity between the enforcement of
intellectual property rights and worker rights, something that is not on
the table at this moment, either in the case of Jordan or Chile.
The environmental and labor sections of the Jordan FTA can be found
below:
AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE HASHEMITE KINGDOM OF JORDAN
ON THE ESTABLISHMENT OF A FREE TRADE AREA
ARTICLE 5:
ENVIRONMENT
1. The Parties recognize that it is inappropriate to encourage trade by
relaxing domestic environmental laws. Accordingly, each Party shall
strive to ensure that it does not waive or otherwise derogate from, or
offer to waive or otherwise derogate from, such laws as an encouragement
for trade with the other Party.
2. Recognizing
the right of each Party to establish its own levels of domestic
environmental protection and environmental development policies and
priorities, and to adopt or modify accordingly its environmental laws,
each Party shall strive to ensure that its laws provide for high levels
of environmental protection and shall strive to continue to improve
those laws.
3. (a) A Party
shall not fail to effectively enforce its environmental laws, through a
sustained or recurring course of action or inaction, in a manner
affecting trade between the Parties, after the date of entry into force
of this Agreement.
(b) The Parties recognize that each Party retains the right to exercise
discretion with respect to investigatory, prosecutorial, regulatory, and
compliance matters and to make decisions regarding the allocation of
resources to enforcement with respect to other environmental matters
determined to have higher priorities. Accordingly, the Parties
understand that a Party is in compliance with subparagraph (a) where a
course of action or inaction reflects a reasonable exercise of such
discretion, or results from a bona fide decision regarding the
allocation of resources.
4. For purposes
of this Article, "environmental laws" mean any statutes or
regulations of a Party, or provision thereof, the primary purpose of
which is the protection of the environment, or the prevention of a
danger to human, animal, or plant life or health, through:
(a) the prevention, abatement or control of the release, discharge, or
emission of pollutants or environmental contaminants;
(b) the control of environmentally hazardous or toxic chemicals,
substances, materials and wastes, and the dissemination of information
related thereto; or
(c) the protection or conservation of wild flora or fauna, including
endangered species, their habitat, and specially protected natural areas
in the Party's territory, but does not include any statutes or
regulations, or provision thereof, directly related to worker safety or
health.
ARTICLE 6:
LABOR
1. The Parties reaffirm their obligations as members of the
International Labor Organization ("ILO") and their commitments
under the ILO Declaration on Fundamental Principles and Rights at Work
and its Follow-up. The Parties shall strive to ensure that such labor
principles and the internationally recognized labor rights set forth in
paragraph 6 are recognized and protected by domestic law.
2. The Parties recognize that it is inappropriate to encourage trade by
relaxing domestic labor laws. Accordingly, each Party shall strive to
ensure that it does not waive or otherwise derogate from, or offer to
waive or otherwise derogate from, such laws as an encouragement for
trade with the other Party.
3. Recognizing the right of each Party to establish its own domestic
labor standards, and to adopt or modify accordingly its labor laws and
regulations, each Party shall strive to ensure that its laws provide for
labor standards consistent with the internationally recognized labor
rights set forth in paragraph 6 and shall strive to improve those
standards in that light.
4. (a) A Party shall not fail to effectively enforce its labor laws,
through a sustained or recurring course of action or inaction, in a
manner affecting trade between the Parties, after the date of entry into
force of this Agreement.
(b) The Parties recognize that each Party retains the right to exercise
discretion with respect to investigatory, prosecutorial, regulatory, and
compliance matters and to make decisions regarding the allocation of
resources to enforcement with respect to other labor matters determined
to have higher priorities. Accordingly, the Parties understand that a
Party is in compliance with subparagraph (a) where a course of action or
inaction reflects a reasonable exercise of such discretion, or results
from a bona fide decision regarding the allocation of resources.
5. The Parties recognize that cooperation between them provides enhanced
opportunities to improve labor standards. The Joint Committee
established under Article 15 shall, during its regular sessions,
consider any such opportunity identified by a Party.
6. For purposes of this Article, "labor laws" means statutes
and regulations, or provisions thereof, that are directly related to the
following internationally recognized labor rights:
(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.
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