8 Special report World trade The Economist October 9th 2021
Labourrights
Theurgetoprotect
O
naugust19thMsTai,theusTradeRepresentative,claimeda
success.Overtheprecedingtwodays,thousandsofpickup
truckmakersinSilao,Mexicovotedtorejecttheunionclaimingto
representthem,rerunninganearliervoteinAprilthattheysaid
wasneitherfreenorfair.MsTaiwasfightingtheircorner.InMay
shetriggereda “rapidresponsemechanism”intheusmca, a trade
dealbetweenAmerica,CanadaandMexico,whichcouldhaveled
totariffsof25%onexportstoAmerica—orworse.Inhereyes,the
voteshowedthatthethreathaddelivered“promptandmeaning
fulresultsforworkers”.
Thecaseispartofa shifttotheuseoftradepolicyasaninstru
menttodeterhumanrightsabuses.LedbyAmerica,thisishap
peninginthreeways:reciprocaltradedealsliketheusmca; the
specialaccessrichercountriesgranttopoorerones;andmostex
plosively,unilateralbans.Therehavelongbeencomplaintsinrich
countriesaboutshoddylabourstandardsinpoorcountries.But
whenitcomestothenarrowerissueofhumanrights,theseare
nowturningintoaction.
Overthepastcoupleofdecadesreciprocaltradedealshave
increasinglyincludedlabourrelatedprovisionsoncollectivebar
gainingrights,forcedlabour,childlabourandemploymentdis
crimination.Evidencethatthesehavemucheffectisscarce.One
studyin 2021 intotheimpactoftheeu’snontradeprovisions
foundnoconsistenteffectonrespectforworkers’rights.Insome
casestheofferofa tradedealwithAmericaseemedeffectiveinen
couragingtradepartnerstopasslabourreforms,butafterthedeal
wassigned,implementationstalled.
Forlabouradvocates,thereisanobviousexplanation:thevir
tuouscommitmentsembeddedintradedealslackteeth.America,
whichboaststhetoughestlanguageinitsdeals,losttheonlydis
puteitfiled,onthegroundsthat,althoughtheGuatemalangov
ernmenthadfailedtoenforceitslabourlaws,it hadnotdonesoin
a waythataffectedtrade.Theeu, whichenforcestradedealswith
dialogueandsternstatements,hasstruggledtogetVietnamto
sticktolabourcommitmentsmadeasrecentlyasJune2019.
Argumentsagainstsanctionsoftenturnintoclaimsofoldco
lonial meddling in countries’ sovereign affairs, of vulnerable
workerslosingtheirjobs and of abuse by protectionist interests.
ButtheEuropeanCommission is reviewing its trade deals to con
sidersanctionsifcountries do not live up to their commitments
or(astheFrenchandDutch suggested in 2020) to offer tariff cuts
asa rewardforpursuing reforms. America is further ahead with
theusmca, whichwas implemented in July 2020 and includes
lowerlegalthresholdsthat make disputes easier to win, as well as
a rapidresponsemechanism. Eric Gottwald, a trade specialist at
theafl-cio, anAmerican union group, dismisses concerns about
protectionismasan“easy way to dismiss the work that we’re do
ing”,whichisdealing with unfair competition and preserving
Mexicans’humanrights.
Theustrseesenforcement of the usmcaas a core part of its
“workercentredtradepolicy”, and boasts that it is already yield
ingresults.Besidesthevote in Silao, it announced in August that it
hadusedtherapidresponse mechanism to defend workers’ rights
ata Mexicancarpartsmaker, agreeing a deal to give them back pay
and“a commitment to neutrality in future union elections”.
Sometimesthislookslike pandering to domestic political constit
uents,chiefamongthem the afl-cio. And the extent to which it
reinforcesMexico’slabour reforms is still unclear. A monitoring
reportinJulyfoundthat, although the Mexican government was
meetingitsobligations as part of the usmca, many of its promised
changes“remaintobeimplemented”.
ustrofficialsexpect the volume of cases to increase as labour
advocatesinAmericaand Mexico learn how to bring them, but
hopethatit thenfallsas Mexico’s institutions advance. That is not
muchcomfortforcompanies that are worried about disruption to
supplychains.TheusChamber of Commerce, an industry group,
hascomplainedabouta lack of clarity over enforcement, which
couldleadtoproductsbeing blocked at the border within 120 days
ofa casebeingfiled.“The regulations are clear,” says one ustroffi
cial.Ifcompaniesareinsufficiently aware of whether rights in
theirMexicanfacilities are being respected, she adds, “sorry, you
don’tgetcertainty.”
Thesecondwaygovernments are toughening sanctions over
humanrightsisthrough nonreciprocal trade deals between rich
andpoorcountries.The euis strengthening its generalised sys
temofpreferences,which makes tariff cuts for developing coun
triesconditionalona swathe of labour standards and better hu
manrights.That should mean more stringent conditions and
morecarefulmonitoring. In 2017 the Trump administration an
nounceda more“proactive” approach to enforcement, and later it
launchedinvestigations into workers’ rights in Azerbaijan, Boliv
ia,EritreaandZimbabwe. Since the scheme lapsed in December
2020,Congresshasbeen discussing the addition of conditions in
cludingnondiscrimination and women’s empowerment.
Theevidencethatthis type of enforcement actually improves
respectforhumanrights is thin, though in the eu’s case that may
bebecauseithasrarely been used, and in America incentives are
bluntedbythescheme’s expiry every few years. In theory too ma
nystringsattachedcould be counterproductive. Britain’s Depart
mentforInternationalTrade is mulling a reduction in the number
of conventions of the International Labour
Organisation that developing countries
must ratify to win enhanced access, rea
soning that if conditions are easier to
meet, governments are likely to make
more effort.
Both these turns in trade deals have
been driven largely by political dynamics
in rich countries, and a sense that they are
necessary to sustain support for free trade.
The third form has a different root, in Xin
jiang, China, where a vast number of Uygh
Howtraderestrictionsarebeingusedasa tooltoprotect
humanrights
Arguments
against sanctions
often turn into
claims of old
colonial meddling
intellectualproperty provisions in wtorules. In April 2020, as
part of its resilience drive, India introduced “productionlinked
incentives”, first for largescale electronics manufacturing and
pharmaceutical ingredients, and from November for ten other in
dustries, including textiles, car parts and solar modules. If quali
fying companies increase sales by a certain amount, they receive
cash equal to 46% of the gain.
If governments successfully foster critical industries, their
alliances will go from nice to necessary. For when supply shoots
up, prices crash and everyone tries to export the same subsidised
products, trade tensions quickly increase. That was the lesson
from Mr Armbrust’s complaints about Chinese competitors, and
indeed from the fight between America and the euover aircraft
subsidies. And if conflict seems likely over supplychainreshor
ing, it is even more inevitable from another source ofstrainon the
trading system: the wish to fight humanrights abuses.n