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Trade and Employment From Myths to Facts - International Labour ...

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Chapter 5: Gender aspects of trade<br />

overall. Improving access <strong>to</strong> clean water <strong>and</strong> clean energy sources for cooking, for<br />

example, would reduce women’s unpaid care burden, enable their labour force participation<br />

<strong>and</strong> help promote women’s health. 17<br />

Third, women workers in export sec<strong>to</strong>rs have <strong>to</strong> be supported through policies<br />

that facilitate the creation of decent jobs. In sec<strong>to</strong>rs where international competition<br />

has intensified in recent years, such as garments, as highlighted by this study, women<br />

workers face high risks of not only downward pressure on wages <strong>and</strong> working conditions<br />

but also employment insecurity due <strong>to</strong> export volatility. While the currently<br />

available jobs in export sec<strong>to</strong>rs are often better than the available alternatives (which<br />

in some cases are non-existent), policy should aim <strong>to</strong> set in motion a process of<br />

creation of decent jobs that are consistent with ILO Conventions <strong>and</strong> that achieve<br />

an adequate local living wage.<br />

The main obstacle in improving working conditions is weak enforcement of<br />

legislation, given that most countries have ratified the core ILO Conventions, including<br />

those pertaining <strong>to</strong> equal pay <strong>and</strong> non-discrimination at work, <strong>and</strong> have<br />

national laws that are consistent with these Conventions. Many developing country<br />

governments lack the resources or the will <strong>to</strong> uphold their labour laws <strong>to</strong> fight gender<br />

discrimination <strong>and</strong> give workers greater bargaining power. Far from protecting workers,<br />

governments seek <strong>to</strong> establish EPZs as isl<strong>and</strong>s where they do not fully implement<br />

national labour laws. Short of an international st<strong>and</strong>ard that prevents countries from<br />

implementing a two-tier application of their national labour laws (for example, in<br />

the form of an ILO Convention), there is little incentive for individual countries <strong>to</strong><br />

do away with the EPZ exceptions in their own terri<strong>to</strong>ry. In such a political-economic<br />

context, a useful strategy for nudging countries <strong>to</strong>ward enforcement of labour laws<br />

is <strong>to</strong> set in motion international mechanisms <strong>to</strong> actively support developing country<br />

workers’ right <strong>to</strong> organize <strong>and</strong> collectively bargain so that workers themselves are<br />

able <strong>to</strong> push for improvement in working conditions. In addition, explicit international<br />

support for a broader set of ILO Conventions could leverage union rights.<br />

Currently, there are three options at the international level for promoting decent<br />

working conditions in tradable sec<strong>to</strong>rs. The EU <strong>and</strong> US can promote union rights<br />

in developing country trading partners through social clauses in regional or bilateral<br />

trade agreements, but this <strong>to</strong>ol has weak enforcement mechanisms that need <strong>to</strong> be<br />

strengthened. Second, the ILO’s tripartite process, which has been energized by the<br />

Decent Work initiative after 1999, constitutes a pressure point at the national level<br />

that can be strengthened by building capacity for enforcement of national legislation.<br />

The third option is the corporate social responsibility (codes of conduct) approach,<br />

which holds the least promise despite being the most high-profile approach since the<br />

late 1990s. This approach not only has limited <strong>and</strong> uneven reach but also does not<br />

emphasize union rights or making improvements beyond a narrow set of corporatedefined<br />

goals.<br />

17 Reducing reliance on solid fuels for cooking <strong>and</strong> heating will help decrease high levels of indoor<br />

air pollution <strong>and</strong> premature deaths of mostly women <strong>and</strong> children.<br />

203

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