Domestic
Efforts Alone Can't Handle Global Challenge
Protecting People from Dangerous Imports
Shaken by continuing revelations of contaminated food and other unsafe
products from China, the New York Times last month issued a strong call
for protection of American consumers against dangerous imports.
In a two-part editorial on September 16, the Times went to great
lengths to explain "The Need for
Regulation For All of the Nation's Imports...And Especially Our
Children's Toys."
The Times assessment of the need is correct. Unfortunately, its
recommendations for addressing the need leave a big hole.
Reforms are needed all along today's vast global production and
distribution chain -- by all the numerous
parties responsible for its operation. The Times lists some of
these global parties, including the original manufacturers, importers,
wholesalers,
retailers, the respective governments, and their
inspection agencies, and it identifies those that especially need to
improve consumer protection.
One is the U.S. government and its newly created interagency
working group on import safety. It has issued a 22-page
brochure on a "strategic
framework" for improving import safety, but is it mostly a PR
exercise?
Government's Voluntary Approach
Hasn't Worked
"The administration's record provides grounds for
skepticism," the editorial answers. The administration's approach
-- of relying almost entirely on businesses to regulate themselves --
"has not worked," the Times says. Instead, "American toy makers
must be truly regulated by a well-financed, powerful [U.S. Consumer
Product Safety Commission]."
Important as such a reform would be, it would not be up to a
problem that is global in dimension. Mattel, for example, has had
to
recall products not only in the United States but also in Europe and
some Latin American countries. Parents in Italy and Chile are
just as troubled as those in America.
As a result, the European Union's consumer protection commissioner is
considering an import ban on toys and some other products made in
China. The
EU is also exchanging views with the U.S. Consumer Product Safety
Commission on how to "ensure that our messages to China are mutually
reinforced."
But bilateral -- or trilateral -- measures are
inadequate for addressing the global challenge. The Times, long an
advocate of multilateralism
for coping with global challenges, should realize that.
Needed: a Plan for the
21st
Century, Not the 20th
A letter of mine to the Times editor on September 16 developed
that point briefly:
"Your recommendation for improving
U.S.
domestic regulation of
imports is designed for the past, not for a world economy transformed
by a vast expansion in world trade. In 1960 the United States
imported goods worth $14.8 million for the whole year. Last year
our imports of goods totaled $1,861.4 million -- a 125-fold
expansion. During each month this year our imports of products
from China alone are far exceeding our imports from the whole world in
12 months of 1960.
"Yes, the present system of
domestic
regulation of imports desperately needs improvement, but that
system alone doesn't suffice for the transformed world economy of the
21st century. Domestic regulation needs to complemented by
international regulation that, at the very minimum, protects our
children against dangerous toys, contaminated food, and other unsafe
products.
"The international trade and investment system -- through a huge
network of multilateral, regional, bilateral, and plurilateral
agreements -- is designed to advance and protect the interests of
international commerce.
"How long will it take to recognize that
enforceable international safeguards of product safety are harmonious
with the interests of commerce?"
(For trade data, check
http://www.census.gov/foreign-trade/statistics/historical/gands.pdf.)
As of September 27, the Times had
not
printed any letter commenting on its editorial. That's too bad,
because the issues it raised deserve wide debate. The Times, like
the media generally, seems allergic to fostering a serious debate about
globalization.
For Smaller Nations and
Companies Too
"The need for clearer and more
effective rules becomes more critical. In this century, the
quality of what is traded will be as important as the need to lower
tariffs was in the last. The recent cases of deadly dog food and
toxic toothpaste coming out of China prove as much...No country acting
alone sands as good a chance of monitoring and curtailing such lethal
goods as does the WTO working in concert with governments across the
globe. Moreover, a rules-based system accepted by a majority of nations
can protect smaller countries and companies from the abusive practices
of bigger nations or large conglomerates."
-- Moises Naim, editor in
chief, Foreign Policy, in September/October issue of that magazine.
Policy
Contrast: Lead Paint vs. Child Labor
"The discovery of lead paint in a wide range of Chinese goods
exported to the U.S. (from toys to jewelry) raises difficult public
policy questions," Economist Dani Rodrik writes in the September
11
entry on his blog. He goes on to think about the policy
positions taken toward two different issues: unsafe imports vs. imports
made in sweatshops --"issues which seem quite distinct, but are
actually quite analogous in many respects." Among the
similarities in characteristics shared by the two kinds of
imports::
- In both cases, exporting countries have domestic regulations
and standards
which on paper are sometimes stronger than those in the U.S., but
enforcement is weak.
- Both types of substandard production make goods cheaper and
create a competitive advantage.
- The final consumer in the U.S. cannot tell whether the toy
contains lead paint or has been manufactured using, say, child
labor under exploitative conditions.
- We are less likely to buy the product, all else being equal, if
we know it
contains lead paint or has been made by children.
In view of such parallels, "we might think that the policy
response to the problems in these two areas would be similar," Rodrik
speculates. But it is not:
Why the Different Responses to
the Two Issues?
"In the area of consumer safety and lead paint, the general
tendency has been to push for more regulation and better enforcement of
existing standards. The U.S. toy industry itself has gone so far
as to ask the federal government to impose
mandatory safety-testing standards for all toys sold in the
U.S. Free-trade economists would find it perfectly appropriate
for the U.S. to pressure the Chinese government to enforce its own lead
standards, and if not, to impose testing and other restrictions at the
[U.S.] border. As far as I know, not even libertarian economists
have proposed that the best way to deal with the problem is to simply label Chinese-made
toys as having uncertain lead content and letting U.S. consumers sort
themselves out according to their own preferences and
health-hazard/price trade-offs.
"But in labor standards, we have a totally different
approach. Most of my economics colleagues think it is
inappropriate for the U.S. to ask foreign governments to enforce
standards that they have already signed into law or ratified in
international agreements. They would be horrified at the thought
that the U.S. should impose restrictions at the border for goods that
do not satisfy core
international labor standards. And they would generally
favor so-called market-based solutions, and labeling in
particular, so that consumers who really care about labor standards can
channel their buying power appropriately.
"So what gives? Why do we accept regulation in one sphere so
easily, yet reject it in the other so fiercely?"
In an update, Rodrik adds: "There is by now a
growing literature that shows that consumers (or major segments
thereof) are willing to pay substantial premiums for goods made under
fair labor standards. See here
and here. So it
is not correct to say that consumers care about the (tiny) probability
that their children will be harmed by lead paint, but not
about labor practices abroad."
A Basic Tenet of Economics:
Consumer Primacy
One of the comments that followed came from Marcos Ancelovici:
"I think that each regulation addresses
a different issue:
safety-testing standards address the quality of the product regardless
of how it was produced whereas labor standards address the conditions
under which the product was produced. The quality of the product
necessarily concerns consumers, but not necessarily the conditions of
its production."
Thanks to trade agreements signed by the United States, Congress faces
international constraints on adopting laws protecting consumers against
unsafe imports. In Congressional
testimony at a September 20 hearing on Lori Wallach, director of
Public Citizen's Global Trade Watch, charged that provisions of various
trade agreements "conflict with Congress' stated goal of ensuring that
some of our most vulnerable citizens -- children -- are not exposed to
avoidable risk of injury or death from their playthings."
The reason, she said, is that these agreements, especially the North
American Free Trade Act (NAFTA) and those administered by the World
Trade Organization (WTO), assign the highest priority to "ensuring a
favorable investment climate for U.S. firms seeking to relocate
production overseas, and facilitating imports from those facilities,"
putting consumer safety lower on the trade agenda.
As a result, an improved product safety policy, Wallach pointed out,
could be challenged by China as a "technical" barrier to trade under
the WTO's Technical
Barriers to Trade agreement, and if approved by an international
tribunal made up of trade lawyers, China could impose trade sanctions
on the U.S. or collect a fine. "The United States," she added, "has
lost an array of WTO attacks against domestic public interest laws" --
43 of the 50 complaints brought against it.
China Near Top in Poor-Rich Income Gap
Income inequalities have increased almost everywhere in Asia between
the 1990s and 2000s, the Asian Development Bank reveals in Key
Indicators 2007, its annual statistical report. China's gap
between the rich and poor has grown more sharply than in any another
country, except for politically torn Nepal.
This income disparity, said the ADB's chief economist, Ifzal Ali,
reflects a weakness in the region's booming economy because it can
weaken social cohesion.
Anita Roddick, CEO and Rights Activist
The two happened to be at the University of California-Santa Barbara as
guest lecturers at the same time in 1997. Anita Roddick, the
British businesswoman who founded the Body Shop, sat in on a talk about
sweatshops by Charlie Kernaghan, head of the National Labor Committee.
Roddick became an instant convert to the cause of human rights for
workers. After she died unexpectedly on September 10,
Kernaghan wrote a moving
tribute to "a dear friend, a major supporter, a
spectacular activist, and fellow traveler." Here are a few
paragraphs from what he wrote about her dedication:
Anita and [her husband]
Gordon went with us into
worker slums
across Dhaka, Bangladesh. Anita, who had traveled all over the
world, told us that the Bangladesh garment workers were some of the
hardest working people she had ever met, yet tragically, also the
poorest. How could young women working 12 to 14 hours a day,
seven days a week, sewing clothing for the largest multinational
corporations in the world, like Wal-Mart, be so poor that they had to
brush their teeth with their fingers using ashes from the fire because
they could not afford a toothbrush and toothpaste?
. . .
I cannot think of a single time when we asked for
help that Anita did not respond, whether it was contacting the media,
meeting with members of the British government, calling CEOs, funding
projects or going with us into the developing world where workers were
being exploited.
In fact, when Anita died,
we were in the midst of
planning another trip, this time to the Mosquito rain forest in
Honduras, to meet with the indigenous people who are being killed and
severely disabled diving under incredibly dangerous conditions to
harvest lobsters for the U.S. companies.
Anita would call us every
few weeks, wanting to be
updated and to discuss what she could do next. For us, these
calls were so uplifting and exciting that we started to let our staff
and interns listen in. Barbara and I could never get used to
this. We would almost have to pinch ourselves to see if it was
real that Anita could care so much about our work and be so genuinely
encouraging and ready to help. After all, we knew Anita was such
an important person, playing a huge role on the world stage. But
it was real, just as Anita was the only corporate executive who was
with the workers and students on the other side of the barricades being
tear-gassed during the great WTO protests in Seattle.
. . .
When we told Anita how the U.S.-Jordan Free Trade Agreement under the
Bush Administration has descended into human trafficking of foreign
guest workers, who were being held under slave labor conditions, she
immediately raised this with Queen Noor.
Anita made you feel
big. After all, our
big-sounding National Labor Committee has a staff of just four
people. Yet Anita made you feel like a real player. This is
what great people do. They light a spark in ordinary people like
us and lift them up. What also amazes us is that Anita did this
not just for the NLC, but for dozens and dozens of cutting edge human
rights and environmental organizations all across the world --
personally touching and uplifting thousands of activists....
.
It is our hope that the sparks that Anita lit in thousands of activists
across the world will continue to grow into a mighty flame, to make the
earth a saner, more caring and more just place.
In a separate tribute on its website, the United Steelworkers of
America calls Anita Roddick the "21st Century
Mother Jones."
*
* *
'We Must Find a Way To Hold Corporations Accountable'
"Abolish Sweatshops!" is the an article that
Anita Roddick published on her website
five years ago. Excerpts:
Here's something else people
generally don't know: the label on your
shirt, shoe, sports equipment, or handbag often has more rights and
protections than the child who sewed it in. Under current trade rules,
the label, the trademark, the logo, and the product are all protected
under enforceable intellectual property and copyright laws backed up by
sanctions. Every company says they could not operate in the global
economy without such rules and regulations. They tell you they need a
level playing field.
Yet when you ask these same corporations to extend reasonable
protections on the safety, dignity, and survival of those workers who
manufacture their exalted products, they respond: "That would be an
impediment to free trade." We need to rewrite these rules so that the
child has at least the same legal protections the product enjoys.
But boycotts are not the answer. Workers in the developing world
desperately need these jobs, and they are willing to work very hard;
only they want to be treated as human beings and not animals. We must
find a way to hold our corporations accountable, to respect human and
worker rights, and pay fair wages.
Integrating Corporations and Human Rights
One of the most important challenges of our time is to harness the
power of multinational corporations to serve the global common
good. If that is true, then John Ruggie, a professor at Harvard,
has one of the most important assignments of our time. For
two years now, Ruggie has been working as the UN Secretary General's
Special Representative on Business and Human Rights. His mandate
is to
produce a comprehensive UN position paper on the
proper role of
multinational
corporations in advancing human rights.
That subject has split the UN Commission on Human Rights (now the Human
Rights Council) ever since its advisory group of experts
in 2003 published a document titled "Norms on
the Responsibilities of
Transnational Corporations and Other Business Enterprises with regard
to Human Rights," or Norms for short. In the polarized debate
that followed, many human rights groups championed the Norms; organized
business vigorously condemned them.
Employers and some governments would have been pleased if the UN had
dropped the whole idea into a burn bag. Instead, in July 2005,
UN Secretary General Kofie Annan appointed Ruggie to assume the burden
of breaking the stalemate.
Ruggie mobilized a team of specialists to help him conduct
research on a wide rang of related issues and conduct consultations
with a
wide range of persons with a stake in those issues. He
has managed to deliver speeches and write articles to keep people
informed on what
he
was up to. Last month, in an essay published on the website of
the Ethical
Corporation, he discloses the framework he will use for his
conclusions, based on his mandate (as he put it) "to explore what
measures
governments,
business, and other social actors could take to improve corporate human
rights performance, and to recommend those options I believe would work
best."
Four Principles for an Overall Human
Rights Strategy
His findings so far, he writes, have "generated broad insights into how
to move ahead," which he summarized in "four guiding principles for the
mandate's recommendatory phase," that is, principles for an overall
strategy for integrating human rights and business.
The first of his principles: Any
strategy, to be successful, must
"must strengthen and build out from the existing capacity of states and
the states system to regulate and adjudicate harmful actions by
corporations -- not to undermine [that capacity]."
He concedes that working with and from the present system has "very
real
constraints." There is the hesitancy of national governments
to
take action. Moreover, "in the international arena states compete
for access to
markets and investment funds, which may impede their ability to act on
behalf of the international community's overall interests" (i.e., the
global common good).
But "conflating [the human rights duties of
corporations] with the obligations of governments undermines the social
roles of both." Distinguishing the roles of both will expose how
"the current system cannot possibly function as intended and where more
fundamental change, therefore, is required." (This analysis is
partly a rebuttal to what he considers the main flaw in the Norms, but
his conclusion about the need for change will not please the die-hard
opposition.)
The second principle: The
focus of the current debate on the liability
of individual corporations needs to be broadened, even replaced, by one
of "shared responsibility." As he has done before (see "Corporate
Shared
Responsibility"), Ruggie emphasizes that "the individual corporate
liability
model alone cannot fix larger imbalances in the system of global
government that create the permissive environment for human rights
abuses."
To Deal With System That Creates
Permissive Environment
Ruggie's third principle: "Many
elements of an overall strategy lie beyond the legal [or statutory]
sphere altogether." Here Ruggie invokes a warning expressed by a
human rights authority and Nobel prize-winning economist, Amartya
Sen: that treating rights primarily as "laws in waiting" {or only
as
what government demands) puts an undue limitation on social forces
other than statutory law that can advance the recognition of human
rights.
"The implication of Sen's insight for
the business and human rights agenda," Ruggie explains, "is that any
successful system needs to motivate, activate, and benefit from all of
the moral, social, economic, and legal rationales that can affect the
behavior of corporations. This requires incentives as well as
punishments, identifying opportunities as well as risks, and building
social movements and political coalitions that involve representation
from all relevant sectors of society, including business. This is
already occurring in the environmental field."
His fourth principle follows from the third: The distinction between voluntary and
mandatory measures, of which some of the protagonists in this debate
are so fond, itself has grown stale and unhelpful.
Societies cannot survive on voluntary rules alone, and "those that have
relied disproportionately on command-and-control regulation often have
been bad news for business and human rights alike."
Searching for the Right Mix That
Works
Summing up, he writes: "The challenge, clearly, is determining the
right
mix and balance, in which an objective assessment of what works, not
ideological preferences or particular interests, ought to determine the
course of action, as it will determine my recommendations."
Next June, when Ruggie will make his overall strategy more specific, he
will face an immediate test of what works: whether his proposal wins
acceptance by representatives of all relevant sectors of society,
including business. Though overshadowed by the Iraq war and the
U.S. Presidential campaign, this global drama needs to be watched more
closely than it now is.
Human Rights for Workers: Bulletin No.
XII-10 October 2007
http://www.senser.com
Robert A. Senser, editor
Copyright 2007
(Send e-mail)
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"Marcos --You are violating one of the most important tenets of economics, which is that consumers themselves are better judges of what they value than outsiders. And as I mention in my update, consumers obviously do value higher labor standards abroad."
Why Trade Pacts Ignore Consumer Safety