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SOCIAL JUSTICE

Women's Rights in Iraq Social Justice and
Trade Unionism Why do Human
Rights Matter to Business ?
Amnesty International Request
Workfare in the USA Prison Work
Social Justice and Trade Unionism You may wonder, what does social justice have to do with Trade Unionism,
or even you, for that matter? The short answer is "a lot". Read
on for a slightly longer answer. What is Social Justice? Social
justice is a human notion that within our societies we must strive to be
"fair" with one another. No matter where you live on this planet, no matter
your age, your occupation, your political persuasion, your gender- (you get
it!) everyone has an idea of what it means to be socially just. There are
about as many ideas as there are people. OK, so it's good to have so
many different ideas, right? Well, yes, ideally, it's good
to have so many different ideas. As intangibles, ideas can just be fodder for
an interesting albeit long-winded conversation. However, ideas are the basis for establishing laws and organizational policies that
greatly impact the majority of people. The impact of laws and organizational
policies don't simply effect how we live, (as if that isn't enough), they
also effect how we feel and what we think about ourselves and other people
around us. Who are the lucky people whose ideas become the basis
for establishing laws and organizational policies? History tells us
that the "lucky people" are not necessarily those who make just
decisions. For example, Adolph Hitler's ideas were the basis for
sweeping policies and laws that resulted in tragedy for countless people.
History also tells us that the "lucky people" don't necessarily make smarter
decisions than the rest of us. Even though former President Clinton was a
Rhodes Scholar, and, by the way, did substantial work for the labor cause,
his decision to embark on the Lewinsky affair was at the least, not smart.
One thing is for sure, those people whose ideas become the basis for
establishing laws or organizational policies, are not merely lucky. Mother
Theresa, Mahatma Gandhi, Martin Luther King, Karl Marx, Nelson Mandela and
countless other famous and infamous people cared enormously about their
ideas. They worked hard and even risked their lives to promote their ideas.
So, what exactly is the connection between Trade Unionism and Social
Justice? Some of the people who worked hard and risked their lives to
promote their ideas, are the founders of Trade Unionism. Their ideas ran
counter to a late nineteenth-century notion that was based on Charles
Darwin's theory of evolution. The basic theory is that only the fittest
animals survive. The weak animals usually become prey to the smartest, or
strongest. Since humans are animals, many of the wealthy class of people
justified their power and privilege in this way. They believed, like those of
royal lineage, that they and their families were born as superior humans.
Many early industrialist and wealthy lawmakers subscribed to this elitist
attitude. The laws of our country and the policies of corporations reflected
and enforced their ideas. What did these elitist's care, if children were doing
backbreaking work for 11 hour days, 6 days a week? So what, if people were
degraded or arbitrarily fired for requiring bathroom or food breaks?
Who cared if people risked their life or limb, or permanently disabled
themselves in their daily work? (See
http://www.lutins.org/labor.html
for labor history.)
Trade Unionism was initially promoted by a few conscientious and brave
people, wealthy and poor, who did care. They cared enough about social
justice to take a stand against the laws and policies that essentially
enslaved the labor force. Ultimately, people like Mary Harris ("Mother")
Jones, August Spies, Albert Parsons, Eugene Debs, and Frank Little generated
a labor movement that was powerful enough to change the laws of this country
and subsequently corporate policies.
What are some social justice issues involving the labor movement of
today?
Certainly, there are current social justice issues in the labor movement in
the United States and elsewhere in the world. For those skeptics, who naively believe that unions have
outlived their usefulness, check on the
Unite or
LabourStart web-sites. If you are
one of those people who don't believe what happens to laborers outside of the
U.S., matters to you, take a second look. What were traditionally U.S. jobs
are landing anywhere and everywhere that labor is not organized, and you can
bet you will find plenty of social injustice.
Articles on Social Justice... Why do Human Rights matter to Business?
Amnesty International Request... Workfare in the U.S. Prison Labor
Why do human rights matter to business?
As the
Business Group of Amnesty International (UK) puts it: "The global
economy offers unprecedented opportunities to business. Transnational
companies are investing in and sourcing from an ever-increasing number of
emerging markets. These opportunities bring with them serious threats to
business - operating in conflict zones, under regimes with a weak rule of law
where human rights are violated, where corruption is rife".
Human rights violations destabilise the investment climate. At stake are
employee safety, company assets, project viability and corporate reputation.
As the influence of global companies grows in the world economy, and as their
impact on the societies in which they work deepens, it is becoming evident
that their licence to operate and their reputation depend on their
acceptability to society at large.
Respect for human rights is at the core of this acceptability. Without a firm
commitment to upholding international human rights standards, companies are
exposing themselves to risk. A framework of international standards exists in
the
Universal Declaration of Human Rights and
core labour standards of the International Labour Organisation which can help
companies shape their human rights principles and practice.
How does Amnesty International work towards these objectives?
Amnesty International establishes a dialogue with companies through
business groups in
country-level sections. This work is
coordinated by the Business and Economic Relations Network (BERN). Please see
also AI's publication 'Human
Rights are Everybody's Business' (POL34/008/2002).
Does Amnesty International write a code of conduct for a company?
No. But Amnesty International provides Human Rights Principles for Companies
(ACT
70/001/1998) which lists the principles companies should bear in
mind to develop a code of conduct. The principles also include other
international standards, conventions and protocols which apply to companies.
Does Amnesty International provide human rights training to companies?
Not at present.
Does Amnesty International assess risk for multinational companies?
No, but Amnesty International (UK) and the Prince of Wales International
Business Leader Forum (IBLF) collaborated to produce a series of
seven detailed maps, which depict where
human rights abuses and violations exist and where leading North America and
European Multinational companies are at risk of being associated with
them.The collection of maps A geography of corporate risk
covers the extractive, food and beverages, pharmaceutical and chemical,
infrastructure and utilities, heavy manufacturing and utilities, defence and
IT hardware and telecommunications sectors.
Amnesty International Request for NGOs to support the Draft Norms for
Transnational Corporations and Other Business Enterprises at the next meeting
of the UN Sub-Commission for the Promotion and Protection of Human Rights
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Office of the High Commissioner for
Human Rights, Geneva
© AI |
Dear friends,
We are writing to you to request your support for the Draft Norms for
Transnational Corporations and Other Business Enterprises [Eng|Fr]
being developed at the Sub-Commission for the Promotion and Protection of
Human Rights at the United Nations.
The process leading up to the drafting of the norms has been open and
transparent. The norms provide a comprehensive and authoritative statement of
the obligations on companies in relation to human rights. They draw on
existing international law, but provide greater specificity in setting out
the manner in which companies are responsible for the protection of human
rights, labour rights, and the environment.
Amnesty International believes that the adoption of the Draft Norms will set
a precedent and will be an important step towards the overall goal of
developing binding legal norms for the corporate sector in relation to human
rights.
There are a number of different initiatives to develop principles, codes of
conducts, etc, to guide corporate behaviour. We believe the draft norms offer
a comprehensive set of standards, and that as many NGOs as possible ought to
support the early adoption of the norms and then concentrate on measures to
ensure they are disseminated widely and implemented. Although the draft norms
when adopted will not be binding in a strict sense, they will have
considerable influence as a "soft law" standard.
Over the last decade, as the international economic environment has become
more conducive to foreign direct investment and liberalization of
international trade of goods and services, civil society organizations,
including Amnesty International, have noted with concern the absence of a
regulatory framework that could encompass non-state actors, particularly
economic actors. The absence of such a framework is regarded by some to be at
the heart of international protests targeting economic actors and market-led
globalization.
As states have deregulated their economies, and privatized functions
traditionally performed by the state to private companies, (transnational,
multinational or domestic), a lacuna has emerged. Even though states have the
primary responsibility to promote and protect human rights, transnational
corporations and other business enterprises, are also responsible for
promoting and securing the human rights set forth in the Universal
Declaration of Human Rights. Transnational corporations and other business
enterprises are further obliged to respect generally recognized principles
and norms in UN and other international instruments, such as the
International Covenants on Civil and Political Rights and on Economic, Social
and Cultural Rights, the ILO Declaration on Fundamental Principles and Rights
at Work and its Follow-up, and emerging guidelines, like the OECD Guidelines
for Multinational Enterprises apply to companies within the framework of OECD
membership.
Nevertheless, there remains a gap at the global level. It is this very gap
that the Norms, seek to fill. They have been drafted so as to apply to all
transnational corporations and other business enterprises.
By including corporations in all forms, the principles are fair, in not
singling out any particular form of business entity for special scrutiny.
Amnesty International's experience in dialogue with non-state actors has
shown that responsibility for human rights protection extends to all actors,
state and non-state, domestic and international.
Amnesty International has already urged the UN Sub-Commission to
unequivocally support the principles. To build momentum in this regard, it is
of great importance that CSOs around the world support the initiative. CSOs
already supporting the norms include Christian Aid, FIDH, Human Right
Advocates, Human Rights Watch, and Lawyers Committee for Human Rights, OMCT,
the Prince of Wales International Business Leaders Forum, and Pax Romana. In
the common struggle to make corporations legally accountable for their human
rights, labour and environmental impact, the norms represent a critical
building block.
It is fair to point out that there is some resistance to these norms.
Objection to the norms comes from two main sources - one is some
organisations from the business community (International Chamber of Commerce
and International Organisation of Employers), which believe that the norms
are not in keeping with the spirit of voluntary initiatives and the corporate
social responsibility movement. We disagree with the view that voluntary
initiatives alone are sufficient.
The other source critical of the Norms is represented by a few civil society
organisations, such as the American Association of Jurists and the European
Third World Centre (CETIM). Their contention is that the Norms are a
significant step backwards in the struggle for corporate accountability,
believing that because the norms are a "soft law" instrument (e.g. not a
formal treaty) they will undermine efforts to ensure binding legal
obligations are recognised. Again, we respectfully disagree. While the norms
are, strictly-speaking non-binding, they are rooted in international law, and
as they are disseminated and used by advocates will greatly assist in efforts
to strengthen legal accountability.
What the Draft Norms need now is support and universal recognition.
To sum up, the current situation is this: The Sub-Commission has adopted
Resolution 2002/8 that requests that the draft norms be widely circulated,
recommends that the relevant Working Group and the Sub-Commission continue
efforts to explore possible mechanisms for implementing the draft norms. The
Sub-Commission has also recommended the establishment of a group of experts,
a special rapporteur or a working group to receive information; and invited
members of the WG and in particular the authors of the commentary on the
norms on responsibilities to continue working on the commentary so that it
might serve as a reference for the practical implementation and further
development of the draft norms.
We request your vocal support for the norms, and would be happy to provide
you with any further information that you might need.
Please click here for the
French |
Spanish |
Arab version of the above letter.
If your organisation would like to join us in supporting the Draft Norms
for Transnational Corporations and Other Business Enterprises at the next
meeting of the UN Sub-Commission for the Promotion and
Protection of Human Rights (28 July - 15 August 2003), please contact:
amasci@amnesty.org
WORKFARE IN THE USA
by Ray Goforth
There have been many significant changes that have occurred in the American
economy since the early 1970's. Taken collectively, these changes are often
referred to as the birth of the post- industrial economy. One of the ways in
which our society has chosen to deal with the resulting stresses of this
massive change in the labor market has been to devolve social welfare
programs from the federal government to the individual states. In August of
1996, President Clinton signed a welfare reform law that abolished
Aid to Families with Dependent Children (AFDC) and replaced it with a new
"Temporary Assistance for Needy Families" (TANF) block grant program to the
states.
Workfare Requirements:
Under the TANF regime, states have a great deal of freedom over how to
structure their welfare programs. However, every program must contain a
workfare provision that requires aid recipients to participate in "community
service" within two months of receiving benefits and to be working within two
years. TANF recipients are currently required to work 20 hours per week
(increasing to 25 in 1998 and 30 in 2000).
Workfare participants are not actually paid a wage but instead continue to
receive their welfare benefits in exchange for fulfilling their required work
allotment. As a result, the workfare "wage equivalent" varies depending upon
the size of the welfare grant (which vary state by state) and the required
work hours (the federal guidelines constitute a floor, not a ceiling upon how
many hours can be required).

The Problem:
The TANF guidelines do not define whether workfare participants are
"employees" when placed in "work activities." As a consequence, it is
entirely unclear what workplace protections those on workfare enjoy. For
example, some states have paid workfare participants the minimum wage while
others have not. Some states have recognized the right of workfare
participants to join unions while others have denied this right.
Previous welfare laws explicitly stated whether recipients were covered by
the Fair Labor Standards Act (minimum wage). The 1996 welfare bill signed by
President Clinton failed to do so. This omission gave birth to an array of
different payment levels for TANF workfare participants that ranged from
decent-but-low pay to a post-industrial indentured servitude wage equivalent
to 96 cents an hour. In May 1997, the White House announced that workfare
participants should receive the minimum wage but many states have expressed
their intention not to comply until directed to do so by the courts.
Congressional Republicans are said to have drafted a minimum-wage exception
for workfare participants which they will attempt to pass as soon as
possible.
The second major issue that arises from workfare participants' unsettled
status has been confusion over whether they can form and join unions. New
York state agencies have ruled that people on workfare are not employees and
cannot be represented by a union. In contrast, the state of Alaska allowed
the American Federation of State, County and Municipal Employees to organize
300 workfare workers because they were performing substantially similar work
to jobs already covered by an existing union contract. It is unanswered what
would have happened had the state of Alaska opposed this organizing effort.
Even if workfare participants can form and join unions, it is still
unclear just what those unions would be empowered to bargain for. Because
workfare participants are paid with a welfare check, union organizers are
uncertain if they can bargain over wages. The only successful organizing
actions to date have concerned working conditions. In New York City, the
Parks Department has refused to provide gloves, coats and sanitary facilities
to its 5000 workfare workers. The New York City Health and Hospitals
Corporation assigned workfare participants to handle biological and toxic
waste without training or safety gloves. Not surprisingly, ACORN has
persuaded 6500 of New York's 35,000 workfare participants to sign union
authorization cards. In Los Angeles, organized (but not unionized) workfare
workers performing janitorial work at County-USC Hospital protested working
conditions and won new uniforms and an employee discount at the hospital
cafeteria. The Alaskan AFSCME won its workfare members increased training and
pledges to move them into permanent government jobs.
Why this Matters for Labor/Management Relations:
As the TANF program currently stands, workfare constitutes a direct
assault upon the balance of power between management and labor in the United
States. Congress has created a new class of worker who is all but exempt from
the protections afforded others and is (probably) legally prohibited from
organizing to better their lot.
Many governments have already taken advantage of workfare to displace
their regular low-wage workforce. The city of Baltimore has replaced an
estimated 1000 regular workers with workfare "trainees" who earn less than
the minimum wage. The Baltimore public school system alone has 208 "custodial
trainees" who earn the equivalent of $1.50 an hour. Johns Hopkins University
only reversed its plan to replace union workers with workfare participants
after protests that drew crowds of more than 1000 people.
Perversely, the displacement of regular low-wage workers with workfare
participants has the effect of recycling workers back into the TANF welfare
program. Those workers who currently hold low-wage jobs but are not on
welfare may find themselves replaced by workfare participants and forced on
welfare themselves. Those workfare participants who manage to find "real
work" (non- workfare) will be constantly menaced by the possibility that they
too might be replaced by a cheap and docile workfare participant.
Such a dilemma befell Hadie Hartgrove who was laid-off from her part-time
custodial job with the Naussau County government. As a result, she ended up
on welfare. With irony so thick you could walk across it, Ms. Hartgrove's
workfare assignment turned out to be her old job, with far less pay and no
benefits.
Conclusion:
As so often happens in the world outside of Congressional strategy
sessions, the Workfare program has had the opposite effect of what it was
intended to accomplish. Rather than empower welfare recipients to learn job
skills and find a productive niche in our economy, it has created a class of
Americans who are forced to work for sub-minimum-wage, are denied the right
to organize, and may not enjoy the benefits of still other employee
protections available to the rest of the American workforce. Moreover, the
institutionally created disabilities upon workfare participants have negative
spill-over effects upon other workers.
The availability of a sub-minimum-wage labor pool will undoubtedly have a
stabilizing if not depressing effect upon wages for comparable positions that
as of yet are not filled by workfare participants. Unionized employers may
not feel the same compulsion to bargain with their workers knowing that there
is a bottomless pool of "trainees" who they can draw upon. And as noted
previously in this article, some employers are simply eliminating union jobs
in favor of workfare trainees. The current workfare program assaults both the
dignity and human rights of the workfare participants and should be an
embarrassment to every American.

PRISON WORK
By Lawrence W. Reed
Imagine a company that pays its workers as little as 25 cents an hour and
often charges more for its goods than any of its competitors, even though it
pays no taxes or dividends. The marketplace would put it out of business
before it got off the ground, probably before government regulators even
found out about it.
Yet, such a firm does exist. It's not a private one operating in a free
market. It's a half billion dollar government enterprise that wants to get
bigger, at the expense of taxpayers and the jobs of workers in the private
sector. Welcome to the world of Federal Prison Industries, Inc., or FPI-a
unit of the U.S. Justice Department.
More than 22,000 inmates in over 100 of the nation's correctional
facilities make up the captive work force of FPI. They make clothing,
electronic and vehicle components, industrial items and dozens of other
products including one of crucial significance to the economy of west
Michigan-office furniture. That industry is reeling from a soft economy and
if FPI has its way, west Michigan furniture workers are going to get hit
again.
The idea of convicts working at something while serving their time is a
laudable one. States often employ them to maintain and refurbish the very
facilities which house them, or to produce goods and services for sale to
each other, or to keep roadsides free of litter. But FPI is controversial
because there's much more to it than prisoners keeping busy and out of
trouble.
FPI enjoys preferential treatment in government contracts. Indeed,
"monopoly" more aptly fits the status it enjoys. Federal law since 1934
designates FPI as a mandatory supplier to the federal government, which means
that federal agencies must purchase from FPI; private firms that sell the
same or similar products are cut out altogether, unless FPI itself grants a
waiver.
This monopoly status puts FPI in an extraordinary position. It determines
whether its products for sale and its own delivery schedule actually meet the
needs of the purchasing agency. If a federal agency wants something, and FPI
makes it, FPI sets the terms. Agencies are even prevented from conducting
market research to find out if private industry can supply them with a better
and cheaper product.
U.S. Senator Carl Levin points out that "many federal agencies have been
forced to purchase products that cost more, and perform less well, than
products that are available to the rest of us in the commercial marketplace."
He cites the General Accounting Office, which compared FPI prices for 20
representative products to prices for identical or comparable products in the
catalogs of private vendors. For almost half of the products reviewed, FPI
charged a higher price than most or all of the private vendors-who (unlike
FPI) must pay taxes to governments, dividends to shareholders, and market
wages to employees. When federal agencies made those costly purchases, they
did so with taxpayer dollars.
Such poor policies and practices do harm even to the federal government's
core responsibility-providing efficient and effective national defense. The
U.S. Navy testified that what it buys from FPI is "inferior, costs more, and
takes longer to procure" than comparable goods produced by the private
sector. When the armed services have to spend more than necessary for desks
or electronic components for weapons systems, they have less to spend for
planes or bullets.
Without congressional intervention, FPI is poised for significant
expansion. It now claims, without citing any statutory authority, that it can
offer its goods in the private marketplace to firms that do business with the
government. It also claims it can sell services (like packaging or data
entry) in the private marketplace without limitation.
Legislation offered by Congressman Peter Hoekstra (R-Holland) would
address the problem by requiring FPI to compete for federal contracts and
prohibiting the agency from selling in the private marketplace. His bill, HR
1577, would also enhance public oversight of (and tighten the standards for)
any future FPI expansion plans.
Unfair competition from privileged agencies of government is nothing new,
but when it comes from prisoners doing time because they broke the law at the
expense of taxpaying, law-abiding citizens, both fairness and economics
demand that something be done about it.
Side note for your information.....
In Kentucky, more than 2,000 prisoners work in community service outside
of prisons. Daviess County claims to have saved more than $600,000 in 1994 by
using prisoners to do menial government work. Mason County says it saved
$200,000 by using prisoners at their recycling center. They pay $1.25 per
day. Statewide, jail prisoners earn $1.25 a day, and prison prisoners earn 75
cents a day on average. Some prisoners get other rewards for volunteering:
weekend furloughs, face-to-face visits, and sometimes smoking on the job.
If you are interested in social justice issues, related to labor or
not, check out the following web-sites. If you have any sites you would like
to suggest, contact us via e-mail,
cyndihack@aol.
Jobs with Justice
Economic Policy Institute
Labor Net
A. Phillip Randolph Institute
Social
Justice E-Zine
The Newspaper Guild
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