[Congressional Record Volume 141, Number 89 (Friday, May 26, 1995)]
[Extensions of Remarks]
[Page E1137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


      PROTECTING THE RIGHTS OF WORKERS OVERSEAS HELPS U.S. WORKERS

                                 ______


                           HON. BARNEY FRANK

                            of massachusetts

                    in the house of representatives

                         Thursday, May 25, 1995
  Mr. FRANK of Massachusetts. Mr. Speaker, one of the areas where we 
must as a country do a better job is trying to diminish the disparity 
in respect for the rights of workers that exist between our country and 
many other countries which would trade with us. There will inevitably 
be differences in the cost structure of manufacturing in different 
countries, especially in those that are in different states of 
development. But any cost disadvantage which we face should not be 
exacerbated by situations in which workers in less developed countries 
are deprived of fundamental rights to organize or to advocate for their 
own legitimate self-interest.
  We should be insisting as part of our international economic policy 
that nations which seek favorable treatment from us as recipients of 
assistance, or as participants in open trade agreements which they will 
find advantageous, provide a framework in which the legal rights of 
workers in those countries are fully respected.
  An example of the relevance of this recently came to my attention in 
a letter sent by AFL-CIO President Lane Kirkland to the co-Prime 
Minister of the Royal Cambodian Government. In this letter, Mr. 
Kirkland objects quite legitimately to provisions in the labor law 
which is about to be promulgated in Cambodia. I ask that Mr. Kirkland's 
letter to the Cambodian Government be printed here, as an example of 
the kind of reasonable action we should be taking in the area of 
international workers rights, both as a matter of fairness, and as a 
way of preventing undue deterioration through competitive pressures in 
the rights of workers in America.
         American Federation of Labor and Congress of Industrial 
           Organizations,
                                      Washington, DC, May 5, 1995.
     H.E. Norodom Ranariddh,
     H.E. Hun Sen,
     Co-Prime Ministers, Royal Cambodian Government, Council of 
         Ministers, Phnom Penh, Kingdom of Cambodia.
       Your Excellencies: As the leader of the America's national 
     trade union confederation and its 14 million members, I write 
     to express my concerns about the failure of Cambodia's 
     current draft labor law to meet international labor standards 
     in several key areas. I strongly urge you to take immediate 
     action in the appropriate deliberative body to revise 
     Articles 281, 306, and 377 of the draft to bring them into 
     compliance with the relevant International Labor Organization 
     (ILO) Conventions.
       The current version of Article 281 clearly fails to comply 
     with ILO Convention 87, which guarantees workers the most 
     fundamental protection, freedom of association. As now 
     written, the draft Article requires all employee associations 
     to affiliate with government-established national 
     federations. We wish to point out to your Excellencies that 
     such a requirement not only violates international standards, 
     but it is also contrary to Articles 36 and 41 of the Cambodia 
     Constitution which guarantee Cambodian citizens the right to 
     freely associate and form employee organizations, including 
     trade unions, of their own choosing.
       Freedom of association is the most vital component for the 
     establishment of a modern, peaceful, stable, and 
     representative industrial relations system; such a system 
     will put Cambodia on the path to sustainable economic 
     development. By taking a far-sighted view and amending 
     Article 281, Your Excellencies will make a decision that 
     would provide a stable, dynamic environment to help guarantee 
     foreign investment that benefits both the Cambodian people 
     and the investors. Moreover, guaranteeing freedom of 
     association will be praised by the international community 
     and improve Cambodia's chances of meeting requirements for 
     receiving trade benefits from the United States including GSP 
     and OPIC. As you may know, technical assistance in crafting 
     an amended Article 281 provision is available from the 
     Cambodia office of the Asian-American Free Labor Institute 
     (AAFLI), the AFL-CIO's Asia institute.
       We also urge you to bring Articles 306 and 377, key worker 
     protection provisions in the code, into compliance with 
     international norms. Failing to provide basic worker rights 
     in these areas will not only create difficulties in 
     international fora, like the ILO, but will also endanger the 
     lives and livelihoods of Cambodian workers.
       We certainly understand the importance of Most Favored 
     Nation (MFN) status, Generalized System of Preferences (GSP), 
     and Overseas Private Investment Corporation (OPIC) trade 
     benefits to assist the development of Cambodia, and do not 
     take lightly the needs of your country, which is still 
     suffering the effects of over 20 years of war. As I'm sure 
     you know, we continue to support the provision of 
     international assistance to Cambodia by the U.S. and other 
     countries.
       However, if the Royal Cambodian Government decides to pass 
     a labor law that fails to guarantee freedom of association in 
     accordance with international standards, the AFL-CIO will 
     oppose the granting of GSP and OPIC benefits to Cambodia and 
     work with the Congress and the Clinton Administration to that 
     end. Furthermore, we would also work with our friends in the 
     international labor movement to consider other actions as 
     necessary.
       Since there is still time before this draft code comes 
     before you and the Cabinet, I urge Your Excellencies 
     personally intervene to amend Articles 281, 306, and 377 and 
     bring them into compliance with the relevant ILO Conventions.
       Thank you for your attention to our concerns and I look 
     forward to hearing from you in the near future.
           Sincerely,
                                                    Lane Kirkland,
                                                        President.
     

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