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EU External Labor Governance: Pointing Fingers or Lending a Hand?

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US and EU External Labor Governance

Part of the book series: The European Union in International Affairs ((EUIA))

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Abstract

In line with the structure of the previous chapter, “EU External Labor Governance: Pointing Fingers or Lending a Hand?” is designed to illustrate how the EU promotes workers’ rights in Mexico, Morocco, and the Dominican Republic. Drawing on the analysis of the EU-Mexico GA, the EU-Morocco AA, the EU-CARIFORUM EPA, extensive interview data, and relevant documents, this chapter shows that EU external labor governance is characterized by mechanisms that address labor rights’ violations hierarchically and work on the enhancement of labor standards in a cooperative and horizontal manner. It furthermore reveals that the approach the EU relies on in practice is dominated by lending a hand rather than pointing fingers. The chapter concludes with a discussion on the generalizability of the case studies’ findings.

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Notes

  1. 1.

    The EU concluded further agreements with a trade component. For more information, see the European Commission website at http://ec.europa.eu/trade/policy/countries-and-regions/agreements/#_europe (accessed July 2016).

  2. 2.

    For more information, see the European Commission website at http://trade.ec.europa.eu/doclib/docs/2006/december/tradoc_118238.pdf (accessed July 2016).

  3. 3.

    There have been cases in which the EU’s insistence on including a human rights clause has prevented the conclusion of an agreement, such as with Australia and China (Riedel & Will, 1999, p. 744; Smith, 1998, p. 264).

  4. 4.

    The agreement encourages political cooperation in 29 sectors, including training and education, social matters, refugees, human rights, democracy, society of information, the battle against drugs, and poverty (Zabludovsky, 2001, p. 152) and is therefore considered broader than the NAFTA (De Lombaerde, 2003, p. 107).

  5. 5.

    Director General for Europe and Africa, Foreign Trade, Mexican Secretariat of Economy (personal interview, April 16, 2012).

  6. 6.

    Advisor of Information, EU Delegation in Mexico, European External Action Service (EEAS) (personal communication, February 28, 2012).

  7. 7.

    As an illustration, under Commitment 5 of the Social Declaration to “Achieve Equality and Equity between Women and Men,” a variety of labor rights is included. They concern quality jobs; basic rights and interests of workers; respect for relevant ILO conventions, including those on the prohibition of forced and child labor, the freedom of association, the right to organize and bargain collectively, and the principle of non-discrimination; policies and practices to ensure that women are enabled to participate fully in paid work and in employment; and the provision of quality child care and other support services. Available on the UN website at http://www.un.org/esa/socdev/wssd/text-version/agreements/decpartc.htm (accessed October 2014).

  8. 8.

    The UDHR is available on the UN website at http://www.un.org/en/documents/udhr/ (accessed October 2014).

  9. 9.

    In the context of the debate of an implicit or explicit reference to labor provisions, the question has come up whether “a specific mention of social human rights would run counter to the idea of the indivisibility of rights” (Riedel & Will, 1999, p. 744) as one could interpret this as though the EU believed that social human rights did not belong to the canon of universally recognized human rights.

  10. 10.

    See also European Commission (1996, p. 16) and European Parliament (1999).

  11. 11.

    See also Coordinator, Trade and Sustainable Development and GSP, Directorate-General for Trade (DG Trade) (personal interview, September 7, 2012); Director General for Europe and Africa, Foreign Trade, Mexican Secretariat of Economy (personal interview, April 16, 2012); Official, Trade and Sustainable Development and GSP, DG Trade (personal interview, May 24, 2013).

  12. 12.

    Coordinator, Trade and Sustainable Development and GSP, DG Trade (personal interview, September 7, 2012).

  13. 13.

    Official, Trade and Sustainable Development and GSP, DG Trade (personal interview, May 24, 2013).

  14. 14.

    Legal Officer, International Institute for Labor Studies (IILS), ILO (personal interview, August 7, 2012). Nevertheless, some doubts remain whether the human rights clause is meant to protect labor rights issues per se (see also Coordinator, Trade and Sustainable Development and GSP, DG Trade, personal interview, September 7, 2012).

  15. 15.

    Coordinator, Trade and Sustainable Development and GSP, DG Trade (personal interview, September 7, 2012).

  16. 16.

    In line with the lex generalis, Article 60 of the Vienna Convention, the suspension of a treaty by one party is permitted if the other party fails to respect an essential element of the agreement. This possibility therefore applies to EU agreements containing an essential element clause (Bartels, 2004, p. 380; Portela, 2010, p. 22).

  17. 17.

    For a detailed summary on the decision-making procedures regarding the implementation of various types of sanctions by the EU, see also Portela (2010, pp. 29–30).

  18. 18.

    This exclusive authorization of the European Council and the European Commission to react to human rights violations has been criticized by the European Parliament. It has therefore sought to extend the range of actors who would be entitled to take action under the human rights clause: This should include the European Parliament itself and individuals or groups active in the promotion of human rights (European Parliament, 1999, 2000, as cited in Bartels, 2004, p. 369).

  19. 19.

    Information on the EU sanction policy is available on the EEAS website at http://eeas.europa.eu/cfsp/sanctions/docs/index_en.pdf#2 (accessed October 2014); see also Kreutz (2005, p. 6).

  20. 20.

    See also Official, Trade and Sustainable Development and GSP, DG Trade (personal interview, May 24, 2013).

  21. 21.

    In 2000 and 2001, the Joint Council published two decisions in which it introduced a precise dispute settlement mechanism: Title V and Title VI, respectively, specify under what circumstances and how a dispute is to be resolved through specific measures. The human rights clause included in Article 1, however, is not covered by this mechanism (Director General for Europe and Africa, Foreign Trade, Mexican Secretariat of Economy, personal communication, March 27, 2013).

  22. 22.

    Legal Officer, IILS, ILO (personal interview, August 7, 2012); see also Coordinator, Trade and Sustainable Development and GSP, DG Trade (personal interview, September 7, 2012); Director General for Europe and Africa, Foreign Trade, Mexican Secretariat of Economy (personal communication, March 27, 2013); Official, Services and Investment, Bilateral Trade Relations, DG Trade (personal interview, September 13, 2012); Official, Trade and Sustainable Development and GSP, DG Trade (personal interview, May 24, 2013); and Bartels (2004).

  23. 23.

    The Final Act is available at http://www10.iadb.org/int/intradebid/DocsPdf/Acuerdos/UEMEX%20-%20Full%20Trade%20Agreement.pdf (accessed October 2014).

  24. 24.

    Even though this Communication refers to actions under the EU-Mediterranean agreements, it is also applicable to the EU-Mexico GA as the scopes of the essential element clauses are identical.

  25. 25.

    The EIDHR was first introduced in 1994 and amended in 2006 and 2014. As with the two previous regulations, the most recent one also requires the EU to provide assistance for the development and consolidation of democracy and the rule of law and of respect for all human rights and fundamental freedoms. This also comprises economic, social, and cultural rights, including CLS. Assistance can be provided independently of the consent of the governments and public authorities of third countries. Regulation (EU) No 235/2014 of the European Parliament and the Council establishing a financing instrument for democracy and human rights worldwide, available on the EIDHR website at http://www.eidhr.eu/files/dmfile/EIDHR.2014-2020.pdf (accessed November 2014).

  26. 26.

    The DCI was developed in 2006 and revised in 2014. The new DCI regulation – as the first – also refers to EU assistance in the field of labor rights (see also Ebert, 2016, p. 417). In Latin America, more precisely, the EU’s assistance is to support actions and dialog, giving priority among others to labor rights. This includes encouraging social cohesion, in particular social inclusion, decent work and equity, gender equality and women empowerment, and the respect for the ILO CLS. Regulation (EU) No 233/2014 of the European Parliament and of the Council establishing a financing instrument for development cooperation for the period 2014–2020, available on the EU website at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0233&from=EN

    (accessed November 2014).

  27. 27.

    This phenomenon has also been referred to as “hard measures by a soft power” (Kreutz, 2005).

  28. 28.

    For an analysis of the EU sanction policy between 1981 and 2004 in general see also Kreutz (2005).

  29. 29.

    Director General for Europe and Africa, Foreign Trade, Mexican Secretariat of Economy (personal interview, March 27, 2013); see also Official, Services and Investment, Bilateral Trade, DG Trade (personal interview, September 13, 2012); and Bartels (2005, p. 37).

  30. 30.

    Official, Services and Investment, Bilateral Trade Relations, DG Trade (personal communication, March 19, 2013); see also De Lombaerde (2003, p. 106).

  31. 31.

    Desk Officer for Mexico, EEAS (personal communication, August 14, 2013); Official, Services and Investment, Bilateral Trade Relations, DG Trade (personal communication, March 19, 2013); see also European Parliament and EU-Mexico Joint Parliamentary Committee Member (personal interview, August 3, 2012).

  32. 32.

    Among them are primarily problems in Mexico, such as the separation of power, security issues, and drug-related crime. The progress of the NAFTA-EU relationship as well as the future of the EU have furthermore been accorded importance (European Parliament and EU-Mexico Joint Parliamentary Committee Member, personal interview, August 3, 2012; Official, Services and Investment, Bilateral Trade Relations, DG Trade, personal interview, September 13, 2012).

  33. 33.

    Desk Officer for Mexico, EEAS (personal communication, August 14, 2013).

  34. 34.

    Desk Officer for Mexico, EEAS (personal communication, August 14, 2013).

  35. 35.

    The ILO Decent Work agenda aims to effect positive change in the lives of people at national and local levels. It includes four strategic objectives to reach this overall goal. These are the creation of jobs, guaranteeing rights at work, the extension of social protection, and the promotion of social dialog. Information available on the ILO website at http://www.ilo.org/global/about-the-ilo/decent-work-agenda/lang–de/index.htm (accessed October 2014).

  36. 36.

    The Joint Executive Action Plan is available on the EU website at http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/er/114467.pdf (accessed September 2014).

  37. 37.

    The search for best practices to improve labor conditions in Mexico is not limited to a view on the EU as a whole. Instead, Mexican authorities take into consideration successful practices of individual EU member states in order to obtain examples to enhance social development. These are for instance Sweden and Finland (Official, Assistance to Priority Groups Division, Mexican Secretariat of Social Development (Secretaría de Desarrollo Social de México), personal interview, April 17, 2012; Subdirector, Assistance to Priority Groups Division, Mexican Secretariat of Social Development, personal interview, April 17, 2012).

  38. 38.

    In addition to this formal exchange as part of the EU-Mexico GA, EU-Mexico cooperation exists under the G20. Dialog on social issues, however, has not been held between Mexico and the entire EU, but specifically between Mexico and Spain. Here, the responsible entity on the Mexican side is the Ministry of Foreign Affairs; on the Spanish side it is the Ministry of Labor (Coordinator of Human Rights and Environment, Confederación Revolucionaria de Obreros y Campesinios (CROC), personal interview, April 12, 2012).

  39. 39.

    Information available on the EU website at http://europa.eu/rapid/press-release_IP-01-1361_en.pdf (accessed September 2014).

  40. 40.

    Information available on the EU website at http://europa.eu/rapid/press-release_IP-01-1361_en.pdf (accessed September 2014).

  41. 41.

    The second Civil Society Forum took place in 2005 in Mexico DF, the third in 2008 in Brussels, the fourth in 2010 in Mexico DF, and the fifth in 2012 in Brussels. Information available on the EEAS website at http://eeas.europa.eu/mexico/civil_society/conference2012/background_en.htm (accessed October 2013) and on the EU website at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015IE1608&from=EN (accessed April 2016); see also Behrens and Janusch (2012, p. 382).

  42. 42.

    Desk Officer for Mexico, EEAS (personal communication, August 14, 2013); see also the EEAS websites at http://eeas.europa.eu/mexico/civil_society/conference2012/index_en.htm (accessed September 2014) and http://eeas.europa.eu/mexico/civil_society/conference2012/background_en.htm (accessed October 2014).

  43. 43.

    Official, Services and Investment, Bilateral Trade Relations, DG Trade (personal interview, September 13, 2012).

  44. 44.

    Information available on the EEAS website at http://eeas.europa.eu/mexico/civil_society/conference/forum_civil_society_mexico_2002.pdf (accessed October 2015).

  45. 45.

    Information available on the EEAS website at http://eeas.europa.eu/mexico/civil_society/conference2012/background_en.htm (accessed October 2014).

  46. 46.

    For the program of the fifth Civil Society Forum see the EEAS website at http://eeas.europa.eu/mexico/civil_society/conference2012/docs/agenda_en.pdf (accessed September 2014).

  47. 47.

    2012 Joint Statement of the Civil Society Dialogue is available on the EEAS website at http://eeas.europa.eu/mexico/civil_society/conference2012/docs/2013_relatoria_y_recomendaciones_v_foro_ue-mexico_es.pdf (accessed October 2014).

  48. 48.

    Advisor, External Relations, Latin America, ETUC and EU-CARIFORUM Consultative Committee Member (personal interview, June 21, 2013); Desk Officer for Mexico, EEAS (personal communication, August 14, 2013).

  49. 49.

    Advisor, External Relations, Latin America, ETUC and EU-CARIFORUM Consultative Committee Member (personal interview, June 21, 2013).

  50. 50.

    Advisor, External Relations, Latin America, ETUC and EU-CARIFORUM Consultative Committee Member (personal interview, June 21, 2013); Desk Officer for Mexico, EEAS (personal communication, August 14, 2013).

  51. 51.

    Information available on the EEAS website at http://eeas.europa.eu/mexico/civil_society/conference2012/background_en.htm (accessed October 2014).

  52. 52.

    For more information on the EESC, see the EESC website at http://www.eesc.europa.eu/?i=portal.en.about-the-committee (accessed October 2014).

  53. 53.

    The opinion of the European and Economic Social Committee (EESC) is available on the EU website at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015IE1608&from=EN (accessed April 2016).

  54. 54.

    Advisor, External Relations, Latin America, ETUC and EU-CARIFORUM Consultative Committee Member (personal interview, June 21, 2013); Desk Officer for Mexico, EEAS (personal communication, August 14, 2013).

  55. 55.

    On the EU Development Cooperation with Latin America in general, see also Freres (2000).

  56. 56.

    Official, EU Delegation in Mexico, EEAS (personal communication, July 16, 2013).

  57. 57.

    Information available on the European Commission website at http://ec.europa.eu/europeaid/documents/case-studies/mexico_civil-society_chiapas_en.pdf (accessed October 2014).

  58. 58.

    Official, EU Delegation in Mexico, EEAS (personal communication, July 16, 2013).

  59. 59.

    Information available on the European Commission website at https://ec.europa.eu/europeaid/projects/mujeres-y-ninas-empleadas-del-hogar-en-la-defensa-y-promocion-de-sus-derechos-en-la_es (accessed October 2015).

  60. 60.

    See also the Centro De Derechos Humanos Fray Matias De Cordova Ac Asociacion website at http://cdhfraymatias.org/fray5r/quienes-somos/antecedentes/ (accessed October 2015).

  61. 61.

    Official, Geographic Coordination for Nicaragua, Mexico and Central America, Directorate-General for International Cooperation and Development (DG DEVCO) (personal interview, May 22, 2013).

  62. 62.

    Official, EU Delegation in Mexico, EEAS (personal communication, July 16, 2013).

  63. 63.

    Official, Geographic Coordination for Nicaragua, Mexico and Central America, DG DEVCO (personal interview, May 22, 2013).

  64. 64.

    This agreement expired in 1999. It was only in 2005 when a new and “substantially scaled-down” (Dawson, 2009, p. 57) fishery agreement was signed by Morocco and the EU.

  65. 65.

    Policy Coordinator, External Relations, Neighborhood Policy, Enlargement and Instrument for Pre-accession Assistance (IPA), Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL) (personal interview, May 23, 2013).

  66. 66.

    The need for such a reference might be explained by the steady labor migration particularly after World War II when Moroccan migrants were mobilized as a labor force in the reconstruction of Europe’s productive infrastructure (Lacomba & Escala Rabadán, 2013, p. 168).

  67. 67.

    It is noteworthy that the provisions of Chapter I do not apply to nationals of the parties who are residing or working illegally in their host countries (Art. 66).

  68. 68.

    Even if one considers the essential element clause on democracy and human rights as a condition rather than an obligation and therefore outside the non-compliance clause, there are at least two counter arguments against this interpretation. One refers to the obligations under the Barcelona Declaration which constitutes a relevant context for the interpretation of EU-Mediterranean Association Agreements and includes undertakings regarding human rights and democracy. The other counter argument is derived from a clause which states that a breach of the agreement is, for instance, a grave violation of essential elements. As only obligations can be breached, the essential elements clause apparently constitutes an obligation (Bartels, 2004, p. 380).

  69. 69.

    In 2011, the EU and Morocco established an agreement on a dispute settlement mechanism which refers to disputes concerning the free movement of goods. It does not, however, apply to any other issues beyond goods. The agreement is available on the EU website at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52011AP0132&from=EN

    (accessed June 2014).

  70. 70.

    Council Regulation (EC) No 1488/1996 on financial and technical measures to accompany (MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership, available on the EU website at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:31996R1488&rid=3

    (accessed November 2014).

  71. 71.

    Objectives of the EU assistance under the ENPI also include the protection of labor provisions, such as supporting policies to promote social development; social inclusion; gender equality; non-discrimination; employment and social protection including protection of migrant workers; social dialog; and respect for trade union rights and CLS, including on child labor (Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighborhood and Partnership Instrument, available at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32006R1638&from=EN (accessed November 2014).

  72. 72.

    Policy Coordinator, External Relations, Neighborhood Policy, Enlargement and IPA, DG EMPL (personal interview, May 23, 2013).

  73. 73.

    Desk Officer for Morocco, EEAS (personal communication, October 10, 2012); Policy Coordinator, External Relations, Neighborhood Policy, Enlargement and IPA, DG EMPL (personal interview, May 23, 2013).

  74. 74.

    Desk Officer for Morocco, EEAS (personal interview, May 29, 2013).

  75. 75.

    An Action Plan defines the EU’s partner country’s agenda for political and economic reforms and reflects its needs and capacities, as well as the interests of the partner country and the EU. Information available on the EEAS website at http://eeas.europa.eu/enp/documents/action-plans/index_en.htm (accessed October 2014).

  76. 76.

    See the 2005 EU-Morocco Action Plan, available on the ENPI website at http://www.enpi-info.eu/library/content/eu-morocco-enp-action-plan (accessed October 2014).

  77. 77.

    The Joint EU-Morocco Document on the Strengthening of Bilateral Relations is available on the ENPI website at http://www.enpi-info.eu/library/sites/default/files/feuillederoute-sa_fr.pdf (accessed November 2014).

  78. 78.

    Desk Officer for Morocco, EEAS (personal interview, May 29, 2013); Official, External Relations, Euromed, EESC (personal interview, May 21, 2013). On the signing of the Memorandum of Understanding see also the EESC website at http://www.eesc.europa.eu/?i=portal.en.news.24112 (accessed November 2014).

  79. 79.

    Desk Officer for Morocco, EEAS (personal interview and communication, May 29, 2013).

  80. 80.

    Information available on the ENPI website at http://www.enpi-info.eu/medportal/news/latest/35640/EU-and-Morocco-adopt-new-Action-Plan-2013-2017 (accessed September 2014).

  81. 81.

    The Decision No 7/2001 EU-Morocco Association Council is available on the EU website at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:22001D0321&from=EN (accessed September 2014).

  82. 82.

    While the Working Group on Social Affairs and Migration is considered the main institution to deal with labor rights issues between Morocco and the EU, another working group established by the Association Council in 2006 ((2006/672/EC) Decision No 1/2006), the so-called Subcommittee on Human Rights, Democratisation and Governance, can attend such issues as well (Desk Officer for Morocco, EEAS, personal interview, May 29, 2013; see also Van Hüllen, 2012, p. 120).

  83. 83.

    Desk Officer for Morocco, EEAS (personal communication, May 29, 2013); Policy Coordinator, External Relations, Neighborhood Policy, Enlargement and IPA, DG EMPL (personal interview, May 23, 2013).

  84. 84.

    Policy Coordinator, External Relations, Neighborhood Policy, Enlargement and IPA, DG EMPL (personal interview, May 23, 2013, personal communication, May 24, 2013).

  85. 85.

    For the conclusion of the Euro-Mediterranean Employment and Labor Ministers Conference see the EEAS website at http://www.eeas.europa.eu/euromed/conf/employment_health_conclusions_1108_en.pdf (accessed September 2014).

  86. 86.

    Official, External Relations, Euromed, EESC (personal interview and communication, May 21, 2013).

  87. 87.

    Advisor, External Relations, Middle East and Mediterranean Area, ETUC (personal interview, June 4, 2013); Official, External Relations, Euromed, EESC (personal interview, May 21, 2013); see also the ENPI website at http://www.enpi-info.eu/mainmed.php?id_type=10&id=56 (accessed September 2014).

  88. 88.

    Already after the signing of the EU-Morocco AA, the EU has been keen to obtain more information on the situation of social and labor rights in Morocco as part of a broader project on the Mediterranean region. Therefore, it supported a comparative analysis between 1999 and 2003 of social security systems and labor legislations in several countries. This project was conducted by European experts such as the ETUC as well as experts from the Arab world (Advisor, External Relations, Middle East and Mediterranean Area, ETUC, personal interview, June 4, 2013).

  89. 89.

    In the framework of the MDP, the EU financed 46 projects in Morocco between 1996 and 2000; 32 of them at the bilateral and 14 at the regional level. Labor provisions have also been addressed through these initiatives such as through a project on the protection of children in the context of child labor in Morocco (Haddadi, 2002, pp. 161, 164).

  90. 90.

    Information available on the EU websites at http://europa.eu/rapid/press-release_IP-02-1685_en.htm?locale=en and http://ec.europa.eu/europeaid/documents/case-studies/morocco_femme_fr.pdf (accessed November 2014).

  91. 91.

    Information available on the ENPI website at http://www.enpi-info.eu/medportal/news/latest/35903/Morocco:-New-EU-funded-project-to-boost-regional-development-through-better-working-conditions-for-female-agricultural-workers (accessed November 2014).

  92. 92.

    Information available on the European Commission website at https://ec.europa.eu/europeaid/sites/devco/files/publication-compendium-promoting-human-rights-worldwide-2000-2006_en_0.pdf (accessed November 2014).

  93. 93.

    Advisor, External Relations, Middle East and Mediterranean Area, ETUC (personal interview, June 4, 2013); Project Manager, External Relations, ETUC (personal interview, October 28, 2013).

  94. 94.

    Official, Geographic Coordination for Morocco, DG DEVCO (personal interview and communication, May 23, 2013).

  95. 95.

    Official, EU Delegation in Morocco, EEAS (personal interview, May 27, 2013); Official, Geographic Coordination for Morocco, DG DEVCO (personal interview and communication, May 23, 2013); see also the EEAS website at http://eeas.europa.eu/delegations/morocco/documents/more_info/newsletters/april_2013_trait_d_union_n_198_fr.pdf (accessed October 2014).

  96. 96.

    Official, EU Delegation in Morocco, EEAS (personal interview, May 27, 2013).

  97. 97.

    Desk Officer for Morocco, EEAS (personal interview, May 29, 2013); Official, EU Delegation in Morocco, EEAS (personal interview, May 27, 2013); Official, Geographic Coordination for Morocco, DG DEVCO (personal interview, May 23, 2013); Program Manager, EU Delegation in Morocco, EEAS (personal interview, May 27, 2013).

  98. 98.

    The GATT is available on the WTO website at http://www.wto.org/english/docs_e/legal_e/gatt47_e.pdf (accessed November 2014).

  99. 99.

    The EBA is a special application of the EU’s Generalized System of Preference (GSP) for least developed countries: It offers them duty-free and quota-free access to the EU market, aiming to strengthen their development through exports (see also Faber & Orbie, 2009b, p. 767).

  100. 100.

    Information available on the Foreign Trade Information System of the Organization of American States website at http://www.sice.oas.org/TPD/CAR_EU/CAR_EU_e.asp (accessed March 2015).

  101. 101.

    In line with the new approach of the European Commission to include Decent Work in its development policy (European Commission, 2006), the EU-CARIFORUM EPA is the first EU agreement which explicitly refers to the concept of Decent Work and the 1998 ILO Declaration of Fundamental Principles and Rights at Work in its labor provisions (Ebert & Posthuma, 2011, p. 14).

  102. 102.

    Information available on the Foreign Trade Information System of the Organization of American States website at http://www.sice.oas.org/TPD/CAR_EU/CAR_EU_e.asp (accessed March 2015).

  103. 103.

    This obligation is thus limited to the ILO CLS and does not refer to other ILO conventions (Schukat, 2008, p. 7).

  104. 104.

    Therefore, the EPA does not oblige the parties to enforce their national social and labor laws. Nevertheless, as most countries have ratified the ILO CLS, they are required to enforce them domestically (Schukat, 2008, p. 7).

  105. 105.

    The possibility of recourse to mediation is deemed an original provision in the context of EU agreements (Lazo Grandi, 2009, p. 19).

  106. 106.

    If the parties are not able to agree on a mediator, the CARIFORUM-EC Trade and Development Committee, a joint committee consisting of officials from both parties, is to select a mediator by lot from the pool of individuals (Art. 205.2).

  107. 107.

    It is to be composed of three arbitrators (Art. 207.1) selected from a list of 15 individuals established by the CARIFORUM-EC Trade and Development Committee (Art. 221).

  108. 108.

    In urgent cases such as with perishable and seasonal goods, the arbitration panel is to make every effort to notify its ruling within 75 days and no later than 90 days (Art. 209.2).

  109. 109.

    Pursuant to Article 216.2, any meeting of the arbitration panel is to be conducted in public. This is deemed “a further particular and novel regulation” (Lazo Grandi, 2009, p. 20).

  110. 110.

    If there is a disagreement on the period of time, the arbitral panel can be requested to notify a reasonable period of time (Arts 211.2–3).

  111. 111.

    The possibility provided by the EU-CARIFORUM EPA to take sanctions in case of non-compliance with labor provisions has been deemed “unique” (Ebert & Posthuma, 2011, p. 14) among EU agreements.

  112. 112.

    In contrast to, for instance, the EU-South Korea and the EU-Central America FTA, the EU-CARIFORUM EPA allows the general dispute settlement agreement to be applied to issues relating to labor provisions, with the exception of suspending concessions (Bartels, 2013, p. 310).

  113. 113.

    Given that Article 213.2 states that trade concessions cannot be used for labor disagreements (see also Ebert & Posthuma, 2011, pp. 13–14), it is argued that if the outcome from the panel is negative, there are rarely any other alternatives than “blaming and shaming” (Kerremans & Martins Gistelinck, 2009b, p. 310).

  114. 114.

    As the EU-CARIFORUM EPA is part of the Cotonou Agreement, enforcement mechanisms provided in the Cotonou Agreement can undoubtedly also be applied if labor-related clauses are violated by the EPA countries. These mechanisms include consultations which eventually can lead to “appropriate measures” in accordance with Article 96 of the Cotonou Agreement (Kenner, 2011, p. 199; Kerremans & Martins Gistelinck, 2009b, pp. 307–308).

  115. 115.

    The Trade and Development Committee established in the EU-CARIFORUM EPA enjoys a broad mandate to discuss sustainable development issues in contrast to, for instance, the Trade and Sustainable Development Board established in the EU-Central America FTA (Bartels, 2013, p. 309).

  116. 116.

    Moreover, pursuant to Article 231, the EU-CARIFORUM EPA establishes the CARIFORUM-EC Parliamentary Committee, which is defined as a forum for members of the European Parliament and the CARIFORUM states’ legislatures in which they can meet and exchange views.

  117. 117.

    Possibilities for labor-related cooperation are also provided in the context of the Cotonou Agreement. These mechanisms can also be used for the EU-CARIFORUM EPA. To illustrate, the parties agree pursuant to Article 8 that fundamental labor rights are to be part of a structured political dialog between them (Kerremans & Martins Gistelinck, 2009b, p. 307).

  118. 118.

    Father Hartley wrote a similar statement also to the Directorate-General for Agriculture and Rural Development (DG AGRI) (Christopher Hartley, Founder and President, Clarkson-Montesinos Institute, personal communication, April 14, 2013).

  119. 119.

    Letter by Christopher Hartley to the spokesperson for Trade at the European Commission (dated August 14, 2009) (Christopher Hartley, Founder and President, Clarkson-Montesinos Institute, personal communication, April 14, 2013).

  120. 120.

    Letter by the Cabinet of Commissioner Catherine Ashton to Christopher Hartley (dated September 15, 2009) (Christopher Hartley, Founder and President, Clarkson-Montesinos Institute, personal communication, April 21, 2013).

  121. 121.

    Information available on the Clarkson-Montesinos Institute website at http://clarkson-montesinos.org/ (accessed November 2014).

  122. 122.

    Letter by Christopher Hartley to Karel de Gucht (dated April 4, 2013) (Christopher Hartley, Founder and President, Clarkson-Montesinos Institute, personal communication, April 14, 2013).

  123. 123.

    Executive Director, Clarkson-Montesinos Institute (personal interview, March 6, 2014).

  124. 124.

    Official 1, EPA with ACP, DG Trade (personal interview, April 28, 2013).

  125. 125.

    Official 2, EPA with ACP, DG Trade (personal interview, April 29, 2014); Official 3, EPA with ACP, DG Trade (personal interview, April 29, 2014). See, for instance, the counter report of the Dominican sugar industry (2013), available at http://www.dominicansugar.org/uploads/DSI_Reponse_to_DOL_Report.pdf (accessed November 2014).

  126. 126.

    Official 1, EPA with ACP, DG Trade (personal interview, April 28, 2013).

  127. 127.

    Official 1, EPA with ACP, DG Trade (personal interview, April 28, 2013).

  128. 128.

    Official 2, EPA with ACP, DG Trade (personal interview, April 29, 2014); Official 3, EPA with ACP, DG Trade (personal interview, April 29, 2014).

  129. 129.

    Director General, CARIFORUM Directorate, CARICOM Secretariat (personal interview, March 28, 2013).

  130. 130.

    Information available on the European Commission websites at http://trade.ec.europa.eu/doclib/docs/2012/april/tradoc_149286.pdf and http://ec.europa.eu/agriculture/developing-countries/acp/cariforum_en.pdf (accessed November 2014); see also Legal Analyst, Foreign Trade and Administration of Trade Agreements, Dominican Ministry of Industry and Trade (personal communication, March 25, 2013).

  131. 131.

    In addition to the Joint CARIFORUM-EC Council and the CARIFORUM-EC Trade and Development Committee, the Parliamentary Committee and the Special Committee on Customs Cooperation and Trade Facilitation held their inaugural assemblies in 2011. Information available on the European Commission website at http://trade.ec.europa.eu/doclib/docs/2012/april/tradoc_149286.pdf; on the European Parliament website at http://www.europarl.europa.eu/delegations/de/dcar/home.html; and on the CARICOM website at http://www.caricom.org/jsp/pressreleases/press_releases_2011/pres466_11.jsp (accessed November 2014).

  132. 132.

    Director General, CARIFORUM Directorate, CARICOM Secretariat (personal interview, March 28, 2013).

  133. 133.

    Official 1, EPA with ACP, DG Trade (personal interview, April 28, 2013); see also Official, Geographic Coordination for the Caribbean Region, DG DEVCO (personal interview, May 22, 2013).

  134. 134.

    Director General, CARIFORUM Directorate, CARICOM Secretariat (personal interview, March 28, 2013, personal communication, April 8, 2013). This resonates with the experiences made during cross-national dialog in the context of the Cotonou Agreement (Kerremans & Martins Gistelinck, 2009b, p. 316).

  135. 135.

    Information on the EU-CARIFORUM summit is available on the EU website at http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/er/114479.pdf (accessed November 2014).

  136. 136.

    The EU-CARIFORUM Joint Partnership Strategy is available on the EU website at http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/133566.pdf (accessed November 2014).

  137. 137.

    Moreover, representatives from both sides have been in contact through alternative channels to hold discussions on topics of mutual interest, including for instance freedom of association. Among them is the regional ACP-EU Follow-Up Committee, set up by the Cotonou Agreement, composed of 12 EESC members and 12 representatives of ACP economic and social interest groups. Every year, the EESC also organizes a meeting in one of the ACP countries to which around 150 people from economic and social interest groups are invited. Topics related to labor rights have been dealt with in these meetings, though not specifically with regard to the Dominican Republic as freedom of association and labor rights in the Caribbean generally seem to be less of a challenge than in other ACP countries (Official, External Relations, International Trade, EESC, personal interview and communication, May 24, 2013). Nonetheless, it is a major priority for the EU to strengthen civil society in the CARIFORUM region by helping to develop a formal regional civil society organization similar to the model of the EESC (Senior Policy Officer, Association of World Council of Churches Related to Development Organisations in Europe and EU-CARIFORUM Consultative Committee Member, personal interview, November 26, 2014); see also the EESC website at http://www.eesc.europa.eu/?i=portal.en.africa-caribbean-pacific (accessed November 2014).

  138. 138.

    Official, Geographic Coordination for the Caribbean Region, DG DEVCO (personal interview, May 22, 2013).

  139. 139.

    Official, External Relations, International Trade, EESC (personal interview, May 24, 2013).

  140. 140.

    Official, Geographic Coordination for the Caribbean Region, DG DEVCO (personal interview, May 22, 2013); see also Official 1, EPA with ACP, DG Trade (personal interview, April 28, 2013).

  141. 141.

    Information and Public Education Specialist, CARICOM Secretariat, CARIFORUM Directorate, EPA Implementation Unit (personal communication, July 24, 2012).

  142. 142.

    Advisor, External Relations, Latin America, ETUC and EU-CARIFORUM Consultative Committee Member (personal interview, June 21, 2013); Official, External Relations, International Trade, EESC (personal interview, May 24, 2013); Official 1, EPA with ACP, DG Trade (personal interview, April 28, 2013); Policy Coordinator, External Relations, Neighborhood Policy, Enlargement and IPA, DG EMPL (personal interview, May 24, 2013).

  143. 143.

    Official, External Relations, International Trade, EESC (personal interview and communication, May 24, 2013).

  144. 144.

    Official, External Relations, International Trade, EESC (personal interview, May 24, 2013).

  145. 145.

    Director General, CARIFORUM Directorate, CARICOM Secretariat (personal interview, March 28, 2012).

  146. 146.

    Official, External Relations, International Trade, EESC (personal interview, May 24, 2013).

  147. 147.

    Advisor, External Relations, Latin America, ETUC and EU-CARIFORUM Consultative Committee Member (personal interview, June 21, 2013).

  148. 148.

    Official, External Relations, International Trade, EESC (personal interview, May 24, 2013).

  149. 149.

    Senior Policy Officer, Association of World Council of Churches Related to Development Organisations in Europe and EU-CARIFORUM Consultative Committee Member (personal interview, November 26, 2014). The program of the EU-CARIFORUM Consultative Committee meeting is available on the EESC website at http://www.eesc.europa.eu/?i=portal.en.events-and-activities-cariforum-jcc-1-programme (accessed November 2014).

  150. 150.

    The Joint Statement is available on the EESC website at http://www.eesc.europa.eu/?i=portal.en.events-and-activities-cariforum-jcc-1-statement.33929

    (accessed November 2014).

  151. 151.

    The Joint Statement is available on the EESC website at http://www.eesc.europa.eu/?i=portal.en.events-and-activities-cariforum-jcc-1-statement.33929 (accessed November 2014).

  152. 152.

    Senior Policy Officer, Association of World Council of Churches Related to Development Organisations in Europe and EU-CARIFORUM Consultative Committee Member (personal interview, November 26, 2014).

  153. 153.

    Information available on the European Commission website at http://trade.ec.europa.eu/doclib/docs/2008/october/tradoc_140977.pdf (accessed November 2014).

  154. 154.

    The EDF constitutes the main source of EU development aid for ACP countries and overseas territories. Each EDF which covers periods of several years is directly financed by the EU countries. It has its own financial regulation and is managed outside the framework of the EU’s general budget. Information available on the European Commission website at http://ec.europa.eu/budget/biblio/documents/FED/fed_en.cfm (accessed November 2014). In several ACP countries the EDF was suspended due to violations of the essential element clauses (Smith, 1998, p. 264).

  155. 155.

    Information on the implementation instruments for the Cotonou Agreement is available on the EEAS website at http://eeas.europa.eu/delegations/sierra_leone/eu_sierra_leone/political_relations/partnership_framework/acp_eu_agreement/index_en.htm (accessed November 2014).

  156. 156.

    Trade Officer, EU Delegation in the Dominican Republic, EEAS (personal communication, April 27, 2012); Official 1, EU Delegation in the Dominican Republic, EEAS (personal communication, April 27, 2012).

  157. 157.

    Parliamentary question (dated September 24, 2008) and answer on behalf of the European Commission (dated November 4, 2008), available at http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=E-2008-5105&language=PL (accessed November 2014).

  158. 158.

    See also letter by the Cabinet of Commissioner Catherine Ashton to Christopher Hartley (dated September 15, 2009) (Christopher Hartley, Founder and President, Clarkson-Montesinos Institute, personal communication, April 21, 2013).

  159. 159.

    Parliamentary question (dated September 24, 2008) and answer on behalf of the European Commission (dated November 4, 2008), available at http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=E-2008-5105&language=PL (accessed November 2014).

  160. 160.

    The DG DEVCO is responsible for formulating EU development policy and defining sectoral policies in the field of external aid. It aims to reduce poverty in the world, to ensure sustainable economic, social, and environmental development, and to promote democracy, the rule of law, good governance, and the respect of human rights. Information available on the European Commission website at https://ec.europa.eu/europeaid/sites/devco/files/devco-mission_statement_en_0.pdf (accessed November 2014).

  161. 161.

    Official 2, EU Delegation in the Dominican Republic, EEAS (personal interview and communication, June 19, 2013); see also Official, Geographic Coordination for the Caribbean Region, DG DEVCO (personal interview, May 22, 2013). A regional project referring to similar challenges as defined in the BAM, namely obstacles to labor rights and struggles of Haitian migrant workers in the Dominican Republic, was conducted by the EU in collaboration with the ILO between 2011 and 2014 (Official 3, EU Delegation in the Dominican Republic EEAS, personal interview, July 3, 2013, personal communication, September 6, 2013).

  162. 162.

    See also the ISCOS website at http://www.iscos.eu/chi-siamo/vision-e-mission/ (accessed November 2014).

  163. 163.

    Official 3, EU Delegation in the Dominican Republic, EEAS (personal interview, July 3, 2013, personal communication, September 6, 2013); President, Confederación Nacional de Trabajadores Dominicanos (CNTD) (personal interview, June 5, 2014); Secretary General, CASC (personal interview, June 5, 2014).

  164. 164.

    Information on the 11th EDF is available on the EEAS website at http://eeas.europa.eu/development-cooperation/docs/national-indicative-programme_2014-2020/2014-2020_national-indicative-programme_domenican-republic_en.pdf (accessed November 2014).

  165. 165.

    Official, Geographic Coordination for the Caribbean Region, DG DEVCO (personal interview, May 22, 2013).

  166. 166.

    Official 3, EU Delegation in the Dominican Republic, EEAS (personal interview, July 3, 2013).

  167. 167.

    Coordinator, Trade and Sustainable Development and GSP, DG Trade (personal interview, September 7, 2012); see also Van den Putte et al. (2013, p. 45).

  168. 168.

    See also Legal Officer, IILS, ILO (personal interview, August 7, 2012).

  169. 169.

    Advisor, External Relations, Latin America, ETUC and EU-CARIFORUM Consultative Committee Member (personal interview, June 21, 2013); Desk Officer for Morocco, EEAS (personal interview, May 29, 2013); Director General for Europe and Africa, Foreign Trade, Mexican Secretariat of Economy (personal interview, April 16, 2012); Official, Bilateral Trade Relations, Desk Morocco, DG Trade (personal communication, September 11, 2012).

  170. 170.

    Senior Legal Officer, NORMES, ILO (personal interview, July 20, 2012).

  171. 171.

    Official 1, EPA with ACP, DG Trade (personal interview, April 28, 2013).

  172. 172.

    See also Legal Officer, IILS, ILO (personal interview, April 14, 2011).

  173. 173.

    See also Senior Legal Officer, NORMES, ILO (personal interview, July 20, 2012).

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    Myriam Oehri

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Oehri, M. (2017). EU External Labor Governance: Pointing Fingers or Lending a Hand?. In: US and EU External Labor Governance. The European Union in International Affairs. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-49301-5_3

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