ABSTRACT
The debate surrounding the issue of including certain types of labour standards, collectively referred to as a ‘social clause’, into multilateral free-trade negotiations has recently attracted much public attention. Labour standards can be defined loosely as any rule or regulation adopted by a government that affects some aspect of the labour market. These policies cover a wide range of social and political issues, such as maternity leave, unemployment insurance, time lost from work, minimum working age requirements, safe working conditions, and collective bargaining. As of 1994, 168 countries, including close to 98 per cent of the world’s population, were members of the International Labour Organization (ILO), which is responsible for formulating and implementing these standards, or conventions, worldwide. Member countries of the ILO are free to choose whether or not to ratify a convention. However, once they ratify the convention, they are required to apply the convention in industrial legislation and ‘to submit to supervision by the appropriate ILO bodies’ (ILO 1994). Supervision is carried out to ensure that the obligations assumed are continually fulfilled. In 1994, the number of ILO conventions stood at 174, with the average member country having ratified thirtyfour standards, applied mostly through industrial legislation. More than 120 countries have signed conventions dealing with basic labour rights, such as freedom from forced labour, freedom to organize and bargain collectively, and equal remuneration for equal work.
