The First Point of Consensus

1. All WTO member nations oppose abusive work place practices, through their approval of the United Nations Universal Declaration of Human Rights.

I have copied here the articles 23-25 which regard work place practices.

Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, I without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24:

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children 

I do believe that all WTO members do agree with the United Nations Universal Declaration of Human Rights. While the mission and actions of the WTO are in full accordance with the articles of the United Nations Universal Declaration of Human Rights, some agree that the WTO has a stronger role to play, and that they are not emphasizing some rights more than others, such as child labour. Mr. Vladimer Dlouh, Minister of Industry and Trade for the Czech Republic spoke at the Ministerial Conference at Singapore on December 13 1996:

"The Czech Republic has repeatedly advocated that the best way the WTO and its Members may contribute to raising standards around the world in areas like environment and working conditions is to promote democracy and prosperity through open and free trade and through increased adherence to the existing rules and disciplines. This is certainly true for both environmental and core labour standards. The Czech Republic is committed to enhancing core labour standards worldwide and is opposed to abuses of fundamental human rights such as forced labour and exploitation of child labour."

The controversy about the role of the WTO is due to two fundamental differences in how to achieve the successful implementation of these core human rights for everyone in the world. The WTO and its supporters believe that by promoting democracy and prosperity through open and free trade, this can be accomplished. Meanwhile some member states believe that protectionist standards should be implemented to secure these fundamental rights. The WTO does believe in the protection of unemployment, and here lies part of the controversy. WTO believes that imposing labour standards would only cause a flow of capital and labour, thus the countries following strict labour standards such as a minimum wage would loose capital to other countries.

Mr. Vitor Rodrigues Pessoa, Secretary for Economic Coordination stated at the Ministerial Conference in Singapore "The Government of Macau believes it to be rather unrealistic at this time to impose abrupt changes in working conditions in manufacturing sectors of developing countries, without putting employment at risk."

The question arises is it possible to enforce working conditions while stimulating the growth of developing countries. The focus is almost entirely on developing countries because almost all the member governments already have labour regulations in their respective country.

Henry F. Heald in his article Levelling the Playing Field states, "One problem facing labour today is that investment capital flows freely around the world and repression of labour unions attracts investment, said Benedict. "For example, if Malaysia improves working conditions, investment will flow to Indonesia. If Indonesia improves conditions, it will flow to China."

A social clause may help to counter these capital flows because strong labour unions create a good market for domestic products, said Benedict" The problem lies that the WTO considers social clauses to be protectionist, and interfering with the natural flow of the economy.

The WTO or the ILO do not want to enforce a minimum wage, and does it is hard to secure that everyone receives equal pay for equal work, especially when one factors in personal prejudices, biases, favoritism, racism, sexism, homophobia, etc. Even in countries such as the United States there is still not always equal pay for equal work, especially between men and women. Thus it is hard to advocate change, when not even the member countries have reached the equality called for by the UN's Universal Declaration of Human Rights. The Member goverments in the WTO who endorse labour standards ask for:

the freedom to bargain collectively,

freedom of association,

elimination of discrimination in the workplace and

the elimination of workplace abuse(including forced labour and (certain types of child labour).

 The main problem is the elimination of certain types of child labour. The UN's Universal Declaration of Human Rights clearly states that children should not work, and elementary education should be compulsory, yet the WTO and the ILO both realize that some developing countries rely on their child labour. Therefore the immediate goal should not be to eliminate child labour, but rather to eliminate the conditions that make child labour necessary for these countries.

Article 23, number 3 clearly states that everyone has the right to just and favourable remuneration supplemented, if necessary, by other means of social protection. Here lies the discontenting view for protectionism from the UN. Some will argue that government, business, powerful organizations such as the WTO should protect and ensure the lives of workers, and since the WTO deals with the global economy, they are responsible for the conditions of these workers. Capitalism creates a world of competition, and inequality, that will always remain. How best to prevent this inequality from forming or from becoming a global problem, such as poverty and overpopulation, is one of the questions that guides many organizations such as the World Bank. World Bank describes world poverty and inequality