Keywords
labor legislation
social dumping
cooperation
intervention and integration
How to Cite
Abstract
The labor agreements contained in the Free Trade Agreement between the United States of America and Colombia, Ecuador and Perú (pre AFTA) are similar to those already signed with Jordan, Singapore and Chile and near replicas of those in the Central America Free Trade Agreement (CAFTA) currently pending ratification by the U.S. Congress.
This FTA model, however, differs clearly from the treaty signed more than a decade ago with Mexico and Canada (NAFTA), particularly in its notable reduction of the protective labor regulations that safeguard commerce.
This article grew out of questions concerning the strength of our own labor legislation and practices in the face of a treaty which allows FTA counterparts to question them whenever they feel commerce is affected.
The answer to this question is, in part, comforting —the Colombian legal system has withstood attacks throughout its 200-year old history and the equal footing ensured all treaty participants will allow us to defend this system— but we cannot ignore the risks inherent in a country where decisions are most often made underthe duress of poverty.
This article highlights questions that emerged following the presentation of information to Colombian society by Colombian labor negotiators between August of 2004 and May of 2005.
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