In just the past several years, U.S. industry has proposed and accepted a rash of codes. In 1996 Labor Secretary Robert Reich launched a "No Sweat" campaign designed to force foreign garment makers to comply with U.S. labor laws and to expose retailers who might be purchasing garments made under sweatshop conditions. This was followed by the widespread publication of a Labor Department "Trendsetter" list of retailers that had publicly agreed to "demonstrate a commitment" to U.S. labor laws and to monitor the working conditions under which their garments were produced. In August 1996 the White House established an Apparel Industry Partnership, which devised a workplace code of conduct defining decent and humane working conditions, applicable to all participating companies as well as to their overseas contractors. To ensure that the code became more than a public relations exercise, members of the Partnership also proposed that the code's adherents open their facilities to periodic inspections by independent monitors. Even more striking is Social Accountability 8000, an ambitious attempt to compel firms to comply with a certifiable set of labor and human rights standards, launched last year by the Council on Economic Priorities and a group of influential companies. SA8000 rests on market acceptance, not legal coercion. Firms would comply with the standards and the monitoring necessary to ensure compliance simply to win certification. Already, the retail giants Toys 'R' Us and Avon have announced their intent to demand that all their suppliers become SA8000-certified.
It is easy, perhaps, to be cynical about these codes. Prominent critics such as Louis Henkin of Columbia Law School have charged that they carry less weight than legal standards and lack bite. But it is not clear that such skepticism is warranted. In fact, codes of conduct have already begun to be a significant factor in the pursuit of human rights. By changing the calculus of U.S. firms doing business abroad, codes can change their behavior.
In just the past several years, U.S. industry has proposed and accepted a rash of codes. In 1996 Labor Secretary Robert Reich launched a "No Sweat" campaign designed to force foreign garment makers to comply with U.S. labor laws and to expose retailers who might be purchasing garments made under sweatshop conditions. This was followed by the widespread publication of a Labor Department "Trendsetter" list of retailers that had publicly agreed to "demonstrate a commitment" to U.S. labor laws and to monitor the working conditions under which their garments were produced. In August 1996 the White House established an Apparel Industry Partnership, which devised a workplace code of conduct defining decent and humane working conditions, applicable to all participating companies as well as to their overseas contractors. To ensure that the code became more than a public relations exercise, members of the Partnership also proposed that the code's adherents open their facilities to periodic inspections by independent monitors. Even more striking is Social Accountability 8000, an ambitious attempt to compel firms to comply with a certifiable set of labor and human rights standards, launched last year by the Council on Economic Priorities and a group of influential companies. SA8000 rests on market acceptance, not legal coercion. Firms would comply with the standards and the monitoring necessary to ensure compliance simply to win certification. Already, the retail giants Toys 'R' Us and Avon have announced their intent to demand that all their suppliers become SA8000-certified.It is easy, perhaps, to be cynical about these codes. Prominent critics such as Louis Henkin of Columbia Law School have charged that they carry less weight than legal standards and lack bite. But it is not clear that such skepticism is warranted. In fact, codes of conduct have already begun to be a significant factor in the pursuit of human rights. By changing the calculus of U.S. firms doing business abroad, codes can change their behavior.
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