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Advancing Respect for Labour Rights Globally through Public Procurement

Author

Listed:
  • Olga Martin-Ortega

    (School of Law, University of Greenwich, UK)

  • Claire Methven O'Brien

    (Human Rights and Development Department, Danish Institute for Human Rights, Denmark)

Abstract

Governments are mega-consumers of many manufactured products and services. As such they should in principle be able to influence workers’ rights abroad via the terms of purchase contracts. Yet to date little attention has been paid to the potential of public procurement to promote respect for labour rights globally besides the international trade law framework. Building on a limited emerging scholarship and policy developments, this article addresses this gap. Section 2 considers legal definitions of public procurement and distinguishes primary and secondary aims of procurement under key international and regional procurement regimes. This highlights that, although historically used to advance labour rights domestically, these regimes have restricted public buyers’ scope to advance labour rights beyond national borders. Section 3 explores new international policy frameworks on responsible global value chains and supply chains which by contrast appear to augur the greater use of public procurement to promote labour rights globally in future. Section 4 argues, supported by analysis of the limited examples available, that public buying has the potential to positively influence enjoyment of labour rights in practice. Concluding, Section 5 reflects on what the more specific impacts of public procurement in this context may be, and how public buying should complement other mechanisms for improving labour conditions across supply chains, such as social clauses in trade agreements. Finally, we outline issues for further research and the future policy agenda.

Suggested Citation

  • Olga Martin-Ortega & Claire Methven O'Brien, 2017. "Advancing Respect for Labour Rights Globally through Public Procurement," Politics and Governance, Cogitatio Press, vol. 5(4), pages 69-79.
    • Handle: RePEc:cog:poango:v:5:y:2017:i:4:p:69-79
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    References listed on IDEAS

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    1. Olga Martin†Ortega, 2017. "Human Rights Risks in Global Supply Chains: Applying the UK Modern Slavery Act to the Public Sector," Global Policy, London School of Economics and Political Science, vol. 8(4), pages 512-521, November.
    2. McCrudden, Christopher, 2007. "Buying Social Justice: Equality, Government Procurement, & Legal Change," OUP Catalogue, Oxford University Press, number 9780199232437.
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    Cited by:

    1. Ari Van Assche & Kristin Brandl, . "Harnessing power within global value chains for sustainable development," UNCTAD Transnational Corporations Journal, United Nations Conference on Trade and Development.
    2. Jan Orbie & Gerda Van Roozendaal, 2017. "Labour Standards and Trade: In Search of Impact and Alternative Instruments," Politics and Governance, Cogitatio Press, vol. 5(4), pages 1-5.
    3. Valentina De Marchi & Matthew Alford, 2022. "State policies and upgrading in global value chains: A systematic literature review," Journal of International Business Policy, Palgrave Macmillan, vol. 5(1), pages 88-111, March.
    4. Laura Treviño-Lozano, 2021. "Sustainable Public Procurement and Human Rights: Barriers to Deliver on Socially Sustainable Road Infrastructure Projects in Mexico," Sustainability, MDPI, vol. 13(17), pages 1-15, August.

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