Staff members at AMRC are proud to publish a unique book on labour laws in our region and how they affect workers.

Early in 2000 AMRC published the Asia-Pacific Labour Law Review: 1999. It contained fifteen chapters (countries or regions) on labour law from Pakistan to Aotearoa/New Zealand. It was the first publication of its sort to range so widely; even so it covered only 15 countries. As an initial and exploratory undertaking, the product that resulted was a success.

Our latest publication, Asia Pacific Labour Law Review: Workers’ Rights For The New Century, consisting of almost 400 A4-size pages, includes chapters on the Pacific (Fiji, Papua New Guinea, Samoa, and Vanuatu). Across the rest of region from Pakistan to Japan, we have been able to include 26 chapters on almost every country (including virtual unknowns, North Korea and Bhutan).

With 30 countries and regions we believe that this coverage of Asia Pacific is the most comprehensive in print.
The editorial team does not need to go into the merits or otherwise of law, our analysis is expressed well in the opening paragraphs of the feature on China.

Rather than simply outline legal texts, the book attempts to document the impact of the law; a case of juxtaposing theory and practice. Of most importance were issues concerning the ability of workers to use the law, the implementation of those laws by the state or other bodies, and the degree of enforcement of the law.
With contributions from labour lawyers, academics, trade unionists, labour activists, and researchers, the spread of expertise was as broad as it was deep.

A number of key issues repeatedly surface throughout the chapters.

One of the uglier effects of liberalisation is a developing contest by countries to attract capital investment, often described as the ‘race to the bottom’, has led to an increase in flexible laws that enable easier hiring and firing, a huge escalation in casual work, the consequent decrease in permanent jobs, decline in trade union numbers and power, and widespread un- or under-employment.

Several clear trends emerge from the chapters: regulations are contradictory or ambiguous; laws do not cover all workers; other laws or government policies may annul labour laws; protective labour laws are under open attack; poor or no implementation or enforcement of laws; and repressive laws introduced by colonial powers readily adopted by national governments.

Business groups are obviously some of the key beneficiaries in rolling back labour laws, but they have willing accomplices in both conservative and labour governments around the region that have adopted the neo-liberal cant that free markets and a competitive (i.e. flexible) work-force are the keys to national wealth, economic security, and full employment.

Although not a specific theme of the book, one of globalisation’s key features has been increased flows of capital and people. Several chapters note that labour laws discriminate against migrants, both domestic and imported, particularly if the state defines them as illegal residents. Some regimes aim laws specifically at migrant labour, allowing undeniable exploitation, double standards, and by their very existence, blatant discrimination.
Poor or poorly enforced labour law is perhaps even more acute with regard to occupational safety and health (OSH) regulations. Some countries do not have OSH regulations at all. Others have a chaotic mess of laws and departments responsible for OSH, which means effective enforcement and protection is all but impossible.
The authors in this collection are unable to note every intricacy, anomaly, or other factor that characterises the law in the countries under review. We have outlined key themes and tried to give a flavour of changes and the impact on workers.

Whether it is wilful disregard for workers’ rights or the inability to enforce laws, the capacity for laws to protect workers is generally diminishing.

The four labour law features in this issue of ALU are edited versions of more comprehensive chapters in the book, and provide a good ‘taster’ for the other 26 chapters.

ALU salutes and thanks the writers featured here and all the other contributors to this very special publication.