SALVADOR DECLARATION

ANNEX-JOINT DECLARATION CEATAL-COSATE

PLAN OF ACTION

ANNEX-FEASIBILITY
STUDY


 

SALVADOR PLAN OF ACTION

1. We, the Ministers of Labor of the Americas, gathered in the city of Salvador, State of Bahia, Federal Republic of Brazil, on September 24, 25 and 26, 2003, on the occasion of the Thirteenth Conference of Ministers of Labor of the Organization of American States (OAS), commit ourselves to implement the following Plan of Action:

A. IMPLEMENTATION OF THE PLAN OF ACTION: ORGANIZATION

2. The Chair Pro Tempore of the Thirteenth Inter-American Conference of Ministers of Labor (Brazil) in collaboration with the former Chair (Canada) and the future Chair (Mexico), with the support of the Technical Secretariat of the OAS and in consultation with the representatives of the Trade Union Technical Advisory Council (COSATE), the Business Technical Advisory Committee on Labor Matters (CEATAL), and the Permanent Technical Committee on Labor Matters (COTPAL), will be responsible for promoting the implementation of the Plan of Action and for improving collaboration and cooperation with the social and labor forums constituted in the various trade liberalization and integration initiatives in the Americas, and with the relevant regional and international organizations, such as the Organization of American States (OAS), International Labor Organization (ILO), Economic Commission for Latin America and the Caribbean (ECLAC), Pan American Health Organization (PAHO), Inter-American Development Bank (IDB), Caribbean Development Bank (CDB), the Corporación Andina de Fomento (CAF), the Central American Bank of Economic Integration (CABEI), and the World Bank.

B. IMPLEMENTATION OF THE PLAN OF ACTION: RESOURCES

3. Member states should devote the available economic, technical, and logistical resources to implement the Plan of Action and to encourage the participation of COSATE and CEATAL. In addition, the Chair Pro Tempore will invite the relevant regional and international organizations to make voluntary contributions to support activities and projects included in this plan, and to facilitate the participation of said worker and employer organizations.

C. IMPLEMENTATION OF THE PLAN OF ACTION: WORKING GROUPS

4. Participation in the Working Groups will be open to all Member states, as well as COSATE and CEATAL. The Chair Pro Tempore will seek the means to ensure the active participation of all the member states and the social partners (i.e. the most representative employers' and workers' organizations) in the implementation of the Plan of Action.

WORKING GROUP 1: LABOR DIMENSIONS OF THE SUMMIT OF THE AMERICAS PROCESS

5. The Working Group will continue examining the topic of globalization in relation to employment and labor, to follow up on those issues that have been already identified as requiring major effort on behalf of the member states and intensifying collaboration and hemispheric cooperation in the search for better shared solutions, with strong emphasis on the integration of economic and social policies in the national, regional, and subregional spheres.

6. In particular, the Working Group will undertake the following activities:

a) Based on the work accomplished by the XI and XII IACML on different regional agreements and institutions addressing labor standards in the context of integration, and the continued study of labor provisions in emerging free trade agreements, elaborate options emphasizing cooperation, to allow for a better implementation of labor commitments, laws and policies, including through an increase in the capacity of Labor Ministries;

b) Conduct further enquiry into the effects of economic integration on labor markets and labor policy, the necessary methods for studying these topics and the means to enable Labor Ministries in smaller economies to undertake such analyses.

c) Develop the institutional means to structure coordination and collaboration to strengthen Labor Ministries' capacity to carry out their functions. To this end, commission a feasibility study, with recommendations to be brought forward for the consideration of the XIV IACML;

d) To analyze conditions for creating a mechanism to promote decent work and strengthen training to help reduce differences between regions and improve conditions for competitiveness in our countries.

e) Extend invitations to senior officials from relevant ministries, as appropriate, to attend the IACML seminars, workshops, and Working Group meetings when agenda items address topics of cross-cutting nature. Ministries of Trade and Ministries of Education were identified in this regard by the Working Group;

f) Continue to encourage the active participation of CEATAL, COSATE and key international organizations in the work of the Conference regarding the labor dimensions of the Summit of the Americas process; and

g) Convey the contents of this report to Trade Ministers in response to the request in their Quito Declaration of November 2002.

7. The Working Group will consider, as a basis for the development of its mission, the knowledge, results and recommendations that arose from the activities carried out by its predecessors, as well as studies and information that can contribute to the accomplishment of its objectives. In that regard, the group will be attentive, inter.alia, to the work and recommendations that may arise from the ILO's World Commission on the Social Dimensions of Globalization. The Working Group will prepare a report containing recommendations for consideration at the XIV Conference. These activities will serve as a basis for the adoption of policies and programs intended to reduce or eliminate the decent work deficit in the countries of the Hemisphere.

WORKING GROUP 2: BUILDING CAPACITIES OF LABOR MINISTRIES

8. Working Group 2 will follow-up on the efforts of its predecessors in the development of new mechanisms to increase the capacity of the Ministries of Labor, with a particular focus on responding to the challenges of globalization and integration and free trade processes, as well as increasing the efficiency of the policies and actions directed to the promotion of decent work, the improvement of working conditions, and promotion of the labor principles embodied in the ILO Declaration on Fundamental Principles and Rights at Work. The central objective of this group is to develop tools to support ministries of labor -- structure, legal framework, functions, administration, interaction with the surrounding environment --- for the execution of an active role in the contemporary world and in the future. In this regard, we grant special importance to the continuation and deepening of the regional programs for development, strengthening and modernization of labor administrations, that the ILO, OAS and other organizations design and implement in the hemispheric area.

9. The Working Group should consider, in their activities, the input offered by its predecessors. The cooperation and collaboration among the Ministries of Labor, the OAS, ILO, ECLAC, PAHO, IDB, CDB, CAF, CABEI and the World Bank have a strategic significance for obtaining the desired effects, in particular, in developing the capacity of smaller economies and their institutions. As such, the Working Group will build on the work of its predecessors to achieve improved collaboration and coordination, especially in the following fields: by exploring the development of institutional means to structure their efforts to achieve these objectives, by continuing to exchange best practices, by maintaining an inventory of technical assistance and cooperation projects and resources and making it available to IACML members, and by identifying, on the basis of experience, the enabling conditions for sustainable strengthening of institutional capacity.

10. The Working Group should also give special attention to the Horizontal Cooperation Project in the area of Labor, being carried out by the Unit for Social Development and Education (UDSE) of the OAS, based on the critical transfer of consolidated prograams and implemented in collaboration with the Inter-American Agency for Cooperation and Development (IACD) and other appropriate units of the OAS General Secretariat. Additionally, the Working Group should consider the results from the USDOL/ILO Project on "Labor Principles and Rights in the context of the XII IACML".

11. The Working Group, in coordination with the ILO, will work to ensure that IACML members are informed of best practices and available resources to raise public awareness of the ILO Declaration about Fundamental Principles and Rights of Work and its follow-up, to communicate and evaluate experiences in the various countries of the Americas with initiatives to eliminate child labor; and to develop within individual countries indicators of fundamental rights as an aspect of decent work, to provide benchmarks for reviewing progress, identifying best practices in those areas, and effectively targeting the resources required to achieve those objectives.

D. IMPLEMENTATION OF THE PLAN OF ACTION: ROLE OF THE MINISTRIES OF LABOR

I - AREAS OF ACTION

12. The Ministries of Labor can play an important role in the generation of opportunities for decent work, the promotion of productive employment, and improvement of working and living conditions, including:

a) the promotion of the elaboration, revision and updating of labor legislation, promotion of compliance with labor legislation, collective agreements, and international labor standards, particularly those identified in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up;

b) the creation of decent work, integration of economic, social and labor policies for the creation and expansion of productive employment and income opportunities; integration of labor, education, culture, welfare, and leisure policies; management of public funds for sectors that are more sensitive to the investment-employment relationship, such as the micro and small enterprises, self-employment, cooperatives; employment programs aimed at vulnerable groups such as women, adolescents, persons with disabilities, ethnic minorities; programs for public credit, microfinance, etc;

c) the existence of efficient social protection systems, monitoring of health and safety conditions in the workplace; stimulating the formalization of non-standard and unprotected work; expanding social security coverage; complying with programs to abolish child labor, sexual exploitation of children and adolescents, and forced and compulsory labor; developing programs to promote equitable treatment in employment and in the workplace;

d) the promotion of social dialogue: creation and compliance with statutory provisions for strengthening free and autonomous organizations of employers, workers and other social actors; incentives for collective negotiation; institutionalization of spaces for social dialogue and the participation of civil society in decision-making on labor and development matters.

13. The functions and areas constitute the guidelines of the Plan of Action.

II - LEVELS OF ACTION
14. The role of the Ministries of Labor should be carried out at the national, regional and hemispheric levels, which complement one other:
a) at the national level, as described in the previous section and other corollaries, comprising the actual and immediate environment for action for the governmental institutions;
b) at the subregional and regional levels comprising the actions that correspond to commitments or intentions resulting from agreements on the formation of free trade areas or integration projects;
c) at the hemispheric level, covering those actions derived from treaties and agreements of the Americas or identified with the architecture of shared and common projects;
E. IMPLEMENTATION OF THE PLAN OF ACTION: STUDIES, MEETINGS AND SEMINARS
15. By December 2003, the past, present and future Chair pro tempore and the Working Groups will jointly develop a calendar of events, in consultation with the Member states, COSATE and CEATAL, as well as the participating regional and international institutions.
16. The Working Groups will schedule three seminars on the theme of integration of the economic and social objectives into national, subregional and regional development policies, the processes of integration and free trade, as well as on the responses of Ministers of Labor to the challenges of promoting decent work in those contexts. These seminars will focus on aspects of this theme, for example, the formulation of a shared vision, the public management of integration, or the creation of institutional means for integration. The preferences, priorities, and interests of the countries and regions of the Hemisphere should be considered in the organization of these seminars.
17. The Working Groups will develop, with technical and financial support from regional and international institutions acting in the social and labor area, a comprehensive study on the topic of promotion of decent work, in its various dimensions, in subregional and regional integration and free trade processes The study will take into account the social and labor aspects, including those of health and safety, of the subregional experiences of integration and should provide the Ministries of Labor with the theoretical and practical elements necessary for their affirmative participation in the process of negotiation and implementation of this enterprise.
18. The past, present and future IACML Chairs pro tempore will direct the development of a feasibility study, in consultation with the Chairs and Vice-Chairs of the two Working Groups, for an "Inter-American Cooperation Mechanism for Professional Labour Administration" with the objective of deepening international collaboration and coordination to modernize labour administrations and support the IACML in its mandate to strengthen the capacity of the Ministries of Labour in the Hemisphere. The study will be administered by the Unit for Social Development and Education of the OAS and will consider the experiences and the resources available within Member states and the regional and international organizations, especially the OAS and ILO that seek to support the strengthening of administrative capacity of the Ministries of Labor. The feasibility study will present a set of specific options and recommendation to the IACML Ministers by the end of July 2004. An interim progress report will be presented to the Working Groups during their first meetings. If member states conclude that the mechanism is feasible, the leadership of the IACML and of the Working Groups will propose measures for its implementation. The terms of reference for the feasibility study have been included as an appendix to this Plan of Action.
19. The Working Groups will evaluate the activities and the advances made by the Information System on Labor Markets (SISMEL) in the production, harmonization and dissemination of labor statistics and documents in Member states. Based on that evaluation, the Working Groups will decide, by December 31, 2003, on advisability of maintaining the SISMEL in its present format or of integrating it into other projects, considering the contribution that this system can offer for the improvement of national statistics, mainly in the smaller economies, and the production of comparable indicators on the labor market of the Hemisphere. In any of the hypotheses, the Ministries of Labor will have to designate the national coordinators of the SISMEL that will be in charge of the feeding and updating of the database and documents, as well as of their dissemination.
20. The Working Groups will consider the opportune means to develop the relationship between the Ministries of Labor and the government bodies with competence in the negotiations. In this regard, maximum efforts will be undertaken, within the framework of existing national and institutional competencies, to establish a comprehensive productive and regular dialogue with the Ministries of Trade, as well as with the Ministries of Education, Health, Social Development and the authorities that are charged with combating poverty, and other ministers involved in the negotiations of the FTAA, to consider the impact of the economic and commercial policies on the local and regional labor markets. In that respect, we note that the Ministers of Trade of the Hemisphere have declared, in the Ministerial Declaration of Quito, their interest in knowing the results of the activities of the Working Group relative to the Labor Dimensions of the Summit of the Americas Process.

F. IMPLEMENTATION OF THE PLAN OF ACTION: DIRECTIVES FOR THE FUNCTIONING OF THE WORKING GROUPS
Coordination

21. The Working Groups will meet at least twice before the XIV Inter-American Conference of Ministers of Labor, at dates and locations that will be determined by what is said in paragraph 15.

22. The Working Groups will be coordinated by the following Ministers of Labor, elected by this conference, who can perform the functions assigned directly, or through a representative:

WG 1: Minister of Labor of Argentina (Chair pro tempore) and Minister of Labor of the United States (Vice Chair);

WG 2: Minister of Labor of El Salvador (Chair pro tempore) and Minister of Labor of Canada (Vice Chair).

Methodology

23. The Plan of Action addresses a large number of complex themes reflecting the grave challenges before the Ministers of Labor in global economy. In contrast, most Ministries are faced with serious limitations to adequately perform their function. For this reason, it is indispensable that the Working Groups continue the efforts to improve their methods of work, in order to achieve synergies, maximize efficiencies and disseminate results.

24. The Working Groups should coordinate their work in view of the complimentary nature and interdependence of their plans. Ongoing communication and exchange of knowledge, experience, and results will provide reciprocal benefits.

7. It is fundamental that the Working Groups deepen the actions developed in the prior plans and find the means that will allow for internalization, in the various areas and levels of intervention, the initiatives and recommendations derived from those plans. Furthermore, they should develop systems for monitoring and evaluating the obtained effects in their areas of action.