(Accra, Ghana 30 Sept to 4 Oct 2013) Capacity Building on Promoting Decent Work for Migrant Workers and Atypical Workers: Concepts, Instruments, Actions and Strategies (Accra, Ghana 30 Sept to 4 Oct 2013) Social Dialogue: A Vital Tool for Achieving Decent Work for Migrant Workers

The ILO’s Mandate The Mandate of the ILO is based on the principle of tripartism and social dialogue to promote equity, equality and human dignity. It core values are now enshrined as Decent Work i.e. promoting opportunities for men and women to realise, through social dialogue and tripartism, social justice, decent and productive work, in conditions of freedom, equality, security and human dignity.

Strategic Objectives of the DWA

Continues… S I O A C L I O A G L U E *Social Dialogue is both a Means Promote Decent Employment Opportunities Promote and Protect Rights at Work Enhance Social Protection Strengthen Social Dialogue in handling work-related issues *Social Dialogue is both a Means and an Objective.

Definition of Social Dialogue All types of NEGOTIATION, CONSULTATION or Simply EXCHANGE OF INFORMATION, among or between the representatives of governments, employers and workers on issues of common interest relating to economic and social policy. The consultations, negotiations or interactions in general can be formal or informal, institutionalized or not.

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Continues… 1 Information 2 Consultation 3 Negotiation

INFORMATION X Y CONSULTATION NEGOTIATION

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Purpose of Social Dialogue The main purpose of Social Dialogue is to promote consensus building and democratic involvement among the main stakeholders of the World of Work. To create ownership among the parties over economic and social issues. It is a tool for promoting better living and working conditions and greater social justice. To reduce conflicts, advance industrial peace, boost productivity, ensure labour protection, and, in consequence, minimize the need for labour inspection

How The ILO Promotes Social Dialogue The ILO promotes national social dialogue through: - International Labour Standards - Technical Cooperation - Technical Assistance/Policy Advice

TYPOLOGY OF SOCIAL DIALOGUE

CYCLE OF SOCIAL DIALOGUE

Actors Governments Workers Employers Civil society (Tripartism +)

Civil Society People on the periphery of formal systems of employment (self-employed, micro-entrepreneurs, dismissed former salaried workers, associations of home-workers, etc)  NGOs

Forms of Social Dialogue Bipartite: Workers and Employers Tripartite: Government, Workers and Employers Tripartite +: Government, Workers, Employers and Civil Society

Levels of Social Dialogue International Regional National Sector/Branch Enterprise

International International Labour Conference International Framework Agreements (STATOIL; IKEA, Telefónica, etc.)

Regional The Regional Economic Communities (RECs) in Africa: LASC (Labour and Social Affairs Commission of the African Union) UMA (Arab Magherb Union) COMESA (Common Market for Eastren and Southern African) CEN-SAD (Community of Sahel Saharan States) EAC (East African Community) ECCAS (Community of Central African States) ECOWAS (Economic Community of West African States) IGAD (Intergovernmental Authority on Development) SADC (Southern Africa Development Community)

Continues… The Regional and Sub-regional TU Organizations in Africa: ITUC-Africa - International Trade Union Confederation – African Regional Organization OATUU - Organization of African Trade Union Unity OTUWA – Organization of Trade Unions of West Africa SATUCC – Southern African Trade Union Coordination Council EATUC – East African Trade Union Confederation TUFEA - Trade Union Federation of East Africa USTIMA - Trade Union Confederation of Arab Magherb Workers

National National Tripatite & Bipartite Institutions: Economic and Social Councils (Triparte +) Tripartite Bodies e.g. TNF, LTAC, NTC, LAB, NTCC, LCC, NSSF, etc. Bipartite Bodies e.g. TGNCs, CB Coms., Bipartite Coms on OSH, Social Protection, Gender Equality, etc.

Functions of National Tripartite and Bipartite Bodies Development of policy initiatives Participatory budgeting Advice to Governments on policy issues Consultations on policy formulation Decision-making or recommendation on policy Negotiation of Accords or Agreements Supervision of implementation of Agreements

Enterprise Bipartite Consultative Committees Collective Bargaining Committees

Conditions for Constructive Social Dialogue Freedom of Association; Democratic foundations; Appropriate legislative and policy frameworks and well-resourced mechanisms conducive to, and supportive of Social Dialogue; Strong and independent workers’ and employers’ organisations with legitimacy to speak and act with authority on behalf of their constituents;

Continues… Political will and commitment to engage in social dialogue by all parties; Mutual confidence among the parties and their respect for the results of the consultation process Social acceptance of social dialogue; Technical knowledge and capacity to participate competently in the tripartite dialogue; Capacity to reconcile interests and deliver on agreements.

The Role of Government Build an Enabling Environment Provide an Administrative Support Create Conditions for Independent Organisations of Workers and Employers to Emerge

Role of All Partners Involvement in Policy Making Training and Vocational Guidance Involvement in Policy Making Joint policies/CBA on Issues of Interest Advising Governments/ILO/Regional Bodies Sensitization of their Members

Continues… Show Great Respect for the Dialogue Process Acceptance of the Principles of Interdependence Show Great Respect for the Dialogue Process Ensure Commitment in every Aspects of the Dialogue Process Observe Flexibility & Ensure Wider Search for Consensus Demonstrate High Level of Trust in the Dialogue Process

Issues Addressed by Social Dialogue 1 Wider Economic & Social Policy Issues: Macroeconomic policy framework and economic growth Structural change and transformation of the economy Wage increases and inflation; monetary policy Employment policy Educational and vocational training Productivity and economic competitiveness Taxation and fiscal policy Social welfare, security and protection Economic and social strategies to deal with externally originating pressures for reform Need to find word on 1st bullet

Issues Addressed by Social Dialogue 2 Labour & Industrial Relations Issues: Wage settings, including minimum wage determination; Labour legislation; Working conditions; Labour market policy; Labour dispute settlement; Occupational Safety and Health; Green Economy and Sustainable Development.

Benefits of Social Dialogue Processes Democratization of economic and social policy making Legitimacy and ownership Reduce social conflicts Ease social tensions during economic hardship and transition periods

Continues… Social pacts Sustainable economic and labour reform Bringing the social dimension to the economic policy reform agenda National economic and social progress

Pitfalls of Social Dialogue Narrow vested interests, blocking reforms Lack of basic agreement on economic analysis and/or prescription Lack of democratic accountability and legitimacy

Social Dialogue: A Vital Tool for the Domestic Labour Sector Provides the forum for debate on the findings of a diagnostic research on the state of the country’s economy Creates room for a joint determination of DWCP priorities, outcomes and outputs Translates into adoption of consensus on procedures for the joint implementation, monitoring and evaluation of all aspects of DWCP

ILO Standards Related to Social Dialogue Conventions: Right of Association (Agriculture) Convention, 1921 (N°11) Right of Association (Non-Metropolitan Territories) Convention, 1947 (N°84) Freedom of Association and Protection of the Right to Organize Convention, 1948 (N°87) Right to Organise and Collective Bargaining Convention, 1949 (N°98) Workers’ Representatives Convention, 1971 (N°135)

Continues… Rural Workers’ Organisation Convention, 1971 (N°141) Tripartite consultation (International Labour Standards) Convention, 1976 (N°144) Labour relations (public service) Convention, 1978 (N°151) Collective bargaining Convention, 1981 (N°154)

ILO Convention No. 87 Aims at protecting the free exercise of the right to organise of workers and employers vis-à-vis public authorities (independence) Protects in law and in practice the freedom to establish organisations, prerequisite to the other guarantees enunciated in ILO instruments The right to organise depends on three principles: - That no distinction is made among those entitled to the right of association - That there is no need for previous authorization to establish organisations - That there is freedom of choice with regard to membership of such organisation

ILO Convention No. 144 Matters for consultation: - Items on the ILO Conference agenda - Consideration of new standards for ratification or implementation - Re-examination of unratified Conventions, or Recommendations - Reports to the ILO on ratified Conventions - Proposals for the denunciation of ratified Conventions Other matters for consultation (Recommendation N°152): - ILO technical cooperation activities - Resolutions and Conclusions of ILO Conferences and Meetings - Promotion of better knowledge of ILO activities - Any other issue

Continues… Recommendation: Collective Agreements Recommendation, 1951 (N°91) Voluntary Conciliation and Arbitration Recommendation, 1951 (N°92) Cooperation at the Level of the Undertaking Recommendation, 1952 (N°94) Consultation (Industrial and National Levels) Recommendation, 1960 (N°113)

Continues… Communications within the Understanding Recommendation, 1967 (N°129) Examinations of Grievances Recommendation, 1967 (N°130) Workers’ Representatives Recommendation, 1971 (N°143) Rural Workers’ Organisation, 1975 (N°149) Labour Relations (Public Service) Recommendation, 1978 (N°159) Collective Bargaining Recommendation, 1981 (N°163)

GROUP WORK Give a brief description of the existing tripartite systems in your countries in terms of: - Composition - Mandate - Frequency of meetings - Priority issues for discussion - How their conclusions and recommendations are treated by the governments and the social partners? Suggest measures which in your opinion can boost the relevance and effectiveness of the tripartite systems for migrant workers in your respective countries.