Organization of American States Summits of the Americas
 
Follow-up and Implementation: Mandates
  

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LABOR: Labor Standards and Legislation
 MANDATES

  1. To promote the gradual formalization of the informal economy, recognizing its heterogeneous and multidimensional nature, through policies such as registration and information systems to facilitate formalization and access to credit, social protection mechanisms, improvement of occupational health and safety, strengthening of labor inspection, and effective enforcement of labor laws.* (Poverty, Inequality, and Inequity, Cartagena, 2012).
    *In St. Vincent and the Grenadines, the definition of “informal economy” is broad enough to encompass certain activities that are illegal but which, nevertheless, have an impact on the local economy. Taking into account their domestic circumstance, St. Vincent and the Grenadines joins consensus on this paragraph with the understanding that “informal economy” refers wholly and solely to activities that are legally sanctioned.

  1. Reaffirming our commitment to the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, we will continue to promote the creation of more opportunities for decent work in the formal sector. We will enforce our domestic labour laws to provide for acceptable conditions of work and safe and healthy workplaces, free from violence, harassment and discrimination. We will promote continuous training programmes in collaboration with workers’ representatives and the private sector as appropriate, with the goal of generating the necessary technical skills to enable workers to respond to the demands of the labour market. We therefore call upon the Ministers of Labour, within the context of the OAS Inter-American Conference of Ministers of Labour (IACML), in collaboration with their workers’ and employers’ consultative bodies and with the support of the ILO, as appropriate, to endorse, at the 16th IACML to be held in 2009, a work programme that advances these objectives. (Declaration of Port of Spain, 2009).

  1. We reiterate our commitment to protect all people, particularly women, children and adolescents, from all forms of trafficking in persons and sexual and economic exploitation, and to provide protection and attention to the victims. We call on Ministers responsible for education, labour, social development, security and justice to adopt coordinated national strategies to prevent and eradicate the worst forms of child labour by 2020 at the latest, in accordance with the Plan of Action of the Fourth Summit in Mar del Plata, Argentina, and in accordance with national legislation, and to develop innovative strategies to bring children and adolescents who are victims back into healthy learning environments. We also reiterate our commitment to eliminate forced labour before 2010. (Declaration of Port of Spain, 2009).

  1. We reaffirm our respect for the rights set forth in the ILO Declaration on Fundamental Principles and Rights at Work (1998) and undertake to promote these fundamental rights. We will develop and implement policies and programs that help labor markets to function efficiently and transparently and that help workers respond to the opportunities created by economic growth and new technologies (Declaration of Mar del Plata, 2005).

  1. We commit to protecting children from economic exploitation and from any tasks that may interfere with their education and integral development, according to the principle of the effective abolition of child labor, which is contained in the ILO Declaration on Fundamental Principles and Rights at Work (1998). In addition, we will take immediate and effective measures to prevent and eradicate the worst forms of child labor according to Convention 182 of the ILO (1999). We will strive to improve access to and the quality of basic education for all children, recognizing that providing educational opportunities is an investment in the future of our societies (Declaration of Mar del Plata, 2005).

  1. We reaffirm that all migrants, regardless of their immigration status, should be accorded the full protection of human rights and the full observance of labor laws applicable to them, including the principles and labor rights embodied in the ILO Declaration on Fundamental Principles and Rights at Work (1998) (Declaration of Mar del Plata, 2005).

  1. We will promote decent work for migrant workers in the context of the Declaration of Nuevo León and encourage support for the Inter-American Program adopted by the General Assembly in resolution AG/RES. 2141 (XXXV-O/05). Likewise, the state parties to the International Convention on the Protection of the Human Rights of All Migrant Workers and Members of their Families reiterate the importance of its full implementation by the parties (Declaration of Mar del Plata, 2005).

  1. We are committed to building a more solid and inclusive institutional framework, based on the coordination of economic, labor, and social public policies to contribute to the generation of decent work, which must comprise:

    1. A labor framework that promotes decent work and reaffirms our respect for the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up. We shall continue to strengthen the application of our national labor laws and promote their effective enforcement;

    2. An economic framework characterized by responsible fiscal policies fostering equitable growth that generates employment;

    3. A business climate that attracts investment, fosters new enterprise creation, and promotes competition;

    4. A legal framework that upholds the rule of law, transparency, and access to justice; reinforces impartiality and independence of judicial institutions; prevents and combats impunity and corruption in both the public and the private spheres; and fights international crime;

    5. A public policy framework for integral and sustainable development that can reduce poverty and inequality, advance human health, and protect the environment in harmony with international environmental agreements to which we are all party, including those that address endangered and migratory species and wildlife, wetlands, desertification, ozone depleting chemicals, and climate change; we take note, with satisfaction, of the upcoming United Nations Conference on Climate Change in Montreal;

    6. A regulatory framework that seeks to incorporate the informal sector and unregistered work into the formal sector, recognizing the heterogeneous nature of the informal sector, in order to expand social protection and to enhance the quality and productivity of work;

    7. A comprehensive framework for rural and agricultural development, to promote investment, job creation, and rural prosperity;

    8. To achieve the abovementioned objectives we will promote increased cooperation and coordination between local, regional, and national governments (Declaration of Mar del Plata, 2005).

  1. Taking into account the results of this Summit and the Fourteenth IACML, we request that the ILO address, at its Sixteenth Americas Regional Meeting in 2006, the central topic of the Fourteenth IACML, “People and their Work at the Heart of Globalization,” with special emphasis on decent work, and consider government and tripartite actions to implement the Declaration and Plan of Action of Mar del Plata (Declaration of Mar del Plata, 2005).

  1. To adopt measures to encourage the full and effective exercise of the rights of all workers, including migrant workers, as well as application of core labor standards, such as those contained in the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up, adopted in 1998. Explore ways for the ILO to provide technical advisory services to member states to help them accomplish that objective* (Plan of Action Mar del Plata, 2005).
    *The United States reserves on this paragraph and prefers instead the following text: “Protect and promote the rights of all workers, including migrant workers in accordance with the legal framework of each country, and applicable international law, and promote respect for the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up. Explore ways for the ILO to provide technical advisory services to Member States to help them accomplish that objective.” (Plan of Action Mar del Plata, 2005).

  1. To continue strengthening the capacity of the Ministries of Labor to effectively enforce our national labor laws and regulations. We will continue to promote cooperation among the Ministries of Labor, within the context of the Inter-American Conference of Ministers of Labor (IACML) (Plan of Action Mar del Plata, 2005).

  1. We are committed to the principles of decent work proclaimed by the International Labor Organization, and we will promote the implementation of the Declaration on the Fundamental Principles and Rights at Work in the conviction that respect for workers’ rights and dignity is an essential element to achieving poverty reduction and sustainable social and economic development for our peoples. Additionally, we agree to take measures to fight the worst forms of child labor. We recognize and support the important work of the Inter-American Conference of Ministers of Labor toward achieving these vital objectives (Declaration of Nuevo León, 2004).

  1. We will promote compliance with internationally recognized core labor standards as embodied in the International Labor Organization (ILO) Declaration on Fundamental Principles and Rights at Work and its Follow-up adopted in 1998. We will consider the ratification of or accession to the fundamental agreements of the ILO, as appropriate. In order to advance our commitment to create greater employment opportunities, improve the skills of workers and improve working conditions throughout the Hemisphere, we recognize the need to address, in the relevant hemispheric and international fora, issues of globalization related to employment and labor. We instruct the Inter-American Conference of Ministers of Labor to continue their consideration of issues related to globalization which affect employment and labor. (Declaration of Québec, 2001).

  1. Reaffirm the fundamental importance of the Inter American Conference of Ministers of Labor, welcome the progress made through its Plan of Action adopted in 1998, support the preparatory process for the Twelfth Conference in 2001, and direct Ministers to build upon the Viña del Mar Declaration which focused on the social dimensions of globalization and the modernization of Labor Ministries, by collaborating in the examination of the labor dimension of the Summit of the Americas process, in order to identify areas of agreement and issues where further work needs to be done; (Plan of Action Québec, 2001).

  1. Respect the International Labor Organization (ILO) Declaration on the Fundamental Principles and Rights at Work and its Follow Up, adopted in 1998, adopt and implement legislation and policies that provide for the effective application of core labor standards as recognized by the ILO and consider the ratification and implementation of fundamental ILO Conventions; (Plan of Action Québec, 2001).

  1. Consult and coordinate, domestically and regionally in the appropriate fora, with a view to contributing to raising the living standards and improving the working conditions of all people in the Americas; create a process for improved collaboration and coordination on the labor dimensions of the Summit of the Americas process between Labor Ministries and other appropriate ministries and key international institutions within the Americas that have a critical role to play in the improvement of labor conditions, in particular the OAS, the ILO, ECLAC, as well as the IDB and the World Bank; (Plan of Action Québec, 2001).

  1. Continue to work towards the elimination of child labor, and as a priority, promote the hemispheric ratification and implementation of the ILO Worst Forms of Child Labor Convention, 1999 (No. 182), work to bring national laws, regulations and policies into conformity with this Convention, and take immediate action to eliminate the worst forms of child labor; (Plan of Action Québec, 2001).

  1. Exchange informational materials regarding their labor legislation, with the objective of contributing to better mutual knowledge of such legislation as well as to promote core labor standards recognized by the International Labor Organization (ILO) -freedom of association; the right to organize and bargain collectively; the prohibition of forced labor; the elimination of all exploitative forms of child labor; and non-discrimination in employment (Plan of Action Santiago). Such information will also include references to the mechanisms and/or legal authorities of Ministries of Labor to implement core labor standards as a fundamental component of productive workplaces and positive labor-management relations (Plan of Action Santiago, 1998).

  1. For these purposes carry out the exchanges by, among other means, furnishing informational materials on relevant changes to their labor legislation, mechanisms and/or legal authorities for implementation of core labor standards, and progress in the area of labor-management relations, to be provided at a meeting of the Inter-American Conference of Ministers of Labor, to be held in 1998 and their other meetings, as appropriate, including with the assistance of the Organization of American States (OAS), International Labor Organization (ILO) and Inter-American Development Bank (IDB) (Plan of Action Santiago, 1998).

  1. Further secure their observance and promotion of internationally recognized core labor standards. In this context, they recognize the ILO as the competent body to set and deal with these standards and support the ongoing work of the ILO with regard to exchanges of information and the negotiation of a new Declaration of Principles on Fundamental Rights of Workers and appropriate follow-up; believe that economic growth and development fostered by increased trade and further trade liberalization contribute to the promotion of these standards and should lead to higher levels of employment; similarly reject the use of labor standards for protectionist purposes, and, in this regard, note that the World Trade Organization (WTO) and ILO Secretariats shall continue their collaboration (Plan of Action Santiago, 1998).

 

 
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