ORGANIZATION OF AMERICAN STATESInter-American Council for Integral Development

(CIDI)

XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.32/09October 6-8, 2009 1 December 2009Buenos Aires, Argentina Original: Spanish

FINAL REPORTXVI INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR OF THE

ORGANIZATION OF AMERICAN STATES

17th Street and Constitution Avenue, NW, Washington, D.C. 20006

TABLE OF CONTENTS

I. BACKGROUND............................................................................................................................... 1

II. PROCEEDINGS:............................................................................................................................. 1

A. Preparatory meeting................................................................................................................. 1

B. Inaugural session..................................................................................................................... 4

C. First plenary session ............................................................................................................... 6

D. Second plenary session ............................................................................................................7

E. Third plenary session ............................................................................................................ 11

F. Fourth plenary session ...........................................................................................................14

G. Fifth plenary session.............................................................................................................. 16

H. Closing session...................................................................................................................... 18

APPENDICES

APPENDIX I – RESOLUTIONS

Declaration of Buenos Aires 2009...................................................................................................... 23

Plan of Action of Buenos Aires 2009................................................................................................. 31

Resolution 1: Modify the status of COTPAL, COSATE and CEATAL.............................................35

Resolution 2: Amendment of the Organization Plan of the Trade Union Technical Advisory Council (COSATE)...........................................................................................................................................37

Resolution 3: Contribution of the XVI IACML to the G-20 process..................................................39

Resolution 4: Vote of thanks to the people and government of Argentina........................................ 41

COSATE Declaration ......................................................................................................................... 43

CEATAL Declaration......................................................................................................................... 49

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APPENDIX II – REPORTS PRESENTED TO THE CONFERENCE

Final Report of Working Group 1...................................................................................................... 55

Final Report of Working Group 2....................................................................................................... 61

Report of the Technical Secretariat to the XVI Inter-American Conference of Ministers of Labor... 67

APPENDIX III – ADVISORY BODIES MEETINGS

Agenda of the Meeting of the Permanent Technical Committee on Labor Matters (COTPAL)........ 79

Report of the Permanent Technical Committee on Labor Matters (COTPAL).................................. 81

Agenda for the Permanent Executive Committee of the Trade Union Technical Advisory Council (COSATE).......................................................................................................................................... 87

Report of the Permanent Executive Committee of the Trade Union Technical Advisory Council (COSATE).......................................................................................................................................... 89

Agenda for the Permanent Executive Committee of the Business Technical Advisory Committee on Labor Matters (CEATAL)................................................................................................................... 93

Report of the Meeting of the Permanent Executive Committee of the Business Technical Advisory Committee on Labor Matters (CEATAL).......................................................................................... 95

Report of the Joint Meetings of the Trade Union Advisory Council (COSATE) and the Business Technical Advisory Committee on Labor Matters (CEATAL).......................................................... 99

APPENDIX IV – OTHER DOCUMENTS

Work Schedule for the XVI IACML................................................................................................ 105

List of Documents Registered by the General Secretariat................................................................ 111

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FINAL REPORT

XVI INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOROF THE ORGANIZATION OF AMERICAN STATES

I. Background

The XVI Inter-American Conference of Ministers of Labor (IACML) of the OAS was held from October 6 to 8, 2009, in Buenos Aires, Argentina. Two technical preparatory meetings were held beforehand: in Washington, D.C., on May 22, 2009; and in Buenos Aires, Argentina, from July 22 to 24, 2009. Preparations for the Conference were begun a year ahead of the event by the Ministry of Labor, Employment, and Social Security of Argentina and by the OAS.

II. Proceedings:

During the Conference, pursuant to Article 30 of the Rules of Procedure, the ministers held a preparatory meeting, an inaugural session, five plenary sessions, and a closing session, as detailed below. Annex IV to this report includes the work schedule for the XVI IACML and the list of documents used at the Conference.

The XVI IACML was attended by 29 delegations of the ministries of Labor of the Americas, 18 of which were headed by their Ministers. Furthermore, the meeting had a rich representation of workers and employers, grouped in COSATE and CEATAL, as well as the participation of various international organizations, in which the presence of the General Director of the International Labour Organization (ILO) and representatives of the Inter-American Development Bank (IDB), World Bank, Corporación Andina de Fomento (CAF), Inter-American Institute for Cooperation on Agriculture (IICA), International Organization for Migration (IOM), United Nations Development Program (UNDP) and World Association of Public Employment Services is highlighted.

A. Preparatory meeting

Pursuant to Article 31 of the Conference's Rules of Procedure, the heads of delegation held a preparatory meeting on October 6, at 3:00 p.m. Ms. Roslyn Khan-Cummings, Permanent Secretary of the Ministry of Labour and Small and Micro Enterprise Development of Trinidad and Tobago, chaired the meeting, in accordance with Article 13 of the Rules of Procedure.

The following matters were considered:

i. Establishment of the order of precedenceThe Chair reported that the Permanent Executive Committee of the Inter-American Council for Integral Development (CEPCIDI) had drawn lots to establish the order of precedence for the Conference at its 153rd regular meeting, in Washington, D.C., on October 1, 2009, and that Saint Vincent and the Grenadines had been selected. In accordance with the Rules of Procedure, the remaining delegations would follow in Spanish alphabetical order.

ii. Decision on the Rules of Procedure:The Chair recognized the Technical Secretariat, which explained the changes to the Rules of Procedure that had been adopted by COTPAL on the morning of October 6. Ambassador Alfonso Quiñónez, Executive Secretary of the OAS Executive Secretariat for Integral Development, commented that COTPAL, in the morning, had adopted two draft resolutions: the first (document CIDI/TRABAJO/doc.21/09) amended the Rules of Procedure of the Conference (document CIDI/TRABAJO/doc.6/09) and the status of COTPAL, COSATE, and CEATAL by defining them “as permanent consultative bodies of the IACML”; the second (document CIDI/TRABAJO/doc.22/09) amended only the status of COSATE by including an article that gave the role of COSATE facilitator to the Trade Union Confederation of the Americas (TUCA). In regards to the first resolution, the Ambassador reiterated what was stated in the COTPAL meeting namely, that the consultations with COSATE and CEATAL are not binding within the framework of the IACML. The delegations adopted both draft resolutions.

iii. Election of the chair of the ConferenceThe Secretary of Labor of the United States, the Honorable Hilda Solis, nominated the Honorable Carlos Alfonso Tomada, Minister of Labor, Employment, and Social Security of Argentina, to serve as Chair of the XVI IACML, pointing to his great commitment to hemispheric cooperation and dialogue on labor matters. The Minister of Labor and Social Security of Uruguay, the Honorable Julio Baraibar, and Mr. Mario Barbosa, representing the Minister of Labor and Employment of Brazil, the Honorable Carlos Lupi, seconded the motion, recognizing Minister Tomada’s outstanding qualifications and his commitment to social dialogue. The Chair was elected by acclamation. Pursuant to Article 11 of the Rules of Procedure, the heads of the other delegations were declared ex officio vice chairs, to replace the Chair in the event of his absence or incapacity, according to the established order of precedence.

Minister Tomada assumed the chairmanship of the XVI IACML, thanking all delegations for their confidence. He said that in assuming this responsibility he was committed to continued work toward full integration of the countries of the region and wanted to make the Conference a genuine forum for dialogue and exchange. He emphasized that the IACML should continue to work to increase appreciation of labor, recognizing not only that wealth generates work but that work generates wealth; it should also continue efforts to make the principles of decent work a reality.

The Chair gave the floor to the Technical Secretariat, which listed the other topics to be addressed at this preparatory meeting.

iv. Consideration of the agenda and the work scheduleThe draft agenda (CIDI/TRABAJO/doc.2/09) and draft schedule (CIDI/TRABAJO/doc.3/09) were approved and adopted as presented.

v. Decision on the Committee on Credentials and the Style CommitteeThe Secretariat proposed dispensing with application of Article 22 of the Rules of Procedure as regarded the formation of the Committee on Credentials, since all delegations had adhered to the registration requirements established both for the OAS member states and for observers and special guests.

Pursuant to Article 23 of the Rules of Procedure, the Technical Secretariat proposed that the Style Committee be composed of the delegations of Brazil (Portuguese), Argentina (Spanish), the United States (English), and Canada (French). Delegations agreed, and the Committee was thus established.

It was announced that Article 21 of the Rules of Procedure called for a Committee on Coordination, made up of the chairs of the working groups and presided over by the chair of the Conference. That Committee was to meet upon convocation by its chair and was to make such recommendations as it deemed appropriate to ensure the proper conduct of the work.

vi. Decision on the working method and the makeup of working groupsPursuant to Article 24 of the Rules of Procedure, and in line with the decisions taken at the COTPAL meeting of October 6, 2009, the Chair proposed forming two working groups: Group 1, on "Decent work to face the global economic crisis with social justice for a fair globalization," and Group 2, “Strengthening of the ministries of labor to promote decent work,” which would build upon the work of the prior two working groups.

At the COTPAL meeting, it was decided that Working Group 1 should be chaired by the United States, with Brazil and Guyana as vice chairs, and that Working Group 2 would be chaired by the Dominican Republic, the decision on the vice chairs remaining under discussion. The Honorable Julio Baraibar, Minister of Labor of Uruguay, took the floor to withdraw his country’s candidacy for vice chair of WG2, in recognition of the spirit of consensus that should prevail at this ministerial forum. The Secretariat reported that the vice chairs of WG2, therefore, would be Canada and Mexico.

The delegations endorsed these proposals and the officers of the working groups were thus elected.

vii. Deadline for the presentation of proposalsPursuant to Article 38 of the Rules of Procedure, the Secretariat proposed that all proposals be presented to the OAS Secretariat 24 hours in advance of their discussion and set a deadline of 10:00 a.m. on October 7, 2009, for such presentation. Delegates approved the proposed deadline.

viii.Consideration of documents from the working groupsThe Chair officially received the final reports of Working Groups 1 and 2 and thanked the delegations of Brazil (Chair of WG1), United States and Guyana (Vice Chairs of WG1), El Salvador (Chair of WG2), and Canada and Uruguay (Vice Chairs of WG2) for preparing these reports and presiding over the working groups in the context of the XV IACML. The final reports received by the IACML are included in this Final Report as Annex II, pursuant to Article 26 of the Rules of Procedure.

ix. Decision on the approximate duration of the ConferenceThe Secretariat suggested that the XVI IACML should conclude on October 8, 2009, at approximately 4:00 p.m. Delegates agreed and it was so decided.

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x. Other businessThe Secretariat mentioned the draft resolution on IACML contributions to the G-20 process (CIDI/TRABAJO/doc.23/09 rev. 1), which had remained unchanged during the COTPAL meeting and enjoyed the support of delegations. The draft resolution was adopted.

There being no further business to discuss, the Chair formally closed the preparatory meeting.

B. Inaugural session – Inauguration of the XVI IACML

The inaugural session was held on October 6, 2009, beginning at 6:00 p.m.

Mr. Jorge Taiana, Minister of Foreign Affairs, International Commerce, and Worship of Argentina, extended a warm welcome to the delegations and expressed his satisfaction that this Conference was focusing on the theme “Facing the Crisis with Development, Decent Work, and Social Protection.” He said this IACML was being held at a timely moment, at which answers must be sought to mitigate the effects of the crisis, especially for the most vulnerable, and the proactive role of the state must be restored. In this sense, social protection as a pillar of development should be strengthened and job recovery must be the main objective. He said it was necessary to achieve globalization that worked for all, not only for a few, and that, among other things, this would require strengthening cooperation and solidarity at the inter-American and international levels. He concluded by expressing his Government’s concern over the situation in Honduras and its unwavering support for the efforts of the OAS Secretary General to bring about the full restoration of constitutional order in that country and the reinstatement of its legitimate president.

Ms. Roslyn Khan-Cummings, Permanent Secretary of the Ministry of Labour and Small and Micro Enterprise Development of Trinidad and Tobago, conveyed greetings from Minister Rennie Dumas, Chair of the XV IACML, noting that Trinidad and Tobago and the Caribbean had hosted the IACML and the Summit of the Americas for the first time. She said that under the leadership of Trinidad and Tobago the IACML had pursued a rich agenda in which the most pressing issues for labor ministries had been examined and progress had been made on those fronts, basically through the Inter-American Network for Labor Administration (RIAL). She noted that the successes of the Network demonstrated the strong ties of cooperation among the ministries, which made possible a collective response to the challenges of the present economic crisis and its effects on employment. She said the XVI IACML was an excellent opportunity in that regard. In response to today’s challenges, the countries were called upon to form new alliances that supported sustainable development and focused on the well-being of individuals. In this context, the labor ministries played a central role in designing policies on employment, social protection, and decent work, in pursuit of the Global Jobs Pact. Lastly, she thanked the officers of the working groups, the past and future chairs of the IACML, COSATE, CEATAL, and the Technical Secretariat for all their support and reaffirmed her full support for the new Chair.

Dr. Juan Somavia, Director General of the International Labour Organization (ILO), thanked the President of Argentina and its Ministry of Labor for their commitment to decent work and their decisive support in enlisting the ILO in the G-20 process. He referred to the present crisis, the causes of which had been announced six years earlier by the ILO’s World Commission on the Social Dimension of Globalization; to the prompt response provided by the ILO’s tripartite approach with the adoption of the Global Jobs Pact; and to the rapid measures countries had taken to address it. He

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pointed to the formidable tasks that lay ahead in terms of bringing about both economic recovery and decent work; and he said that a recovery that was weak on the employment front was neither economically nor politically sustainable. He commented that an important effect of the crisis was the central role of labor ministries, demonstrating their strategic nature and the importance of strengthening them as major players in growth with progress and social justice. He emphasized that the crisis could not be overcome with the same policies that had brought it about and that a framework of national, regional, and global policies that would generate balanced and sustainable development was needed. He said a balance must be struck between the role of the state, the common welfare of society as a whole, the needs of individuals, and the energizing role of the market, and that a better balance between the interests of capital and the interests of workers was needed. He concluded by saying that social dialogue and consensus-building were indispensable to overcoming the crisis.

Ambassador Alfonso Quiñónez, the OAS Executive Secretary for Integral Development, conveyed greetings from Dr. José Miguel Insulza, Secretary General of the OAS, who was in Honduras continuing his efforts toward that country’s restoration of democratic processes and constitutional order. He thanked Argentina for its commitment in organizing the IACML and expressed satisfaction at the presence of the ILO’s Director General. He drew a parallel between the situation at the XV IACML and the situation today, noting that during the previous Conference the region had relatively high levels of growth, with improvements in employment and poverty figures, and all its governments had been elected democratically; today, not only had the world economic crisis negatively affected employment, poverty, and job security but the situation in Honduras had sent the region back to the dictatorship era. He noted that social discontent generated by the crisis could jeopardize the stability of institutions; he expressed his confidence in the maturity of the democratic system and in the electoral processes of the coming months as a means of defusing tension. He noted that only a broad system of political and social accords could succeed in strengthening governance and guaranteeing the political viability of measures adopted in response to the crisis; he emphasized that labor ministries played a central role in that process and expressed satisfaction at the theme of the Conference, the discussions and conclusions of which would contribute to such a system of political and social accords. He also mentioned significant progress made over the past two years within the IACML, such as strengthening participation by workers and employers in OAS activities; consolidation of the RIAL as a means of cooperation within the IACML; and important progress on gender issues. Lastly, he reiterated the OAS’ full commitment to continued support of this ministerial forum.

Dr. Carlos Alfonso Tomada, Minister of Labor, Employment, and Social Security of Argentina, expressed appreciation for the opportunity given Argentina to Chair the IACML during the 2009-2011 term. He welcomed the delegations to this forum, which he said provided an open, pluralistic means for discussion of the main concerns: work, employment, social protection, and the challenge of consolidating a development approach that would provide equal opportunity to all. He pointed to a number of major achievements by the IACML: progress toward gender equality, demonstrated, inter alia, by the presence of a larger number of female labor ministers at this XVI IACML than at any other time; the presence at the Conference, for the first time, of representatives of other sectors, which would promote the coordination of economic, labor, and social policies with the aim of achieving increased and better employment and promoting development; and the fact that, for the first time, the region had five countries participating in the G-20, signaling the importance and presence of the Americas in the world economy. He also spoke about the great challenges of this IACML in terms of the profound economic crisis, which not only had negative effects on

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employment and poverty but also was engendering growing worry and discontent among society–which felt, justifiably, that it was paying the consequences of a crisis for which it bore none of the blame. He also referred to the situation in Honduras as a shameful spectacle that set the region back 30 years. Lastly, he pointed to the ministries’ efforts to halt the effects of the crisis, which had been successful but insufficient, and urged delegations to continue encouraging active policies to restore and enhance state involvement and labor leadership, emphasizing that “our peoples cannot wait ... they demand that we meet the challenges of this exceptional moment.”

C. First plenary session – Follow-up reports

The first plenary session was held on October 7 at 9:00 a.m. The Honorable Carlos Alfonso Tomada, Minister of Labor, Employment, and Social Security of Argentina and Chair of the XVI IACML, opened the session and recognized Ambassador Quiñónez, Executive Secretary for Integral Development of the OAS, for his comments on the agreements reached during the preparatory meeting of October 6. He then placed these agreements before the plenary, and they were ratified in their entirety. Then he recalled that that day, October 7, was the World Day for Decent Work and invited the ministers to bear in mind during these days that behind the statistics there were men, women, and families, to whose well-being everyone should be committed. He recognized the following participants in this first plenary session for their presentation of follow-up reports:

Mr. Francisco Pilotti, Director of the OAS-SEDI Department of Social Development and Employment, mentioned certain aspects of the report presented by the Technical Secretariat to the IACML (document CIDI/TRABAJO/doc.9/09) and thanked the Chair of the XV IACML, the officers of the working groups, the leaders of COSATE and CEATAL, and the international organizations, especially the ILO, whose contributions had made it possible to carry out the IACML work schedule in the 2007-2009 term. He listed as major accomplishments in this period: (1) The great progress of the Inter-American Network for Labor Administration (RIAL), which had held seven specialized hemispheric workshops in these two years, with content adjusted so as to analyze the response to the crisis; over 30 instances of bilateral cooperation, which had significant impact because of their relevance; and the study on gender mainstreaming in the labor ministries, with special contributions from the ILO and the Inter-American Commission of Women (CIM), whose President sent a message to the IACML reiterating her commitment to continue joint efforts on this matter. He pointed to the major contribution by the Government of Canada, which had given over a million dollars to the Network. (2) Coordination with the Summits of the Americas process, whose Fifth Summit recognized the role of the ministries in Article 15 of the Declaration of Commitment of Port-of-Spain. (3) The institutionalization of participation by workers and employers, represented by COSATE and CEATAL, at the Summits of the Americas and the OAS General Assembly. Lastly, he noted that social protection was a cross-cutting theme of government policy that must be addressed by multiple sectors and said he was delighted that the OAS could facilitate such intersectoral dialogue by serving as Technical Secretariat to both the IACML and the conference of social development ministers. He pointed to the recent creation of the Inter-American Social Protection Network, which would facilitate discussion of good practices and dialogue on a topic so vital to the well-being of millions of families in the Americas.

The Chair thanked the Technical Secretariat for its statement and pointed to the consolidation of the RIAL and its ability to adapt to new circumstances, took note of the CIM’s letter on continued efforts in the gender equality area, and welcomed as an auspicious sign the forging of ties between

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the labor and social development ministries, with a focus on social protection and its relation to labor. He then recognized the representative of the ILO.

Mr. Jean Maninat, Director of the ILO for Latin America and the Caribbean, said that the ILO’s very close cooperation with the OAS had been stepped up since the signature of a memorandum of understanding in 2007. He said that the ILO had participated actively in all activities of the RIAL, pointing in particular to two initiatives: the study on mainstreaming a gender approach in the labor ministries, which had involved technical advisory services from the ILO from the beginning, and the RIAL workshop on occupational health and safety, held in Cuzco, Peru, in October 2008 and planned and developed in close collaboration by the OAS, the ILO, and PAHO. He referred to the present economic crisis and to the ILO’s commitment to work with the countries as they looked for solutions. In this area he highlighted a few initiatives: (1) the document Latin America and the Caribbean in the Face of the Economic Crisis: ILO Recommendations and Country Initiatives, prepared by the ILO and its constituents; (2) the creation of a regional observatory to identify and discuss successful experiences in managing the crisis, which had already produced various Notes analyzing specific policies and programs; and (3) the quarterly bulletins, prepared by the ILO and ECLAC, on the impact of the crisis on the region’s labor markets. In these exercises the ILO had seen governments respond rapidly and effectively to the crisis, averting even greater impact on employment; it had also found there was consensus on responding with countercyclical policies, that these had taken a wide variety of forms, and that the region was applying the lessons learned from previous crises.

The Chair thanked the ILO for its contributions to the IACML and underscored the close collaboration between the ILO and the OAS, evidence of which could be found in the reports presented. Afterward, at the request of both organizations, he gave the floor to the representatives of CEATAL and COSATE.

Mr. Dagoberto Lima Godoy, Vice Chair of CEATAL, expressed the pleasure of the CEATAL members and profound gratitude to the IACML for having elevated COSATE and CEATAL to the status of consultative bodies of the Conference. He also congratulated everyone on this achievement, which would allow employers to make better contributions, and suggested that such participation be extended to the network of social development ministries as well.

Mr. Stanley Gacek, Vice Chair of COSATE, seconded the remarks of the CEATAL representative and thanked the Conference profoundly for raising the status of COSATE and CEATAL.

The Chair said that raising the status of COSATE and CEATAL to that of consultative bodies was nothing more than a reflection of the ministries’ conviction as to the central role of employers and workers in this hemispheric forum. He then formally closed the first plenary session.

D. Second plenary session – Coordination of policies and programs for promoting employment: a guiding framework in facing the crisis

The second plenary session began on October 7, 2009, at 10:00 a.m. The Chair said at this session the intent was to highlight the need for a coordinated, multisectoral effort in response to the present crisis. He applauded the fact that for the first time in its history the IACML was being attended by representatives of ministries of the economy and industry and ministries of social

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development, which would make success possible in this crucial multisectoral dialogue. He said the presence of other sectors at the IACML was in keeping with the priority it attached to coordinating labor, economic, and social policies. The Chair then recognized economic and industrial officials of Argentina, the United States, and Brazil, as well as the Chair of the Inter-American Committee on Social Development (CIDES); their statements are summarized below.

The Honorable Débora Giorgi, Minister of Industry of Argentina, expressed thanks for this historic invitation to a dialogue among sectors. She referred to certain lessons of the crisis and to the policies adopted in Argentina. Among those lessons she pointed to the strong connection between the international and local arenas, demonstrated by how swiftly the global crisis had affected businesspeople and workers, and the need to work for solutions at the international level. She applauded the quick response of all the countries and the enlistment of other agencies, such as the ILO, in deliberations in which, traditionally, only the multilateral banks had participated. She said the effects of the crisis in Argentina, though lamentable, had not been as severe as those in the developed countries; she thought that was the result, on the one hand, of measures adopted since 2003, which had strengthened the productive apparatus and preserved macroeconomic stability, and, on the other hand, of the present government’s decision to make job preservation the focus of all recovery policies. This decision had made it possible to coordinate the policies of various sectors, including policies to support productive apparatus with fiscal incentives, soft credit, and assistance in maintaining compensation; training policies; investment policies geared toward increasing competitiveness and restoring the natural role of public investment in counteracting the crisis; and social policies. This set of measures was designed to prevent the price for the crisis from being paid by those who should not have to; it was also consistent with a long-term view and an endogenous development approach that sought to eliminate inequities among persons and among regions. She concluded by affirming her Government’s commitment to continue efforts coordinated among diverse sectors and between the central government and provincial and municipal governments.

The Assistant Secretary for Economic Policy of the Department of Treasury of the United States, Mr. Alan Krueger, began by saying that, given the interrelatedness of economies and the global impact of the crisis, policy coordination among countries was a precondition for effective national responses. He welcomed the decisions of the G-20, as well as the recovery policies adopted in the Americas. He explained his country’s measures in response to the crisis, which had begun with restoring confidence in the financial sector, followed by support to the housing sector, and, in February 2009, focusing on the American Recovery and Reinvestment Act, which combined tax reductions, economic stimuli, infrastructure development, and, especially, an unprecedented expansion of unemployment insurance. He said the benefits of this Act had been felt outside the United States as well, given its strong trade relations with various economies in the region. He pointed to certain encouraging signs of recovery in the United States and at the international level, and said these were due, to a large degree, to the countries’ coordinated countercyclical fiscal response. Still, he said, the challenges remained severe, especially in terms of job recovery, and the United States, during the recovery, must increase savings and reduce consumption; therefore, economies in the region that depended to a large degree on trade with the United States should diversify their exports. In conclusion, he said the economic adjustments taking place, and those yet to come with the recovery, made coordination and communication among countries of the Americas even more important and therefore made the contributions of this forum essential.

The Secretary for Economic Monitoring of the Ministry of Finance of Brazil, Mr. Antonio Henrique Silveira, referred initially to his country’s situation in the crisis, pointing to its accelerated

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growth (5.1% in 2008). He noted certain structural characteristics, such as prudent regulation of the financial sector, ample coverage of the state banking system, and the existence of large state energy enterprises. He spoke about the initial negative impact of the crisis on production, trade, and employment, but stressed that all these indicators had improved since the first quarter. He said unemployment had dropped from 9% in March to 8% in July 2009 and that, in August, 240,000 formal job posts had been created; these were important signs of recovery. He described the government’s four lines of response: (1) restoration of credit conditions; (2) reinforcement of automatic stabilizers, such as expanding the coverage of the Bolsa Família Program, and increases in the minimum wage and unemployment insurance; (3) increasing public investment programs, such as infrastructure projects; and (4) tax reduction. He said all these measures required strong coordination among economic and social ministries. In conclusion, he said Brazil had been able to reverse the negative effects of the crisis in a relatively short time and at low cost compared to other countries; this was due both to domestic economic policy initiatives and to a coordinated global effort to reduce the likelihood of a depression. But this relative initial success must not be allowed to camouflage the need for profound adjustments in the world economy, such as more efficient financial regulation, better coordination of economic policies to reduce global imbalances, and greater emphasis on countercyclical national policy design.

The Chair of the Inter-American Committee on Social Development (CIDES) and Deputy Director of the National Department of Planning of Colombia, Mr. Juan Mauricio Ramírez, pointed to the importance of strengthening social protection systems in response to the crisis, specifying that these should include interventions to cushion the drop in income and consumption, formal mechanisms to coordinate all the major elements of social protection (social security, job protection, etc.), labor policies to protect workers and the unemployed, continuity in training processes, and access to assets that would mitigate the effect of future shocks. He called for a combination of programs focusing, on the one hand, on those most able to participate in the labor market and, on the other, on households in extreme poverty. He said the region had taken numerous actions in terms of training, protecting the unemployed, and strengthening conditional cash transfer programs, among others. He noted Colombia’s experience with the Juntos Network, a strategy focused on the population living in extreme poverty and involving nine dimensions (income and work, education, health, nutrition, access to financial services, etc.), which required close interagency collaboration. In conclusion, he mentioned the following challenges: (1) the need to complement job promotion programs with programs of support to households living in structural poverty; (2) strengthening an institutional framework that integrated government program offerings and increased the management capacity of local governments; (3) the need to sustain social security programs, fiscally and financially, without taxes and burdens on the formal sector; and (4) the need to work from a “productive perspective” that would integrate us into the value-added knowledge economy.

The Chair thanked the presenters and invited attendees to a break. Afterward, the session resumed with presentations by the ministries of labor; these are summarized below.

The Honorable Hilda Solis, Secretary of Labor of the United States, focused on the relevance of employment issues in the response to the crisis. She applauded the recent G-20 meeting at which world leaders had reaffirmed job generation and support to workers as central goals of recovery efforts. She noted the decision to hold a meeting of G-20 labor ministers in her country. She said the measures adopted in the United States centered on protecting and restoring the living standards of those who had been victims of the crisis. For that purpose a multisectoral strategy had been designed, involving economic, environmental, education, and labor authorities, among others, and set

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forth in the American Recovery and Reinvestment Act. Under this strategy, the Department of Labor had increased vocational training and expanded unemployment insurance and health insurance coverage to those who had lost their jobs. It also contained a commitment to protect the rights of workers, promote unionization and collective bargaining, and support businesses, mostly mid-sized and small enterprises. Secretary Solís said the Recovery Act was bearing fruit, but recalled that the hard times were still with us and labor ministries would need to persist in these efforts beyond the recovery. She said that although the ministries operated in different contexts, they shared values and goals: raising living standards, ensuring that the gains of recovery would not bypass the most vulnerable, bringing people out of poverty and placing them in good jobs, and guaranteeing that workers’ right were protected. She therefore celebrated the existence of this IACML, which made cooperation and exchange possible, and announced that her government would make a financial contribution to the RIAL.

The Vice Minister of Labor and Employment of Brazil, Mr. André Figuereido Lima, applauded the initiative of organizing this dialogue among economic and labor ministries. He said this global crisis called for measures coordinated at the national level and linked to international coordination initiatives. He referred to various tools that had allowed the Brazilian Government to respond quickly to the crisis, such as the Workers’ Support Fund (FAT) and the Service Time Guarantee Fund (FGTS); these were administered in a tripartite manner and their resources directed toward housing and infrastructure projects. He also pointed to the expansion of the Bolsa Família Program, which served 12 million families in extreme poverty, and the expansion of unemployment insurance. He said returning to the way things had been before the crisis without making changes in the international economic order was the best way to bring about another crisis; the multilateral system must be reformulated so as to regulate and monitor the financial market and achieve effective mobilization of technical, human, and financial resources and allow the poorest countries to meet the MDG. He said Brazil was doing its part through various South-South cooperation initiatives. He reaffirmed his Government’s determination to translate the G-20 commitments into specific steps and to implement the Declaration and Plan of Action of this XVI IACML. In conclusion, he applauded the G-20 decision to make employment and decent work central elements of recovery policies.

The Chair of the XVI IACML, the Honorable Carlos Tomada, in his capacity as Minister of Labor, Employment, and Social Security of Argentina, spoke on policy coordination. He started by saying that economic growth was not always accompanied by employment and development, as recently witnessed in Argentina and other countries. He said we had learned that it was impossible to promote social development without placing social goals at the center of economic policy and without effective coordination of policies to mobilize and coordinate social and economic actors and institutions. He said Argentina had a social policy coordination cabinet consisting of the Ministries of the Economy, Education, Health, Social Development, Labor, and Science and Technology. In response to the crisis, he said, the government had formed a crisis cabinet consisting of the Ministries of the Economy and Labor, among others, through which it had generated fiscal, labor, and production stimulus policies. In this context, Ministry of Labor policies focused on preserving labor relationships, improving wages and pensions, and strengthening training policies. He said the present crisis underscored the need for progress toward a paradigm shift and a new development model, confirming that markets did not balance themselves alone and that a comprehensive statement of government policies to efficiently coordinate state, market, and society was needed. He applauded the recent G-20 Declaration and pointed to the challenge labor ministries faced in continuing to place employment on the international agenda. In conclusion, he said there could be no economic growth, and no social peace, without decent work, and only the coordinated effort of various ministries could

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lead to the implementation of effective policies, not only to overcome the present situation but to consolidate a more equitable economy with social justice.

The Chair called the session to a close, recalling that today was the World Day for Decent Work.

E. Third plenary session – The role of ministries of labor in addressing the crisis

The third plenary session began on October 7, 2009, at 3:00 p.m. The Chair of the XVI IACML recognized the heads of delegation of Chile, Mexico, Jamaica, and Venezuela. This session was also attended by the distinguished President of the Argentine Republic, Cristina Fernández de Kirchner. A summary of each presentation follows.

The Honorable Claudia Serrano, Minister of Labor and Social Security of Chile, began her statement by stressing that her Government, in addressing the crisis, attached priority to overcoming unemployment, and that the crisis had produced a remarkable capacity for institutional and policy coordination and a sense of national unity. She said the Government of President Michelle Bachelet had bet on the concept of social protection and the implementation of a social state based on the notion of rights, both reflected in the consolidation of institutional reforms and policy design that had led to a very solid social protection system. She emphasized that the labor ministry was better prepared than in the past to face the crisis, and recognized that its response capacity had to do with this institution and with the coordination of decision-making among the economic, infrastructure, labor, and social protection areas. She cited three tools employed by her Government to address the crisis: improvements in unemployment insurance, which allowed for social protection with containment; a youth employment subsidy to make hiring and keeping young people more attractive; and the National Employment Agreement, with efforts directed at instruction and training and preserving jobs. Finally, she discussed certain challenges of recovery, including the capacity for dialogue and working together to build a labor agenda not solely for times of crisis.

The Chair of the XVI IACML expressed gratitude for the presence of the highest-ranking workers’ representatives and of the countries’ delegates, governors, and ambassadors. He said their attendance gave the proper weight and context to this meeting. He then recognized the Representative of Mexico.

The Chief of the International Affairs Unit of the Secretariat of Labor and Social Welfare of Mexico, Daniel Ludlow Kuri, said the crisis should also be approached from a human standpoint and employment should be the focus of government policy decisions based on the new role of the state as proactive regulator and provider of social protection. Therefore, he said, the countercyclical measures promoted by President Felipe Calderón had placed special emphasis on job preservation, fostering the generation of temporary employment through infrastructure projects, and increasing social protection of workers affected by the crisis. He said the strategy for reducing unemployment should include three elements: a combination of active and passive labor market policies, respect for the rights of workers, and social dialogue. He mentioned in particular the National Accord for the Family Budget and Jobs, signed in January 2009, which promoted measures to increase hiring, preserve existing job sources, and avert job loss. He named some specific measures under the Accord and concluded by saying that attention must also be given to structural design problems that limited economic growth, competiveness, and productivity.

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The Director General of Employment of the Ministry of Labor and Social Security of the Bolivarian Republic of Venezuela, Alejandro Boscán, noted that his Government had taken certain structural measures in 1999 to forestall the effects of the crisis. He said the role of the labor ministries should center on eliminating labor and social inequality and that his Ministry sought to establish new relations of human coexistence based on equity, social justice, and solidarity. He also pointed to certain policies and measures designed by the Ministry to strengthen the protection of social and labor rights, such as maintaining wage levels and job stability, instilling a culture of adherence to labor and fiscal law, incorporating workers with unequal access to security and health into state enterprises, and equal treatment of national and migrant workers. He stressed that the National Employment Service had strengthened its measures and pointed to the occupational health and safety committees, the breadth of social dialogue, the increase in the number of pensioners, the ratification of various collective labor conventions, strict execution of public spending, and the launch of the Special Employment Plan to reduce job loss. He concluded by affirming that the labor ministries should devise and develop policies of great social impact that could reverse the consequences of the crisis.

The Honorable Minister of State of Jamaica, Andrew Gallimore, began his presentation by saying the IACML provided a platform for the labor ministries to articulate their points of view and coordinate their activities. He said the role of labor ministries in the context of the present crisis was even more crucial, and that they should focus on employment, decent work, social protection, and labor market reform. He said the Global Jobs Pact, adopted at the 98 th session of the ILO, should serve as the framework for addressing the crisis, and recommended certain practical measures at the international and local levels. He noted, in the area of social protection, that the ministries faced the challenge of developing both a social protection foundation for workers and a safety net for the growing number of unemployed and other vulnerable groups. In this area he said Jamaica continued to expand benefits under its PATH program targeting the most vulnerable citizens. In the area of labor market reform, he emphasized that labor ministries should focus on a legislative agenda that facilitated job creation. He added that they should also continue to focus on the themes included in the Declaration of Buenos Aires. He concluded by commenting that the challenges they faced were enormous but their collective experience and the wisdom gained from it, together with collaboration at the IACML, would lead to a clearer path in the road ahead.

The Chair of the XVI IACML expressed appreciation for the statements and said that every story, and the restored role of the labor ministry in each one, marked a substantial shift in the formulation of government policy.

The Chair then welcomed the President of the Argentine Republic, Ms. Cristina Fernández de Kirchner, and gave the floor to Ambassador Alfonso Quiñónez and to the Director General of the ILO, Dr. Juan Somalia, for brief comments on the occasion of the President’s visit.

Ambassador Alfonso Quiñónez, Executive Secretary for Integral Development of the OAS, thanked the President, recognizing that her presence was an honor by virtue not only of her office but also of her own commitment and that of her government to facing the crisis with a central focus on the human being and with human welfare as the essential aim. He conveyed greetings from the OAS Secretary General, Mr. José Miguel Insulza, and his apology for being unable to participate, as he was attending to the situation in Honduras. He said that under the leadership of Argentina, the IACML would continue to evolve in a positive manner, and reaffirmed the support of the OAS, as Technical Secretariat, in the certainty that policy dialogue, consensus-building, and cooperation

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among the region’s ministries of labor were essential to ensuring democratic governance, collectively facing the most pressing social and labor needs, and, most of all, reaching the necessary political and social consensus to overcome the crisis.

Then the Director General of the ILO, Mr. Juan Somalia, spoke to the President, commenting on her success to date, given the extraordinary convergence and the way all the attendees were learning from one another. He stressed that the President was a leader who embodied the theme of the conference, “Facing the Crisis with Development, Decent Work, and Social Protection.” He noted her government’s leadership in working for employment, job protection, the purchasing power of workers, and social protection, and stressed that although national policies were necessary, their international coordination was as well. He applauded the President’s efforts, her leadership in international forums in support of ILO values, and her success in involving the ILO in the G-20 process and, recently, in the G-20 meeting in Pittsburgh, in the United States. Finally, he said this OAS Conference would serve as a contribution to the next meeting of ministers of labor of the G-20, and that, as Argentina was doing, it was possible, though complex and difficult, to achieve recovery and growth with employment.

Thanking Ambassador Quiñónez and Mr. Somalia for their comments, the President of the Argentine Republic, Cristina Fernández de Kirchner, welcomed the ministers of labor of the Americas and the region’s union and business leaders. She went on the say that the job destabilization throughout the Hemisphere had resulted not from an economic system but from a way of thinking. She said deliberations at this Conference should center on the need for strong, active government policies, which, though complex and problematic, must be seen as the true solution in terms of countercyclical policies. She said it was necessary to coordinate the public with the private, and to develop domestic markets with purchasing power for workers and decent working conditions in each and every country. She said the great challenge was precisely to conduct this debate, since it was a discussion of ideas, not a question of doctrines or economic theories. She said the region was called upon to take a leading role and therefore must strengthen its democratic systems. She concluded by welcoming everyone in attendance and inviting them to continue the discussion of a new system of ideas to replace the one that had failed.

The Chair of the XVI IACML again thanked President Fernández de Kirchner for attending the forum and gave the floor to the Chair of COSATE, Mr. Gerardo Martínez, who requested an opportunity to refer to the Second World Day for Decent Work.

Mr. Martínez said thousands of workers had marched that day, the Second World Day for Decent Work, to say once more that they would not pay for this crisis and that returning to the past was not an option. He noted that the present opportunity with the business sector allowed them to spur changes that could improve the social status and quality of life of the region’s workers. He again urged implementation of the measures and tools discussed at these conferences, where each country explained its situation and what it needed to solve the problem of unemployment, hunger, and poverty. He stressed that, in order to strengthen democracy, it was necessary to do as the Conference title said: face the crisis with development, decent work, and social protection. In conclusion, he presented the Chair of the XVI IACML with a joint document from the central union organizations of Argentina, prepared for this World Day and containing a call to action.

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Before closing the third session, the Chair of the XVI IACML read the first paragraph of the document presented by the COSATE representative, which expressed the intent to work for innovative, diverse solutions that would make decent work and social protection pillars of development. He closed the third plenary session remarking that these lines summarized the spirit of the meeting and expressing his satisfaction at having received the document on the Second World Day for Decent Work.

F. Fourth plenary session - Encouraging social dialogue and collective bargaining

The fourth plenary session began on October 8, 2009, at 9:00 a.m. The Chair of the XVI IACML recognized the heads of delegation of Canada, Uruguay, and the Dominican Republic, and the Chairs of COSATE and CEATAL. A summary of each presentation follows:

The Honorable Hélène Gosselin, Deputy Minister of Labour of Canada, began by referring to the economic plan of action adopted by her government, consisting of an investment of 61 billion dollars to stimulate the economy and restore confidence. She noted the important role of labor ministries in helping their employers and workers deal with the present crisis and in strengthening social dialogue, and noted that consultations with interest groups in Canada were essential to the design, implementation, and evaluation of policies and programs, to legislative reform, and to the negotiation of cooperation agreements. At the hemispheric level, she pointed to her Government’s financial support to COSATE and CEATAL, which had enabled them to participate in the IACML activities. She also reported the launching of a specific support fund, a flexible mechanism within the work plan to respond to ad hoc cooperation proposals by labor ministries and employers’ and workers’ organizations. She concluded by reaffirming Canada’s readiness to share its experience and to learn from others and by urging the governments of the Hemisphere to continue strengthening social dialogue mechanisms so as to promote strong, effective relations between governments, employers, and workers.

The Honorable Julio Baraibar, Minister of Labor and Social Security of Uruguay, noted that his country had had a progressive government since 2005. He said that one of its first measures had been to reinstate the “wage councils,” a means of tripartite collective bargaining by activity, which also set the minimum wage for each category. He reported that three rounds of councils had been held to date, with approximately 200 negotiating panels each; the results had been excellent, especially the wage agreements reached by consensus in 85% of cases. He added that these negotiations had brought in new sectors, such as government and rural workers and domestic employees, and that collective bargaining had brought about stronger employers’ and workers’ organizations and improved relations among them. He then presented a summary of the principal labor laws adopted and listed the social dialogue forums in place since 2005. He concluded by pointing to certain achievements of his government and recommended that countries in any way affected by the crisis follow the path set by the Uruguayan Government.

The Chair of the XVI IACML thanked Uruguay for its presentation and congratulated the Minister on that important legislative activity. He then recognized the representative of the delegation of the Dominican Republic and the Chairs of COSATE and CEATAL.

The Honorable Secretary of State of Labor of Dominican Republic, Max Puig, opened his presentation with a summary of the economic situation in the Dominican Republic and its labor market. He said that, in response to the crisis, the President had convened a Summit for National

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Unity in Response to the World Economic Crisis, in February 2009. The Summit, attended by numerous actors of the three sectors, produced agreements on certain social protection measures, inter alia, that were being implemented progressively by the government. He pointed to the creation of forums for dialogue and consensus-building, the sectoral and thematic tripartite meetings, and the holding of tripartite workshops with ILO assistance. He concluded with some thoughts that had arisen during the process: the need for unity among all the country’s sectors in times of crisis, society’s capacity to reach major agreements if things were done transparently, the government’s commitment to measures that were economically, politically, and socially viable, the contribution of social dialogue to improving coordination among political and civil society sectors, and that the crisis could serve to enhance the capabilities of the nation’s sectors to overcome both temporary problems and structural flaws.

The Chair of COSATE, Gerardo Martínez, expressed his satisfaction over the new perspective he noted at the IACML and pointed to the Global Jobs Pact, designed to bring about reflection on and understanding of the world context through tripartite dialogue. He also noted that the IACML was an opportunity to design, through policy, an opportunity to improve the social and labor status of peoples, and that workers’ representatives could contribute knowledge to enrich the policy discussions from the standpoint of the interests they represented. He asked the political leaders, as those responsible for ensuring tripartite dialogue, how it could be that the region’s growth had not translated into social and labor gains, and said that equitable distribution and structural change that would allow social and labor conditions to improve in the region were still lacking. He said that decent work was an alternative that must be enhanced and put into practice, by strengthening, inter alia, collective labor agreements and social dialogue. He concluded by calling attention to the situation still persisting in Colombia, where 90 union representatives had died; to financial stability in the global context; and to the events in Honduras, all of these matters addressed in the declaration of workers’ representatives that was delivered at the Conference.

The Chair of CEATAL, Daniel Funes de Rioja, began his statement by commenting that, despite varying views on the causes of the crisis, the shared exercise of discussing them at the recent International Labour Conference, in the context of the Global Jobs Pact, had helped to identify common paths toward overcoming the crisis. He affirmed that, in order to overcome the crisis and mitigate its countercyclical effects, consensus had been reached on the need for dignified, decent work, employment, sustainable enterprise, social dialogue, social protection models, and social safety nets. He emphasized his conviction that the exercise of democracy and respect for the rule of law and fundamental rights was a concern of all businesspersons, and urged the OAS to continue pursuing its mission of correcting any situation that threatened those principles. Lastly, he read aloud the CEATAL Declaration, a document containing the thoughts of this body on the world economic crisis and its consequences in the labor market.

The Chair of the XVI IACML opened the forum to interministerial dialogue, which is summarized below.

The Honorable Minister of National Security and Labor of Antigua and Barbuda, Errol Cort, called attention to the situation of middle-income, highly indebted countries that lacked the necessary resources to stimulate demand and meet the criteria of decent work and workers’ social protection. He asked that consideration be given to debt forgiveness for Caribbean countries, so as to create a fiscal opportunity to better address the challenges of the crisis.

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The Honorable Minister of Labour of Suriname, Joyce Amarello-Williams, noted the importance of saving for times of crisis. She said this was the case of Suriname, which, thanks to savings, was still able to execute many of its programs and policies, despite its drop in revenue. She also reported the adoption of a decent work agenda, in close collaboration with social actors.

The representative of Argentina, Secretary of Labor Noemí Rial, mentioned the long history of collective bargaining in her country and how this and social dialogue worked as tools of growth and wealth distribution. She also said Argentina had special characteristics that made negotiation and dialogue indispensable in dealing with the crisis.

The Honorable Minister of Labour and Immigration of Barbados, Arni B. Walters, shared the experience of the tripartite social alliance and its evolution since its inception in 1993. He mentioned, inter alia, a number of that association’s recommendations for dealing with the present crisis, as well as the adoption of five protocols, thus indicating how the social alliance had worked well in Barbados, despite some difficulties also encountered.

Lastly, the Honorable Minister of Labor and Social Security of Guatemala, Edgar Alfredo Rodríguez, noted the importance of social dialogue in his country in preventing the effects initially expected from the crisis. He noted that the Tripartite Commission had produced excellent results, such as strengthening collective bargaining, which had led to the conclusion of collective agreements, such as his Ministry’s Collective Labor Conditions Agreement.

After thanking all the delegations, the Chair formally closed the fourth plenary session

G. Fifth plenary session - Strengthening social protection in the crisis

The fifth plenary session began on October 8, 2009, at 11:30 a.m. The Chair of the XVI IACML recognized the heads of delegation of Panama, Ecuador, and Trinidad and Tobago. A summary of each presentation follows.

The Honorable Minister of Work and Labor Development of Panama, Alma Cortés Aguilar, stressed that although the economy of Panama was one of the few in the region with a positive forecast, her government, led by Ricardo Martinelli, was not neglecting efforts in the area of social development. Among its efforts to strengthen social protection, she pointed to the promotion of corporate social responsibility, the reactivation of the National Minimum Wage Commission, the creation of the Opportunity Network, community development programs, and the program “A Hundred for the Seventies,” directed at senior adults without pensions. She placed special emphasis on the recent program “My First Job,” aimed at training youth between the ages of 18 and 29 to earn their work proficiency certificates. The program consisted of a stipend equivalent to US$100 per month given to youth during their training, after which they were hired by private enterprise. Despite the recent nature of this program, to date over 20,000 young people were enrolled and about 400 firms were ready to give them their first opportunities.

Then the Honorable Minister of Labor Relations of Ecuador, Richard Espinosa, began his statement by remarking that although Ecuador had implemented the principle of universal insurance, it had also been necessary to maintain assistance programs. Nevertheless, he hoped that the latter could be reduced as the economic restructuring gradually led to better wealth distribution, institutional reforms, and the consolidation of a strong economy. He also said eliminating labor

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outsourcing and other employment destabilizers had made it possible to institute formal social protection for thousands of workers who joined the formal labor market. He said those who earlier had been called “vulnerable groups” now were considered “priority attention groups,” subject to special protection and new rights and opportunities. He concluded by saying the strategy for addressing the crisis involved five policy areas: public investment for development, fostering production and private investment, economic inclusion, macroeconomic policy favoring employment, and protection of household income.

Then Ms. Roslyn Khan-Cummings, Permanent Secretary of the Ministry of Labour and Small and Micro Enterprise Development of Trinidad and Tobago, said social protection was one of the pillars of the decent work agenda and therefore central to the IACML’s discussions over recent years. On the regional level she mentioned, on the one hand, the formation of a working group within CARICOM to consider solutions to the challenges posed by the crisis, including their impact on poverty and unemployment; on the other, she mentioned the Caribbean tripartite meeting held in Jamaica to discuss the promotion of human prosperity beyond the crisis. She discussed some of the measures her government had implemented to reduce the impact of the crisis, as part of Vision 2020, its National Strategic Plan, such as programs in the areas of food assistance, education, health, housing, and assistance to at-risk groups. She said some of the challenges of social protection were universal coverage, changing perceptions, and sustainability. She concluded by recalling that, as the ILO had said, there was no single model for guaranteeing social security; every society must define it according to its own cultural and social values; therefore they must continue discussing their various experiences.

The Chair of the XVI IACML asked Ms. Khan-Cummings to convey his gratitude to Minister Rennie Dumas of Trinidad and Tobago for his leadership at the XV Conference. He also noted the clarity of each speaker’s commitment to strengthening social security and added that a new element to consider in reflecting on this topic was the recent link between social programs, programs to protect more vulnerable groups, and engagement in the labor market. This link involved not only solidarity but also another way to maintain aggregate demand and, therefore, seeing social protection not only as a consequence of, but also a factor in, economic development. In conclusion, he offered the floor for a dialogue among the ministers, which is summarized below.

The Honorable Minister of Social Affairs and Labor of Haiti, Gabrielle Beaudin Previllon, after mentioning some of the consequences of the crisis, called upon the ministers of labor for solidarity and cooperation among sister nations and for the definition and effective implementation of policies and programs capable of addressing the challenges of the crisis in Haiti, such as unemployment. She urged the XVI IACML to establish conditions conducive to development of OAS action to address the crisis and called for more active means of exchange and cooperation in extending the coverage of social protection for workers and of vocational training for youth hard-hit by economic and social marginalization.

The Honorable Minister of Grenada, Karl Hood, asked for a look at the small island states that had also taken measures to mitigate the crisis. He asked how effective these measures could be when the unemployment rate exceeded 30% and the debt exceeded 100% of GDP, and asked where an injection of capital to support other priority programs would come from. He also suggested the possibility of debt forgiveness for the small states, so that they might have capital for the most marginalized.

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Vice Minister Calixto Mejía of El Salvador said that at present a Global Anti-crisis Plan was being developed, which included various measures to expand the protection system. He recalled the armed conflict El Salvador had undergone and recognized the importance of leaving to future generations a country where that would not happen again. He stressed that precisely therein lay the challenges and the importance of the IACML as a framework and forum for cooperation and solidarity.

Thanking the delegations for their valuable comments, the Chair formally closed the fifth plenary session.

H. Closing session

The closing session was held on October 8 at 3:00 p.m. The Chair of the XVI IACML opened the session with the election of the incoming chair pro tempore and new member of the IACML troika. He asked the countries whether they had any interest in this position and then recognized the delegate of El Salvador.

Mr. Calixto Mejía, Vice Minister of Labor of El Salvador, said his country would be honored to host and chair the XVII IACML, if the Conference were amenable.

The Chair, on behalf of Argentina and of the OAS, expressed deep gratitude for this candidacy. He then recognized the Heads of Delegation of Mexico, Brazil, Canada, the United States, Panama, and Chile, who unanimously seconded the nomination and thanked El Salvador for its offer to host the next Conference. The delegations then elected El Salvador, by acclamation, to serve as the next Chair of the IACML.

The Vice Minister of Labor of El Salvador, on behalf of President Mauricio Funes, thanked the Conference for its confidence in and support of El Salvador. He said this represented a great challenge and he hoped the upcoming Conference would continue to help make the Americas more cohesive and inclusive. He said the Conference would take place against the backdrop of his country’s bicentennial of independence. In conclusion, on behalf of the people of El Salvador, and of their native land, enriched through the sacrifice of so many, he gave thanks for the honor of this designation.

The Chair then presented for consideration the Draft Declaration and Draft Plan of Action of Buenos Aires, which were adopted by acclamation; these are provided in Annex I to this report. He called these documents a reflection of outstanding consensus-building, their having been developed in a time of change.

The Honorable Julio Baraibar, Minister of Labor and Social Security of Uruguay, requested the floor to thank Minister Tomada and his team for their excellent organization of this Conference and their generous hospitality, and to place before delegations for consideration the draft resolution “Vote of Thanks to the People and Government of Argentina.” He read the draft resolution aloud; it was adopted by acclamation and is provided in Annex I to this report.

The Chair thanked the delegations and placed before them for consideration the draft resolution on the “Contribution the XVI IACML to the G-20 Process.” The proposal was seconded

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by the Head of Delegation of Paraguay and adopted by acclamation. The resolution is provided in Annex I to this report.

The Chair recognized the Executive Secretary for Integral Development of the OAS, Dr. Alfonso Quiñónez, who thanked Minister Tomada for his splendid leadership of this Conference and his team for its excellent organization. He said that during these days the Conference had analyzed the region’s challenges, confirmed that the countries had responded swiftly to the crisis and proposed multisectoral responses, and reaffirmed the focus on decent work and social protection in addressing these challenges, aware that there would be no true recovery without human development. He pointed to the resolution on IACML contributions to the G-20, saying the region had much to contribute, and thanked Argentina for its leadership in placing social issues on that agenda. He thanked COSATE and CEATAL, congratulated them on their new status as consultative bodies, and reaffirmed the importance of social dialogue in this process. He thanked the ILO, not only for its presence at this meeting at the highest level, i.e., Director Somavía, but also for its close and ongoing collaboration with the OAS. He also thanked the Director of the OAS Department of Social Development and Employment, Francisco Pilotti, María Claudia Camacho, and the other members of the team for their intense work in planning this Conference, and reaffirmed the OAS’ commitment to this process and its unwavering support of El Salvador. Lastly, he thanked Minister Tomada once again for this excellent meeting and, as a token of appreciation, gave him a set of OAS flags representing the unity of the Hemisphere.

The Chair expressed appreciation for this gift and said all the work of preparing for this Conference had been done not only from the heart and with passion, but also from conviction, because Argentina believed deeply in this forum for dialogue and ideas. He emphasized the need to discuss and build ideas, especially now in response to the crisis, and recalled that the Declaration of Buenos Aires, in gestation since 2007, had been adapted along the way to incorporate new points of consensus, such as recognition of the active role of the state. He said in this Declaration we were not returning to prescriptions from the past, such as flexibilization in response to the crisis; on the contrary, the Declaration focused on protecting the rights of workers, strengthening social protection, and the need for a state committed to preserving and protecting jobs. He said this was the great value of this Conference, which continued to work on ideas to replace the old points of consensus, such as the Consensus of Washington. He thanked the OAS and recalled the report presented, emphasizing the RIAL, which was firming up successfully, and which he saw as a major element of support to labor ministries in their efforts. He referred to the leadership roles these ministries continued to acquire in terms of government policy, which called upon them to strengthen their capacity to preserve jobs, improve wages, and increase the capacity of the labor force. He thanked the team of his Ministry and the foreign ministry for their intensive efforts in preparing for this event. In conclusion he invited the ministries to continue working toward new ideas that would bring about a different world–a better and more just one.

With these remarks the Chair formally closed the XVI Inter-American Conference of Ministers of Labor of the OAS.

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APPENDIX I – RESOLUTIONS

Declaration of Buenos Aires 2009

Plan of Action of Buenos Aires 2009

Resolution 1: Modify the status of COTPAL, COSATE and CEATAL in the IACML

Resolution 2: Amendment of the Organization Plan of the Trade Union Technical Advisory Council

Resolution 3: Contribution of the XVI IACML to the G-20 process

Resolution 4: Vote of thanks to the people and government of Argentina

Declaration of COSATE to the XVI IACML

Declaration of CEATAL to the XVI IACML

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/DEC.1/09 (XVI-O/09)October 6-8, 2009 8 October 2009Buenos Aires, Argentina Original: Spanish

DECLARATION OF BUENOS AIRES 2009: “FACING THE CRISIS WITH DEVELOPMENT, DECENT WORK,

AND SOCIAL PROTECTION”

(Adopted at the Closing Session held on October 8, 2009 and pending revision by the style committee)

1. WE, THE MINISTERS PARTICIPATING IN THE XVI INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR (IACML) OF THE ORGANIZATION OF AMERICAN STATES (OAS), met in Buenos Aires, Argentina on October 6 to 8, 2009, conscious of the effects of the international economic crisis and especially concerned about its impact on employment levels and job quality, and recognizing that the State in its role as guardian, among other roles, has a proactive part to play in promoting employment and protecting the rights of workers, propose to move forward with a variety of innovative solutions that place decent work and social protection as fundamental pillars of development.

2. In the present context of the global economic downturn, we reaffirm our commitment to integral development and the principles of international cooperation and solidarity reflected in the Charter of the OAS. We confirm the full force and effect of the Inter-American Democratic Charter of the OAS, adopted in Lima, Peru in September 2001, and reaffirm that democracy and social and economic development are interdependent and mutually reinforcing: and further, that the promotion and strengthening of democracy requires the full and effective exercise of workers’ rights.

3. We reaffirm our obligations as members of the International Labour Organization (ILO) and our commitments to promote, respect and realize the principles in respect of the fundamental rights contained in the ILO Declaration. In this framework, we look to the ILO Declaration on Social Justice for a Fair Globalization adopted in 2008, and to the resolution concerning the promotion of sustainable enterprises adopted at the 96th Session of the International Labor Conference for guidance.

4. We adopt the resolution “Recovery from the crises: A Global Jobs Pact” that came out of the 98th Session of the International Labor Conference designed to guide national and international policies aimed at stimulating economic recovery, generating jobs and providing protection to working people and their families.

5. We recall the labor mandates of the Fourth Summit of the Americas and the Fifth Summit of the Americas, in whose declarations the Heads of State and Government of the Americas reaffirmed the central role of decent work in order to fight poverty and strengthen democratic governance. Further, we reaffirm our commitment to the promotion of human prosperity and will

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implement the specific mandate of our Heads of State and Government in the Declaration of Commitment of Port of Spain 2009 to endorse at the Sixteenth IACML a work programme that advances the objectives of the promotion of decent work.

6. We express our concern that the present international economic crisis is affecting millions of workers in our region. The impact of the current framework, requires the countries of the Americas to take complementary actions at the national and regional level, allowing for our differences and disparities, but committed to our common goals and persistent in our policies in order to maintain activity levels and to continue promoting improvements in the living standards of our peoples.

7. We recognize the positive contribution of trade among our nations to the promotion of growth, employment, and development. We will therefore continue to insist on an open, transparent and rules-based multilateral trading system. We further recognize the need for all our peoples to benefit from the increased opportunities and welfare gains that the multilateral trading system generates. We commit ourselves to continue analyzing, within the limits of our competencies, the labor dimension, the cooperation mechanisms contained therein, and the effects on employment of the regional and subregional integration processes, as well as of bilateral and multilateral free trade agreements.

8. Convinced of the need to involve society as a whole in policy shaping, we recognize that dialogue among governments and the social actors is an indispensable mechanism for generating the consensus which would enable the social, political and economic sustainability of strategies for facing the crisis and provide a broader basis of legitimacy for public policies designed to meet the fundamental needs of our peoples.

9. We are convinced that promotion of employment levels and protection of job quality, in addition to being a prerequisite for sustainable democratic systems, are an indispensable objective in tackling the impact of the crisis on the living standards of our peoples.

10. Therefore, we, the Ministers of Labor of the Hemisphere, conscious of the need for the State through its public policies to play a proactive role, and to foster the accomplishment of the aforementioned objectives, adopt the following recommendations to guide the development of active labor policies in our respective countries and to serve as a frame of reference for regional exchange and cooperation measures.

COORDINATION OF POLICIES AND PROGRAMS FOR PROMOTING EMPLOYMENT AND PROTECTING WORKERS’ RIGHTS: A GUIDING FRAMEWORK IN FACING THE CRISIS

11. We highlight the recovery and stimulus measures that have been implemented by our countries and others around the world in response to the greatest economic crisis in modern times. We are firm in our belief that the success of our actions will be measured by the men and women engaged in dignified, decent and productive work.

12. We reaffirm our conviction of the need to continue to create innovative responses and policies to confront the economic crisis which, on one hand, should be based on an integrated approach that includes the economic, labor, social and ecological dimensions, and, on the other,

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should combine medium and long-term strategies and emergency measures for promoting employment and protecting workers’ rights.

13. We declare our resolve to continue promoting employment and decent work as central issues of debates and decisions of the multilateral system, in order to tackle the crisis through coordinated actions and to set the foundations for a new development strategy in the context of democracy and renewed global cooperation.

14. We will renew efforts to contribute to employment creation and preservation in collaboration with social and productive actors, other ministries and government agencies, within a framework of economic and environmental sustainability that combines management of natural resources and technological innovation in harmony with the objectives of decent work. In the same way, and embracing the postulates of the United Nations Environment Programme (UNEP), we will promote quality employment in jobs created in the framework of an environmentally sustainable development in view of its potential to generate income, create decent work, and reduce poverty.

15. Within the framework of the crisis, we will promote synergies between public and private investment in infrastructure, in order for project planning and execution to be oriented towards those projects that contain a high employment coefficient and that, at the same time, promote decent work and enhance job skills.

16. Based on the foregoing, at the national level and at local levels, we believe collaboration and exchange with other ministries and organizations in the economic, educational, and social sectors to be essential in developing measures to stimulate effective demand, help to maintain the purchasing power of workers’ wages, sustain and fuel the growth of businesses, and contribute to an improvement in employment levels, inter alia, through macroeconomic stimulus packages, as appropriate.

THE ROLE OF MINISTRIES OF LABOR IN ADDRESSING THE CRISIS

17. In this time of economic crisis and, given its impact on employment, acknowledging the important role of our ministries in this context, we will strengthen labor administration capacity as a central element of all measures aimed at ensuring protection for workers, social security coverage, active employment policies, and social dialogue. The Ministries of Labor, as appropriate, can play a positive role contributing to the development of harmonious labor relations, healthy and safe work environments and negotiated salaries. Their contributions are key for economic recovery and prosperity with sustainable enterprises.

18. We reaffirm our commitment to ensure the effective enforcement of our national labor laws and ensure effective observance of fundamental principles and rights at work. We recognize that international labor standards will support economic recovery, and therefore, that their promotion is especially important at this time.

19. We will intensify our efforts to bring a significant reduction in levels of unregistered work, implementing or strengthening labor inspection and other mechanisms to enforce national labor laws in the workplace.

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20. Recognizing the heterogeneity of the informal economy in the countries of the hemisphere, we will encourage the adoption of measures to bring about its gradual formalization. This will help to improve working conditions and productivity, and will promote the Decent Work Agenda.

21. We will foster skills development, upgrading, and retraining for workers through technical, technological and professional training programs - coordinated with education and production needs, in order to improve their employability, with particular attention to those who will enter the labor market for the first time, those who are out of work, those in danger of losing their jobs, and the most vulnerable groups. We will encourage the development of competencies that enable appropriate harnessing of the potential of new information and communication technologies (ICTs) for enterprises and workers.

22. We will improve labor competencies and certification of skills, and seek the necessary resources for Public Employment Services, as entities responsible for promoting active policies of labor insertion, training and mobility, so that jobseekers receive adequate services. Furthermore, we will strive to ensure the quality and availability of their services, in particular for individuals and groups most vulnerable to the crisis.

23. We recognize the need to strengthen or implement active and passive policy instruments, in accordance with national circumstances, such as well-targeted emergency employment programs, in order to cushion the increase in unemployment, provide incomes to workers who have been laid off or are at risk of losing their jobs, and build competencies that improve the employability of workers.

24. We will promote active policies to preserve employment in those companies whose situation could affect economic activity and employment levels according to the situation of each country. We will work, in collaboration with the social partners, to find options to minimize job losses or otherwise mitigate the employment effect of the economic crisis within the framework of respect for workers rights and ongoing social dialogue.

25. We recognize the contribution of sustainable enterprises, including micro, small and medium size enterprises and other production units, to poverty reduction, wealth creation and employment generation. In current times, in some countries, there are enterprises that face a decrease in demand that, coupled with less access to credit, threatens their sustainability and could consequently lead to a decrease in jobs. Therefore, we will contribute to the creation of an enabling environment for the establishment and growth of enterprises.

26. We will redouble our efforts to promote equal treatment and equal opportunities in the world of work, so that the economic crisis does not become a pretext for increased discrimination in the labor market. We will augment our efforts, paying particular attention to vulnerable groups to provide assistance and opportunities to young people at risk, persons with disabilities, senior citizens, low-paid and less qualified workers, persons employed in the informal economy, and migrant workers, among others.

27. We will promote policies to provide full access to employment opportunities and technical, technological and professional training, as appropriate, for the population, in particular vulnerable groups, so that they can overcome poverty and social exclusion, where it exists, in the framework of policies to combat all forms of discrimination at work.

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28. We will deepen our efforts to eradicate forced and obligatory labor in all modalities, including bondage and semi-slavery, through integrated actions by the government and the society.

29. We will work towards a continuing reduction in the gender gap, promoting a reduction of the disparities that exist between men and women in the world of work. Notwithstanding the progress made in the last decades, there are challenges that become more relevant with the current economic crisis. We commit ouselves to reinforce the mainstreaming of the gender perspective in employment policies, and promote it in recovery programs. We will strive, in the area of our competences, to ensure that all workplaces are free from violence and different forms of harassment. We will contribute to equity initiatives in the workplace that lead to a better balance between family and workplace responsibilities.

30. We will give priority to reducing unemployment and precarious jobs for young people in the hemisphere and will redouble efforts for their inclusion in vocational training, apprenticeship, educational reentry programs and models for school to work transition, in order to increase their access to decent and productive work.

31. 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 accordance with the commitment by our Heads of State and Government at the Fourth Summit of the Americas. In addition, we will contribute to the adoption of coordinated national strategies to prevent and eradicate the worst forms of child labor by 2020 at the latest, in accordance with the Declaration of Commitment of the Fifth Summit of the Americas and the Plan of Action of the Fourth Summit of the Americas.

32. We underscore the need for national occupational health and safety policies and programs which promote prevention and control of occupational hazards, that reaffirm the commitment of states and of employers and workers in promoting effective measures in this area, adopting an interagency approach.

33. We will collaborate with Ministries of health to help reduce the effects of phenomena such as pandemics or health crises which can impact on the health of the population and on the economy of countries and employment, by appropriate legislation and regulation and by the promotion of the design and implementation of preparedness plans in companies and workplaces, with a view to limiting the effects on workers’ health and productive activity as much as possible.

34. We commit to making the maximum use of mechanisms, as appropriate, that allow to maintain stable industrial relations environment and prioritize negotiations between employers and workers, in order to prevent and solve disputes through negotiation, mediation and arbitration services, thereby playing an important role in helping the economy to recuperate in the current crisis.

35. We reaffirm the importance of fully protecting the human rights of migrants, regardless of their immigration status, and observance of the labor laws applicable to them, including the principles and labor rights embodied in the ILO Declaration on Fundamental Principles and Rights at Work.

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36. In the context of the global economic crisis, we recognize that migrant workers and their families are particularly vulnerable. We also acknowledge that families that depend on migrant remittances will face additional challenges. We will also step up efforts, in the area of our competencies, to combat migrant trafficking and trafficking in persons in the world of work.

37. We will promote the improvement of national, sectoral, and regional labor market information systems and statistics, giving priority at this stage to implementation of observatories for sectors and production units potentially affected in their activity and employment levels.

38. We agree that the economic crisis allows us to refine our labor and employment policies and programs to improve the lives of working men and women and provide for more equitable economic growth. In this context, we undertake to make the necessary efforts at the national level and with international technical and financial cooperation agencies, in order to provide our Ministries of Labor with qualified human resources and sufficient budgetary and technical means to tackle the immediate and longer-term challenges resulting from the present environment in an effective manner.

39. Conscious of the benefits that accrue from the exchange of good practices and active horizontal cooperation in the inter-American framework, we agree to strengthen the Inter-American Network for Labor Administration (RIAL) and other horizontal cooperation mechanisms at the regional and subregional and bilateral levels, in order to promote quality employment, workforce development, and effective enforcement of labor laws in our countries.

ENCOURAGING SOCIAL DIALOGUE AND COLLECTIVE BARGAINING

40. We will encourage broad and inclusive social dialogue at the national level, by sectors, and at the enterprise level, since we acknowledge it as an efficient mechanism for maintaining employment levels, preserving skills and sharing the costs of the crisis, as well as the benefits of the subsequent economic and social recovery, in a fair manner.

41. We will strengthen our efforts in order to promote the institutionalization of the different social dialogue practices in use in our countries, in order to strengthen our response to the current challenges, in which it is necessary to build consensus and reduce disagreement.

42. We stress the need to promote freedom of association and broaden collective bargaining in order to adopt agreements between parties by which to confront the effects of the crisis with the least possible costs, recognizing sectoral and productive heterogeneities.

43. We recognize that the rights of workers´ and employers´ organizations can only be exercised in a climate free from violence, pressure, or threats of any kind against the leaders and members of these organizations. We commit to ensure that this principle be fully respected.

44. We undertake to support the development of employers’ and workers’ organizations, helping to increase their capacities in defense of their interests in the crisis and to consolidate a robust social dialogue.

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STRENGTHENING SOCIAL PROTECTION IN THE CRISIS

45. We recognize the importance of social protection systems in addressing the needs of the most vulnerable segments of our societies, particularly in the current economic crisis environment. We will continue to explore models of social protection to address economic and social hardships, in balance with the need to promote labor market engagement and employability.

46. We reiterate our conviction, expressed in previous IACML, regarding the need to strengthen and expand the coverage of social security systems, ensuring, within our areas of competence, its efficiency and transparency with effective policies that take into account the principles of universality and solidarity, provide for financial sustainability and accountability, and promote justice, equity and social inclusion, without requiring a particular management model.

47. In an effort to ensure comprehensive coverage and fair distribution of benefits, we will seek to organize the social protection system in such a way as to combine, where appropriate, contributive and non-contributive systems in a coordinated manner.

48. We underscore the importance of unemployment protection mechanisms (inter alia, unemployment insurance or support), especially in the present environment. Such mechanisms should be part of a comprehensive strategy that operates in tandem with active employment policies.

49. We will design or strengthen, depending on country circumstances, non-contributive social protection mechanisms, within the areas of our competencies, which would make it possible to manage a basic social benefits program with transfers to vulnerable and crisis-affected households. Our goal will be to protect jobless workers in countries without unemployment insurance or workers in the informal economy against the risk of lapsing into extreme poverty.

WE RESOLVE TO:

A. Implement a Plan of Action based on this Declaration and on the work of the XV IACML and the Fifth Summit of the Americas, and to dedicate the necessary resources to this end.

B. Establish two Working Groups as follows:

a. Working Group I: “Decent Work to Face the Global Economic Crisis with Social Justice for a Fair Globalization”

b. Working Group II: “Strengthening of the Ministries of Labor to Promote Decent Work”

C. Encourage the countries of the Hemisphere to intensify cooperation and to share knowledge, experiences and achievements in the area of employment, labor and social protection, and to exchange best practices in promoting decent work for all, in the framework of the Inter-American Network for Labor Administration (RIAL).

D. Express appreciation to the different international organizations for their invaluable collaboration, in particular the members of the Joint Summits Working Group: OAS, ILO,

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PAHO, etc., which have played a central role in the promotion of decent work and we urge the promotion of all regional dialogue fora with these institutions.

E. We commend the Trade Union Technical Advisory Council (COSATE) and the Business Technical Advisory Committee on Labour Matters (CEATAL), in their capacity as constructive interlocutors and advisory bodies, for their innumerable contributions to the Inter-American Conference of Ministers of Labor.

F. Organize the XVII Inter-American Conference of Ministers of Labor of the OAS in El Salvador in 2011.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.5/09 rev. 1 corr. 1October 6-8, 2009 14 October 2009Buenos Aires, Argentina Original: Spanish

PLAN OF ACTION OF BUENOS AIRES 2009“FACING THE CRISIS WITH DEVELOPMENT, DECENT WORK,

AND SOCIAL PROTECTION”

(Adopted at the Closing Session held on October 8, 2009 and pending revision by the style committee)

1. WE, THE MINISTERS OF LABOR, GATHERED IN BUENOS AIRES, ARGENTINA, FROM OCTOBER 6 TO 8, 2009, ON THE OCCASION OF THE XVI INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR (IACML) OF THE ORGANIZATION OF AMERICAN STATES (OAS), undertake to implement the following Plan of Action to confront the current economic crisis from a perspective that combines development, decent and productive work and social protection, in order to attain integral development and economic growth with greater justice and equity in our hemisphere.

A. ORGANIZATION

2. The Chair pro tempore of the XVI IACML (Argentina) in collaboration with the former Chair (Trinidad and Tobago) and the future Chair (El Salvador), 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 coordination with key international institutions.

B. RESOURCES

3. Member States will devote the appropriate economic, technical and logistical resources to implement the Plan of Action with 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 of Action, and to facilitate the participation of the said workers and employers organizations.

C. WORKING GROUPS

4. As described below, two Working Groups will be created, whose main objective will be to advise the IACML on the objectives of the Declaration of Buenos Aires. As such, the Groups will examine in greater depth the topics identified in this Plan of Action, facilitate exchange experience, provide pertinent information and studies, and follow-up on related hemispheric initiatives.

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5. In determining their activities and approach to the issues identified in this Plan of Action, the Working Groups shall adhere to the Declaration of Buenos Aires, and the Final Reports of the Working Groups submitted to the XVI IACML shall be taken into account.

WORKING GROUP 1: “Decent work to face the global economic crisis with social justice for a fair globalization”

6. Working Group 1 will follow up on the Declaration of Buenos Aires from a policy perspective, giving particular attention to the responses of the Ministries of Labor to the current economic crisis. It will continue to build on the work of former Working Group 1 “Decent Work as an instrument for development and democracy in the context of globalization”.

7. Working Group 1 will address the following issues in follow-up to the Declaration of Buenos Aires and the Reports of the Working Groups:

- Articulation of economic, labor, education, environmental and social policy; - Responses of governments and ministries of labor to the economic crisis and its

impacts; - Examine strategies to maintain employment developed by governments, workers and

employers to mitigate the effects of the economic crisis;- Policies, programs, and related developments concerning migrant workers; - Youth employment strategies and initiatives; - Strategies to combat child labor and eradicate its worst forms as enunciated by the

Heads of State and Government at the Summit of the Americas;- Gender mainstreaming in labor and employment policies; - Support for micro, small, and medium-sized enterprises sustainability, and other

productive units;- Labor informality and unregistered work; - Contributive and non-contributive social protection policies for the unemployed;- Labor dimension of globalization, regional integration processes and free trade

agreements;- Policies to assist and incorporate vulnerable groups, as stated in paragraph 26 of the

Declaration of Buenos Aires; - Promote fundamental principles and rights at work and experiences of good practices

in social dialogue;- Forced labor and trafficking in persons;- Income policies within the framework of social dialogue and collective bargaining.

WORKING GROUP 2: “Strengthening of the ministries of labor to promote decent work”

8. Working Group 2 will follow up on the Declaration of Buenos Aires with regard to matters concerning institutional capacity and will continue to build on the work of former Working Group 2 “Strengthening the capacities of Ministries of Labor to respond to the challenges of promoting Decent Work in the context of globalization”.

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9. Working Group 2 will address the following issues in follow-up to the Declaration of Buenos Aires and the Reports of the Working Groups:

- Strengthen the management capacity of ministries of labor and strategic planning processes;

- Design and follow-up of national programs for creation of decent work; - International cooperation on labor matters; - Development, enforcement and promotion of labor laws; - Labor market information systems;- Public employment services; - Professional, technical and technological training and certification of labor skills; - Labor inspection; - Occupational health and safety;- Social dialogue.

D. DIRECTIVES FOR THE FUNCTIONING OF THE WORKING GROUPS

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

Working Group 1: Ministers of Labor of United States (Chair), Brazil (Vice Chair), and Guyana (Vice Chair).

Working Group 2: Ministers of Labor of Dominican Republic (Chair), Mexico (Vice Chair), and Canada (Vice Chair).

11. Participation in Working Groups will be open to all Member States, as well as to COSATE and CEATAL. The Chair pro tempore will seek the means to ensure the active participation of all Member States and COSATE and CEATAL in the Working Groups. The General Secretariat of the OAS will be the Technical Secretariat for the Working Groups and relevant regional and international organizations will be called upon to provide support and assistance.

12. The Working Groups will receive the support of the Technical Secretariat of the OAS and shall meet at least twice before the XVII Inter-American Conference of Ministers of Labor. They should also decide on a timetable for the activities contained in this Plan of Action by February 2010, bearing in mind the complementary nature of their activities and based on the earlier experiences of the Working Groups.

E. INTER-AMERICAN NETWORK FOR LABOR ADMINISTRATION (RIAL)

13. The IACML renews its support and undertakes to strengthen the Inter-American Network for Labor Administration (RIAL, by its Spanish acronym), inasmuch as it constitutes a valuable mechanism for the institutional and technical strengthening of ministries of labor as well as for dissemination and exchange among countries of policies to mitigate the international crisis.

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14. The IACML entrusts its officers (troika, chairs and vice chairs of the Working Groups) with reviewing the RIAL Operations Guide; exploring the most appropriate participation, decision, follow-up and evaluation mechanisms regarding the operation of the RIAL, including its Cooperation Fund; and preparing a proposal in this regard.

15. The RIAL will continue with its assigned activities, carry out those suggested in the Final Reports of Working Groups 1 and 2, and include such new areas as may be considered necessary in the framework of the Declaration and Plan of Action of the XVI IACML.

16. The Technical Secretariat will continue to coordinate the RIAL activities, following the priorities defined by the ministries of labor of the hemisphere at the XVI IACML and with the broadest participation of its members.

17. Member States will make every effort to ensure the effective operation of the RIAL, including making financial and technical contributions, and the Technical Secretariat will continue to explore possible sources of financing. Recognizing that this cooperation goes beyond financial assistance, mechanisms will be promoted for experience exchange, dialogue, intraregional cooperation, and technical assistance, among others.

18. Committed to strengthening the RIAL, member states will regularly provide information on their ongoing programs, including best practices, to the RIAL Portfolio of Programs. The Technical Secretariat will regularly update a database on programs in the Hemisphere as the basis for exchange and horizontal cooperation activities. In this effort, we request the Technical Secretariat to work in coordination with other international agencies.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/RES.1/09 (XVI-O/09)October 6-8, 2009 8 October 2009Buenos Aires, Argentina Original: Spanish

CIDI/TRABAJO/RES.1/09 (XVI-O/09)

MODIFY THE STATUS OF COTPAL, COSATE AND CEATAL IN THE IACML

(Adopted at the first plenary session held on October 7, 2009)

THE XIV INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR,

RECOGNIZING that 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), as advisory bodies of the Inter-American Conference of Ministers of Labor (IACML), have actively participated in all the activities of the Conference and made invaluable contributions thereto;

RECALLING the Declaration of the Fourth Summit of the Americas, in which the Heads of State and Government recognized “the fundamental and unique consultative role of employers’ and workers’ organizations in shaping employment and labor policies” and pledged to “promote and facilitate tripartite dialogue in national, subregional, and hemispheric frameworks”.

CONSIDERING that the authorities of COSATE and CEATAL have requested that the Technical Secretariat and the Chair of the XVI IACML designate COSATE and CEATAL as permanent consultative bodies of the IACML;

BEARING MIND:

That the Declaration of Mexico, adopted at the XIV IACML in 2005, recognizes “the necessary role and advisory functions of COSATE and CEATAL, at the Inter-American Conference of Ministers of Labor”;

That resolution AG/RES. 2315, adopted at the Thirty-Seventh General Assembly of the OAS, reiterates the above-mentioned paragraph of the Declaration of Mexico;

That the Plan of Action of Port of Spain, adopted by the XV IACML in 2007, states that its implementation is a responsibility of the Chair pro tempore of the XV IACML, with the support of the OAS Technical Secretariat and “in consultation with the representatives of the COSATE, CEATAL and COTPAL”;

That, in the Declaration of Commitment of Port of Spain, adopted at the Fifth Summit of the Americas in 2009, the Heads of State and Government called on the Ministers of Labor, within the context of the IACML, in collaboration with their workers’ and employers’ consultative bodies and

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with the support of the ILO, as appropriate, to endorse, at the XVI IACML to be held in 2009, a work program that advances the labor objectives of the Summit.

RESOLVES:

1. To designate COTPAL, COSATE and CEATAL as permanent consultative bodies of the IACML.

2. Therefore, to modify Chapter VI of the Rules of Procedure of the IACML, as follows:

“CHAPTER VI - CONSULTATIVE BODIES

Article 28. The Permanent Technical Committee on Labor Matters – COTPAL is a Consultative Committee of the Inter-American Conference of Ministers of Labor, comprised of specialists from the Ministries of Labor of the Organization of American States´ member States. COTPAL shall function in accordance with its own organizational plan.

Article 29. The Trade Union Technical Advisory Council (COSATE) and the Business Technical Advisory Committee on Labor Matters (CEATAL) are permanent consultative bodies of the Inter-American Conference of Ministers of Labor, whose goals are to promote the participation of trade unions and employers organizations, respectively, in the process of the Conference. COSATE and CEATAL shall function in accordance with their own organizational plans.”

3. To modify the articles of the Rules of Procedure of the IACML and of the Organization Plans of COTPAL, COSATE and CEATAL that refer to them as “advisory” bodies and substitute that reference for “consultative”.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/RES.2/09 (XVI-O/09)October 6-8, 2009 8 October 2009Buenos Aires, Argentina Original: Spanish

CIDI/TRABAJO/RES.2/09 (XVI-O/09)

AMENDMENT OF THE ORGANIZATION PLAN OF THE TRADE UNION TECHNICAL ADVISORY COUNCIL

(Adopted at the first plenary session held on October 7, 2009)

THE SIXTEENTH INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR,

WHEREAS:

The Trade Union Technical Advisory Council (COSATE) is a permanent advisory body of the Inter-American Conference of Ministers of Labor (IACML); and

Under Article 21 of the Organization Plan of COSATE, said Organization Plan may be amended by the Inter-American Conference of Ministers of Labor by its own decision or at the request of COSATE;

BEARING IN MIND that the Trade Union Technical Advisory Council (COSATE) submitted a request at the Sixteenth Inter-American Conference of Ministers of Labor (IACML), set down in document CIDI/TRABAJO/INF.4/09, which says:

“Throughout the lifespan of COSATE, but more so in the recent past, first the Inter-American Regional Workers’ Organization (ORIT) and then the Trade Union Confederation of the Americas (TUCA) have played a fundamental role in lending informal support to the Council, often guaranteeing its functioning and funding many of its meetings. Analysis of the history of COSATE has also shown us that this coordination role assumed by ORIT and then TUCA has not been institutionalized, and this fact has been an obstacle to the continuity of such a role, because it not only generates informality in the relations but the informality of the status lacks legitimacy before the institutionality of the OAS. By virtue of the degree of TUCA’s representativity as expressed, for example, by the fact that the great majority of COSATE members are affiliated to TUCA and whereas the TUCA is the “most representative” trade union organization of the Americas, we consider there to be no impediments to formalize such a role in the COSATE Rules of Procedure”.

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RESOLVES:

To amend the Organization Plan of COSATE as follows:

1) Create a new Article 21 entitled “Facilitation”:

“FACILITATION

Article 21 A delegate from the Trade Union Confederation of the Americas (TUCA) will act as facilitator of COSATE and shall have the following duties:

a. To attend the meetings of COSATE, with voice;b. To facilitate the work of COSATE during the period between meetings;c. To inform the meetings of any matter that deserves consideration;d. To provide the meetings with the technical advisory services they may require and to keep

them informed about the tasks entrusted to the Secretariat by the previous meeting; and e. To assist the development of COSATE’s programmes and projects as well as cooperative

relations with partner organizations for their accomplishment.f. To act in permanent consultation with the Chair and Vice Chairs of COSATE.”

2) Renumber Article 21 as Article 22.

3) Amend Article 13 to include the reference to the “Facilitator” as follows,:

“Article 13 The draft agenda of the meetings of COSATE shall be prepared by the Secretariat in consultation with the Chair and the Facilitator, and communicated for consideration to the representatives of COSATE, who shall make their observations thereon within the period fixed by the Secretariat with the agreement of the Chair of COSATE.”

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/RES.3/09 (XVI-O/09)October 6-8, 2009 8 October 2009Buenos Aires, Argentina Original: Spanish

CIDI/TRABAJO/RES.3/09 (XVI-O/09)

CONTRIBUTION OF THE XVI IACML TO THE G-20 PROCESS

(Adopted at the Closing Session held on October 8, 2009)

THE SIXTEENTH INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR,

WHEREAS:

The recent G-20 Summit held in Pittsburgh, USA, on September 24 and 25, 2009, adopted the so-called Statement of Pittsburgh, in which the Heads of State and Government approved a Framework for Strong, Sustainable, and Balanced Growth and undertook to put jobs at the heart of the economic recovery;

This Summit welcomed the ILO Global Jobs Pact, which was also adopted by Ministers of Labor in the Declaration and Plan of Action of this XVI IACML. Summit leaders committed our nations to adopt the key elements of its general framework to advance the social dimension of globalization; and furthermore, leaders agreed that international institutions should consider ILO standards and the goals of the Jobs Pact in their crisis and post-crisis analysis and policy-making activities;

The Statement of Pittsburgh commits to implementing recovery plans that support decent work, help preserve employment, and prioritize job growth, all of which are concerns shared by the Ministers of Labor of the Americas present at the discussions of the IACML and expressed in its declarations.

The aforesaid G-20 Summit asked the G-20 Employment and Labor Ministers to meet in early 2010, as mandated in Article 47 of the Statement of Pittsburgh;

BEARING IN MIND that the XVI IACML, gathered in Buenos Aires, Argentina on October 6 to 8, 2009, under the theme “Facing the crisis with development, decent work, and social protection,” achieved important points of consensus on these matters, as are contained in the Declaration and Plan of Action of Buenos Aires;

RESOLVES:

1. To transmit the Declaration and Plan of Action of Buenos Aires, adopted at this XVI IACML, as a contribution of the Ministers of Labor of the Americas to the exchange that their G-20 counterparts will hold in 2010.

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2. To instruct the Chair of the IACML, with the support of the Technical Secretariat, to provide a report to this Conference on the results of the Meeting of G-20 Employment and Labor Ministers.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/RES.4/09 (XVI-O/09)October 6-8, 2009 6 October 2009Buenos Aires, Argentina Original: Spanish

CIDI/TRABAJO/RES.4/09 (XVI-O/09)

VOTE OF THANKS TO THE PEOPLE AND GOVERNMENT OF ARGENTINA

(Adopted at the Closing Session held on October 8, 2009)

THE SIXTEENTH INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR OF THE ORGANIZATION OF AMERICAN STATES,

WHEREAS:

The hospitality of the people and government of Argentina has made it possible to hold the Sixteenth Inter-American Conference of Ministers of Labor of the Organization of American States, in Buenos Aires from October 6 to 8, 2009; and

The Conference of Ministers of Labor and heads of delegations had numerous opportunities to participate in consultations and in a fruitful dialogue which has facilitated the adoption of a Declaration and its corresponding Plan of Action on the importance of facing the crisis with development, decent work, and social protection,

RESOLVES:

1. To express its thanks to the people and government of Argentina for their warm and generous hospitality and for their contribution to the success of the Sixteenth Inter-American Conference of Ministers of Labor.

2. To express its recognition and congratulations to the Minister of Labor, Employment and Social Security of Argentina, Mr. Carlos A. Tomada, for his distinguished work as Chair of the Sixteenth Inter-American Conference of Ministers of Labor.

3. To express its thanks to the staff of the Ministry of Labor, Employment and Social Security of Argentina, who with professionalism, dedication and efficiency, contributed to the success of the Fifteenth Inter-American Conference of Ministers of Labor.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.27/09 rev. 1October 6-8, 2009 6 October 2009Buenos Aires, Argentina Original: Spanish

COSATE DECLARATION TO THE INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR (IACML)

(Buenos Aires, Argentina – October 6 to 8, 2009)

The current crisis worsens the crisis of distributive justice

The international trade-union movement has described the current global situation as a “crisis of distributive justice” (or crisis of inequality) – in other words, a breakdown in the correlation between wage increases and increases in productivity – which is seriously affecting the currency of such basic human rights as the right to live in a healthy environment, with education, with health care, with social protection and food security.

The crisis affecting the capitalist system is also the accumulation of several other crises: economic/financial, environmental, food and energy, made worse by the implementation of fundamentalist free-market policies which caused the breakdown of states and the dismantling of social policies.

Little more than a year since the worst crisis that the international capitalist system has seen in more than 80 years was unleashed, the majority of measures that the largest economies and international institutions have attempted have been designed to save large corporations, many of which benefitted from the uncontrolled financial speculation and market irresponsibility. Little of the vast volumes of capital mobilized to counter the crisis have been aimed at creating productive employment or investment in underdeveloped countries.

There has been no real self-critique on the part of the major economies or international financial institutions, such as the IMF and the World Bank, as regards their responsibility in the application of the policies that led to the crisis; quite to the contrary, the IMF’s power and resources have been strengthened and the plan is to carry on with the same neoliberal recipes that triggered the crisis. Many of the reforms that are needed in the international financial system have been nipped in the bud by the wealthy nations and big corporations. Moreover, some of the serious errors committed by financial ultraliberals are being repeated.

The measures adopted by the G-20 have been important for stabilizing the crisis and reducing its impact on the developed economies. However, its devastating social and economic fallout on the majority of underdeveloped countries is far from overcome. To pretend that the faint signs of recovery in some markets and economic sectors are reason enough to dismantle the anticyclical polices adopted by states could lead the entire world economy to be plunged into a longer and deeper recession.

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The Global Jobs Pact to Recover from the Crisis

The opportunity opened by the global crisis has put the role of decent work as the basis for constructing ways out of the crisis at the heart of the debate. The adoption of this Pact by the ILO International Labor Conference in June this year was an important step in committing governments and employers to adopting adequate policies that would enable the recovery of the world economy based on the parameters established in the decent-work framework.

We also note that the ILO is one of the leaders of the discussions among governments and other financial agencies, both in the G-20 and at the United Nations, which enables the inclusion of social policies and the issue of employment, as well as a commitment to involve social actors in shaping the general policies to be adopted by both governments and international institutions in order to surmount the crisis.

This Global Jobs Pact should also be considered in public policies adopted on employment by which to move past the neoliberal paradigm as well as in constructing a socially and environmentally sustainable economic development strategy for our peoples.

We believe that in the current context the governments of the Americas are in position to commit effectively to the Pact and move forward with policies to implement it. The trade-union movement will claim its right to participate in the design process for the plans to be adopted at the national level.

Commitment to Democracy and Human Rights in Honduras

The Thirty-Ninth General Assembly of the Organization of American States (OAS), was held in June in San Pedro Sula, Honduras. The central theme of the Assembly was a “Culture of Peace and Non-Violence.” The trade-union movement of the Americas, represented by the Honduran labor unions, said that overcoming the culture of violence and introducing a culture of peace start with the full realization of all human rights and elimination of inequality and social exclusion. Democracy as a political system should have become the basis on which to create conditions for peaceful coexistence, tolerance and respect for differences.

Barely a month after the OAS General Assembly, democracy in Honduras fell victim to persons who, acting in the name of the law and to protect their rights, saw fit to subject an entire country to a situation of violence and dictatorship. The coup d’état against the legitimate president of Honduras, José Manuel Zelaya, its democratic institutions, and millions of Hondurans, was perpetrated by those who have always enjoyed the greatest privileges, who used the country’s institutions to protect the interests of small oligarchic groups against the majority of the people, and for whom democracy only serves to put their interests first.

The big Honduran power groups, tied to a small group of families who have dominated the country’s politics and economy for almost its entire history, did not hesitate to act violently against the adoption of faint measures of social justice and an attempt to open up to debate the need for changes in the structure of the state in that country. Such audacity was repaid with the expulsion of the president by the military at gunpoint and widespread repression of the populace.

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The trade-union movement and the entire international community find this violent reaction against democratic institutions to be inadmissible. To permit the de facto regime in Honduras to become settled and protect the impunity of their crimes would set a dangerous precedent in Latin America at a time of democratic consolidation and progress in important social reform processes that are of benefit to the people and break with the neoliberal processes.

We are awaiting the outcome of the new developments brought by the return of President Zelaya and the ongoing consultations with the different sectors involved. The solution of the Honduran crisis must entail the reinstatement of President Zelaya in power, the restoration of democratic institutions, and the accountability of the perpetrators and architects of the crimes against the human rights and democracy of the Honduran people.

Furthermore, there will be no solution if the agreements only involve the traditional circles of power and ignore the opinions of the large Honduran social movement, which has accumulated experience and capacity for struggle in their resistance of the dictatorship of Roberto Micheletti and his allies.

We declare, along with the National Front of Resistance to the Coup D’état in Honduras, of which the Honduran trade unions are a fundamental part, that overcoming the entrenched political, social, and economic causes of the situation of exclusion, poverty and backwardness, entails building a new national plan that involves all sectors, the mechanism for which is the National Constituent Assembly.

We regret that the position on the Honduras issue adopted by the employers’ entities of the Americas, represented at the IACML by CEATAL, have prevented us from making progress on a joint declaration.

Finally the representatives of COSATE demand unconditional respect for the international and domestic standards that protect the life of the individual, democracy, liberty, equality, education, health, and the social and labor rights of all the peoples of the Americas.

Declaration and Plan of Action of the Inter-American Conference of Ministers of Labor

We commend the emphasis placed by the IACML on tackling the crisis through the decent-work strategy. The Declaration recognizes the important role that the Global Jobs Pact can play in securing the commitment of social interlocutors for mentoring implementation of the Pact at the national level.

The IACML should take a step toward creating the conditions to ensure that the application of the Global Pact in the Americas is a concrete indicator in the implementation of employment policies that recognize rights, collective bargaining, social dialogue, security and social protection. It is a proven fact that jobs with proper working conditions and guaranteed rights have a positive effect on growth and development.

We are particularly concerned that hopes continue to be pinned on free trade agreements and their effects on employment generation in the region. So far FTAs have had the opposite effect as they have destroyed productive jobs and weakened labor rights. Therefore, we urge this Ministerial

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Conference to implement in the Plan of Action, policies on development and complementary-production policies in regional integration processes.

We are also concerned that the IACML should introduce in its Plan of Action concrete measures on the problem of workers in the informal economy, a situation that affects more than half the labor force in the Americas. Identifying their heterogeneity requires the simultaneous deployment of differentiated strategies for the various shapes that this informality takes.

We understand that migratory processes require the affirmation of their rights; however, they also require cooperation among the members of the Organization to develop consensualized policies between receiving and sending countries together as well as the involvement of civil society organizations. Moving forward with this inter-American cooperation is the first step in eliminating the poverty factors that encourage migration.

It is essential to reiterate that social dialogue and tripartite bargaining should be introduced throughout the hemisphere. Ratifying a commitment to these rights means adopting concrete measures for the creation of permanent social dialogue mechanisms.

Therefore, we request compliance with the provisions of the Plan of Action of the XIII IACML, which pinpointed “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.”

While the Declaration of the IACML is an ambitious document, its Plan of Action, by

contrast, is merely indicative and generic, establishing no concrete goals or steps. Furthermore, it makes no mention of the involvement of social interlocutors in its monitoring. This situation could suggest that, as on other occasions, States adopt important decisions in the framework of the IACML, but lack the necessary additional strength and capacity to see them through. We believe that the IACML can and should go further on the role of states at this time of crisis, and indicate in a practical and effective manner what their commitments would be going forward.

Institutional demands on the Inter-American Labor System

Social Charter We reiterate the importance of this document and our request that the discussions be intensified of the Joint Working Group of the Permanent Council and the Permanent Executive Committee of the Inter-American Council for Integral Development on the draft Social Charter of the Americas. Special attention should be given in the Charter to the issue of fundamental rights at work and other ILO conventions. We wish to be directly involved in its discussion and we are concerned at the slow pace of the process.

Participation in OAS initiatives that involve workers With respect to RIAL agreements and projects, we believe that general talks in this regard on all the agreements and projects that concern the IACML would be very useful. We also request that express provision be made for the inclusion of COSATE delegates in RIAL management and decision-making mechanisms.

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Funding for worker participationThis is a pivotal issue for us since without funding the COSATE’s viability would be impaired. In its 40-year existence the absence of guaranteed funding has been one of the causes of its operational inconstancy. Originally the OAS was responsible for funding COSATE (First COSATE Rules of Procedure, 1972); later the responsibility was shared with national governments; finally, it became financed by the trade union delegates themselves. Recently, RIAL, through management of development projects (here the assistance of the Government of Canada has played an essential part), has enabled the participation of the Chair and the delegate of Canada in its activities. Even in the IACML, in whose framework a meeting of COSATE is held, with this funding there would only be two delegates present and it would never have the necessary quorum to hold a session.

We, the members of COSATE, demand an undertaking from the OAS/IACML and national governments to find a solution to this problem. And we too express our commitment to initiating a joint effort to look for ways to make the activities of COSATE feasible, as we noted in the letter of June 10 to Secretary General José Miguel Insulza, in which we accepted his “offer of assistance to look together for the resources with which to organize preparatory meetings with workers’ representatives at key times in the inter-American process, such as, for instance, the General Assembly, Summits, and Conferences.”

We value the progress made at the COTPAL meeting held today, which approved the motion to transform COSATE and CEATAL into permanent consultative bodies of the IACML. This will give added strength to COSATE’s participation as well as enhancing its institutionalization and the democracy of the inter-American system as a whole.

We also commend the approval of the proposed reform of the Organization Plan of COSATE which incorporates the role of “Facilitator” that we have accorded to the Trade Union Confederation of the Americas (TUCA), which entails the formalization of the task that it has been performing alongside COSATE.

Finally, we express our gratitude for the opportunity to continue contributing to the consolidation of the inter-American labor system and we hope that the process will continue to progress in the sense of encouraging the adoption of policies by which to move toward an increasingly socially and economically inclusive region.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.26/09 rev. 2October 6-8, 2009 8 October 2009Buenos Aires, Argentina Original: Spanish

CEATAL DECLARATION

ON THE OCCASION OF THE XVI INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR OF THE ORGANIZATION OF AMERICAN STATES (OAS), to be held from October 6 to 8, 2009, the employers of the Americas, as represented by the Business Technical Advisory Committee on Labor Matters (CEATAL), concerned about genuine observance of fundamental rights and guarantees in cases where they are violated and their importance for the protection of the rule of law and democratic values, welcome the fact that the Conference has set itself the task of reflecting on the current global economic situation and its impact on employment under the theme “Facing the crisis with development, decent work, and social protection.” With a view to contributing to this effort, they have agreed to the following:

DECLARATION

1. In view of the present worldwide economic crisis, its impact on the labor market, and its consequences in terms of deepening poverty and inequality, we believe it essential to reflect on the role of the State and social actors in the current climate and on how government policies can contribute to a recovery in production, employment, and creation of sustainable enterprises.

2. To that end, we take into account the ILO 1998 Declaration on Fundamental Principles and Rights at Work, as well as the ILO 2006 Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the 2007 Resolution on the Promotion of Sustainable Enterprises, and the 2008 Declaration on Social Justice for a Fair Globalization.

3. In particular, we give special consideration to the resolution “Recovery from the crisis: A Global Jobs Pact” that came out of the 98th Session of the ILO International Labor Conference designed to guide national and international policies aimed at stimulating economic recovery, generating jobs, and protecting workers. We recognize that the Pact includes social and labor policy contents, which need to be implemented in order to help countries confront the crisis. We agree that it favors an equitable, effective, efficient and improved market system. Accordingly it is a realistic action framework.

4. Therefore, we are convinced that the challenge for governments, employers, workers, and their organizations will be to turn the ideas contained in the Pact into practical measures tailored to each reality.

5. Accordingly, we believe that attention should be drawn to the following:

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SOCIAL DIALOGUE AND SUSTAINABLE ENTERPRISE

a. The urgent need to support employment through stimulation of economic growth, creation and promotion of sustainable enterprises, investment, encouragement of education and training for workers, and application of effective labor market policies, with particular attention given to women and young people. We are convinced that the positive effects of economic growth are felt in full when they lead to a process of sustainable development, are accompanied by social wellbeing, and are stimulated by authentic social dialogue that respects legitimate social actors; that is, those that are most representative, free and independent under the terms of ILO doctrine. To deal with current social problems the region needs broad-based authentic social dialogue built on a new paradigm of collaboration and not on a culture of confrontation, where governments, employers and workers pool efforts to generate wealth and employment. Therefore, it is necessary to request governments to design and apply national policies that include social dialogue for promoting social advancement. The new forms of labor organization, increases in international trade flows, subregional and biregional integration processes, free trade agreements and free investment treaties, the existence of an increasingly competitive environment, plant relocations, and labor migration, among others, in addition to the global financial and economic crisis, are factors that compound the day-to-day challenges that arises in employer-worker relations. The foregoing makes even greater the need for a climate of dialogue and collaboration that contributes to the harmonization of different interests and priorities, in order to create social consensus for ensuring social peace, the wellbeing of workers, and the sustainable development of enterprises. We are convinced that without sustainable enterprises there can be no decent work.

SUSTAINABLE SOCIAL PROTECTION SYSTEMS

b. The crucial role played by fiscally sustainable, efficiently managed, and competition-compatible social protection systems in reducing poverty, tackling social problems, and helping to stabilize the economy and promote growth in employment. Social protection systems cannot be distorted for political or electoral ends as that undermines not only their purpose but also the dignity of workers.

PRIVATE PROPERTY AND LEGAL SECURITY

c. Full respect for private property is an essential prerequisite for the existence of sustainable enterprises. Private property is the cornerstone of economic development and human prosperity. A properly functioning private sector requires the existence and enforcement of clear and stable legal standards that offer the employer security. Such standards should be predictable and comprise an institutional framework in which business and investment can be securely pursued. In countries where legal insecurity impairs the exercise of the right to private property by large and small enterprises alike development immediately slows, international credibility and confidence ebb away, informality swells, and poverty indicators ultimately rise again. Without sustainable enterprises there can be no decent work.

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EFFECTIVE REGULATION AND RESPECT FOR FUNDAMENTAL PRINCIPLES

d. The need for effective regulation of the financial system that strengthens its capacity to meet the needs of the “real economy”.

e. The need for the promotion of efficient and well-regulated trade and markets that benefit all, and adoption of measures to prevent countries from resorting to protectionism.

f. The importance of respect for fundamental principles and rights at work as regards human dignity.

TRANSPARENCY AND ELIMINATION OF CORRUPTION IN GOVERNMENT INSTITUTIONS

g. The importance and need in all globalized societies of committed and transparent management of government institutions. The absence of standards, efficiency, oversight, honesty and transparency in the workings of government institutions is a clear insecurity factor for society at large. For their part, employers and enterprises need, above all, political, public and administrative security for adopting investment and employment decisions. Governments should redouble efforts to strengthen institutions and eliminate all forms of arbitrariness or corruption in the performance of their functions as well as acting with transparency in government activities. Institutional weakness and overregulation are probably the biggest factors in the region’s lack of competitiveness, coupled with which is the traditional lack of coordination between government and the private sector. The increasing globalization of national economies demands the existence of institutional frameworks that permit global governance. However, these frameworks must also coexist with good governance at the national level, where all policies on the local and regional plane encourage a process of inclusive globalization. Governments should give a firm undertaking to redouble efforts to eliminate inequalities, which requires, inter alia, promotion of adequate taxation systems and better governance of revenues collected for the benefit of productive employment and economic and social development.

EDUCATION AND HUMAN CAPITAL

h. Employment generation requires close collaboration between enterprises and government in the design of education policies. Education is the basis of civic mindedness, equality of opportunities and development. Education and vocational training policies should be tailored to the expectations of society as well as to the needs of enterprises and the labor market. As a matter of priority, the objectives of these policies should include employability and promotion of entrepreneurship, which makes the input of the business community essential in the design and implementation of training programs. The ever-changing forms of organization of production and labor mean that the success and productivity of companies depend increasingly on the quality of human capital and existence of harmonious labor relations.

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INFORMAL ECONOMY

i. Promotion and enforcement of legal frameworks that bring a reduction of the informal economy, bearing in mind that it has become one of the main hindrances for development in the region. At present the informal economy employs a high percentage of the labor force in the hemisphere, which deepens social inequalities and the inefficiency of markets, and distances us from the objectives of decent work as defined by the ILO. It is important to bolster the solidity of institutions and the different branches of government; boost the efficacy of, adapt and simplify regulations in line with the reality in which they operate, and create transition programs for that purpose.

6. We request that the ILO and the OAS -with the participation of the most representative workers’ and employers’ organizations- immediately assess the steps taken to date by countries in the hemisphere to deal with the consequences of the crisis, and we urge them to collaborate in the identification and implementation of the necessary measures to overcome the crisis and return to growth.

7. We call on the Ministers of Labor of the hemisphere to harness all their efforts and creativity in the design -in the framework of the Global Jobs Pact- of measures to tackle the crisis, keeping in mind the creation and preservation of businesses and jobs. We are convinced of the need to involve social actors in public policy shaping, recognizing that genuine social dialogue is an indispensable instrument for generating the consensus needed to provide social, political, and economic stability for strategies adopted against the crisis and to broaden the underpinning of legitimacy of such policies aimed at meeting the basic needs of our peoples.

8. We thank the Inter-American Conference of Ministers of Labor for elevating the status of CEATAL -and COSATE- to “PERMANENT CONSULTATIVE BODIES” and amending Article 29 of the Conference’s Rules of Procedure accordingly.

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APPENDIX II – REPORTS PRESENTED TO THE CONFERENCE

Final Report Working Group 1

Final Report Working Group 2

Report of the Technical Secretariat to the XV Inter-American Conference of Labor Ministries

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.7/09October 6-8, 2009 8 September 2009Buenos Aires, Argentina Original: Spanish

FINAL REPORT OF WORKING GROUP 1

“Decent work as an instrument for development and democracy in the context of globalization”

[Presented by the Ministries of Labor of Brazil (Chair of WG1), United States and Guyana (Vice Chairs of WG1)]

I. INTRODUCTION

Working Group 1 “Decent Work as an instrument for development and democracy in the context of globalization” regards decent work as a main focus of its activities, from a perspective that envisages greater integration of economic, social, and labor policies, in order to promote labor and employment as crosscutting themes of public policies.

The Group met in Montevideo, Uruguay, on April 16, 2008, and this year in Washington, D.C. on May 20. RIAL events were also held in connection with WG1: in Rio de Janeiro, Brazil, in May 2008 and in Québec, Canada, in February 2009, at which the themes were, respectively, “Youth Employment” and “Labor Migration and Labor Market Information Systems.” Those meetings included presentations, experience exchange, and broad dialogue reflecting both policy and technical perspectives, on the topics addressed. The meetings were attended by representatives from the Ministries of Labor of the Hemisphere; representatives of workers’ and employers’ sectors, through COSATE and CEATAL; and international organizations, such as the ILO, PAHO, AECI and IOM, among others.

Over the past two years the activities of the Working Group have been based on the Plan of Action of Port-of-Spain, adopted at the XV IACML in Trinidad and Tobago in 2007, where WG1 was instructed to continue building on the work of former WG1 “Labor Dimensions of the Summit of the Americas Process” and to continue to examine the social and labor dimensions of globalization.

It is worth mentioning that WG1 treated the issue of the global economic crisis at the meeting in Washington in 2009. On that occasion the representatives of the region's labor ministries, with the support of international institutions and the Technical Secretariat of the IACML, held a vigorous dialogue and exchange of experiences.

In this context, this report summarizes the main issues covered. In the second item it presents a brief summary of the subjects under discussion; in the third item it explains the consensus reached and the topics that require further examination. Finally, the fourth item contains the recommendations that WG1 proposes as an input for the next Inter-American Conference of Ministers of Labor.

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II. CENTRAL THEMES EMERGING FROM OUR DELIBERATIONS

1. In April 2008, at the first meeting of Working Group 1 in Montevideo, we discussed public policy initiatives for micro, small, and medium-sized enterprises as a means to strengthen decent work, and we presented government initiatives in support of microenterprise development. We also considered that support for microenterprise development was one of a variety of strategies that offer potential to reduce the informal economy and unregistered work.

2. We presented a number of initiatives adopted in different countries on design and implementation of national and regional plans on decent work. We strengthened the idea that these plans represent the operational framework of the International Labor Organization for all the activities that it carries out in each country. We also underscored the need for greater policy linkage and partnership among labor ministries, other ministries, and other sectors of society.

3. At the RIAL Seminar on Youth Employment in Rio de Janeiro, in May 2008, we encouraged partnerships aimed at creation of decent work and productive employment for youth. Based on an analysis of various models, we agreed on the need to encourage partnerships that include governments, workers’ organizations, civil society institutions, and private sector groups. We discussed the design and promotion of comprehensive policies, strategies and services, and noted that such policies should include public and private resources and measures. We also analyzed job entry strategies for the most vulnerable youth populations and the importance of designing services that respond to the full range of their needs.

4. We looked at the issue of youth entrepreneurship and considered that it should be included in education and training; and the implications for reforms of the education system and skills development.

5. At the RIAL Workshop in Québec on Labor Migration and Labor Market Information Systems in February of this year we shared experiences on these issues and recognized that having strong labor market information systems is crucial in designing and implementing labor market and migration policies. We examined the impact of migration and remittances, as well as certain dynamics between migration and labor markets, in the context of the global financial crisis. Participants discussed the roles of labor ministries with regard to migrant workers and recognized the value of social dialogue in this exchange.

6. In view of the international financial and economic crisis that arose toward the end of 2008, it was fitting for WG1 to highlight this issue in its activities. At the WG1 meeting in Washington, which was jointly held with the First Preparatory Meeting of the XVI IACML, we analyzed the effects of the crisis on labor markets, and measures to mitigate its impact on employment.

7. There was an important exchange on the experiences of the region's countries with regard to policies and programs for confronting the economic and financial crisis. We saw that the principal international agencies have not yet been able to measure the scope and depth of the crisis and that the countries of the hemisphere have adopted measures to promote employment.

8. We studied the responses of the Ministries of Labor, bearing in mind the expectations of workers and employers regarding the crisis, and drew attention to the importance of

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maintaining employment levels, promoting the sustainability of micro, small, and medium-size enterprises, and maintaining income support and social protections for the unemployed.

9. We highlighted the importance of having information systems with which to make more apt policy decisions for responding to the effects of the crisis and for evaluating the impacts of our responses.

10. We agreed to continue to strengthen gender mainstreaming in the labor and employment policies of Ministries of Labor as well as in the context of the IACML.

III. AREAS OF AGREEMENT AND ISSUES FOR FURTHER WORK

11. We recognize, in the framework of the XV IACML, that support for micro, small, and medium-size enterprises can help to reduce informality, generate decent employment, and diminish unregistered work.

12. We understand that the concepts of informal economy and unregistered work are not absolutes but vary according to the reality of development in each country. We underscore the need for effective programs, policies, and measures to formalize enterprises and workers and to extend social protections to those workers, where appropriate. In this connection, Ministries of Labor should increase their activities in the area of training and enforcement of labor laws, as well as boost coordination with other sectors in the context of integrated policies.

13. We stress the need to strengthen labor ministries through more active participation in the exchange and synchronization of policies, with other relevant ministries and organizations in promotion of public-private partnership, and in incorporating the views of different sectors of our society. Strengthening the ministries can be facilitated by designing national and regional plans on decent work that would serve to establish objectives, strategies and indicators for the ministries’ strategic planning purposes.

14. We agree on the need to create and maintain solid partnerships to promote youth employment. These partnerships are an effective way of ensuring policies and programs to promote employment in this sector of society. We also agree on the importance of designing comprehensive programs to address the full range of needs of youth at risk to prepare them to participate in the labor market.

15. We support the concentration of greater efforts on training for workers and job seekers, strengthening public employment services, supporting employment levels, working with the private sector to find options to minimize worker layoffs, and assisting workers who have become unemployed. We highlight the importance of public spending on infrastructure; training for emerging sectors such as “green jobs”; support for micro, small, and medium-size enterprises; creation of national bodies on productivity and competitiveness, and Ministry of Labor collaboration in the design and implementation of measures to confront the crisis.

16. We draw attention to the need to have timely and accurate information, particularly in these times of crisis and agree that labor market information systems and migration information systems pose particular challenges, for example, the shortage of financial and human resources needed to produce the statistics. We recognize the value of such information for policy makers and

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for job seekers, and will strive to improve our capacity to produce and analyze accurate and timely information, and to increase the dissemination and use of LMIFs among policymakers and the general public, among others.

17. We believe that the exchange of well-designed national experiences, tripartite consultations, and greater government linkages are an important basis for confronting the crisis, in keeping with the Global Jobs Pact approved at the 98th Session of the International Labor Conference of the ILO.

IV. RECOMMENDATIONS

The Working Group respectfully recommends the Ministers of Labor to draw up a Plan of Action gearing the IACML toward the following aims:

1. Continue to exchange information on recovery measures being designed and implemented and on the impacts of those measures, including among others, measures designed to maintain employment, to improve the skills of workers, to protect the rights of workers, to provide social protections, and to assist those who have lost their jobs. Our analysis should focus both on measures to address the immediate impacts of the crisis and on long-term measures to promote employment and defend workers’ rights.

2. In pursuing the above, our work should consider the Global Jobs Pact for confronting the crisis, approved at the 98th Session of the International Labor Conference of the ILO, as a general framework within which each country can formulate a policy package specific to its situation and priorities.

3. Consider different forums and models to include different social actors in the design and discussion of national and regional plans on decent work, particularly in the context of the economic crisis.

4. Design policies, mechanisms, and support for micro, small, and medium-sized enterprises in promoting employment and decent work, including, for example, through entrepreneurial skills programs.

5. Continue an examination of programs aimed at improving the employability of youth, especially at-risk youth, with specific attention to the role of public-private partnerships in designing youth employment initiatives.

6. Continue the review of policies, programs, and related developments concerning migrant workers, in consultation with social actors, with a focus on training for migrants who return to their countries, domestic initiatives and bilateral agreements to promote social and labor law protections for migrant workers, best practices for temporary entry programs, and pension transfer agreements.

7. Continue with the design of a project on gender in the framework of the RIAL, with a view to integrating gender in employment policies and in the operations of Ministries of Labor.

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8. Continue to share best practices in the production, analysis, and dissemination of timely and accurate labor market information.

9. Identify successful models of policy articulation, among government ministries and other appropriate organizations, at the national level and at sub-central and local levels, and in consultation with the social actors.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.8/09October 6-8, 2009 8 September 2009Buenos Aires, Argentina Original: Spanish

FINAL REPORT OF WORKING GROUP 2

“Strengthening the capacities of the ministries of labor to respond to the challenges of promoting decent work in the context of globalization”

[Presented by the Ministries of Labor of El Salvador (Chair of WG2), Uruguay and Canada (Vice Chairs of WG2)]

I. INTRODUCTION

In the Declaration of the XV Inter-American Conference of Ministers of Labor (IACML), the Ministers recognized that full and productive employment and decent work are central to sustainable social and economic development. Accordingly, they reaffirmed the commitment to strengthen and modernize Ministries of Labor through national actions complemented at the regional level that take into account the important role of horizontal cooperation and technical assistance.

In this framework and bearing in mind the Plan of Action and Final Report submitted at the XV IACML, as a Working Group we have been pursuing efforts to increase the institutional capacity of the Ministries of Labor, with a view to strengthening the promotion of decent work in the context of globalization.

Accordingly, Working Group 2 has been building on the work of former Working Group 2, “Building Capacity of Labor Ministries”.

In this framework, activities centered on the following priority issues:

Labor Administration Systems Management and planning models of Ministries of Labor The role of international cooperation in institutional and technical strengthening of

Ministries and their staff Strengthening of Social Dialogue Promotion of the ILO Fundamental Principles and Rights at Work Effective functional and organizational models for public employment services

(PES) Initiatives to improve enforcement of labor laws Occupational Health and Safety Policies

In order to develop the aforementioned issues, Working Group 2 met on two occasions. The first meeting was held at Montevideo, Uruguay, on April 17, 2008. The second meeting took place in Washington, D.C., USA, on May 21, 2009. In addition, several priority issues of Working Group 2

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were examined in depth at four Workshops of the Inter-American Network for Labor Administration (RIAL, by its Spanish acronym).

- Workshop on Social Dialogue and Social Cohesion, Montevideo, Uruguay, April 15, 2008

- Third Hemispheric Workshop on Occupational Health and Safety, Cusco, Peru, October 21 and 22, 2008

- Workshop on Public Employment Services (PES), Panama City, Panama, December 10 and 11, 2008

- Workshop on Successful Labor Inspection Models, Washington, D.C., USA, May 19, 2009

The meetings of WG2 and the RIAL workshops associated therewith were attended by representatives from the Ministries of Labor of the hemisphere, from the workers’ and employers’ sectors, COSATE and CEATAL, as well as from international organizations such as the ILO, PAHO, ECLAC, IDB, World Bank, and WAPES.

The meetings and workshops served as a discussion space for the exchange of experiences among the Ministries of Labor of the hemisphere, together with presentations by officials from the ministries, international institutions, and the Technical Secretariat of the IACML.

This report summarizes the main issues covered. In the second section, it presents a brief summary of the subjects under discussion; in the third section, it explains the consensus reached and the topics that require further in-depth examination and treatment. Finally, the fourth item contains the recommendations that WG2 proposes as an input for the next Inter-American Conference of Ministers of Labor.

II. CENTRAL THEMES EMERGING FROM OUR DELIBERATIONS

1. The discussions addressed the lack of national labor policies in many Ministries of Labor, which are a crucial element in labor management, since they provide the administration with a guiding framework by which to ensure the coherence of actions (a collection of programs does not constitute a policy). Such policies are all the more necessary when one considers that administrative inertia without sufficient political direction is too frequent in some of the region’s Ministries of Labor.

2. We have seen how, in an effort to improve their administration, some Ministries of Labor are developing strategic plans that enable them to adopt strategic objectives; adjust their organizational structures to meet those objectives; and set responsibilities, expected results, quantifiable goals, and performance indicators. Within these efforts, identification of expected results that include quantitative aspects (quantifiable and verifiable goals) as well as qualitative ones (related to quality of employment) is considered essential.

3. The Ministries of Labor share a commitment toward international cooperation and a conviction that it is an important element of institutional strengthening. We recognize that this cooperation goes beyond financial assistance, given that it also involves mechanisms for experience exchange, dialogue, intra-regional cooperation, and technical assistance, among others.

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4. We again concur that social dialogue is of paramount importance for strengthening democratic governance and building inclusive and socially just societies. In that sense, we believe that it should not be limited simply to information exchange but should also contribute to the development of a country's strategic vision and the formulation of economic and social policies.

5. Labor legislation is an essential tool for making decent work a reality. Activities to promote and raise awareness about the fundamental principles and rights at work espoused by the ILO Declaration of 1998 are regarded as basic elements for underpinning a culture of compliance and labor inspection efforts.

6. The Ministries of Labor have discussed the expansion of public employment services, supplementing their classic intermediation functions with personalized professional guidance and support, the definition of career paths or professional plans, referrals to job training, and providing information on other services available to job seekers and enterprises.

7. We discussed the hugely important role of labor inspections in oversight and enforcement of labor standards, as well as modernization of these services which improves the operation of inspection systems, applicable standards, available information and technology, and relations with productive sectors and external official institutions.

8. We exchanged opinions on promotion of health and safety in the workplace and worker protection, and we have recognized the need to include workplace health and safety in national development policies and in National Programs for Creation of Decent Work, in order to give this issue the highest priority in each country and strengthen measures adopted in different areas.

III. AREAS OF AGREEMENT AND ISSUES FOR FURTHER WORK

1. Ministries of Labor recognize their major shortcomings in the areas of service management and provision; many of them, however, are taking great steps toward overcoming them. A number of experiences show that labor administration is evolving toward public management focused on service to the public (attention to users and clients) and results, and concerned about quality standards. Agreement exists that this is the direction in which Ministries of Labor must aim.

2. It was recognized that the priorities for improving the administration of Ministries must include planning systems with the following basic elements: strategic plans that reflect the objectives of the Ministries of Labor; annual operating plans broken down by stages; annual budgets and an information system for managing them; and the participation and commitment of all officials at every level.

3. We recognize that international cooperation is a very important mechanism for strengthening Ministries of Labor, not only in order to improve their practices, policies and programs, but also to enhance the technical capacity of their staff. One core concern is to increase the efficiency and impact of this cooperation so that the capacity developed is not lost.

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4. It was particularly recognized that there is a high and growing level of interest among the hemisphere’s Ministries of Labor in continuing to strengthen the RIAL, which they recognize as a valuable mechanism of the IACML for institutional and technical strengthening through cooperation. It was agreed that the RIAL has yielded important results over its three years of operation, allowing many of the participating ministries to incorporate lessons learned into their work plans and programs.

5. A number of conditions were also identified which, coupled with a political commitment to cooperation, would enhance the results of the RIAL. These include definition of a single point of contact within each ministry; participation of technical staff and area heads to ensure that the capacity developed is not lost; and the organization of cooperation activities that are relevant, timely, and consistent with the plans and priorities of Ministries of Labor.

6. The need was reiterated for effective and institutionalized social dialogue within a constructive climate of cooperation that moves past confrontation, so as to permit lasting and permanent results. We agree on the need to continue to strengthen social dialogue at the national, subregional, and hemispheric level, and we hail the progress made by the OAS in institutionalizing the participation of COSATE and CEATAL in its General Assemblies and Summits of the Americas.

7. Just as corporate social responsibility helps to promote a culture of compliance with labor laws, so conviction, awareness-raising, consensus and commitment on the part of social actors are key factors in promoting respect for labor rights in the framework of a culture of compliance. The Ministries of Labor must continue the efforts begun so that the work of inspection, promotion, and awareness raising also reaches workers in the informal economy and the micro- and small- business sector.

8. We recognize that public employment services play a central role in the operations of labor markets and today, they face major challenges, given that they must respond to a more complex and dynamic productive economic environment. We have seen that these services are decentralizing, which allows them to reach more young people and tie in with local development strategies; they have moved toward new intermediation schemes based on the use of new information and communication technologies (ICTs); they are becoming more closely linked to vocational training systems; they are professionalizing to include quality control and process improvement criteria; and they are expanding the services they provide to both job seekers and companies.

9. Although it is a fact that the Ministries of Labor of the hemisphere are making great efforts to strengthen themselves institutionally and ensure effective enforcement of labor laws, there remains a need to adopt policies and mechanisms that would enable them to translate the provisions contained in labor laws into concrete measures.

10. Countries need to develop a national strategy to prevent and control occupational accidents and illnesses. Some countries have been successful in developing prevention strategies and others have successfully designed effective strategies that combine international initiatives with national capacities, including tripartite and inter-agency participation.

11. The contributions made by the labor and employers’ sectors, represented by COSATE and CEATAL, respectively, have enriched discussions and enabled consensus on the aforementioned areas of agreement and issues for further work. We also underscore the collaboration

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of the OAS, ILO, PAHO, WAPES, World Bank, IDB, and ECLAC, whose contributions have been extremely important.

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IV. RECOMMENDATIONS

Based on the work that is being done on the various topics, the Working Group respectfully recommends the Ministers of Labor to draw up a Plan of Action gearing the IACML toward the following aims:

1. Continue the efforts of Ministries of Labor to improve their management capacity, in particular through the creation of labor administration systems that include as fundamental premises training for ministry officials and implementation of strategic planning exercises.

2. Strengthen the Inter-American Network for Labor Administration (RIAL) as the cooperation and technical assistance mechanism of the IACML. As part of this effort, a group of interested ministries could be set up to analyze progress to date and put forward ideas for continued improvements of the Network, including a review of its Operations Guide and different funding options for its initiatives.

3. Encourage the Ministries of Labor to continue elaborating National Plans for Creation of Decent Work, which are consistent with and contribute to long-term country strategies and involve all social actors. Call upon the ILO to continue supporting the preparation of these Plans and request the IACML/RIAL to compile and disseminate on the Web the plans adopted by countries in order to see their priorities and progress and share these strategies among countries.

4. Analyze experiences of creation of Special Units or Offices for Decent Work or Fundamental Rights within the Ministries of Labor, in order to learn from those experiences and determine which institutional format achieves the most impact in terms of promotion and respect for the fundamental principles and rights.

5. Continue to include social dialogue as a crosscutting element in the discussions of the Working Groups and RIAL Workshops. Welcome and encourage OAS efforts to foster the participation of workers and employers in its activities, in particular its General Assembly and the Summits of the Americas process.

6. Strengthen relations between Ministries of Labor and other government institutions in order to ensure greater coordination of policies and actions. In particular, strengthen the linkages between our Ministries and social security institutions in order to continue joint measures in this regard and in the area of occupational health and safety.

7. Pursue efforts of, inter alia, promotion, awareness-raising and training as activities that encourage compliance with labor laws, as part of the strategy to promote the ILO fundamental principles and rights at work.

8. Support decentralization of public employment services in order to expand coverage and ensure greater relevance and impact at the local level.

9. Continue to work on the professionalization and strengthening of labor inspection, as well as toward the conviction, awareness, consensus, and commitment of social actors as key factors in promoting respect for labor rights in the framework of a culture of compliance.

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10. Support design of national occupational health and safety policies that reaffirm the commitment of states to promote effective measures in this area. The tripartite approach should continue to be consolidated and strengthened by the notion of shared responsibility in OHS.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.9/09October 6-8, 2009 28 September 2009Buenos Aires, Argentina Original: Spanish

REPORT OF THE TECHNICAL SECRETARIAT TO THE XVI INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR

INTRODUCTION

The Technical Secretariat of the Inter-American Conference of Ministers of Labor (IACML) submits this report to the XVI IACML to follow up on commitments made and activities carried out in keeping with the Plan of Action of Port-of-Spain adopted during the XV IACML held in Port-of-Spain, Trinidad and Tobago in September 2007; as well as on the mandates of the Declaration and Plan of Action of Mar del Plata, adopted at the IV Summit of the Americas in 2005. This report covers the period from September 2007 to September 2009.

It should be pointed out that the IACML is integrated with the Summits of the Americas process and its priorities and plans of action have been aligned with the mandates of the heads of state and government of the Americas since the First Summit in 1994. This integration became particularly important after the Fourth Summit of the Americas held in Mar del Plata, Argentina, in November 2005, focused on “Creating Jobs to Fight Poverty and Strengthen Democratic Governance.” Prior to that Summit, the IACML provided important input and several of the region’s Ministries of Labor participated actively in the negotiations on the Declaration and Plan of Action of Mar del Plata. The Fifth Summit, held in April 2009 in Port of Spain, contains a number of mandates for the Ministries of Labor and the IACML, which have been included in the draft Declaration and Plan of Action of Buenos Aires to be adopted at the XVI IACML in October 2009.

The principal responsibilities of the Technical Secretariat, held by the Department of Social Development and Employment (DSDE) of the Executive Secretariat for Integral Development (SEDI) of the OAS, include coordinating and organizing meetings and activities of the IACML, COSATE, and CEATAL; supporting the Chair pro tempore in implementing the Plan of Action; coordinating the Inter-American Network for Labor Administration (RIAL); and maintaining inter-agency dialogue and cooperation.

In performing its functions, the Secretariat coordinates its work fully with the troika of past, present and future chairs of the IACML, which until the XVI IACML are the Ministries of Labor of Mexico, Trinidad and Tobago, and Argentina, respectively, as well as with the Chair and Vice Chairs of the Working Groups made up of the Ministries of Brazil, Canada, El Salvador, Guyana, the United States, and Uruguay. The Secretariat gives special recognition to the work of these authorities, whose leadership and commitment have made it possible to carry out the activities proposed for the IACML.

Following the XV IACML in September 2007, a Planning Meeting attended by the officers of the Conference (troika, chairs and vice chairs of the Working Groups) was held in December 2007,

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where the IACML Calendar of Activities for 2007-2009 was defined and priority issues identified for the Working Groups and RIAL Workshops: social dialogue, youth employment, occupational health and safety, labor inspection, public employment services, and gender mainstreaming in ministries, among others. However, in view of the worldwide economic crisis that arose toward the end of 2008, the content of the activities of the RIAL and Working Groups was altered in order to examine this state of affairs, study its impact on labor markets in the region, and share information on the responses offered by the Ministries of Labor to mitigate it.

1. COORDINATION OF THE INTER-AMERICAN NETWORK FOR LABOR ADMINISTRATION (RIAL)

The Inter-American Network for Labor Administration (RIAL) was created by mandate of the XIV IACML in 2005 and is the most important achievement of the Conference in recent times. The Network strengthens policy dialogue and provides the Conference with a permanent horizontal cooperation and technical assistance mechanism; its purpose is to strengthen the institutional and human capabilities of the hemisphere’s Ministries of Labor.

The Network is a collective undertaking fueled by the political commitment of the Ministers of Labor and which, at the same time, has become an effective and dynamic mechanism thanks to the dedication and generosity of ministry staff, the participation of COSATE and CEATAL, the permanent advisory services of the ILO, and the involvement of other international agencies.

Since the XV IACML, the RIAL as been strengthened considerably, not only with the various activities described in this report, but because increasingly more ministries include it as a valuable institutional strengthening tool in their cooperation strategies. The Ministries have discharged the undertaking given in Article 14 of the Declaration of Port-of-Spain: “we will continue strengthening the RIAL...”

Over the past two years the mandates have been completed of the Plan of Action of Port-of-Spain (Articles 14, 15, and 16) which request the Secretariat to continue to coordinate the RIAL and the leaders of the IACML (troika and Working Group authorities) to prepare a proposal for its operation. This proposal was submitted at the meetings of the Working Groups in April 2008 and at present guides the activities of this Network. The Technical Secretariat was also requested to explore funding sources for the RIAL and member states to make efforts to ensure its effective operation, including financial and in-kind contributions. In that regard, the Secretariat signed a new agreement with the Labor Program of Human Resources and Skills Development Canada in August 2008 for US$760,000, which comes on top of three agreements signed with this donor since 2006 for US$580,000. The latest agreement has made it possible to carry out the majority of the activities of RIAL described in this report. It expires in August 2010. RIAL also received financial or in-kind contributions from the Ministries of Labor of the United States, Brazil, Argentina, Uruguay, Peru, and Panama during this period.

It should be noted that the creation and operations of RIAL are also a response to mandates from the IV Summit of the Americas, particularly Article 72 of the Declaration of Mar del Plata and Article 19 of its Plan of Action, which refer to strengthening cooperative mechanisms within the framework of the OAS, particularly the IACML.

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In a little over three years in operation, which should be counted from the first workshop to exchange experiences in May 2006, RIAL can boast the following achievements:12 hemispheric exchange workshops held.An up-to-date, online portfolio of programs of Ministries of Labor. The RIAL web page prepared and online (www.sedi.oas.org/ddse/rial).Two technical studies prepared: “Gender and Decent Work” and “The Institutionalization of a Gender Approach in the Ministries of Labor of the Americas”RIAL Cooperation Fund created and put into operation with three calls for proposals.49 bilateral cooperation activities carried out or in the pipelineMore than 450 representatives of Ministries of Labor and over 50 members of COSATE and CEATAL trained in priority labor administration issues through hemispheric workshops and the Cooperation Fund.14 international agencies involved in RIAL (ILO, PAHO, IDB, ECLAC, WAPES, and CARICOM, among others).27 think tanks and NGOs involved in RIAL activities.All OAS member states involved in RIAL activities through their Ministries of Labor.

Following are the RIAL activities carried out in the period covered by this report: September 2007 to September 2009.

1.1 Seven hemispheric-level exchange workshops

Hemispheric Workshops are one of the most important tools of RIAL. They serve to showcase outstanding initiatives in the region, identify lessons learned, and hold technical dialogue on priority areas for labor administration. They are also attended by specialized officials from Ministries of Labor, representatives of CEATAL and COSATE (employers’ and workers’ groups), experts from international agencies and, in some cases, civil society organizations.

Since the XV IACML, the Technical Secretariat has planned and held seven hemispheric workshops, which have been attended by various ministries in the region. This report offers a brief summary of each one. In-depth information on all of these Workshops, including presentations, documents, participants, and audio recordings of discussions, are available on the RIAL web page (www.sedi.oas.org/ddse/rial).

a) WORKSHOP ON SOCIAL DIALOGUE AND SOCIAL COHESION, URUGUAY, APRIL 15, 2008 - This Workshop brought together technical representatives from the Ministries of Labor of 27 countries in the Americas, COSATE and CEATAL representatives, and the ILO to analyze the characteristics and challenges of different social dialogue entities in the region, such as advisory councils, employment councils, and economic and social forums, among others. During one working day, the participants were able to share experiences and approaches, and concluded that social dialogue is a core element of democratic governance and a fundamental tool for building societies with inclusion and social justice The participants agreed that social dialogue should be effective, institutionalized, and pursued under a constructive cooperation environment.

This Workshop complied specifically with Article 8 (i) of the Plan of Action of Port-of-Spain, which mandated the holding of “workshops to exchange information on national and regional experiences with social dialogue”; it also takes into consideration Articles 36 and 37 of the Declaration of Mar del

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Plata and Articles 11 and 24 of its Plan of Action which refer to strengthening tripartite dialogue at the national, subregional, and hemispheric level.

b) SEMINAR ON YOUTH EMPLOYMENT, RIO DE JANEIRO, BRAZIL, MAY 20 AND 21, 2008 - This Seminar was jointly organized by the Ministry of Labor and Employment of Brazil, the United States Department of Labor, and the OAS. The Seminar was an excellent opportunity to exchange experiences and analyze the most relevant youth employment issues in the Americas, especially: the need to promote partnerships designed to create decent jobs for youth; the benefits of integral or integrated strategies policies and services; youth entrepreneurship initiatives as alternative ways to create decent work; and the importance of having labor market inclusion strategies for the most vulnerable youth. Participating in the seminar were technical representatives of 29 Ministries of Labor in the region, COSATE and CEATAL members, representatives of international organizations such as the ILO, IDB, World Bank, and WAPES, and over 10 nongovernmental organizations.

Youth employment was a highly important issue at the Fourth Summit and at the XV IACML, as well as at other international and hemispheric fora, including the OAS General Assembly in 2008. This Workshop fulfilled Article 6 (h) of the Plan of Action of Port-of-Spain: “exchange, among the countries of the Hemisphere, projects, programs and policies which have had positive impacts on youth employment generation...”, as well as contributing to compliance with Article 8 (e) thereof, on new approaches to the training of workforce.

c) THIRD HEMISPHERIC WORKSHOP ON OCCUPATIONAL HEALTH AND SAFETY, CUSCO, PERU, OCTOBER 21 AND 22, 2008 - This workshop followed up on the two hemispheric workshops held in this connection in the framework of the IACML-RIAL in 2004 and 2006 in El Salvador. The workshop was organized jointly by the Ministry of Labor of Peru, the OAS, ILO, and PAHO, organizations that have committed to follow up on this workshop and provide technical assistance through a number of tools and institutional strategies. Over the course of two days, directors and specialists in occupational health and safety (OHS) from 26 Ministries of Labor in the region, experts from the above-mentioned agencies, COSATE, CEATAL, and OHS collaborating centers analyzed progress and identified ways to strengthen OHS systems, improve mechanisms for prevention and control of occupational hazards, and address the challenges posed by HIV/AIDS in the workplace. The summary of discussions and lessons learned prepared at the end of the event also recommends a number of measures to pursue.

This event fulfilled Articles 8 (l) and 6 (j) of the Plan of Action of Port-of-Spain, which refer to experience exchange on OHS and practices aimed at reducing the incidence of HIV/AIDS in the workplace. It also follows up on Article 16 of the Plan of Action of Mar del Plata on OHS and promotion of strategic partnerships, inter alia, between the labor and health sectors.

d) WORKSHOP ON PUBLIC EMPLOYMENT SERVICES (PES), PANAMA CITY, PANAMA, DECEMBER 10 AND 11, 2008 - This Workshop was jointly organized by the Ministry of Labor and Labor Development of Panama and the OAS, in close collaboration with the Ministry of Labor, Employment and Social Security of Argentina and the World Association of Public Employment Services (WAPES). The Workshop had three panels which examined the main PES trends: 1) PES and Local Development: linkages with the productive environment to ensure access to quality and productive employment; 2) Articulation of PES with workforce development (training) systems and information systems; and, 3) Public Employment Services’ approach to addressing

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vulnerable groups or persons with greater barriers to employment. The document containing the conclusions reflects the richness of the event, at which 25 Ministries of Labor in the region were represented by their employment directors or officials with responsibilities in the area of PES, in addition to representatives of COSATE and CEATAL, and officials from the ILO, WAPES and OAS.

The workshop helps to promote a comprehensive approach in PES and to that extent followed up on Article 8 (d) of the Plan of Action of Port-of-Spain. It also provided participants with management instruments to contribute to compliance with mandates 22 and 56 of the Declaration of Mar del Plata on improvement of employment services.

e) WORKSHOP ON LABOR MIGRATION AND LABOR MARKET INFORMATION SYSTEMS, QUEBEC CITY, CANADA, FEBRUARY 24 AND 25, 2009 – At this Workshop, which was jointly organized by the Ministry of Human Resources and Skills Development of Canada and the OAS, participants exchanged experiences on the development of labor market information systems in the region, in particular in Canada; analyzed the importance of these systems for orderly migration management; and discussed a number of dynamics between labor mobility, migration, and labor markets in the context of the world economic crisis. The Workshop was attended by technical staff from 22 Ministries of Labor in the region, representatives of COSATE and CEATAL, and specialists from the ILO, IOM, OAS, Inter-American Dialogue, and the Inter-American Conference on Social Security, among others.

The Workshop provided an opportunity to move forward with the study and exchange of information on migration, in keeping with Article 6 (b) of the Plan of Action of Port-of-Spain. It also provided elements for ensuring orderly migration in line with Article 20 of the Plan of Action of Mar del Plata. Furthermore, it served as a space for analyzing the responses of Ministries of Labor to the present economic crisis.

f) WORKSHOP ON SUCCESSFUL LABOR INSPECTION MODELS, WASHINGTON D.C., USA, MAY 19, 2009 - This workshop made it possible to exchange information on the most crucial current labor inspection issues: 1) Steps taken to attain greater effectiveness, impact, and coverage of labor inspection; 2) Actions to ensure compliance with standards and improve working conditions; 3) Strategies for optimizing oversight and supervision and for combating corruption in labor inspections; and, 4) Challenges facing labor inspection in the current economic climate. The Workshop was organized by the Secretariat of Labor and Social Welfare (STPS) of Mexico and the OAS, and attended by 26 Labor Ministry delegations and representatives of COSATE, CEATAL, ILO and PAHO.

The Workshop fulfilled Article 8 (j) of the Plan of Action of Port-of-Spain, which refers to the exchange of experiences on initiatives to improve the effective enforcement of labor laws, with particular attention to labor inspectorates.

g) WORKSHOP ON GENDER MAINSTREAMING IN THE MINISTRIES OF LABOR OF THE AMERICAS, BUENOS AIRES, ARGENTINA, JULY 21, 2009 - This Workshop complies with one of the strategic guidelines adopted by the XV IACML in 2007 for moving forward with the incorporation of a gender perspective in the framework of the Conference. The main topic of the Workshop’s discussions was the preliminary version of the study “The Institutionalization of a Gender Approach in the Ministries of Labor of the Americas,” which was prepared in 2009 in close

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consultation with the Ministries and which also complies with the strategic guidelines. The event was attended by delegations from 25 ministries, most of which were represented by their highest authorities on gender. Also present were representatives from COSATE and CEATAL. Based on the preliminary study, the Workshop analyzed the progress made by ministries in this area and identified priority training needs.

This event and the study in that regard are a contribution for strengthening gender mainstreaming in labor and employment policies in line with Article 23 of the Declaration of Mar del Plata, Articles 4 and 5 of its Plan of Action, and Article 6(d) of the Plan of Action of Port-of-Spain.

1.2 Operation of the RIAL Cooperation Fund

The RIAL Cooperation Fund was created in January 2007 with the purpose of facilitating bilateral cooperation among ministries of labor. In the period covered by this report, the Secretariat held two calls for proposals (January 2008 and January 2009). In response it received more than 130 proposals from the majority of ministries in the region. The Secretariat selected 40 bilateral cooperation proposals based on the following criteria: quality of the proposal, verifiable commitment of the parties, priority of the cooperation issue for the IACML, and pertinence and usefulness of the cooperation. The Secretariat also gave priority to proposals that were identified and negotiated as a result of RIAL Workshops. It has been confirmed that several countries have used the RIAL Fund to examine experiences presented at workshops in greater detail and in order to enhance cooperation relations initiated therein.Since its creation, RIAL has held 28 cooperation activities and at present has 21 in the pipeline. It has been demonstrated that the fund is a highly effective cooperation tool that allows installed capacity to be left in place in ministries and specific results to be achieved. This is because the contents of the cooperation activities (which may be in the form of on-site visits or visits by experts) are tailored to the specific needs of the institution that requests the assistance and the level of progress in the area concerned. Furthermore, contents are prepared in advance by technical staff from both Ministries, thus ensuring their complete relevance.

Among the identifiable concrete impacts of the activities of the RIAL Cooperation Fund are the following:

Trinidad and Tobago adopted the Occupational Health and Safety Act in 2006, which necessitated the redesign of its OHS system. Some months later it received cooperation from the United States Occupational Safety and Health Administration (OSHA) which enabled it to incorporate elements developed and tested in the United States in the new system.

The Secretariat of Labor of the Dominican Republic received direct assistance from Argentina in the area of labor conciliation, which enabled it to submit a proposal to the Consultative Council on Labor based on the Argentine experience, with a view to preparing a preliminary draft law that would make it mandatory to attempt labor conciliation in individual cases with the Secretariat of Labor before filing a lawsuit. The Council approved the preparation of the bill by the Secretariat of Labor.

The Ministry of Labor of El Salvador, after receiving advisory services from the Dominican Republic in the area of international cooperation and building on what it learned, has planned the creation of a

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Decent Work Unit and implemented a new management process for compliance with ILO Conventions and Recommendations.

Ecuador is developing its National Labor Statistics System. In this effort it has received direct advisory services from Argentina, which has a recognized statistics system. Furthermore its Ministry of Labor has an Employment and Business Dynamics Observatory. The cooperation, which consisted of an experts’ visit to Quito, culminated with a diagnostic report and a short- and medium-term work plan for creating the National Labor Statistics System.

New Study and Progress on Gender and Decent Work

The XV IACML approved the “Strategic Guidelines for Advancing Gender Equality and Non-discrimination within a Decent Work Framework,” which came out of the first technical study by RIAL in this area. Over the past two years, the Technical Secretariat, in the framework of RIAL, has implemented these strategic guidelines through: 1) The holding of a workshop in this regard, as described earlier in this report; and, 2) preparation of the study “The Institutionalization of a Gender Approach in the Ministries of Labor of the Americas”, which will be presented at the XVI IACML in Buenos Aires in October 2009. This study performs a comprehensive analysis and offers an up-to-date overview of the different types of units, offices, or programs that address gender-related issues in the Ministries, together with their characteristics, place in the ministry structure, and main results, among other information. The study also outlines a training plan for strengthening these units or offices that would make it possible to continue gender mainstreaming in the policies, programs, and institutional routines of Ministries of Labor.

The Workshop, Study, and all the efforts that preceded them have been carried out in close collaboration with the ILO and the Inter-American Commission of Women (CIM).

1.4 Redesign and updating of the Portfolio of Programs

The RIAL Portfolio of Programs virtual tool was redesigned in 2008 and the information categories were redefined in order to cover all the Labor Ministries’ areas of action. Following extensive updating, the Portfolio now consists of 79 programs from 13 Ministries grouped under the following categories: Employment (40), Labor (17), Labor Relations (7), Social Security (3), Information and Research (9), and Institutional Strengthening (3). The portfolio will be newly updated after the XVI IACML, to which end the collaboration of all the Ministries of Labor is requested.

1.5 Information and dissemination

The Secretariat has kept the IACML and RIAL website (www.sedi.oas.org/ddse/rial) up to date at all times regarding initiatives and activities carried out and planned. This has been widely appreciated and recognized by the region’s Ministries of Labor, COSATE, CEATAL, and organizations close to the IACML. In addition, the Secretariat prepared and distributed at various IACML activities the RIAL informative brochure that describes its objectives, tools, and priority topics. Furthermore, in the period covered by this report it prepared the second and third RIAL Newsletters to report on activities carried out in 2008 and 2009, respectively.

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2. COORDINATION AND PLANNING OF IACML ACTIVITIES

The Secretariat organized and hosted a planning meeting in Washington, D.C., in December 2007 to tie down in the form of concrete actions the mandates contained in the Declaration and Plan of Action of Port-of-Spain, prepare the 2008-2009 Calendar of Activities of the IACML, ensure coordination among the major actors, define their responsibilities, and ensure linkage with the Summit of the Americas process. The meeting also served to approve the RIAL Operations Guide and the components of the project on gender in the framework of the RIAL.

Participants at the meeting included the Ministries of Labor heading up the IACML (past, present, and future Chairs, and officers of its Working Groups) and international organizations involved in the process. This meeting, which has been held after each Conference since 2003, again proved to be an effective method for delineating activities and establishing financial or in-kind commitments in support of the IACML.

The 2008-2009 Calendar of Activities approved in December 2007 has been carried out in full.

3. SUPPORT FOR WORKING GROUPS

The Working Groups are the Conference’s fundamental tool for analyzing and discussing important issues, identifying areas of consensus, developing recommendations on future actions, and monitoring national and subregional activities. The Plan of Action of the XV IACML continued with the two Working Groups created at the XIV IACML, whose topics and officers are as follows:

Working Group 1: “Decent work as an instrument for development and democracy in the context of globalization”. Chair: Brazil, Vice Chairs: United States and Guyana.

Working Group 2: “Strengthening the capacities of Ministries of Labor to respond to the challenges of promoting decent work in the context of globalization.” Chair: El Salvador, Vice Chairs: Canada and Uruguay.

Between the XIV and XV IACML, the Working Groups met on two occasions under the coordination of and with technical support from the OAS, and with funding from the government of Canada: The first meeting was held in April 2008 in Montevideo under the auspices of the Ministry of Labor and Social Security of Uruguay and the second in 2009, in Washington, D.C. The topics discussed, the major conclusions, areas of consensus, and recommendations that emerged from these meetings are contained in the final reports that these Working Groups are submitting to the XVI IACML (CIDI/TRABAJO/doc.7/09 and CIDI/TRABAJO/doc.8/09).

In 2009, Working Group 1 redefined the topics it had under consideration in view of the global financial crisis. Accordingly, at its second meeting discussions centered on the effects of the crisis on labor markets and policies and programs to mitigate its impact on employment. These discussions were very rich and benefited from the participation of the ILO, IDB, ECLAC, and the World Bank. Furthermore, at its two meetings WG1 focused its analysis and discussions on the following topics: Policies for micro, small, and medium-sized enterprises; national and regional plans for the creation of decent work; informal economy and unregistered work; policy articulation and alliances between Ministries of Labor and other sectors; youth employment; labor migration, and gender.

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The discussions of Working Group 2 centered on the following topics: strengthening labor administration, in particular management and planning models; effective enforcement of labor laws as regards promotion, awareness raising, and social responsibility; international cooperation on labor matters, in which RIAL was examined; employment services; occupational health and safety, and social dialogue.

In analyzing each of the topics addressed, the officers of the Working Groups and the Technical Secretariat adhered closely to the mandates contained in the Plans of Action of the IV Summit and the XV IACML, seeking to fulfill these mandates directly or give the Ministries of Labor the tools they need to fulfill their commitments at the national level. Particular attention was given to mandates 6 (c), (e), and (g) and 8 (c) and (m) of the Plan of Action of Port-of-Spain.

4. CONSOLIDATION OF TRIPARTITE DIALOGUE WITHIN THE OAS FRAMEWORK

The participation of social actors through the Trade Union Technical Advisory Council (COSATE) and the Business Technical Advisory Committee on Labor Matters (CEATAL), has continued to strengthen in the framework of the IACML All the activities carried out between the XV and XVI IACML, including the RIAL workshops, meetings of the Working Groups, and the negotiations on the 2007 Declaration and Plan of Action of Port of Spain, benefitted from the participation of workers’ and employers’ representatives, who had the opportunity to offer formal presentations and participate extensively in discussions.

The Technical Secretariat, through resources negotiated and received from the government of Canada, was able to finance the participation of two representatives from each advisory body in the RIAL activities, in keeping with mandate 3 of the Plan of Action of Port-of-Spain, which provides that member states should devote available economic, technical, and logistical resources to facilitate the participation of COSATE and CEATAL.

Furthermore, in the framework of the IACML the participation of social actors has acquired a level of importance unparalleled in the Summits of the Americas process and the OAS General Assembly, which have institutionalized fora for dialogue with various sectors.

The business sector has been participating in the Summits process and the OAS General Assembly since 2005, through the Private Sector Forum, which gathers together entrepreneurs from all over the region and presents their contributions in these contexts. The Technical Secretariat has fostered the participation of CEATAL representatives in this forum and, in particular, in the dialogue between the business sector and the Ministers of Foreign Affairs at these events. It should be noted that in the spaces for dialogue with the private sector at the V Summit of the Americas in Port-of-Spain, Trinidad and Tobago, in April 2009, and at the Thirty-Ninth OAS General Assembly in San Pedro Sula, Honduras in June 2009, Canadian CEATAL representatives took the floor, presenting the position of this advisory body on the issues taken up at those meetings.

The participation of workers in these fora was formalized a short time after that of the business sector by resolution AG/RES.2315, which was adopted by the OAS General Assembly in 2007 and explicitly ordered that the workers’ representatives in each of the member states of the OAS be invited to hold a dialogue with the ministers of foreign affairs, prior to the inaugural sessions of the OAS General Assembly and the Summits of the Americas, so that said representatives might make recommendations and proposals on the theme of those meetings. The first institutionalized dialogue

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in the framework of the OAS between workers’ representatives and ministers of foreign affairs was held at the Thirty-Eighth OAS General Assembly in Medellin in 2008 and subsequently at the V Summit of the Americas in April 2009 and at the Thirty-Ninth OAS General Assembly in June 2009. The leadership of COSATE and of the Trade Union Confederation of the Americas have participated actively in these dialogues.

The Technical Secretariat has been the bridged between CEATAL and COSATE representatives and the Summits of the Americas and OAS General Assembly processes, and has ensured their effective participation in spaces for dialogue at these events.

The progress in tripartite dialogue is in response to mandates 36 and 37 of the Declaration of the Fourth Summit of the Americas and mandates 11 and 24 of its Plan of Action, as well as mandates 2, 3, and 4 of the Plan of Action of the XV IACML, which refer to the commitment to promote and facilitate tripartite dialogue at the national, subregional, and hemispheric levels.

CONCLUSION

The last two years have enabled the IACML to strengthen RIAL, its cooperation mechanism, through multiple multilateral and bilateral activities, strides in the project on gender, approval of its Operations Guide, and updating of his Portfolio of Programs, among other measures. Thus far, RIAL has provided training to more than 450 labor ministry officials on priority labor-administration issues, produced closer cooperation and assistance ties among these ministries, and is making a name for itself as a valuable institutional strengthening tool.

In the past two years attention should also be drawn to the strong impetus that the gender issue has gained in the framework of the IACML, through implementation of several strategic guidelines adopted by the Ministers of Labor at the XV IACML in 2007. This is an area where work will continue in order to move forward with effective gender mainstreaming in labor and employment policies as well as in the day-to-day activities of ministries of labor.

Finally, since the XV IACML the participation of workers and employers, represented by COSATE and CEATAL, has been consolidated in IACML activities; crucially, however, their participation has being institutionalized in the Summits of the Americas and the OAS General Assembly. Their opinions and recommendations are now inseparable from these processes.

At the XVI IACML in October 2009, the Ministry of Labor, Employment, and Social Security of Argentina takes over the Chair of the Conference. Under its leadership, the IACML takes up significant challenges, given the new international climate and the imminent impact of the economic crisis on labor markets in the region. As theme of the conference says, over the coming years the IACML will be called upon to support the Ministries of Labor in “Facing the crisis with development, decent work, and social protection.” The OAS reiterates its most resolute commitment to carry on supporting the Conference, convinced of the value of policy dialogue and cooperation for moving forward with strengthening the ministries of labor and ensuring better conditions for workers in the region.

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APPENDIX III – ADVISORY BODIES MEETINGS

Agenda for the Meeting of the Technical Permanent Committee on Labor Matters (COTPAL)

Report of the Meeting of the Permanent Technical Committee on Labor Matters (COTPAL)

Agenda for the Permanent Executive Committee of the Trade Union Technical Advisory Council (COSATE)

Report of the Meeting of the Permanent Executive Committee of the Trade Union Technical Advisory Council (COSATE)

Agenda for the Permanent Executive Committee of the Business Technical Advisory Committee on Labor Matters (CEATAL)

Report of the Meeting of the Executive Committee of the Business Technical Advisory Committee on Labor Matters (CEATAL)

Report on the Joint Meetings of the Trade Union Technical Advisory Council (COSATE) and the Business Technical Advisory Committee on Labor Matters (CEATAL)

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XVI INTER-AMERICAN CONFERENCE OF OEA/Ser.K/XII.16.1MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.10/09 rev.1October 6 to 8, 2009 6 October 2009Buenos Aires, Argentina Original: Spanish

AGENDA OF THE MEETING OF THE PERMANENT TECHNICAL COMMITTEE ON LABOR MATTERS (COTPAL)

(Approved during the COTPAL meeting of October 6, 2009)

1. Opening of the meeting, by the Chair of COTPAL, Ministry of Labor and Small and Micro Enterprise Development of Trinidad and Tobago

2. Adoption of draft agenda

3. Introductory remarks by the Technical Secretariat of the IACML

4. Presentation of the document “The institutionalization of a gender approach in the Ministries of Labor of the Americas,” by the Technical Secretariat

5. Consideration of the Draft Rules of Procedure of the Conference (CIDI/TRABAJO/doc.6/09) to study amendments to Article 29 on COSATE and CEATAL

6. Final consideration of the draft Declaration and Draft Plan of Action of Buenos Aires, with introductory presentation by the Ministry of Labor, Employment, and Social Security of Argentina

7. Election of the Chairs (2) and Vice Chairs (4) of the Working Groups of the IACML, with introduction by the Technical Secretariat, on responsibilities and nominations received:

Candidates for Working Group 1: United States (Chair), Brazil, Guyana, and El Salvador (Vice Chairs)

Candidates for Working Group 2: Mexico, Canada, Uruguay, and the Dominican Republic (Vice Chairs)

8. Election of new officers of COTPAL (Article 13 of the Rules of Procedure of COTPAL)

9. Other business

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.29/09October 6-8, 2009 16 November 2009Buenos Aires, Argentina Original: Spanish

REPORT OF THE PERMANENT TECHNICALCOMMITTEE ON LABOR MATTERS (COTPAL)

The Permanent Technical Committee on Labor Matters (COTPAL) met on October 6, 2009, in Buenos Aires, Argentina, in the context of the XVI Inter-American Conference of Ministers of Labor (IACML).

The meeting was chaired by Ms. Roslyn Khan-Cummings, Permanent Secretary of the Ministry of Labour and Small and Micro Enterprise Development of Trinidad and Tobago.

I. Opening of the meeting

The Chair welcomed participants with a cordial greeting on behalf of the Minister of Labour and Small and Micro Enterprise Development of Trinidad and Tobago, Rennie Dumas, who, unfortunately, was unable to attend, and thanked Argentina, and especially its Minister of Labor, Employment, and Social Security, Carlos Tomada, for their cordial welcome. She recalled that with this COTPAL meeting the chairmanship of Trinidad and Tobago would conclude and took the opportunity to express her gratitude to the delegations and the Secretariat for their efforts over the preceding two years in pursuing the objectives and implementing the initiatives set out at the XV IACML.

II. Adoption of the agenda

During consideration of the Draft Agenda (CIDI/TRABAJO/doc.10/09 rev.1), the delegation of Argentina reported that it would be presenting three draft resolutions. The first was to amend the Rules of Procedure of the IACML and the Organization Plans of COSATE, CEATAL, and COTPAL (CIDI/TRABAJO/doc.21/09); the second was to amend the Organization Plan of COSATE (CIDI/TRABAJO/doc.22/09); and the was third to present contributions from the XVI IACML to the G-20 process (CIDI/TRABAJO/doc.23/09).

Noting that these draft resolutions would be considered, COTPAL adopted the agenda.

III. Introductory remarks by the Technical Secretariat of the IACML

The Director of the OAS Department of Social Development and Employment, Mr. Francisco Pilotti, thanked the Government of Argentina for preparing and organizing the IACML. He said this COTPAL meeting was the culmination of a long preparatory process that had involved the participation of numerous delegations and achieved consensus on the documents which the Ministers would adopt at the end of the event.

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IV. Presentation of the document “The Institutionalization of a Gender Approach in the Ministries of Labor of the Americas”

The Director of the OAS Department of Social Development and Employment, Mr. Francisco Pilotti, presented the document “The Institutionalization of a Gender Approach in the Ministries of Labor of the Americas.”

He recalled that this initiative to deepen gender analysis in terms of labor issues had first arisen at the XIV IACML, held in Mexico in 2005. On the basis of that mandate, he said, the Secretariat, together with the Inter-American Commission of Women (CIM) and the International Labour Organization (ILO), had conducted the first study, “Gender and Decent Work,” presented at the most recent IACML, in Trinidad and Tobago. As a result of those deliberations, he said, the ministers had identified four strategic lines of action to orient the IACML’s work in this area: (i) promoting high-level dialogue on gender and employment; (ii) analysis of the gender mainstreaming at the ministries of labor; (iii) encouraging horizontal cooperation in the Hemisphere on gender matters through the RIAL; (iv) assessing the viability of instituting a hemispheric labor observatory on gender and employment. He added that, along those lines, the planning meeting of IACML authorities had entrusted the Secretariat with conducting the analysis mentioned in the second item, which had resulted in the study mentioned.

Mr. Pilotti reported that the study presented a snapshot of the status of offices devoted to gender issues in the ministries of labor, analysis, inter alia, their origin, degree of legitimacy, location in the hierarchy, resource allocations, specific functions, project portfolios, and coordination both within the ministries and with other government dependencies, such as women’s agencies.

He reported that a simple approach had been employed, including surveys of both labor ministries and women’s agencies through the CIM, personal interviews, and secondary-source content analysis. He also recalled that the preliminary report had been presented to the ministries at the RIAL workshop on gender mainstreaming in the ministries of labor of the Americas, held in Buenos Aires, at which important additional contributions had been received. He reported a 90% rate of response to the questionnaires and thanked the delegations for their contributions to this effort.

Among the salient findings of the study, Mr. Pilotti said, was that practically all the region’s ministries had gender-issue departments, except in the Caribbean, where there still was no significant presence in the labor ministries. Among the weaknesses of these dependencies, he noted a lack of human and financial resources and a vaguely defined mission. On the other hand, the study found good working relations with the women’s agencies with which they carried out most of their joint activities, especially in the training area.

He concluded by noting that the study set forth a number of institution-building proposals. The major ones included gender audits to analyze, together with the parties involved, the specific, concrete needs of each ministry; a training plan incorporating elements such as strategic planning with a gender approach, gender analysis, and indicator-building; and internships in the RIAL framework.

In his final remarks, Mr. Pilotti expressed his intent to continue working with Working Group 1, which was charged with monitoring gender issues at the IACML over the coming years. He added that both the ILO and the CIM had expressed interest in continuing to support the OAS and the states

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in this area, and that the CIM had even reported that it had some resources to carry initiatives forward.

V. Consideration of the Draft Rules of Procedure of the IACML (CIDI/TRABAJO/doc.6/09) to examine the amendment of Article 29, on COSATE and CEATAL

During consideration of the Rules of Procedure of the XVI IACML, Mr. Francisco Pilotti, Director of the OAS Department of Social Development and Employment, serving as Technical Secretariat of the IACML, reported that the Trade Union Technical Advisory Council (COSATE) and the Business Technical Advisory Committee on Labor Matters (CEATAL) had sent notices to the Secretariat, provided in document CIDI/TRABAJO/INF.1/09, in which they had requested that the IACML consider their designation as permanent consultative bodies of the Conference.

He said that this request was in keeping with Article 21 of the Organization Plan of COSATE and Article 23 of the Organization Plan of CEATAL, which provided that those Plans could be amended by the Inter-American Conference of Ministers of Labor by its own decision or at the request of the body itself. He also noted that in recent years the term “consultative bodies” had been used in various documents adopted by the OAS and the Summits of the Americas.

Mr. Pilotti reported that, in considering this request, the OAS Department of Social Development and Employment had carried out the necessary consultations with the OAS legal department on the implications of the change. He read the opinion aloud and it is transcribed below:

From the legal standpoint, the substantive difference between the concepts “adviser” and “consultant” is based not on the definition of each word but on the recognized functions assigned to each, on the way the opinions of each are to be treated, and on the degree to which those opinions are binding.

He noted that the amendment was not intended to change Article 17 of the Organization Plan of COSATE or Article 19 of the Organization Plan of CEATAL, which gave them the right of voice without vote. This meant the traditional treatment of these bodies in the IACML context remained unchanged, in that they had a voice but no vote and, therefore, their opinions had no binding effect on the decisions of the IACML and COTPAL. He said that the use of the term “permanent consultative” was intended, rather, to emphasize a proactive, more participatory role in the work of the Conference.

In response to queries from delegations, the Secretariat also noted that the change would not have financial or budgetary implications for the ministries of labor or for the Secretariat, since the articles governing who was to cover the expenses incurred in organizing COSATE and CEATAL meetings, and the costs of their representatives’ participation in their meetings, or in the meetings and/or activities of the IACML, would not change.

The delegations agreed with the draft resolution and requested that this report include the information provided by the Secretariat on the implications of the change in status to “permanent consultative bodies,” especially the fact that the opinions issued by COSATE and CEATAL were not binding in the IACML context.

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VI. Final consideration of the Draft Declaration and Draft Plan of Action of Buenos Aires, with an introduction by the Ministry of Labor, Employment, and Social Security of Argentina

The Chair and the Argentine delegation gave an account of the preparatory process aimed at consensus on the Draft Declaration (CIDI/TRABAJO/doc.4/09) and the Draft Plan of Action of Buenos Aires (CIDI/TRABAJO/doc.5/09), which, they said, had taken account of concerns surrounding the topic “Facing the Crisis with Development, Decent Work, and Social Protection,” as well as the initiatives presented by the countries. The two documents were adopted without amendments.

Then the Argentine delegation presented the draft resolution “Contribution of the XVI IACML to the G-20 Process” (CIDI/TRABAJO/doc.23/09), explaining that the intent was to present to the G-20 the concerns and contributions of the region’s labor ministers as set forth in the Declaration of Buenos Aires. The delegations expressed appreciation for the presentation of this resolution, which they called appropriate and timely.

The draft resolution was adopted with certain amendments that were set forth in a revised version of the document (CIDI/TRABAJO/doc.23/09 rev. 1).

VII. Election of the chairs (2) and vice chairs (4) of the working groups of the IACML, with an introduction by the Technical Secretariat on the responsibilities and on candidacies received:

The Chair reported that two working groups had been formed to address the Conference topics in detail. The first, on decent work to address the global economic crisis with social justice for equitable globalization, was to follow up on the Declaration of Buenos Aires from a policy standpoint, with special attention to the response of labor ministries to the present economic crisis. The second, on strengthening the ministries of labor to promote decent work, would follow up on the Declaration of Buenos Aires in terms of institutional capacity and would continue to build upon the work of the prior Working Group 2.

The Secretariat also recalled that Article 24 of the Rules of Procedure of the IACML provided that all delegations had the right to be represented in the working groups and that each group was to elect a chair and two vice chairs. It reported as well that, to date, the Secretariat had received the candidacies of the United States for chair, and of Brazil, Guyana, and El Salvador for vice chairs, of Working Group 1. As for Working Group 2, it noted that the delegations of Mexico, Canada, Uruguay, and the Dominican Republic had presented their candidacies for vice chair.

Following informal consultations, an agreement was reached on the composition of Working Group 1: United States (Chair) and Brazil and Guyana (Vice Chairs). El Salvador withdrew its candidacy and expressed its interest in hosting the next Inter-American Conference of Ministers of Labor; as such, it would be assuming the second vice chairmanship of the COTPAL officers.

As for Working Group 2, it was decided that the Dominican Republic would run for chair. The selection of the vice chairs was left pending until the preparatory meeting.

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VIII. Election of new COTPAL officers (Article 13 of the Organization Plan of COTPAL)

On the designation of the COTPAL officers, it was recalled that these were the host countries of the Inter-American Conferences of Ministers of Labor. Elected by acclamation, therefore, were the delegations of Argentina, as host of the XVI IACML, Trinidad and Tobago, as host of the XV IACML, and El Salvador, as host of the next IACML, to be held in 2011.

IX. Other business

The Argentine delegation presented the draft resolution “Amendment of the Organization Plan of the Trade Union Technical Advisory Council” (CIDI/TRABAJO/doc.2/09), which it said it was presenting in response to an express request from COSATE that the essential role played by the Trade Union Confederation of the Americas (TUCA) in support of COSATE be recognized. It noted that the draft resolution faithfully conveyed COSATE’s request to amend its Organization Plan. The draft resolution was adopted without changes.

There being no further business to discuss, the Chair thanked the delegations and closed the COTPAL meeting.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.11/09 rev.1October 6-8, 2009 6 October 2009Buenos Aires, Argentina Original: Spanish

AGENDA FOR THEPERMANENT EXECUTIVE COMMITTE OF THE

TRADE UNION TECHNICAL ADVISORY COUNCIL (COSATE)

(Adopted by the meeting held October 6, 2009)

Palacio San Martín - Dining Room of the Third House

1. Report of the Chairman of COSATE

2. Remarks from the Technical Secretariat of the IACML – OAS

3. Composition and Election of the Executive Committee of COSATE

4. Considerations regarding the presentation by COSATE to the Plenary Conference

5. Other Business

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.28/09October 6-8, 2009 16 November 2009Buenos Aires, Argentina Original: Spanish

REPORT OF THE MEETING OF THEPERMANENT EXECUTIVE COMMITTEE OF THE

TRADE UNION TECHNICAL ADVISORY COUNCIL (COSATE)

The Permanent Executive Committee of the Trade Union Technical Advisory Council (COSATE) met on October 6, 2007, at 9:00 a.m., in the context of the XVI Inter-American Conference of Ministers of Labor, in Buenos Aires, Argentina. Representatives of various labor organizations attended the meeting. The Organization of American States was present in its capacity as Technical Secretariat of COSATE.

I. Statement of the Technical Secretariat of the IACML – OAS

Mr. Alfonso Quiñónez, Executive Secretary for Integral Development of the OAS, welcomed the COSATE delegates. He referred to progress over the past two years, noting that workers’ participation at the OAS had been enhanced more during this period than at any other time in the history of the Conference. Their participation was now institutionalized both by the Summits of the Americas process and by the OAS General Assembly, allowing them to influence decisions at the highest level in the region. During this period, an institutionalized dialogue had begun between workers’ representatives and foreign ministers in these forums. COSATE had also participated in all IACML and RIAL activities. He emphasized that the CSA study on COSATE represented a valuable contribution. He said the OAS supported the two requests presented by COSATE to the Conference, on changing the status of the Council to that of an advisory body and on granting the CSA the role of COSATE facilitator. Lastly, he thanked the authorities of COSATE, the CSA, and ACTRAV/ILO and reaffirmed the OAS’ commitment to continue exploring sources of financing for COSATE activities and to support its active participation in all areas of the Organization.

II. Report of the Chair of COSATE

Mr. Robert Giuseppi, Chair of COSATE, noted that over the past two years COSATE had participated in all IACML activities, including seven RIAL workshops and two working group meetings. It had also participated in the dialogues with foreign ministers at two OAS General Assembly sessions and the Fifth Summit of the Americas, and in a forum on youth and decent employment at the OAS in November 2008. He stressed that all of COSATE’s statements in those forums reaffirmed its commitment to labor principles and its firm belief that countries should work toward a form of sustainable economic development that guarantees social justice. He mentioned in particular the participation of workers at the Fifth Summit of the Americas, in Port-of-Spain, in April 2009, which he called a historic development that set the path for future dialogues in that forum; in that regard he thanked the Government of Trinidad and Tobago, especially its Ministry of Labor. He referred to the theme of this IACML and reaffirmed the message of the union sector: workers will not pay for the crisis. He also stressed the need to continue strengthening collective bargaining throughout the region. Lastly, he reaffirmed the request that the OAS allocate increased resources to

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guarantee COSATE’s participation and its ability to make greater contributions to the IACML. He thanked his COSATE colleagues, as well as the CSA, the ILO, and, in particular, the OAS, for all their support during his term as Chair. He also thanked the Government of Canada for the financial grant that had made it possible for him and other COSATE members to participate in all the activities mentioned.

III. Composition and election of the Executive Committee of COSATE

Mr. Giuseppi recognized Rafael Freire of the CSA, who thanked Alfonso Quiñónez for his comments and expressed appreciation for the OAS’ efforts and commitment to strengthening workers’ participation in its various forums. He said the CSA intended to step up its support to COSATE. He noted the important role of the OAS at this time, particularly in resolving the situation in Honduras, and applauded its decision to end the suspension of Cuba. On behalf of the CSA, he thanked all the comrades at COSATE who had actively participated over these two years and also thanked outgoing Chair Robert Giuseppi.

Mr. Freire then proposed a list of candidates to make up the Executive Committee of COSATE, which was adopted by acclamation. The resulting Committee was as follows:

Chair: Gerardo Martínez, Confederación General del Trabajo of Argentina

Vice Chairs:Salvador Medina of MexicoEulogia Familia of the Dominican Republic Stanley Gacek of the United States Robert Giuseppi of Trinidad and TobagoJulio Bazán of PeruA representative of Brazil, to be appointed by Força Sindical and the CUT (Central Única dos Trabalhadores) of Brazil

Coordinator:Hassan Yussuf of Canada

After the election, Mr. Robert Giuseppi thanked and welcomed Chair-elect Gerardo Martínez, who then presided for the remainder of the meeting.

Mr. Martínez thanked everyone for electing him and offered some thoughts on the present challenges and how they differed from those facing COSATE when he had assumed its chairmanship in 1995. At that earlier time, after the fall of the Berlin Wall and in the face of a new economic order that affected the international division of labor, the priority was to legitimize socio-labor issues in the region and within the OAS. Now, he said, COSATE should contribute to the thinking on a new world order that would bring about improved income distribution and eliminate imbalances between the developed and developing worlds, as well as within national borders. He said returning to the past was not an option; today we must forge an alliance with governments, within the OAS framework, so as to advance toward that new order. He noted that the OAS today, which he called “our OAS,” was also the OAS of workers, thanks to their stable presence and ongoing participation in the deliberations of the Organization. In addition, he said, the region had a number of governments

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with a social vision, which allowed for more constructive dialogue. He said one of the priorities in this present economic crisis was to bring about a system of basic social protections in the region; he pointed to the Global Jobs Pact and the need to translate it into action at the national level. In this context, he stressed that a great deal of work lay ahead and thanked the CSA, the OAS, and all members of COSATE for their support. In conclusion, he expressed the union sector’s absolute repudiation of the situation in Honduras and of the dictatorship which the present de facto government represented.

Mr. Alfonso Quiñónez congratulated the new Chair, Gerardo Martínez, as well as the Vice Chairs and Coordinator, on their designation, and thanked the Chair for his remarks, which he said reflected true progress in the region.

IV. Comments on the COSATE statement to be presented to the Ministers of Labor

Mr. Martínez reported that it would not be possible to arrive at a joint statement with CEATAL as in the past. Although work was under way on a joint text, and numerous points of consensus had been reached, COSATE could not agree to omitting an explicit reference to the events in Honduras. For the union movement, repudiation of the de facto government must be express and categorical in the joint statement to be adopted with CEATAL; to the latter, this was unacceptable. Therefore, this repudiation would be expressed in the COSATE statement.

Mr. Rafael Freire expressed complete agreement with what the Chair had said and reaffirmed the union sector’s commitment to dialogue and consensus-building, but noted that such dialogue could only come about in a democratic way. Therefore, the reference to Honduras could not be removed from the joint statement.

Mr. Martínez referred to the COSATE statement, which had been discussed extensively the previous day by all those present and would be presented to the XVI IACML, and requested its approval. The statement was adopted by acclamation.

Ms. Maria Claudia Camacho, OAS Labor Specialist, thanked the COSATE officials for their leadership and commitment over these two years and thanked the CSA, in particular Gonzalo Berrón, for its ongoing assistance and advice to COSATE.

Mr. Alfonso Quiñonez, OAS Executive Secretary for Integral Development, again congratulated the COSATE officials and wished them every success. He concluded by reaffirming the OAS’ commitment, at the highest level, to COSATE activities.

V. Other business

There being no further business to discuss, the meeting formally concluded at 10:30 a.m.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.12/09 rev.1October 6-8, 2009 6 October 2009Buenos Aires, Argentina Original: Spanish

AGENDA FOR THEPERMANENT EXECUTIVE COMMITTEE OF THEBUSINESS TECHNICAL ADVISORY COMMITTEE

ON LABOR MATTERS (CEATAL)

(Adopted by the meeting held October 6, 2009)

Palacio San Martín - Dining Room of the Third House

1. Approval of the Agenda

2. Remarks from the Chairman of CEATAL Mr. Daniel Funes de Rioja

3. Report from CEATAL’s Coordinator regarding CEATAL’s main activities during the XV IACML

4. Remarks from the Technical Secretariat of the IACML – OAS

5. Composition and election of the Executive Committee. Nomination and election of officers of the Executive Committee

6. Considerations of the presentation by the Chairman of CEATAL to the Plenary of the Conference

7. Other business

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.30/09October 6-8, 2009 18 November 2009Buenos Aires, Argentina Original: Spanish

REPORT OF THE MEETING OF THE PERMANENT EXECUTIVE COMMITTEE OF THE BUSINESS TECHNICAL ADVISORY

COMMITTEE ON LABOR MATTERS (CEATAL)

The Permanent Executive Committee of the Business Technical Advisory Committee on Labor Matters (CEATAL) met on October 6, 2009, at 10:30 a.m., in the framework of the XVI Inter-American Conference of Ministers of Labor. Attending the meeting were representatives of various employers’ organizations and the International Labour Organization. The Organization of American States was present in its capacity as Technical Secretariat of CEATAL.

I. Approval of the Agenda

The Chairman of CEATAL, Mr. Daniel Funes de Rioja, welcomed the delegations and introduced the agenda proposed for the meeting, which was approved and adopted in its entirety.

Mr. Funes de Rioja then recognized Mr. Alfonso Quiñónez, Executive Secretary for Integral Development of the OAS, who spoke about the importance of the theme of this XVI IACML, which concerns how to face the current economic crisis. Mr. Quiñónez said that the economy cannot be regarded as an end unto itself; hence, he said, the economy cannot recover unless jobs and employment recover. He highlighted the fact that the role that CEATAL plays in various areas of the OAS has become institutionalized and has made unprecedented progress. He encouraged CEATAL’s members to remain actively engaged.

II. Remarks by the Chairman of CEATAL

Mr. Funes de Rioja pointed out that significant headway has been made in CEATAL’s participation in the IACML and in a number of areas of the OAS. He underscored how important continued enhancement of this role was. He stressed that it was essential that CEATAL and its counterpart COSATE be elevated to the rank of permanent consultative bodies of the Conference, and said that he was pleased with the reaction from the Technical Secretariat and the officers of the IACML, which have supported the request. Mr. Funes de Rioja mentioned the need for active employment policies, devised by strong and efficient states in consultation with the social actors. He applauded the coordination between the OAS and the officers of CEATAL, and had special thanks for Maria Paz Anzorreguy, CEATAL Coordinator, and Maria Claudia Camacho, an OAS Labor Specialist, for their work over the past two years.

III. Report of the Coordinator of CEATAL on its principal activities during the XV IACML

Mrs. Maria Paz Anzorreguy, Coordinator of CEATAL, presented a detailed report on CEATAL’s activities, underscoring the fact that representatives of this Committee had participated in all activities of the IACML in the 2007-2009 period. She made specific reference to their

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participation in the seven RIAL workshops held during this period, the planning meeting held in December 2007 and the two meetings of the Working Groups. She also highlighted CEATAL’s participation in the Fifth Summit of the Americas (April, Port-of-Spain) and in the 2009 regular session of the OAS General Assembly (June, San Pedro Sula, Honduras), where CEATAL representatives shared their views with the foreign ministers of the region or their representatives, during the dialogue that the ministers had with representatives of the private sector.

IV. Comments from the Technical Secretariat of the IACML - OAS

Mrs. Maria Claudia Camacho, Labor Specialist with the OAS, thanked the Coordinator for her thorough report and drew attention to two specific points: 1) how important it was that CEATAL remain engaged in the Private Sector Forum of the Americas, which was the vehicle for its involvement in the dialogues with the foreign ministers at the Summit of the Americas and the OAS General Assembly, and 2) the duty that CEATAL has to serve as the OAS’ institutional link with the employer sector in the region, which means that it must be ready to involve itself in various OAS activities, above and beyond those mentioned at this meeting.

V. Composition and election of the Permanent Executive Committee

At the Chairman’s request, Mrs. Maria Claudia Camacho presented a proposal for the membership of the Permanent Executive Committee, which was based on prior consultations with employer organizations.

A number of comments were made concerning the proposal, basically concerning the inclusion of alternate representatives. After that, the participants elected the new officers by acclamation. The persons elected to the Permanent Executive Committee of CEATAL were as follows:

Chairman:Daniel Funes de Rioja, Unión Industrial Argentina

First Vice Chairman:Adam Green, United States Council for International Business. Alternate: Octavio Carvajal, Confederación de Cámaras Industriales de los Estados Unidos Mexicanos (CONCAMIN)

Second Vice Chairman:Dagoberto Lima Godoy, Confederação Nacional da Indústria (CNI) of Brazil. Alternate: Virgilio Mena Becerra, COPARMEX

Other members:- Brian Burkett, Canadian Employers´ Council (CEC). Alternate: John Craig, CEC - Ferdinand Welzjin, Suriname Trade and Industry Association- Juan Mailhos, Cámara Nacional de Comercio y Servicios of Uruguay. Alternate: Juan José

Fraschini, Uruguay’s Cámara de Industrias- Albis Muñoz, Federación de Cámaras y Asociaciones de Comercio y Producción

(FEDECAMARAS) of Venezuela. Alternate: Julio Cesar Barrenechea, Confederación Nacional de Instituciones Empresariales Privadas (CONFIEP) of Peru

- Alberto Echavarría, Asociación Nacional de Empresarios de Colombia (ANDI). Alternate:

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Manuel Terán, Federación Nacional de Cámaras de Industrias del Ecuador.- Aurelio Linero, Consejo Nacional de la Empresa Privada (CONEP) of Panama.

Coordinator:María Paz Anzorreguy, International Organization of Employers (IOE)

VI. Observations on the statement that CEATAL will present to the Ministers of Labor

Mr. Funes de Rioja made reference to the efforts to draft a CEATAL-COSATE joint declaration, to be presented to the ministers of labor. Efforts to draft the declaration had started some months earlier, but they did not get a prompt reply from the organized labor sector. The negotiations on this Declaration continue, although with some difficulties owing to organized labor’s insistence on including an explicit reference to the situation in Honduras. CEATAL stands by its position of not mentioning any country by name, since that might cause complications. However, it reaffirms its commitment to democratic practices, the rule of law, and republican values. The view was that issuing purely political statements was not part of CEATAL’s mandate.

A number of CEATAL representatives supported the Chairman’s position and reiterated their determination not to mention any OAS member state by name in the joint CEATAL-COSATE declaration. Some representatives were of the opinion that a specific reference to the country would be beyond CEATAL’s functions and would require much broader consultations.

As for the presentation that CEATAL will submit to the ministers at the joint meeting and in the social dialogue session, the Chairman commented that a number of CEATAL representatives might take part for the sake of a subregional representation.

VII. Other business

A number of delegates congratulated Mr. Daniel Funes de Rioja for his wise and effective leadership of CEATAL.

The Chairman adjourned the meeting at 11:45 a.m.

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.31/09October 6-8, 2009 19 November 2009Buenos Aires, Argentina Original: Spanish

REPORT OF THE JOINT MEETINGS OF THE TRADE UNION TECHNICAL ADVISORY COUNCIL (COSATE) AND THE BUSINESS TECHNICAL ADVISORY COMMITTEE ON

LABOR MATTERS (CEATAL)

The Trade Union Technical Advisory Council (COSATE) and the Business Technical Advisory Committee on Labor Matters (CEATAL) held a joint meeting at noon on October 6, 2009, within the framework of the XVI Inter-American Conference of Ministers of Labor. After that, they had a special session with the ministers of labor at 3:30 p.m.

The following is a summation of the two meetings.

I. Joint Meeting of COSATE and CEATAL

Ambassador Alfonso Quiñónez, Executive Secretary for Integral Development of the OAS, called the meeting to order. He thanked the members of COSATE and CEATAL for their presence and underscored how important the three-way social dialogue was to the Inter-American Conference of Ministers of Labor. He invited all those present to engage in a frank and constructive dialogue regarding the draft joint Declaration that they have been preparing. He then recognized the Chairmen of both bodies.

Mr. Gerardo Martínez, Chairman-elect of COSATE, reaffirmed organized labor’s commitment to dialogue and consensus-building, and pointed out that COSATE and CEATAL had drafted joint declarations on a number of occasions in the past. He observed that this time, there were various points of consensus in the joint declaration being drafted. Mr. Martinez went on to point out that for COSATE, the declaration should contain an explicit and categorical rejection of the de facto government in Honduras. He also maintained that the Declaration should express unequivocal support for democracy and make specific reference to the situation in Honduras, as this very real situation was a matter of concern to the entire Hemisphere.

Mr. Daniel Funes de Rioja, Chairman of CEATAL, said how grateful he was for this venue for dialogue and reiterated CEATAL’s willingness to continue working on the draft joint Declaration. Mr. Funes reaffirmed the business sector’s belief in and commitment to democratic practices, the rule of law and republican values. He commented that they were fully ready to endorse this kind of statement in the joint Declaration. Mr. Funes also observed that it was important that this joint Declaration, like those prepared in the past, should focus on points of consensus and omit purely political statements.

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Ambassador Quiñónez said that having heard the proceedings of COSATE and CEATAL at their respective meetings and at this joint meeting, he found many points on which the two bodies were of the same mind and that these were points that should be shared with the ministers in the form of a joint Declaration. To settle the pending issues with the draft Declaration, he suggested that COSATE and CEATAL appoint several delegates to form a small Working Group that, from now until the joint meeting with the ministers of labor, might continue to negotiate the language of the joint Declaration.

The Chairmen of COSATE and CEATAL agreed to the proposal that a small working group be created to continue the negotiations. The meeting was adjourned at 12:30 p.m.

II. Meeting of Ministers of Labor and members of COSATE and CEATAL

The Ministers of Labor met with members of COSATE and CEATAL on October 6, 2009, at 3:30 p.m.

The Chairman of the XVI IACML welcomed those present and made the point that this session was one of the most important in the Conference. He also emphasized how important it was that all actors in the real economy participate in the discussions on work and employment. He said that the challenge for everyone was to achieve economic recovery and restart the growth process without sacrificing the rights of workers and while creating more and better jobs. He then recognized the representatives of COSATE and CEATAL.

Rafael Freire, representative of the Confederación Sindical de las Américas (CSA) [Organized Labor Confederation of the Americas], expressed his appreciation for the opportunity to participate in this Conference. In his remarks, he read a number of points from the Declaration that COSATE presented to the IACML and distributed to those present. He observed that for the organized labor movement, the crisis was one of distributive justice, or a crisis of inequality. He acknowledged the significance of the measures that the G-20 had adopted to deal with the crisis in the developed countries. He observed, however, that in the developing countries the economic and social effects of the crisis were a long way from being resolved. Mr. Freire underscored the significance of the Global Jobs Pact, which named decent work as one of the pivotal factors in leading the way out of the crisis. He noted that the Global Jobs Pact had to be taken into account when adopting employment and jobs policies that move away from the neoliberal paradigm and are instrumental in building an economically, socially and environmentally sustainable development strategy. Mr. Freire also pointed out that the organized labor movement was claiming its place at the table where the plans to be adopted nationally were being mapped out. He made reference to the situation in Honduras and emphatically condemned the coup d’état against the legitimate President and against the institutions of democratic government. He applauded the fact that the Declaration and Plan of Action of Buenos Aires had emphasized the role that decent work played in dealing with the crisis. He observed, however, that the Plan of Action did not establish concrete goals to pursue and measures to be taken, which he felt might suggest that states were undertaking commitments without the capacity to implement them. He then mentioned some of the demands that COSATE made in its Declaration, having to do with participation in the Social Charter process and formalizing the relationship between the CSA and COSATE. Mr. Freire closed his remarks by expressing his hopes that efforts to create an ever more inclusive region, both socially and economically, would continue.

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Gerardo Martínez, Chairman of COSATE, underscored the opportunity and responsibility that COSATE and CEATAL had to be the voice of the social actors within the OAS. He observed that both COSATE and CEATAL had played active roles in the OAS in recent years. However, Mr. Martínez was of the view that their role needed to be further strengthened through a more permanent consultative relationship. COSATE therefore requested that its status be elevated to that of permanent consultative body, and was of the view that its new status would lend greater legitimacy to the debate within the OAS. Mr. Martínez also observed that within the Conference of Ministers of Labor, all the actors had a duty to re-create the culture of work, sustainable development and growth. Addressing the crisis, Mr. Martínez said that a new international order was needed and expressed support for the idea of taxing, inter alia, financial transactions. He also pointed to the need to discuss a basic system of social protection for the region. In closing, he observed that the crisis was an opportunity to put work squarely at the center of efforts to achieve development and social inclusiveness, and that the quality of the work had to be at the heart of any solutions being proposed to deal with the crisis.

Dagoberto Lima Godoy, Vice Chairman of CEATAL, saluted Chairman-elect Daniel Funes and expressed his appreciation for the opportunity to participate in this Conference which, he said, was the apex of labor relations in the region and an example of tripartism in action. He said that the crisis could not be overcome without development and, by extension, that development could not be achieved without labor and management participating in a system of three-party dialogue. Mr. Lima Godoy said that COSATE and CEATAL should be consultative bodies of the IACML. He underscored the fundamental role that business would play in overcoming the crisis and establishing a more stable and just world. He applauded the fact in 2007 the ILO had recognized the concept of sustainable enterprises and explained that the concept of decent work and sustainable enterprise were halves of the same whole, inextricably linked and each dependent on the other. He went on to say that the current crisis made it imperative that these concepts be absorbed into and placed squarely in the center of public policy. Mr. Lima Godoy said that the notion that conflict was inherent in the capital-labor relationship had to be abandoned. Rather than dramatize the notion of an inherent conflict, legislation ought to establish the baseline and allow labor and management to work out their differences. Finally, he mentioned the issue of Honduras, which labor brought to the table. He pointed out that CEATAL was not making any value judgments about the situation, and was not sufficiently informed to choose between the two versions; he also opined that this matter should be decided within the appropriate organs of the OAS. He asked to withdraw the CEATAL Declaration that had been circulated so that it might be reformulated. He also expressed the hope that the Working Group that was negotiating the joint Declaration would conclude its work successfully.

The Chairman of the XVI IACML inquired about the status of the joint Declaration. The Chairman of COSATE answered that a negotiating group was at work and would hopefully soon produce a result. Ambassador Quiñónez made a clarification to the effect that thus far COSATE and CEATAL had presented their individual declarations and that CEATAL’s declaration had been withdrawn for reformulation. He said that hopefully they would soon reach agreement on a joint Declaration.

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The Chairman made the point that the crisis was not yet behind us and the goal of his ministry was that the eventual economic recovery should go hand-in-hand with job creation, job recovery, and active wage policies that stimulate aggregate demand. He then asked the ministries if they had any remarks, but no one requested the floor.

Mr. Robert Giuseppi, Vice Chairman of COSATE, requested the floor and said that speaking personally, he was concerned over the crisis and its particular impact on the Caribbean. He invited the ministers of labor to work with the organized labor sector on implementing policies, plans and strategies that would forestall the situation.

As no one else requested the floor, the Chairman of the XVI IACML declared the meeting adjourned.

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APPENDIX IV – OTHER DOCUMENTS

Work Schedule for the XVI IACML

List of Documents Registered by the General Secretariat of the OAS

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XVI INTER-AMERICAN CONFERENCE OEA/Ser.K/XII.16.1OF MINISTERS OF LABOR (IACML) CIDI/TRABAJO/doc.3/09 rev.2October 6-8, 2009 7 October 2009Buenos Aires, Argentina Original: Spanish

SCHEDULE

“Facing the Crisis with Development, Decent Work and Social Protection”

(Approved at the first plenary session held on October 6, 2009)

Palacio San Martín

Monday, October 5

15:00 - 18:00 Registration of DelegationsVenue: First floor – Palacio San Martin

Tuesday, October 6

8:00 - 18:00 Registration of DelegationsVenue: First floor – Palacio San Martin

9:00 – 13:30 PARALLEL MEETINGS OF ADVISORY BODIES

9:00 – 13:00 Meeting of the Technical Permanent Commission for Labor Issues – COTPAL – For representatives of the Ministries of LaborLibertador Room

9:00 - 10:30 Meeting of the Trade Union Technical Advisory Council – COSATE Dining Room of the Third House

10:30 - 12:00 Meeting of the Business Technical Advisory Committee on Labor Matters – CEATALDining Room of the Third House

12:00 - 13:30 Joint Meeting of COSATE and CEATALDining Room of the Third House

13:30 - 15:00 Lunch

15:00 – 15:30 PREPARATORY SESSION FOR MINISTERS ONLY (art. 31 of the Rules of Procedure) Libertador Room

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a. Establishment of the order of precedence;b. Decision on rules of procedure;c. Decision on election of the Chairman of the Conference;d. Decision on the agenda;e. Decision on the Committee on Credentials and the Style Committee;f. Decision on the working method and the makeup of working groups;g. Deadline for the presentation of proposals;h. Consideration of the distribution of documents by working groups and of

the drafts that are not clearly related to the topics of the agenda;i. Decision on the approximate duration of the Conference, andj. Other business.

15:30 - 17:00 MEETING OF THE MINISTERS OF LABOR WITH THE MEMBERS OF COSATE AND CEATAL Libertador Room

18:00 - 19:30 INAUGURAL SESSION Libertador Room

Remarks by:- Jorge Taiana, Minister of External Relations, International Trade and

Religion of Argentina- Roslyn Khan-Cummings, Permanent Secretary of the Ministry of Labor

and Small and Micro Enterprise Development of Trinidad and Tobago, Chair of the XV IACML

- Juan Somavía, Director General of the International Labor Organization - Alfonso Quiñónez, Executive Secretary, Executive Secretariat for

Integral Development, OAS- Carlos Alfonso Tomada, Minister of Labor, Employment and Social

Security of the Republic of Argentina

19:30 Cocktail Reception offered by the Hon. Minister of Labor, Employment and Social Security of Argentina to Ministers and DelegationsMirrors Hall – Palacio San Martin

Wednesday, October 7

9:00 – 9:30 FIRST PLENARY SESSION - Follow-up Reports

Ratification of the agreements adopted during the Preparatory Session Report of the OAS, on the follow-up of the Plan of Action of the XV

IACML, by Francisco Pilotti, Director of the Department of Social Development and Employment, SEDI

Report of the ILO, by Jean Maninat, Regional Director for Latin America and the Caribbean

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9:30 – 13:00 SECOND PLENARY SESSION - Coordination of policies and programs for promoting employment: a guiding framework in facing the crisis

9:30 – 10:30 Presentations from authorities of the economic and social development sectors Debora Giorgi, Minister of Industry of Argentina Alan Krueger, Assistant Secretary for Economic Policy and Chief

Economist, United States Department of The Treasury Antonio Henrique Silveira, Secretary for Economic Monitoring of the

Ministry of Finance of Brazil Juan Mauricio Ramírez, Deputy Director of the National Department of

Planning of Colombia, Chair of the Inter-American Committee of Social Development (CIDES)

10:30 – 10:45 Coffee Break

10:45 – 11:30 Presentations from Ministers of Labor Hilda Solis, Secretary of Labor of the United States André Figueiredo Lima, Vice Minister of Labor and Employment of

Brazil Carlos Alfonso Tomada, Minister of Labor, Employment and Social

Security of Argentina 11:30 – 13:00 Inter-ministerial Dialogue

13:00 – 13:15 Group Picture of Ministers and Heads of Delegation - Palace’s Hall Entrance stairs

13:15 - 15:30 Luncheon for Ministers and Heads of Delegation hosted by the Honorable Minister of Labor, Employment and Social Security of ArgentinaGolden Room – Palacio San Martin

13:00 – 15:30 Luncheon for Delegations offered by the Ministry of Labor, Employment and Social Security of ArgentinaMirrors Hall – Palacio San Martin

15:30 – 18:00 THIRD PLENARY SESSION - The role of Ministries of Labor in addressing the crisis

15:30 – 16:30 Introductory Presentations: Claudia Serrano, Minister of Labor and Social Welfare of Chile Daniel Ludlow Kuri, Chief of the International Affairs Unit, Ministry of

Labor and Social Welfare of Mexico Andrew Gallimore, Minister of State of the Ministry of Labor and

Social Security of Jamaica Alejandro Boscán, General Director of Employment, Ministry of Labor

and Social Security of Venezuela Cristina Fernández de Kirchner, President of the Republic of Argentina

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16:30 – 18:00 Ministerial Dialogue

Thursday, October 8

9:00 – 11:00 FOURTH PLENARY SESSION - Encouraging social dialogue and collective bargaining

9:00 – 10:00 Introductory Presentations: Héléne Gosselin, Deputy Minister of Labour of Canada Julio Baraibar, Minister of Labor and Social Security of Uruguay Max Puig, Minister of Labor of the Dominican Republic Remarks by the Chair of COSATE Remarks by the Chair of CEATAL

10:00 – 11:00 Ministerial Dialogue

11:00 – 11:30 Coffee Break

11:30 – 13:30 FIFTH PLENARY SESSION – Strengthening social protection in the crisis

11:30 – 12:30 Introductory Presentations: Alma Cortés Aguilar, Minister of Labor and Labor Development of

Panama Richard Espinosa, Minister of Labor Relations of Ecuador Roslyn Khan-Cummings, Permanent Secretary of the Ministry of Labor

and Small and Micro Enterprise Development of Trinidad and Tobago

12:30 – 13:30 Ministerial Dialogue

13:30 – 15:00 Lunch

15:00 – 16:00 CLOSING SESSION

Election of the Chair pro tempore of the XVII IACML Remarks by the Chair pro tempore of the XVII IACML Adoption of the Declaration and Plan of Action of Buenos Aires Closing Remarks by Hon. Carlos A. Tomada, Minister of Labour,

Employment and Social Security of the Republic of Argentina

16:15 -16:45 Press Conference offered by the Ministers that lead the IACML and the OAS - Chairs of the XV (Trinidad and Tobago), XVI (Argentina) and XVII (t.b.d) IACML, and Presidents of Working Group 1 and Working Group 2

19:30 Dinner for Ministers and Heads of Delegation hosted by the Honorable Minister of Labor, Employment and Social Security of Argentina

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LIST OF DOCUMENTS REGISTERED BY THE GENERAL SECRETARIAT

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DOCUMENTS Title

CIDI/TRABAJO/doc.1/09CIDI02695

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List of the documents registered by the General Secretariat

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02695S02.doc

CIDI/TRABAJO/doc.2/09CIDI02696

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Proyecto de Temario de la XV Conferencia Interamericana de Ministros de Trabajo

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02696S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02696E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02696F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02696P02.doc

CIDI/TRABAJO/doc.3/09 rev.2 CIDI02749

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Work Schedule of the XVI Inter-American Conference of Ministers of Labor

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02749S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02749E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02749F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02749P02.doc

CIDI/TRABAJO/doc.5/09 rev. 1 corr. 1CIDI02750

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Plan of Action of Buenos Aires

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02750S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02750E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02750F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02750P02.doc

CIDI/TRABAJO/doc.6/09 rev. 1CIDI02789

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Rules of Procedure of the Inter-American Conference of Ministers of Labor

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02789S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02789E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02789F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02789P02.doc

CIDI/TRABAJO/doc.7/09CIDI02701

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Final Report of Working Group 1

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02701S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02701E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02701F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02701P02.doc

CIDI/TRABAJO/doc.8/09CIDI02702

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Final Report of Working Group 2

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02702S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02702E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02702F02.doc

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Português http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02702P02.doc

CIDI/TRABAJO/doc.9/09CIDI02703

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Report of the Technical Secretariat to the XVI Inter-American Conference of Ministers of Labor

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CIDI/TRABAJO/doc.10/09 rev.1CIDI02751

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Agenda for the Meeting of the Technical Permanent Commission on Labor Matters (COTPAL)

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CIDI/TRABAJO/doc.11/09 rev.1CIDI02752

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Agenda for the Permanent Executive Committe of the Trade Union Technical Advisory Council (COSATE)

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CIDI/TRABAJO/doc.12/09 rev.1CIDI0275

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Agenda for the Permanent Executive Commitee of the Business Technical Advisory Commitee on Labor Matters (CEATAL)

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CIDI/TRABAJO/doc.13/09 rev.1CIDI02754

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Agenda for the Joint Meeting of COSATE and CEATAL

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CIDI/TRABAJO/doc.14/09 rev.1CIDI02755

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Agenda for the Meeting of Ministers of Labor with members of COSATE y CEATAL

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CIDI/TRABAJO/doc.15/09 rev.1 Organization Plan of the Permanent Technical Committee on Labor

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CIDI02785

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Matters (COTPAL)

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CIDI/TRABAJO/doc.16/09 rev.1CIDI02786

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Organization Plan of the Permanent Executive Committe of the Trade Union Technical Advisory Council (COSATE)

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CIDI/TRABAJO/doc.17/09 rev.1CIDI02787

Español English

Organization Plan of the Permanent Executive Commitee of the Business Technical Advisory Commitee on Labor Matters (CEATAL)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02787S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02787E02.doc

CIDI/TRABAJO/doc.18/09CIDI02712

Español English Français Português

Responsibilities of the authorities of the IACML

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02712S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02712E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02712F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02712P02.doc

CIDI/TRABAJO/doc.20/09 rev.2CIDI02748

Textual

Final List of Participants of the XVI IACML

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02748t02.doc

CIDI/TRABAJO/doc.25/09CIDI02727

Español English Français Português

Draft Joint CEATAL and COSATE Declaration

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02727S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02727E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02727F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02727P02.doc

CIDI/TRABAJO/doc.26/09 rev. 2CIDI02735

Español English Français Português

Declaration of CEATAL

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02735S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02735E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02735F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02735P02.doc

CIDI/TRABAJO/doc.27/09CIDI02730

Español English Français

Declaration of COSATE to the Inter-American Conference of Ministers of Labor (IACML)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02730S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02730E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02730F02.doc

116

Português http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02730P02.doc

CIDI/TRABAJO/doc.27/09 rev. 1 corr. 1CIDI02736

Español

Declaration of COSATE to the Inter-American Conference of Ministers of Labor (CIMT)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02736S02.doc

CIDI/TRABAJO/doc.28/09CIDI02804

Español English Français Português

Report of the Meeting of the Permanent Executive Committe of the Trade Union Technical Advisory Council (COSATE)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02804S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02804E06.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02804F06.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02804P06.doc

CIDI/TRABAJO/doc.29/09CIDI02805

Español English Français Português

Report of the Meeting of the Permanent Technical Committee on Labor Matters (COTPAL)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02805S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02805E06.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02805F08.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02805P06.doc

CIDI/TRABAJO/doc.30/09CIDI02812

Español English Français Português

Report of the Meeting of the Business Technical Advisory Commitee on Labor Matters (CEATAL)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02812S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02812E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02812F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02812P02.doc

CIDI/TRABAJO/doc.31/09CIDI02813

Español English Français Português

Report of the Joint Meetings of the Permanent Executive Committe of the Trade Union Technical Advisory Council (COSATE) and the Business Technical Advisory Commitee on Labor Matters (CEATAL)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02813S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02813E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02813F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02813P02.doc

CIDI/TRABAJO/doc.32/09CIDI02819

Español English Français Português

Final Report of the XVI Inter-American Conference of Ministers of Labor of the Organization of American States

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02819S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02819E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02819302.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02819P02.doc

117

DECLARATION Title

CIDI/TRABAJO/DEC.1/09 (XVI-O/09)CIDI02741

Español English Français Português

Declaration of Buenos Aires

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02741S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02741E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02741F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02741P02.doc

RESOLUTIONS Title

CIDI/TRABAJO/RES.1/09 (XVI-O/09)CIDI02737

Español English Français Português

Modify the status of COSATE, CEATAL and COTPAL in the IACML

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02737S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02737E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02737F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02737P02.doc

CIDI/TRABAJO/RES.2/09 (XVI-O/09)CIDI02738

Español English Français Português

Amendment of the Organization Plan of the Trade Union Technical Advisory Council

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02738S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02738E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02738F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02738P02.doc

CIDI/TRABAJO/RES.3/09 (XVI-O/09)CIDI02739

Español English Français Português

Contribution of the XVI IACML to the G-20 process

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02739S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02739E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02739F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02739P02.do c

CIDI/TRABAJO/RES.4/09 (XVI-O/09)CIDI02740

Español English Français Português

Vote of thanks to the People and Government of Argentina

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02740S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02740E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02740F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02740P02.doc

INFORMATIVES Title

CIDI/TRABAJO/INF.1/09CIDI02718

Español English

Communications based on the request by COSATE and CEATAL for the changes to their status in the IACML

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02718S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02718E02.doc

118

document.doc

CIDI/TRABAJO/INF.2/09CIDI02723

Español English

The Institutionalization of a Gender Approach in the Ministries of Labor of the Americas

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02723S03.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02723E03.doc

CIDI/TRABAJO/INF.3/09CIDI02724

Español English

Joint ILO-OAS Measures September 2009

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02724S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02724E02.doc

CIDI/TRABAJO/INF.4/09CIDI02725

Español English Français Português

Request from COSATE to the XVI IACML regarding amendment of COSATE’s Organization Plan

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02725S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02725E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02725F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02725P02.doc

CIDI/TRABAJO/INF.5/09CIDI02733

English

Note from the Executive Committee of the Inter-American Commission of Women (CIM) of the Organization of American States to the XVI Inter-American Conference of Ministers of Labor

http://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02733E02.doc

CIDI/TRABAJO/INF.6/09CIDI02734

Español English Français Português

Welcoming Remarks of Ambassador Alfonso Quiñónez, Executive Secretary for Integral Development, in representation of the Secretary General of the Organization of American States

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02734S02.dochttp://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02734E02.dochttp://scm.oas.org/doc_public/FRENCH/Hist_09/cidi02734F02.doc http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02734P02.doc

CIDI/TRABAJO/INF.7/09CIDI02769

Español

Palabras del señor Jorge Taiana, Ministro de Relaciones Exteriores, Comercio Internacional y Culto de Argentina

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02769S02.doc

CIDI/TRABAJO/INF.8/09CIDI02770

Español

Palabras del Señor Carlos Alfonso Tomada, Ministro de Trabajo, Empleo y Seguridad Social de la República Argentina en la XVI Conferencia Interamericana de Ministros De Trabajo (CIMT)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02770S02.doc

CIDI/TRABAJO/INF.9/09CIDI02771

Remarks by Mrs. Roslyn Khan-Cummings, Permanent Secretary of the Ministry of Labor and Small and Micro Enterprise Development of Trinidad and Tobago, Chair of the XV IACML

119

English http://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02771E02.doc

CIDI/TRABAJO/INF.10/09CIDI02772

English

Presentation by Mr. Alan b. Kruegerist, Assistant Secretary For Economic Policy and Chief Economist, United States Department of the Treasury

http://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02772E02.doc

CIDI/TRABAJO/INF.11/09CIDI02773

Español

Presentación del Señor Juan Mauricio Ramírez, Subdirector del Departamento Nacional de Plantación de Colombia, Presidente de la Comisión Interamericana de Desarrollo Social (CIDES)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02773S02.doc

CIDI/TRABAJO/INF.12/09CIDI02774

Español

Palabras del Señor André Figueiredo Lima, Viceministro de Trabajo y Empleo De Brasil

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02774S02.doc

CIDI/TRABAJO/INF.13/09CIDI02775

Español

Presentación de la Señora Claudia Serrano, Ministra del Trabajo y Previsión Social de Chile

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02775S02.doc

CIDI/TRABAJO/INF.14/09CIDI02776

Español

Presentación Del Señor Daniel Ludlow Kuri, Jefe de la Unidad de Asuntos Internacionales, Secretaría del Trabajo y Previsión Social de México

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02776S02.doc

CIDI/TRABAJO/INF.15/09CIDI02777

English

Presentation by Mr. Andrew Gallimore, Minister of State of the Ministry of Labor and Social Security of Jamaica

http://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02777E02.doc

CIDI/TRABAJO/INF.16/09CIDI02778

Español

Presentación Del Señor Alejandro Boscán, Director General de Empleo, Ministerio del Poder Popular para el Trabajo y la Seguridad Social de Venezuela

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02778S02.doc

CIDI/TRABAJO/INF.17/09CIDI02779

Español

Presentación del Señor Julio Baraibar, Ministro de Trabajo y Seguridad Social de Uruguay

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02779S02.doc

CIDI/TRABAJO/INF.18/09CIDI02780

Presentación del Señor Max Puig, Secretario de Estado de Trabajo de República Dominicana

120

Español http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02780S02.doc

CIDI/TRABAJO/INF.19/09CIDI02781

Español

Presentación de la Señora Alma Cortés Aguilar, Ministra de Trabajo y Desarrollo Laboral de Panamá

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02781S02.doc

CIDI/TRABAJO/INF.20/09CIDI02782

Español

Presentación del señor Richard Espinosa, Ministra de Relaciones Laborales del Ecuador

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02782S02.doc

CIDI/TRABAJO/INF.21/09CIDI02784

Español

Palabras del Señor Juan Somavía, Director General de la Organización Internacional del Trabajo (OIT)

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02784S02.doc

CIDI/TRABAJO/INF.22/09CIDI02788

English

Presentation by Mrs. Roslyn Khan-Cummings, Permanent Secretary of the Ministry Of Labor and Small and Micro Enterprise Development of Trinidad and Tobago, Chair of the XV IACML

http://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02788E02.doc

CIDI/TRABAJO/INF.23/09CIDI02791

Español

Palabras de la Señora Cristina Fernández de Kirchner, Presidenta de la República argentina

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02791S02.doc

CIDI/TRABAJO/INF.24/09CIDI02792

Português

Apresentação Elaborada Por Antonio Henrique Silveira Secretário de Acompanhamento Econômico Ministério Da Fazenda Brasil

http://scm.oas.org/doc_public/PORTUGUESE/Hist_09/cidi02792P02.doc

CIDI/TRABAJO/INF.25/09CIDI02797

English

Presentation By Ms Hilda Solis, Secretary of Labor of The United States

http://scm.oas.org/doc_public/ENGLISH/Hist_09/cidi02797E02.doc

CIDI/TRABAJO/INF.26/09CIDI02798

Español

Presentación del Señor Carlos A. Tomada, Ministra de Trabajo, Empleo y Seguridad Social de Argentina

http://scm.oas.org/doc_public/SPANISH/Hist_09/cidi02798S02.doc

121