XV INTER-AMERICAN CONFERENCEOEA/Ser.K/XII.15.1

OF MINISTERS OF LABOR TRABAJO/doc.26/07

September 11-13, 200727 October 2007

Port of Spain, Trinidad & TobagoOriginal: Spanish

FINAL REPORT

XV Inter-American Conference of Ministers of Labor of the Organization of American States

CONTENTS

I.BACKGROUND…...... 1

II. PROCEEDINGS ……………………...... 1

A. Preparatory Meeting...... 1

B.Inaugural Session...... 3

C.First Plenary Session…...... 5

D. Second Plenary Session...... 7

E. Third Plenary Session…...... 9

F. Fourth Plenary Session...... 10

G. Fifth Plenary Session...... 13

H. Sixth Plenary Session...... 15

I.Closing Session…...... 17

APPENDICES

APPENDIX I – RESOLUTIONS

Declaration of Port of Spain 2007 ...... 21

Plan of Action of Port of Spain 2007...... 29

Resolution - Vote of Thanks to the People and Government of Trinidad

and Tobago…………………...... …..35

Joint CEATAL-COSATE Declaration ………...... 37

APPENDIX II – REPORTS PRESENTED TO THE CONFERENCE

Final Report Working Group 1…………...... 41

Final Report Working Group 2…………...... 47

Report of the Technical Secretariat to the XV Inter-American Conference of Ministers

of Labor …...... 59

APPENDIX III – ADVISORY BODIES MEETINGS

Agenda for the Meeting of the Technical Permanent Commission on Labor Matters (COTPAL) …………...... 73

Report of the Meeting of the Permanent Technical Committee on Labor Matters (COTPAL)...... 75

Agenda for the Permanent Executive Committee of the Trade Union Technical

Advisory Council (COSATE) ……...... 81

Report of the Meeting of the Permanent Executive Committee of the Trade Union

Technical Advisory Council (COSATE)...... 83

Agenda for the Permanent Executive Committee of the Business Technical

Advisory Committee on Labor Matters (CEATAL) ………………………...... 87

Report of the Meeting of the Executive Committee of the Business Technical

Advisory Committee on Labor Matters (CEATAL)...... 89

Report on the Joint Meetings of the Trade Union Technical Advisory Council

(COSATE) and the Business Technical Advisory Committee on Labor Matters (CEATAL)…………...... 93

APPENDIX IV – OTHER DOCUMENTS

Work Schedule for the XV IACML…...... 99

List of Participants…………………………………...………...... 105

List of Documents Registered by the General Secretariat...... 121

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FINAL REPORT

XV INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR

OF THE ORGANIZATION OF AMERICAN STATES

I. Background

The 15th Inter-American Conference of Ministers of Labor of the OAS (IACML) was held from September 11 to 13, 2007 in Port of Spain, Trinidad and Tobago. Prior to the Conference, two preparatory meetings were held, in San Jose, Costa Rica on May 11, 2007, and in Port of Spain, Trinidad and Tobago on July 11 - 13 2007. In addition, the IACML Virtual Forum was launched between May and July 2007 to move forward the negotiation of drafts for the Declaration and Plan of Action for this conference.

II. Proceedings of the Conference:

During the Conference, pursuant to Article 30 of the Rules of Procedure, ministers held a preparatory meeting, an inaugural session, six plenary sessions, and a closing session, as detailed below. Annex IV to this report includes the Work Schedule for the 15th IACML, and the list of documents used at the Conference.

A. Preparatory meeting

Pursuant to Article 31 of the Conference's Rules of Procedure, the heads of delegation held a preparatory meeting on September 11, at 3:30 p.m. The Honorable Javier Lozano Alarcon, Secretary of Labor and Social Welfare of Mexico, chaired the session, in accordance with Article 13 of the Rules of Procedure.

The following matters were considered:

i. Establishment of the order of precedence

The Chair reported that the Permanent Executive Commission of the Inter-American Council for Integral Development (CEPCIDI) had drawn lots for the order of precedence for the Conference at its 134th regular session in Washington on 27 July 2007, and that Trinidad and Tobago was selected. In accordance with the Rules of Procedure, the remaining delegations would follow in the Spanish alphabetical order.

ii. Decision on Rules of Procedure:

The Chair presented for consideration the Draft Rules of Procedure of the IACML, Working Document TRABAJO/doc.6/07, which was approved by the delegations.

iii. Decision on election of the Chairman of the Conference

The Minister of Labour of Bahamas, the Honorable Dion A Foulkes, nominated the Honorable Danny Montano, Minister of Labour and Small and Micro Business Development of Trinidad And Tobago, as Chairman of the 15th IACML; the Minister of Labor of Panama, the Honorable Edwin Salamín, and the Vice Minister of Labor of El Salvador, the Honorable Carmen Elisa Sosa de Callejas, seconded the motion and the Chairman was elected by acclamation. Pursuant to Article 11 of the Rules of Procedure, the heads of the other

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delegations were declared as ex officio vice chairs, to replace the Chairman in the event of his absence or incapacity, according to the established order of precedence.

Minister Montano assumed the Chairmanship of the 15th IACML, thanking his predecessor, Secretary Lozano Alarcón of Mexico, as well as the heads of delegation of Bahamas, Panama and El Salvador, for nominating him. He expressed his condolences to the delegation of St. Lucia for the death of that country's Prime Minister, Sir John Compton, and declared his solidarity with the peoples of Honduras and Nicaragua for the devastating consequences of the recent hurricanes. He reported that, because of his senatorial duties and the current circumstances in Congress, he would be unable to participate in the opening ceremony of the 15th IACML, and asked delegations for their understanding. He also thanked delegates for their vote of confidence in electing him Chairman of the 15th IACML.

iv. Decision on the agenda and the work schedule

The draft agenda and work schedule were approved and adopted by the Conference, as presented to delegations.

v. Decision on the Style Committee

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

vi. Decision on the working method and the makeup of working groups

Pursuant to Article 24 of the Rules of Procedure, and in line with the decisions taken at the COTPAL meeting of September 11, 2007, the Chair proposed that Working Group 1 on "Decent work as an instrument for development and democracy in the context of globalization" should be chaired by Brazil, with the United States and Guyana as vice chairs, and that Working Group 2 on "Strengthening the capacities of the ministries of labor to respond to the challenges of promoting decent work in the context of globalization" should be chaired by El Salvador, with Canada and Uruguay as vice chairs. Delegates approved, and the bureaus of the working groups were established.

The Chair proposed that, as in previous conferences, the 15th IACML should deal with its matters in plenary sessions. Delegates approved this proposal

vii. Deadline for the presentation of proposals

Pursuant to Article 38 of the Rules of Procedure, the Chair proposed that all proposals should be presented to the OAS Secretariat 24 hours in advance of their discussion, and he set a deadline of 6 p.m. on September 11, 2007 for such presentation. Delegates approved the proposed deadline.

viii. Consideration of documents from the working groups

The Chair officially presented the final reports of Working Groups 1 and 2 to delegations, and thanked the delegations of Argentina (Chair of WG 1), Chile and Costa Rica (Vice Chairs of WG 1) El Salvador (Chair of WG 2), the United States and Uruguay (Vice Chairs of WG 2) for preparing these reports and for presiding over the working groups in the context of the 14th IACML. The final reports received by the IACML are included in this Final Act as Annex II, pursuant to Article 26 of the Rules of Procedure.

ix. Decision on the approximate duration of the Conference

The Chair suggested that the 15th IACML should finish on September 13, 2007 at 3 p.m.. Delegates agreed and it was so decided.

x. Other business

The Chair noted the logo of the 15th IACML, prepared by his ministry, which makes allusion to hemispheric cooperation and social dialogue, while recalling the need to maintain a spirit of collaboration and harmony in the tripartite dialogue that governments, workers and employers are pursuing.

The Minister of Labor of Panama, the Honorable Edwin Salamín, noting that the 16th IACML would be held in Argentina, declared that Panama wished to offer itself as the site for the 17th IACML, reflecting its commitment to continue working for labor cooperation in the hemisphere.

The Chair thanked the delegation of Panama for this offer, and noted that it would be recorded in the report on the Conference, and considered at the appropriate time.

The Chair declared the Preparatory Meeting closed.

B. Inaugural Session: Inauguration of the 15th IACML

The inaugural session was held on September 11, beginning at 6 p.m. Mr. Carl Francis, Permanent Secretary of the Ministry of Labor and Micro and Small Business Development of Trinidad and Tobago, welcomed delegations on behalf of Minister Danny Montano, who was unable to be present because of his responsibilities as Senator. Mr. Francis noted that the theme of the 15th IACML, "Making decent work central to social and economic development", continues to make progress in hemispheric and international efforts to place people and their work at the center of globalization, and that it is woven into the draft 2007 Declaration and Plan of Action of Port of Spain. There are many challenges facing Ministers of Labor in this "Decade of Decent Work", he said, and mentioned in particular those to be examined in detail during the 15th IACML. In closing, he thanked delegations and the Technical Secretariat for the commitment shown in preparations for the Conference, and he looked forward to working further with them to fulfill the mandates of the 15th IACML.

Next, Dr. José Miguel Insulza, Secretary General of the Organization of American States, cited the encouraging progress that has been made in terms of economic growth, reducing poverty, and consolidating democracy in the region in recent years, but he called attention to the unacceptable levels of inequality and discrimination that afflict the region. Only with democracy, he said, can solutions be sought to these complex problems, and we must move to what he called social citizenship of the kind that, through social dialogue, can support a joint quest for cohesion and equity. He recognized that the concept of decent work is central to social citizenship, and the beauty of that concept is that its integral approach reaffirms the dignity of individuals. He urged the IACML to examine progress with the recommendations from the Fourth Summit of the Americas, which set out the challenges and priorities for the region in the labor field. He hailed the progress made since the 14th IACML, in particular the implementation of its cooperation mechanism, the Inter-American Network for Labor Administration (INLA), which has demonstrated its vital potential. Finally, he expressed the hope that the Conference would be successful in achieving its objectives, and that its deliberations would bear much fruit for the workers of the Americas.

Dr. Juan Somavia, Director General of the International Labour Organization (ILO), paid tribute to Trinidad and Tobago's "Vision 2020", which recognizes the decisive contribution of decent work to the objectives of development, and noted that the concept has taken root in the regional integration of the Caribbean. He described the close cooperation that exists between the OAS and the ILO, and its recent reinforcement, as reflected in the work of the IACML and of the Summit of the Americas. He cited the Hemispheric Agenda for Decent Work, adopted in 2006, and the importance of decent work country programs as a means for implementing its recommendations. He pointed to the significant economic and democratic progress that has been made in the region, but recognized that significant challenges lie ahead, identifying five areas in which greater efforts are needed: to reverse imbalances between State, market and society, today tilted in favor of the market; to consolidate a social protection floor below which no citizen should be allowed to fall; to find new and more effective ways of fighting unemployment and precarious employment among young people; to address the employment challenges of climate change; and to overcome the shortage of political dialogue, effective social dialogue, and tripartite dialogue. Finally, he welcomed the participation of workers and employers in OAS activities, saying that the Decent Work Program that is being built, in this conference and elsewhere, is a tripartite and balanced effort to help regenerate the process of reflection and political practice, given the loss of relevance and legitimacy of the economic and social policies implanted in the early 1980s.

The Honorable Javier Lozano Alarcón, Secretary of Labor and Social Welfare of Mexico and Chair pro-tem of the 15th IACML, stressed the need to avoid complacency with recent economic achievements, and to address the enormous challenges relating to poverty, inequality, the informal economy, precarious work and unemployment, which are still at unacceptable levels. He welcomed the thinking, discussion and commitment of the IACML, the OAS and the ILO with respect to decent work, a concept that embraces respect for human dignity, equal opportunities for personal and family development, the elimination of child exploitation, labor union freedom and autonomy, a reciprocal relationship for workers with the work place, and labor peace, among other fundamental aspects. The Mexican government is making decent work part of its commitment to sustainable human development, which demands full social and environmental awareness on the part of the factors of production, civil society, and government. Decent work must be part of a virtuous circle of growth, investment, training and increased productivity. In this context, he said, it is essential to formalize the tripartite social dialogue in the adoption of public policies and the management of social welfare institutions. The phenomenon of migration is a natural consequence of growing cultural and commercial exchange, and to place unilateral barriers in the way of migration is to ignore the broader dimension of regional integration and the importance of migratory flows for the economic, political and social stability of our countries. Finally, he reiterated Mexico's commitment to move toward development, prosperity and democratic participation for all countries of the hemisphere.

The Honorable Fitzgerald Hinds, Minister of National Security of Trinidad and Tobago, welcomed delegations on behalf of the Chair pro tem of the 15th IACML, saying that it was a privilege for his country to host this conference, which is not only the first IACML to be held in the English-speaking Caribbean but also the first in follow-up to the mandates from the Fourth Summit of the Americas. His government, he said, and the entire Caribbean are committed to promoting decent work, recognizing this as the most effective means for escaping from poverty. On this point, he mentioned the Tripartite Caribbean Employment Forum held in Barbados in 2006, which decided to work for implementation of national decent work programs. Incorporating decent work into national policies is a prerequisite for achieving that goal, and is part of his country's long-term development strategy, Vision 2020. He described the major advances his government has made in modernizing labor legislation, particularly in terms of occupational safety and health. Finally, he mentioned the many opportunities and challenges facing the CARICOM Single Market and Economy, relating to migration, human development, social protection, harmonization of labor legislation, and strengthening labor ministries, noting that the Declaration and Plan of Action of Port of Spain, which the 15th IACML will be asked to approve, makes valuable contributions to addressing these challenges

OAS Secretary General Insulza and ILO Director General Somavia then signed a memorandum of understanding, in the presence of all delegates, to foster closer cooperation between the two institutions, particularly in incorporating the gender perspective into the policies, programs and institutional activities of labor ministries and the IACML advisory bodies.

C. First Plenary Session: Follow-up reports

The First Plenary Session was held on September 12 at 9 a.m. The Honorable Danny Montano, Minister of Labour and Micro and Small Business Development of Trinidad and Tobago and Chairman of the 15th IACML, opened the session and put to delegates for consideration the agreements reached during the preparatory meeting, which were ratified in full. He then gave the floor to a series of speakers to present their follow-up reports.

Dr. Francisco Pilotti, Director of the OAS Department of Social Development and Employment, reviewed the progress made by the IACML in the last two years, with respect both to the mandates from the 14 IACML and those from the Fourth Summit of the Americas, which are contained in Annex II to this report. A fundamental achievement was the creation of the Inter-American Network for Labor Administration (RIAL), in order to strengthen the capacities of labor ministries through cooperation. In just one year of operations, the RIAL has significant results to show, with the holding of five hemispheric workshops, a number of bilateral cooperation activities, and preparation of a technical study on gender equity. Each of these activities, which covered such issues as occupational health and safety issues, the rights of migrant workers, employment services and gender equity, has contributed to progress under the mandates from the IACML and the Summit of the Americas. Other significant steps have been the strengthening of the working groups, the consolidation of tripartite dialogue on IACML activities, coordination with other international agencies, in particular ILO, PAHO and CARICOM, and the development of planning and information mechanisms.

Mr. Jean Maninat, ILO Regional Director for Latin America and the Caribbean, discussed the assistance his organization has provided to the IACML and RIAL working groups, in particular with the analysis of various issues such as policy articulation, the labor rights of migrant workers, the development of national decent work programs, and occupational health and safety. The results of the Fourth Summit of the Americas had an impact on planning for the 16th Regional American Meeting of the ILO, he said, and the Hemispheric Agenda for Decent Work approved at that meeting responds to several of those mandates. He mentioned the basic objectives of that agenda, which contain 11 areas for concrete action, with time bound frameworks and measurable indicators for addressing the most important labor challenges in the region. To anchor the agenda, reports are being produced on each area, and a report on best practices and recommendations in youth employment was recently launched. Finally, he noted the ILO's support for COSATE and CEATE in preparation for their participation in this conference.