A Capacity Building for Members of Youth Committees on the Youth Emploment Crisis Social Dialogue: A Vital Tool for Achieving Decent Work for Youth Social Dialogue: A Vital Tool for Achieving Decent Work for Youth

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

Strategic Objectives of the DWA

Continues… Promote Decent Employment Opportunities Promote Decent Employment Opportunities Promote and Protect Rights at Work Promote and Protect Rights at Work Enhance Social Protection Enhance Social Protection Strengthen Social Dialogue in handling work- related issues Strengthen Social Dialogue in handling work- related issues *Social Dialogue is both a Means and an Objective. and an Objective. D S I OA CL I O AG LU E

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

Continues…

Continues… 1 Information 2 Consultation 3 Negotiation

INFORMATION INFORMATION X Y CONSULTATION CONSULTATION X Y NEGOTIATION NEGOTIATION X Y

Continues…

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

How The ILO Promotes Social Dialogue The ILO promotes national social dialogue through: The ILO promotes national social dialogue through: - International Labour Standards - International Labour Standards -Technical Cooperation -Technical Cooperation -Technical Assistance/Policy Advice -Technical Assistance/Policy Advice  Social Dialogue is premised on strong tripartite organizations  Sustained High Level Dialogue  ILO, Pace Setter and Example of Tripartite Deliberations  Resolution on Tripartism and Social Dialogue:  Valuable and Democratic Means  Collaboration among Government & Social Partners  Modern and Dynamic Process  Government to Ensure Preconditions to Social Dialogue

TYPOLOGY OF SOCIAL DIALOGUE

CYCLE OF SOCIAL DIALOGUE

Actors Governments Governments Workers Workers Employers Employers Civil society (Tripartism +) Civil society (Tripartism +)

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

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

Levels of Social Dialogue International International Regional Regional National National Sector/Branch Sector/Branch Enterprise Enterprise

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

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

Continues… International, Regional and Sub-regional TU Organizations in Africa: o ITUC – International Trade Union Confederation with 174 million workers in 156 countries and territories and has 315 national affilaites o ITUC-Africa - International Trade Union Confederation – African Regional Organization o OATUU - Organization of African Trade Union Unity o OTUWA – Organization of Trade Unions of West Africa o SATUCC – Southern African Trade Union Coordination Council o EATUC – East African Trade Union Confederation o TUFEA - Trade Union Federation of East Africa o USTIMA - Trade Union Confederation of Arab Magherb Workers o OSTAC – Organisation des Syndicats de l’Afrique Centrale

Examples of Employers’ Organizations  International Organization of Employers (IOE) with 150 national employers’ organization in 143 countries  Pan-African Employers’ Confederation (PEC)  Federation of West African Employers (FOPAO)  SADC Employers’ Group (SEG)  East African Business Council (EABC) 21

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

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

Enterprise o Bipartite Consultative Committees o Collective Bargaining Committees

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

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

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

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

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

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

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

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

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

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

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

ILO Standards Related to Social Dialogue Conventions:  Right of Association (Agriculture) Convention, 1921 (No.11)  Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84)  Freedom of Association and Protection of the Right to Organize Convention, 1948 (N°87)  Right to Organise and Collective Bargaining Convention, 1949 (N°98)  Workers’ Representatives Convention, 1971 (No. 135)  Rural Workers’ Organization Convention, 1971 (No. 141)  Labour Relations (Public Service) Convention, 1978 (No. 151)  Tripartite Consultation (International Labour Standards) Convention, 1976 (No.144)  Collective Bargaining Convention, 1981 (No.154)

ILO Convention No. 87 Aims at protecting the free exercise of the right to organize of workers and employers vis-à-vis public authorities (independence) Aims at protecting the free exercise of the right to organize of workers and employers vis-à-vis public authorities (independence) Protects in law and in practice the freedom to establish organizations, prerequisite to the other guarantees enunciated in ILO instruments Protects in law and in practice the freedom to establish organizations, prerequisite to the other guarantees enunciated in ILO instruments 37

ILO Convention No. 87 The right to organize depends on three principles: The right to organize depends on three principles: That no distinction is made among those entitled to the right of association That no distinction is made among those entitled to the right of association That there is no need for previous authorization to establish organization That there is no need for previous authorization to establish organization That there is freedom of choice with regards to membership of such organization That there is freedom of choice with regards to membership of such organization 38

ILO Convention No. 98 Protection against acts of anti-union discrimination Protection against acts of anti-union discrimination Protection against acts of interference Protection against acts of interference Promotion of collective bargaining Promotion of collective bargaining 39

C. 98: Protection against Acts of Anti-Union Discrimination No person shall be prejudiced in his/her employment by reason of his/her trade union activities No person shall be prejudiced in his/her employment by reason of his/her trade union activities This protection is particularly necessary for trade union officials This protection is particularly necessary for trade union officials The law should provide for effective and dissuasive sanctions The law should provide for effective and dissuasive sanctions 40

C. 98: Protection against Acts of Interference Total independence of worker’s organizations from employers and their organizations in exercising their activities and vice versa Total independence of worker’s organizations from employers and their organizations in exercising their activities and vice versa Necessary to have express legislative provisions against acts of interference Necessary to have express legislative provisions against acts of interference Rapid appeal procedure Rapid appeal procedure Effective and dissuasive sanctions Effective and dissuasive sanctions 41

ILO Convention No. 151 Extend the coverage of ILO Conventions No. 87 and No. 98 to all persons employed by Public Authorities Extend the coverage of ILO Conventions No. 87 and No. 98 to all persons employed by Public Authorities Specific exclusion for high level employees Specific exclusion for high level employees Protects in law and in practice the freedom to establish organisations, prerequisite to the other guarantees enunciated in ILO instruments Protects in law and in practice the freedom to establish organisations, prerequisite to the other guarantees enunciated in ILO instruments Protection against acts of anti-union discrimination and interference Protection against acts of anti-union discrimination and interference Collective bargaining shall be promoted Collective bargaining shall be promoted

ILO Convention No. 154 Collective bargaining shall be made possible in all branches of economic activity Collective bargaining shall be made possible in all branches of economic activity The scope of collective bargaining shall be extended The scope of collective bargaining shall be extended Establishment of rules of procedures agreed between employers’ and workers’ organizations should be encouraged. Establishment of rules of procedures agreed between employers’ and workers’ organizations should be encouraged. Collective bargaining shall not be impaired by absence, inadequacy or inappropriateness of such rules Collective bargaining shall not be impaired by absence, inadequacy or inappropriateness of such rules Bodies and procedures for the settlement of labour disputes should be conceived as to contribute to the promotion of collective bargaining. Bodies and procedures for the settlement of labour disputes should be conceived as to contribute to the promotion of collective bargaining. 43

ILO Convention No. 154 Subjects covered by collective bargaining: Subjects covered by collective bargaining: Determining working conditions and terms of employment and/or Determining working conditions and terms of employment and/or Regulating relations between employers and workers and/or Regulating relations between employers and workers and/or Regulating relations between employers or their organizations and workers’ organization Regulating relations between employers or their organizations and workers’ organization 44

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

ILO Convention No. 144 Effective and meaningful consultation: Effective and meaningful consultation: More than merely providing information More than merely providing information Giving voice to workers and employers Giving voice to workers and employers Before Government takes a final decision Before Government takes a final decision 46

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

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

GROUP WORK 1. Give a brief description of the existing tripartite systems in your countries in terms of: -Composition -Composition -Mandate -Mandate -Frequency of meetings -Frequency of meetings -Priority issues for discussion -Priority issues for discussion -How their conclusions and recommendations are treated by the governments and the social partners? -How their conclusions and recommendations are treated by the governments and the social partners? 2. Suggest measures which in your opinion can boost the relevance and effectiveness of the tripartite systems for young people in your respective countries.