1 Ibero-American Multilateral Agreement on Social Security Francisco Jacob General Vice-Secretary, OISS

2 Lack of protection (even after long periods of contribution) – marginalization Destimulates contributions Promotes informal economy and “social dumping” Makes movement and return more difficult SOCIAL PROTECTION - EMIGRATION Exclusion of migrant workers from the benefits of Social Protection leads to:

3  Social Legislation (regulating the protection of health, pensions…) varies a great deal  Social Legislation is governed by the “principle of territoriality”: Exclusively implemented in the territory of the State where it is established.  Protection of migrants requires international cooperation on social security SOCIAL PROTECTION EMIGRATION

4 Harmonization (ILO Agreements, European Social Security Code, Ibero-American Social Security Code…): Seeks to establish a common minimum protection. Coordination of Legislation: International agreements INTERNATIONALIZATION OF SOCIAL PROTECTION Two ways:

5 Do not modify national legislation Do not replace national legislation Coordinate legislations to guarantee the rights of migrant workers Types: Bilateral, multilateral SOCIAL SECURITY AGREEMENTS

6 Potential: 231 Current: 53 73% in 4 countries: Argentina (7), Chile (8), Spain (13), and Uruguay (11) BILATERAL AGREEMENTS IN IBERO-AMERICA

7 Agreements by Countries

8 Agreement on Social Security of Quito (1978): Requires bilateral agreements Multilateral Agreement on Social Security of MERCOSUR: In force since Decision 583. Andine Social Security Instrument: Implementation Regulations pending. Social Security Regulations of the European Union: Since May 1, 2010 the new Regulations 883/2004 and 987/2009 are in force. MULTILATERAL AGREEMENTS IN IBERO-AMERICA

9 Multilateral Ibero-American Agreement on Social Security

10 V Conference of Ministers and Heads of Social Security (Segovia, September 2005) XV Ibero-American Summit of Heads of State and Government (Salamanca, October 2005) 6 Drafts 3 Technical Meetings (Montevideo, Santiago de Chile, Sao Paulo) DEVELOPMENT OF THE MULTILATERAL IBERO-AMERICAN AGREEMENT ON SOCIAL SECURITY

11 VI Conference of Ministers (Iquique. July 2007): The text of the Agreement was approved. XVII Ibero-American Summit of Heads of State and Government (Santiago de Chile. November 2007): The Agreement was adopted unanimously. Signed (12 countries) DEVELOPMENT OF THE AGREEMENT

12 Signing of the Agreement by Governments Ratification of the Agreement by Parliaments, in accordance with internal legislation Submitting the ratification instrument to SEGIB PROCEDURE, ENTRY INTO FORCE Entry into Force: Once the 7th ratification instrument has been submitted and the Implementation Agreement has been signed.

13 Ecuador Argentina Venezuela Spain Brazil Costa Rica Bolivia Paraguay Portugal Peru El Salvador Uruguay Chile Colombia SIGNING THE TEXT OF THE AGREEMENT 14 COUNTRIES Population of the countries that have already signed: 450 million

14 On February 2, 2011 the 7th country (Bolivia) submitted the ratification instrument. Effectiveness of signing the Implementation Agreement. ENTRY INTO FORCE Entry into Force: May 1, 2011

15 Ratified: RATIFICATION OF THE AGREEMENT -Ratification Instrument Submitted: Bolivia, El Salvador, Ecuador, Brazil, Chile, Spain, Paraguay, Portugal - Pending: Argentina, Uruguay, Venezuela Costa Rica Ratification Procedure Advanced:

16 5 drafts and 2 technical meetings (Fortaleza, Santiago de Chile) VII Conference of Ministers (Lisbon, September 2009): Final Ibero-American Summit (knowledge) Signing by countries (after ratifying the Agreement) Signed: On October 13, 2010 by Spain; on April 18, 2011 by Bolivia; on May 19 by Brazil CURRENTLY EFFECTIVE BETWEEN BOLIVIA, BRAZIL, AND SPAIN IMPLEMENTATION AGREEMENT OF THE AGREEMENT

17 Improves the protection of migrant workers and their families. Favours movement and return. Promotes contributions and “formalization”. Helps to prevent “dumping”. Strengthens social security systems. The first Ibero-American legal instrument recognizing the rights of citizens that can be claimed directly in Court. IMPORTANCE OF THE AGREEMENT

18. Favours bilateral relations and agreements. May serve as an example. May lead to other instruments (Meeting of Ministers and Heads of Social Security of the European Union, Latin America, and the Caribbean). IMPORTANCE OF THE AGREEMENT

19 Equal Treatment: Irrespective of nationality (applies to any person who is or has been subject to legislation in one or several States Parties). Personal Implementation Sphere: Legal workers, dependent or independent. Material Implementation Sphere: Economic benefits due to age, disability, survival, accidents in the workplace, and occupational diseases. Applicable Legislation: “lex loci laboris” (with exceptions). PRINCIPLES OF THE AGREEMENT

20 Conservation of rights in the course of acquisition: Totalizing periods and “prorrata témporis”. Exporting benefits. Administrative and technical collaboration. Maintaining more favourable provisions from other Agreements. A possibility of expanding to include other spheres (health care …). PRINCIPLES OF THE AGREEMENT

21 Payment of benefits charged to the Funds. Totalizing Periods for: Disability, survival, in mixed systems, minimums (if this is the case) (Art.16). Exporting Benefits (Art. 6). Voluntary Insurance (Art. 16). Possibility of agreements to transfer funds between States (Art. 17). PENSION FUNDS (Title II. Chapter 2)

22 REQUEST: PROCEDURES TO IMPLEMENT THE AGREEMENT In any State Party State of residence or of most recent contributions DRIVEN BY: Requesting information to other States Communication between institutions through the driving State institution. Resolution, notification, and payment by each State. PRO- CEDURE: