Labour Administration from the perspective of Project ILO-IACML Project: Principles and Rights at Work in the context of the XIII Inter-American Conference of Ministers of Labour of OAS Leonardo Neves, Project CTA ILO Regional Office for Latin America and the Caribbean First Working Group 2 Meeting of the XIII Inter- American Conference of Ministers of Labour of OAS Washington D.C., 13 and 14 May 2004

Project ILO-IACML Implementation Schedule n PHASE 1: September 2000 – March 2002 n PHASE 2: September/2002 – March/2004 n PHASE 3: May/2004 – October/2005 Donor n United States Department of Labor (USDOL) Location n ILO Regional Office for Latin America and the Caribbean

Project ILO-IACML (Phase 3) Objective: n Contribute to the full application of ILO fundamental principles and rights and to the improvement of employment and social conditions in the Hemisphere, by supporting the implementation of the Salvador Plan of Action to be adopted at the XIII IACML.

Project ILO-IACML (Phase 3) Action: n Provide technical support to the activities carried out by the Working Groups of the IACML u WG1: Social and Labour Dimensions within the Summit of the Americas Process u WG2: Institutional Strengthening of Labour Ministries n Lines of action: u The labour dimension within regional integration and free trade agreements in the Americas u Institutional strengthening of labour administrations u Promotion of the ILO Declaration

Objective of the Project in support of WG2 n By means of research, consultation and social dialogue, achieve horizontal cooperation agreements and technical cooperation projects strengthening the capacity of ministries of labour to effectively apply labour laws and standards embodied in the ILO Declaration, as well as in other areas of labour administration to be determined by WG2 members.

The Project's Contribution to Labour Administration The Importance of Labour Administration: n Labour administration is a fundamental factor in regional integration processes. n It plays a leading role in: u guaranteeing enforcement of and respect for fundamental principles and rights at work, thereby fostering the full development of individuals and their productive potential; u improving labour institutions as a way to expand the economic security of workers and their families; u improving the operation of the labour market and making the labour impact of integration better understood.

The Project's Contribution to Labour Administration Project Activities in this Area: n Labour administration diagnoses and support to the formulation of Plans of Action based on such diagnoses. n Diagnoses made to date within the framework of the Project: u Ecuador u Nicaragua u Paraguay u Peru u Trinidad and Tobago

The Project's Contribution to Labour Administration Labour Administration Diagnosis: n The methodology used was developed by the ILO’s INFOCUS Programme on Social Dialogue, Labour Law and Labour Administration. n A labour administration diagnosis does not evaluate the merits of specific national policies or legislations. Instead, it focuses on analyzing the systems used to apply such policies and programmes, as well as the related administrative procedures. n A labour administration diagnosis includes a study of labour ministries and their dependencies at central and local levels, and of other relevant national agencies and institutions (the Judiciary, training institutions, social security institutions, etc.). n Relations between the social partners––governments, workers and employers––are likewise evaluated.

The Project's Contribution to Labour Administration The various stages of a labour administration diagnosis : 1. Preliminary examination of the basic data provided in the request 2. Official request 3. Terms of reference 4. Compilation of data 5. Field work (interviews; intermediate presentations) 6.Analysis and formulation of working hypotheses 7.Presentation 8.Diagnosis report and formulation of recommendations 9.Report follow-up.

The Project's Contribution to Labour Administration Labour administration functions analyzed : 1. Work and Labour Relations u Labour inspection; occupational safety and health; dissemination of labour standards; conciliation, mediation and arbitration. 2. Employment u Employment and vocational training; operating bodies and programmes; employment creation policies and programmes; job placement agencies or employment agencies 3. Relations with social partners 4. Generation of information, and analysis capacity 5. Human and material resources 6. Management 7. Coordination between units and programmes

The Project's Contribution to Labour Administration Elements of analysis for future action planning: Best practices – strong points and most effective services. Requirements – need to improve weak points, ineffective or inefficient services and make up for deficiencies. Ability to qualify for technical cooperation – institutional capacity to design change and translate it into short, medium and long term plans with total or partial external assistance. Ability to implement and sustain the results of technical cooperation – institutional capacity and political commitment (by governments and social partners alike) to carry out reform plans, establish the appropriate legal framework and provide adequate means and resources

The Project's Contribution to Labour Administration The present state of progress of labour administration diagnoses: n Diagnoses are a powerful tool for evaluating the needs of labour administrations. Their results should produce a follow- up in terms of formulation of the appropriate Action Plans. n To date, no significant progress has been made in this direction. n Possible causes: ministerial changes; no focal point in competent ministries; no analysis of internal needs; no “immediate pressure” to initiate the reform process. n Work has been resumed on the drawing up of Action Plans in Ecuador, Nicaragua and Peru. Paraguay, too, has declared itself willing to carry on with this process. n Requests have been submitted for new missions in the Caribbean and Central America.

The Project's Contribution to Labour Administration Activity Follow-up: n A labour administration diagnosis requires: u The political will to back it (awareness of its necessity) u An analysis of the internal level of usefulness of the diagnosis u An estimate of its possible applications u A designated focal point to support the diagnosis and the development of the ensuing Action Plan u A general awareness of the importance of the diagnosis. n The elaboration of an Action Plan requires: u A focal point u A detailed study of the action plan proposal and matrix u An estimate of the effort required u A specific request for the support deemed necessary.

The Project's Contribution to Labour Administration Action Plan Matrix REQUIREMENTSRECOMMENDATIONSNATIONAL ACTIONSCOOPERATIVE ACTIONS Needs detected through the diagnosis Recommendations made on the basis of the diagnosis Developed by the country’s Labour Administration using its own means Requiring horizontal cooperation, technical assistance or international cooperation

Horizontal Cooperation: n Along with technical assistance, can play a key role in developing the capacities of labour ministries n Can be the means to carry out the activities envisaged in the Action Plan; n Makes for the exchange of best practices regarding labour administration.

Horizontal Cooperation n To what extent can the Project help promote horizontal cooperation in Latin America ? u It includes activities which are instrumental to the definition of specific horizontal cooperation opportunities in the Region F A database is created on technical cooperation programmes and projects being developed in the Region F A specific survey is designed and included in the Project’s Web page. u It funds experience exchange and supports horizontal cooperation agreements between ministries of labour in the Region.

Horizontal Cooperation n ¿What areas are appropriate for horizontal cooperation? u Based on the diagnoses made within the framework of the Project, seven areas have been identified as appropriate for technical assistance and horizontal cooperation, without excluding other areas of interest : F Strategic management F Organisational design F Labour inspection and standards strengthening F Analytical capacity strengthening F Human resource development F Service to users F Qualifying for technical assistance

Horizontal Cooperation We submit that : n Follow-up is essential, as well as an evaluation of any difficulties encountered in developing and carrying out horizontal cooperation agreements n It is necessary to map each country’s strengths and weaknesses, so as to have a comprehensive overview of experiences and requirements in the Hemisphere n It is necessary to evaluate current procedures in order to establish which methods are most effective and expeditious in: u putting ministries in contact with one another u quickly generating institutional relationships u effectively developing information exchange u guaranteeing follow-up u sharing information among all countries concerned.

For further details on the Project, go to: Project staff : Leonardo Neves Chief Technical Adviser Silvia Muelle Administrative Assistant