1. Systems of Social Security and
workers,
in GSC and EPZs
Jesus Garcia - ACTRAV Turin
Clara van Panhuys & Fabio Duran – ILO Ginebra
The goal of this session is to offer some central ideas for understanding the great importance of the Convention 102,  ratified in your Countries only by Mauritania
The Convention 102 is important because it is the only world agreement about an integral system of Social Security 1

2. State responsibility to be defined National Strategies
Tripartism as method and process
“they are inseparable,they are interrelated
and they mutually reinforce one another.
Strategic importance of freedom of association and
collective bargaining
The Social Justice Declaration helps us to understand it

3. DECENT WORK DECENT EMPLOYMENT DISTRIBUTIVE BALANCE (social balance)
FREEDOM OF ASSOCIATION
NECESSARY CONDITION
COLLECTIVE BARGAINING
DECENT WORK
Legitimate forum
for participation
in the primary
distribution of income
Distribution
Tool
DISTRIBUTIVE
BALANCE
(social balance)
DECENT EMPLOYMENT
DECENT
WAGE
First level
for DISTRIBUTION
of Income
Between Capital and
Labour
DW must be at the centre of all policies

4. of income distribution between Work and Capital “REDISTRIBUTION”
Comprehensive Overview of the Social Security System
(Convention 102)
DEATH
PERMANENT DISABILITY
TEMPORAL DISABILITY
ACCIDENTS AT WORK
MATERNITY
ILLNESSS
MEDICAL
ASSISTANCE
UNEMPLOYMENT
DISABILITY
AGEING
PENSIONS
FAMILY
ALLOWANCES
SHORT-TERM
BENEFITS
LONG-TERM BENEFITS
Second level
of income distribution
between Work and Capital
“REDISTRIBUTION”

5. 39% of the world population is not covered by any social health protection mechanism 39% de la población mundial no está cubierta por ningún mecanismo de protección social en salud
Note: Percentage of the population covered by a public health system, or affiliated to a social health insurance, private or micro-insurance.
Source: ILO World Social Protection Report 2014/15, Figure 5.2

6. Gaps in maternity protection coverage Brechas en la cobertura de la proteción de la maternidad
Note: Percentage of the female labour force contributing to maternity insurance or covered by programs providing maternity cash benefits (effective coverage).
Source: ILO World Social Protection Report 2014/15, Figure 3.23.

7. Pensions: Legal coverage as a percentage of the working age population Pensiones: cobertura legal como % de la población en edad activa
Note: Percentage of the labour force covered by a pension scheme (contributory ornon-contributory under national law (legal coverage).
Source: ILO World Social Protection Report 2014/15, Figure 4.7.

8. Comprehensive reference model for the ITUC
Fight against inequality
Floor - Fight against poverty

9. Social Protection Floor initiative: objective
Impact of
Crisis
Inequality
Poverty
Universality of Social Protection

10. UN Social Protection Floor Initiative
Social Protection Floor: components from the perspective of the United Nations as a whole
UN Social Protection Floor Initiative
Services
guarantee availability, continuity and geografic and financial access to essential services
Water and sanitation;
Foodstuffs and adequate nutrition:
Health, education, housing, etc.
Transfers
guarantee a basic set of essential social transfers (monetary and in kind), and facilitate access to essential services
Basic SS guarantees:
- Child allowance
- Incomes for active adult population
- Old age and disability allowances
- Essential health

11. The ITUC’s concern in discussions
Extension of social protection to all men and women:
Reference to freedom of association and collective bargaining
“full respect for collective bargaining and freedom of association for all workers” (guiding principle)
Focus on rights
“Basic social security guarantees should be established by law” (point 7)
Within the framework of a comprehensive social security system
“social protection floors ... as part of comprehensive systems” (page 2)
With a contributory financing scheme characterized by progressive contributions.
“financial, fiscal and economic sustainability with due regard to social justice and equity” (point k) in the guiding principles)
With a focus on the benefits and standards set out in Convention No. 102 as the minimum standard of social security.
Convention referred to explicitly on three occasions in the text of the Recommendation

12. With the tripartite participation of social actors and social dialogue “... tripartite participation with representative organizations of employers and workers, as well as consultations with other relevant and representative organizations of persons concerned” ... (guiding principle)
d) “in regard to the establishment and review of the levels of these guarantees, tripartite participation with representative organizations of employers and workers, as well as consultation with other relevant and representative organizations of persons concerned, should be ensured.”
-… 13.1) “Members should formulate and implement national social security extension strategies, based on national consultations through effective social dialogue and social participation”.
Members should monitor progress in implementing social protection floors and achieving other objectives of national social security extension strategies through appropriate nationally defined mechanisms, including tripartite participation with representative organizations of employers and workers, as well as consultation with other relevant and representative organizations of persons concerned ...”

13. Indirect insurance Exclusion
Social security: model grounded in the “head of the household” and based on the labour market
Sexual division of labour – family model
Man as provider of economic income
Labour market –
“remuneration”
Woman as provider of care
Family –
“non-remuneration”
Contributory /
Direct insurance
Non-contributory /
Indirect insurance Exclusion

14. Contributing factor: Gender gap
Exclusion from contributory social protection
Lower activity and occupation rates
Higher unemployment
Part-time and temporary work
Horizontal and vertical labour market segregation
Wage gap
Informal economy and atypical jobs
Family responsibilities: discontinuity in work history
Exclusion from schemes: maternity
Lower bases for contribution
Lower densities of contribution
Should this be a priority criterion for the social protection floor?

15. Social protection within the context of the United Nations System
Rights Approach
HR – ICESCR – CEDAW
Social
Protection
(Strategic axis of Decent Work)
Ensure income and access to health
Reduce inequaity and injustice
Establish adequate benefits with recognized rights
Fair distribution within the globalized economy
Element in overcoming economic crises
ILS– C102 – C183 - C156 – C100 – C111
SDGs, 2015
Declaration on Social. Justice, 2008
Global Jobs Pact, 2009
SPFI 2009

16. Gender Equality: Cross-cutting axis
Achieve greater influence for the
International Labour Standards
Push forward the dialogue between the various sectors of society
Promote in particular gendere quality
Decent Work
Labour principles and rights
Employ-ment
Social Protection
Social dialogue
Cross-Cutting Axes
Cross-Cutting Axe
Strategic axes

17. Caring for Persons: At the heart of the SPF
Minimum income security, active adult population
Access to essential services: health, education, housing, water and sanitation, foodstuffs and nutrition, life skills information.
Minimum income security in childhood
Income security in old age and for persons with disabilities.
Essential medical care: basic health packages, with particular emphasis on protection of maternity
Social Protection Floor Initiative
Four basic social security guarantees
Essential services
Provision of care

18. Articulation of the Basic Guarantees with the Essential Services
Minimum income security, active adult population
Access to essential services: health, education, housing, water and sanitation, foodstuffs and nutrition, life skills information.
Minimum income security in childhood
Income security in old age and for persons with disabilities.
Essential medical care: basic health packages,
with particular emphasis on protection of maternity
Social Protection Floor Initiative
Four basic social security guarantees
Essential services
Provision of care
Sectoral and social promotion policies:
Educational policies
Health policies
Others: housing, water, equality, and PRS, etc.
Active employment policies
Policies for provision of care

19. Basic social security gurantee Minimum income guarantee
Access to essential services, including care
Access to the labour market
Basic incomes for children
Transfers in kind: food, housing, clothing…
Education (0 to 15 years of age)
Community and preventive health
Child population cared for by public networks, to facilitate incorporation of women and men
Interaction between transfers and essential services: coverage of needs for care
Basic incomes for the adult population
Monetary transfers
Protection for maternity and paternity
Active employment policies, sectoral housing policies
Positive actions for incorporation of women
Basic incomes for seniors and the disabled
Monetary and in kind: food, housing, clothing…
Daytime and night-time community services, and residential services, including community health care
Elderly population, those with disabilities and dependents, cared for by public networks, to facilitate the incorporation of women and men
Essential medical care
Public Health Network (health system): inclusion of the contributory and non-contributory pillars, in order to ensure equality of citizenship in access to health services, addressing the differing health and epidemiological profiles of women and men

20. ILO international standards related to migrants’ access to social protection
The Equality of Treatment (Social Security) Convention, 1962 (No.118)
The Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).
The Maintenance of Social Security Rights Convention, 1982 (No.157)
The Domestic Workers Convention, 2011 (No. 189)
Albeit not legally binding upon States, ILO Recommendations lay down basic social security principles and provide guidance
The Maintenance of Social Security Rights Recommendation, 1983 (No. 167) with Model Agreement
The Migrant Workers Recommendation, 1975 (No. 151)
The Social Protection Floors Recommendation, 2012 (No. 202)
The Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)
The Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The principle of equality of treatment in respect of social security is also enshrined.

21. Poverty and social exclusion
ILO international social security standards
(relevant for migrant workers and their families)
Convention No. 102 covering the 9 branches/contingencies
C 130
C 168
C 121
C 183
C 102
C 130 et R69
Lyfe cycle
Employment injury
Maternity
Unemployment
Disability
Family/child benefits
Sickness
Health care
Old-age
Survivors
C 128
C 128
C 128
Poverty and social exclusion
R 67 et R 202 (SPF)

22. Common barriers to extend social protection
Legal exclusion in national legislation (nationality, status, type of employment etc.)
High number of migrant workers working in the informal economy
Restrictions in contingencies/
branches covered
Exclusion linked to specific characteristics (income, work-time etc.)
Lack of contributory capacity
Complexity of administrative procedures
Low social protection coverage of national population in certain countries
Lack of ratification of relevant convention
Lack of SS agreements or BLA arrangements with SS provisions
Lack of or difficulty to access information/
Linguistic & cultural barriers
Stigmatization and discrimination
Lack of organization and representation
Legal exclusion. the principle of territoriality, which restrains the application of social security legislation to the country in which it has been enacted, directly affecting all migrant workers who may not only lose coverage under the national social security system in their country of origin, but also risk of having limited or no coverage in their country of employment. On the other hand, whereas a number of countries recognize the equality of treatment for national and foreign workers, the principle of nationality in social security legislation often leads to less favourable treatment of non-national workers or even exclusion of certain categories of migrants, such as migrant domestic workers
Restriction of contingencies and exclusion based on residence-based or job-related factors. Restriction of contingencies.
Exclusion linked to specific characteristics
irregular/unpredictable income, work time, multiple employers, live-in workers etc.
Lack of affordability. The capacity to contribute to targeted social security programmes often translates into a justification to exclude from coverage certain groups, such as domestic or migrant domestic workers. Developing countries face greater challenge in terms of legal coverage due to, amongst other factors, higher concentration of domestic workers. The largest deficit of social security in domestic work sector is in such regions as Africa and Asia. Social Protection of Domestic Workers: Policy Trends and Statistics, ILO, Geneva, 2016 (forthcoming)
Complexity of administrative procedures. Time consuming and difficult to understand procedures raise transaction costs for both employers and migrant domestic workers. Inadequacy or absence of administrative mechanisms for migrant domestic workers related to enrolling in a programme or receiving benefits is often explained by peculiarity of labour activity performed in a private household, multiple employers, irregular income and international recruitment. Further difficulties relate to monitoring and labour inspection activities of domestic work that ensure adequate administrative mechanisms of control of access to social security benefits by all workers.
Low social protection coverage of national population in certain countries
Another major challenge faced by developing countries is that a large part of the population is not covered either, not just domestic workers. Sometimes difficult to promote the extension of SP to MWs in general and/or MDWs when nationals are not covered.
Lack of ratification of relevant convention mentioned previously – equality of treatment principle
Lack of SS agreements or BLA arrangements with SS provisions -
Lack of information. On one hand, difficulty to acquire an adequate base of information translates into constraints for national administration to determine a strategy for expansion of social security coverage to migrant domestic workers. On the other hand, lack of information leads to asymmetric positions in negotiations between workers and employers, making migrant workers disadvantageous when advocating for their rights.
In addition to mentioned above, there are strong cultural barriers, overall stigmatization and discrimination as well as perception of domestic work as ‘unproductive’ labour due to a general perception that it does not generate direct benefit.

23. Bilateral or multilateral social security agreements
Are treaties intended to coordinate the social security schemes of two or more countries in order to overcome the barriers that might otherwise prevent migrant workers from receiving benefits under the systems of any of the countries in which they have worked.
They can include any of the nine branches of social security referred to in the Social Security (Minimum Standards) Convention, 1952 (No. 102).
Social security agreements address the lack of coordination of schemes through their numerous provisions implementing the principles of equality of treatment etc.
The Annex of the Maintenance of Social Security Rights Recommendation, 1983 (No. 167) can be used as a model Agreement

24. Number of bilateral agreements by country
21 or more agreements (12 countries)
Between 6 and 20 agreements (43 countries)
Between 1 and 5 agreements (39 countries)
No agreement or no information available (26 countries)
Countries that were not reviewed as of March 2017
source: C. van Panhuys, S. Kazi-Aoul, G. Binette Migrant access to social protection under Bilateral Labour Agreements:
A review of 120 countries and nine bilateral arrangements, ILO ESS working paper.

25. Protecting social security rights through unilateral measures
Country of Employment (Labour Receiving Country)
Equality of treatment
Payment of benefits abroad (If impossible: Reimbursement of contributions)
Crediting periods of insurance completed in another country for the purpose of giving immediate access to benefits
Possibility of covering retroactively missing insurance periods
Waiving long qualifying periods in favour of migrant workers
Allowing migrants to remain affiliated in the country of origin

26. Protecting social security rights through unilateral measures
Country of Origin (sending country) Liability on recruitment agencies for social security coverage (e.g. Indonesia and Philippines)
Voluntary insurance for nationals working abroad (e.g. France, Jordan, Philippines, Ecuador etc.)
National social protection floors – very relevant for (1) returning migrants; (2) family/dependents that remain in the country of origin; and (3) for migrants in the destination/transit/host country to at least access essential health care

27. Useful links ILO Social Protection Platform: www.social-protection.org
European Union Coordination instruments
CLEISS (Centre des liaisons européennes et internationales de Sécurité sociale)
International social security Association (AISS)

28. And What about Global Framework Agreements!