Decent Work and the Informal Economy
by
Samuel J. Goolsarran
Labour – Management Consultant
Salutations, Greetings
Ladies and gentlemen, it is a great honour and privilege for me to be present at
this symposium on The Musicians’ Professional Status and Intellectual Property
Rights in Jamaica. I am pleased to make a presentation on behalf of the
International Labour Organization (ILO) Subregional Office for the Caribbean
(POS) on the subject Decent Work and the Informal Economy. In the name of
its Director, Dr. Ana Teresa Romero, I bring to all warm and cordial greetings,
and wish participants an enriching experience and fruitful exchanges of views
and ideas for appropriate and practical action in the interest musicians,
culminating, hopefully, in “symphonic harmony”.
I would like to deal with the subject of Decent Work and the informal Economy
in holistic way from the ILO’s perspective, focusing on:






The ILO and its mission;
The concept and goal of decent work;
Fundamental Human Rights and Development;
Social Dialogue in the Caribbean - legislative framework,
CARICOM and Social Dialogue, the Potential of Social Dialogue, and
agreements resulting from social dialogue;
Government as a key Facilitator of dialogue; and
The Challenge for musicians to organise to advance their interest.
The International Labour Organization (ILO)
The International Labour Organization (ILO) is regarded by member States as
the most influential and universally-recognized global organization on labour
matters, setting international standards for the conduct of labour and social
relations. They accept the relevance of the ILO as “the global reference point for
knowledge on employment and labour issues” now, and in the future.
(The Director General of the ILO, Juan Somavia, in his report “Decent Work” to the 1999
International Labour Conference in Geneva).
The ILO is a specialized agency within the United Nations system and has an
inclusive participative structure as well as an enduring mission. With its distinct
tripartite structure, the ILO brings together governments, employers and workers
in the pursuit of social justice and better living and working conditions for
people everywhere.
1
The ILO was established since 1919 to protect the fundamental rights of all
workers in the formal and informal economies, to promote human and social
development, and to foster a humane society. The protection of the rights of
workers in informal sector remains a challenge to many national governments,
and national and international organizations. The ILO is guided by the affirmation
in the preamble to its Constitution that: “Universal and lasting peace can be
established only if it is based upon social justice”; and by the principles
enunciated in its of Declaration of Philadelphia, 1944.
The Declaration of Philadelphia reaffirmed the fundamental principles on which
the ILO is based and states that:
.
.
•
•
.
.
•
•
Labour is not a commodity;
Freedom of expression and association are essential to sustained
progress;
Poverty anywhere constitutes a danger to prosperity everywhere;
All human beings, irrespective of race, creed, or sex, have the right
to pursue both their material well-being and their spiritual
development in conditions of freedom and dignity, economic
security and equal opportunity.
These are abiding and guiding principles, to which member States and all
organizations and institutions, can identify, subscribe and support.
The ILO recognizes that fundamental principles and rights at work constitute
yardsticks to measure respect for human rights; and that the state, with the
support of the social partners and civil society, should act as guarantor, protector
and promoter of human rights of all its citizens and persons residing within its
borders and territories, including migrant and foreign workers. These ideals and
principles are of enduring relevance and will continue to impact on employment
relations in terms of opportunities and problems in this heightened age of
globalization and ever changing production systems with rapidly advancing new
technologies.
The Concept and Goal of Decent Work
Throughout its rich history, the ideals and affirmations in its Constitution
informed the work of the ILO. Its ongoing work programme sets out four strategic
objectives, which will impact on economic, social, and human development
globally, now and in the foreseeable future. These strategic objectives are:
.
•
.
•
To promote and realize fundamental principles and rights at
work;
To create greater opportunities for women and men to secure
decent employment and income - in conditions of freedom, equity,
security, and human dignity;
2
.
•
.
•
To enhance the coverage and effectiveness of social protection
for all; and
To strengthen tripartism and social dialogue.
These four objectives together define the ways in which the ILO can
promote the goal of decent work.
“Decent work means productive work in which rights are
protected, which generates an adequate income, with adequate
social security protection. It also means sufficient work …It marks
the high road to economic and social development, a road in which
employment, income and social protection can be achieved without
compromising workers’ rights and social standards”.- Juan Somavia:
Decent Work - Report of the Director-General to the 87th Session of the
International Labour Conference, (Geneva, 1999)
Fundamental Human Rights and Development
Governments, employers’ and workers’ organizations must seek actively to build
national consensus on economic and social policy, which aims at promoting a
system of labour and social relations and rights consistent with international
standards, norms, and principles. These standards and principles should be
reflected in national policy, legislation and practice, including at the enterprise
level in all sectors of the national economy. An effective national social system
will ensure the observance and enforcement of the applicable laws – both
rights and obligations. This is a continuing challenge to many national systems
where sections of the population that have most need, are not adequately
protected by law. Many do not enjoy the social protection, benefits, and services
of the public administration systems. This is perhaps more prevalent in the
informal economy, and policy makers and national systems need to take
account of the problems raised by the informal sector in the management
of the national affairs.
The fundamental principles and rights, without distinction to formal or
informal economy are set out in various international instruments, in particular,
the ILO’s international labour Conventions and Recommendations. Conventions
are open to ratification by ILO member States and are legally-binding for those
who have ratified. Recommendations, on the other hand, are not legally-binding
but provide guidance to policy, legislation and practice.
The ILO Declaration on Fundamental Principles and Rights at Work, adopted by
the International Labour Conference (ILC) in June 1998, marked a recommitment and a re-affirmation of the obligation of the 181 member states, by
virtue of their membership in the ILO, to respect, to promote and realize in good
faith the principles concerning:
3
.
•
.
.
.
•
•
•
the rights of freedom of association and effective recognition of the
right to collective bargaining;
the elimination of all forms of forced or compulsory labour;
the effective abolition of child labour; and
the elimination of discrimination in respect of employment and
occupation.
There are eight fundamental ILO Conventions (core Conventions), which relate
to these principles, and they are:
.
•
Convention No. 87: Freedom of Association and Protection of the
Right to Organize, 1948;
.
•
Convention No. 98: Right to Organize and Collective Bargaining,
1949;
.
•
Convention No. 29: Forced Labour, 1930;
.
•
Convention No.105: Abolition of Forced Labour, 1957;
.
•
Convention No.138: Minimum Age, 1973;
.
•
Convention No.182: The Worst Forms of Child Labour, 1999;
.
•
Convention No.100: Equal Remuneration, 1951 and
.
•
Convention No.111: Discrimination (Employment and Occupation),
1958.
The principles of these fundamental Conventions establish a social minimum at
the global level. These are internationally-recognized labour standards on
basic human rights at the workplace, which will continue to impact on the
conduct of labour and social relations in the future.
Support for these labour standards was expressed in other international fora in
recent years, notably at the UN World Summit for Social Development
(Copenhagen, 1995), and the Ministerial Conference of the World Trade
Organization (WTO) in Singapore (1996). This WTO conference marked a
renewed commitment to internationally- recognized core labour standards
and identified the ILO as the competent body to deal with, and set such
standards, while rejecting the use of labour standards for protectionist
purposes.
Social Dialogue
Social dialogue on social rights and economic matters affecting the formal and
informal economies within member States should be encouraged as a matter of
high priority. This approach promotes active consultations and cooperation at the
industrial and national levels among public authorities as well as with workers’
and employers’ organizations, and other groups in the national community. This
is necessary in order to foster mutual understanding and good relations, and
to find agreed solutions to social and economic rights and problems.
The promotion of social justice in the state community could be achieved only if
the social partners and relevant stake holders themselves are involved in the
4
search for appropriate solutions through negotiations and social dialogue.
The state agencies however, have a pivotal role and responsibility for the
success of the tripartite social dialogue process.
“… social dialogue …guarantee participation and a democratic
process…The evolving global economy offers opportunities from which all
can gain, but these have to be grounded in participatory social institutions
if they are to confer legitimacy and sustainability on economic and social
policies.”
(Juan Somavia: Reducing the Decent Work Deficit: A global challenge -The
Report
of the Director-General at the 89th Session of the International Labour Conference,
ILO, Geneva, 2001).
The pillars of tripartism (for dialogue) - constituted by the state, employers’
organizations and workers’ organizations should be strong and effective to
engage in social dialogue, and be based on the principles of trust and good
faith. Success in the mutual outcome of social dialogue requires national
commitment and national political will, and the full commitment of
employers and workers and their organizations. As Mulvey notes in a report
on Caribbean labour administrations to the ILO:
“…social dialogue, … needs to be strengthened, encouraged and
supported. This requires mutual support, respect and understanding. It
also requires a high degree of trust between the social partners. The
building of that trust, its maintenance and its sustainability requires a high
degree of commitment and leadership
.”(Kieran Mulvey, Chief Executive of the Irish Labour Relations Commission in a Report
to the ILO Caribbean Office on Labour Administration (1997)
Legislative Framework
The legislation in most Caribbean countries provide for the establishment of
tripartite committees/boards. These are advisory bodies which generally review
legislation, working conditions, and labour rights, international labour standards
and other matters pertaining to national labour policy. These contrast with the
new agenda trend towards broader social partnership issues through dialogue,
and expressed in partnership agreements achieved.
CARICOM and Social Dialogue
The principles of social dialogue have been enshrined in the principal
instruments of CARICOM as policy commitments to be adhered to by Member
States as follows:
5
The Revised Treaty of Chaguaramas Establishing The Caribbean Community,
Article 73: Industrial Relations, requires the Council on Human and Social
Development to promote:
•
•
tripartite consultations among governments, workers’ and employers’
organizations; and
the awareness of the requirements for collaboration of employers and
workers for increased production and productivity in Community
enterprises.
Charter of Civil Society for the Caribbean Community, adopted by a
resolution which was signed by Heads of Government in February 1997, is an
expression of the commitment of the Member States to observe the provisions of
the Charter including workers’ rights (Article xix);
The Charter obligates CARICOM Member States to establish within their
respective States a framework for genuine consultations among the social
partners in order to reach common understandings on and support for the
objectives, contents and implementation of national economic and social
programmes and their respective roles and responsibilities in good governance.
( Article xxii)
Declaration of Labour and Industrial Relations Principles on Consultation and
Tripartism, also calls on member states:
- to promote collective bargaining, consultation and tripartism as essential
elements of the system of industrial relations in the CARICOM region (Article
43); and
- to employ their best endeavours to consult with the Social Partners in
establishing the relevant principles and policies to be applied in conditions
and situations of financial stringencies. (Article 44)
Potential of Social Dialogue
The enormous potential of social dialogue to improve the social system and
contribute to the creation of an inclusive national community must be tapped.
The realization is that social dialogue, can, in good faith, promote national,
social and political stability, and a more just society. The involvement of
government and the social partners and civil society in national decision-making
can promote greater consensus and contribute to national development, stronger
democracy and good governance, which is expressed in representative inclusive
participation, transparency in national policy implementation in a credible manner,
and strict accountability to the national community.
6
Social Partnership in Ireland and Barbados
There are outstanding models of national social partnership agreements in
Ireland and Barbados. From the late 80’s and early 90’s, the social partnership
and consensus-based approaches in Barbados and Ireland resulted in national
agreements, which have had a continuing positive impact on the achievements
of economic growth and social progress and rights. These agreements were
the outcomes of serious negotiations undertaken in good faith between the
governments and the other social partners. This recourse to the social
partnership option had widespread support among the major social and
economic interests in these countries, and fundamentally changed the traditional
confrontational approach in managing national social and economic affairs.
The social partnership agreements provide a solid policy foundation for the
economic growth and development of these countries. These have resulted in
a very good industrial relations environment to the extent that Ireland is attracting
many substantial investors, and is one of the fastest growing economies in
Europe. In recent years, both Ireland and Barbados have recorded the lowest
incidence of industrial action within the European Union and CARICOM
respectively.
While there are many obstacles and challenges relating to information sharing,
mutual trust, political will, leadership and national vision, Caribbean States
are impressed by the achievements of social accords of Barbados, which drew
from the successful model of social partnership from Ireland. The
institutionalized national consultation resulted in the transformation of the then
declining economies of Ireland and Barbados to ones of steady growth.
Barbados is the pacesetter on national dialogue and consensus, and stands
out as a Caribbean country which has successfully negotiated and concluded five
tripartite protocols on Prices and Incomes Policy and Social Partnership, since
1993. These protocols receive parliamentary endorsement consequent upon
negotiations.
Accords of these types can offer examples of new possibilities for national
development strategies for the Caribbean. It is for the governments of the region
to concede with maturity in forging genuine dialogue by involving not only the
established social partners of representatives of the trade unions and the
employers, but the parliamentary political parties, and representative interest
groups in civil society. This means governments sharing governance through
pertinent information and joint decision-making on an agreed agenda in
institutionalized, consultative negotiations and constructive engagements.
Social partnership can transform a debt-ridden, stagnant, declining
economy to one of success in growth, higher employment, and industrial
stability as demonstrated in Ireland and Barbados. It can result in a paradigm
7
shift in industrial and social relations from adversarial approaches and
confrontation to one of consensus and cooperation. The essential objectives of
wider social dialogue on social and economic issues are to achieve national
economic recovery, social progress, industrial stability, competitiveness, new
investments, employment creation, decent work, prosperity, and social justice.
Jamaica’s Initiatives towards Social Partnership
Jamaica, through its Sectoral Agreements, demonstrates commitment to the
principle of social partnership pursued in bi-lateral and tripartite encounters.
These resulted in Memoranda of Agreements in the bauxite, banana, water,
shipping industries, and public services for the pursuit of strategies aimed at
fundamental transformation in employment relations and to forge greater
consensus at the enterprise level. These agreements are also influencing
positively corporate social responsibility, human resource development,
productivity, competitiveness, and investments.
In February 2004, representatives of the Government of Jamaica and the
Jamaica Confederation of Trade Unions entered into a Memorandum of
Understanding for the Public Sector in the national interest. The public sector
embraces central and local government, and all other Government entities,
commissions, companies, corporations, institutions, and statutory bodies. The
aim is to address the prevailing high debt in relation to the GDP, fiscal deficit, low
economic growth, and low employment creation in a combined effort by the
parties to restore national economic growth. The parties recognize the need for
improved labour-management relations, and the pursuance of policies and
strategies for sustained growth and development of the public sector in particular
and the country in general and accordingly agreed on a general policy of:
.
•
.
.
•
•
wage restraint in the public sector for the period 1 April 2004 to 31
March 2006;
employment constraint with certain exceptions; and
expenditure restraint.
The memorandum also requires the Government to pursue complementary
fiscal and monetary policies to sustain real economic growth over the medium to
long term. The parties are further committed to the development of a modern,
efficient public sector, adequately staffed, properly equipped, and suitably
rewarded.
There is therefore good experience and tradition of consultation and dialogue
involving Government and key stake holders in Jamaica, and this is a good is a
good reference point for musicians here to pursue determined dialogue on
matters affecting them.
8
Government as Facilitator
Government is a key actor in facilitating decent work through social dialogue.
Government:
 is clothed with legislative power and the only actor that can change the
rules by legislation;
 has the machinery to enforce the rules for the general good of the
national community;
 commands the necessary resources to engage the social partners and
civil society, in good faith encounters, in the development of national
economic and social policy;
 can establish a well-resourced secretariat to provide the required
research and technical support for an effective dialogue process; and
 has the ability to create an enabling environment to foster sustained
social dialogue and partnership at the national, enterprise, and industry
levels in the formal and informal sectors.
The Challenge
It is for musicians to organise into a strong union for representational
purposes under the banner of the national trade union body to promote
and protect their interests and rights. This would enable representative
engagement with relevant government agencies and Employers in dialogue
which can result in mutual agreement on the way forward for decent work –
protection of rights, ensuring adequate income, social protection, and
opportunities for ongoing dialogue.
An accord (protocol) can be negotiated among the key stakeholders and
relevant national agencies concerning decent work for musicians and their
intellectual property rights. This can be an early goal for a nationally organised,
or reorganised or revitalized national trade union of musicians in Jamaica.
This requires a determined will and leadership on the part of musicians
themselves and national agencies, and the commitment of the key stakeholders
for the achievement of social and economic rights balance against corresponding
responsibilities and obligations and in the interest national of the community.
Ladies and gentlemen best wishes for a bright future for our musicians in
Jamaica and this part of our world.
Thank you for your kind attention.
Samuel J. Goolsarran
Labour-Management Consultant
21 January 2008
9