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BRIEFING BY THE DEPARTMENT OF LABOUR ON THE CONVENTIONS OF THE ILO REFERRED TO THE COMMITTEE

RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO). BRIEFING BY THE DEPARTMENT OF LABOUR ON THE CONVENTIONS OF THE ILO REFERRED TO THE COMMITTEE 30 JULY 2014. CONTENTS.

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BRIEFING BY THE DEPARTMENT OF LABOUR ON THE CONVENTIONS OF THE ILO REFERRED TO THE COMMITTEE

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  1. RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) BRIEFING BY THE DEPARTMENT OF LABOUR ON THE CONVENTIONS OF THE ILO REFERRED TO THE COMMITTEE 30 JULY 2014

  2. CONTENTS • RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) • RATIFICATION OF A NEW INTERNATIONAL LABOUR ORGANISATION (ILO) RECOMMENDATION CONCERNING NATIONAL FLOORS OF SOCIAL PROTECTION

  3. RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) BACKGROUND • In 1986 the International Labour Conference discussed and adopted an Instrument of Amendment proposing changes that affect 11 of the 40 articles within the Constitution of the International Labour Organisation (ILO). • The main objective of the proposed Amendment is to make membership of the Governing Body of the International Labour Organisation more representative by providing a means of appointment that takes into account the various geographic, economic and social interests of its constituent groups. Chief Directorate Communication | 2011.00.00

  4. RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) BACKGROUND Cont. • With this Amendment members of the Governing Body will increase to 112 - and the manner of their allocation will also be affected. • Of these 56 seats are allocated to government representatives, 28 each will be allocated to employers' and workers' representatives. There would no longer be seats guaranteed for the member States of chief industrial importance.

  5. RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) ABOUT THE INSTRUMENT The Amendment addresses four main areas: • The composition and governance of the Governing Body of the Office; The principal reasons for proposing the amendment were to give the Governing Body a more representative membership by providing a means of appointment of its members that took into account in a more contemporary manner the various geographic, economic and social interests of its constituent groups. • The procedure for appointment of the Director-General; The Director-General of the ILO would continue to be appointed by the Governing Body but the appointment would be submitted to the International Labour Conference for approval.

  6. RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) ABOUT THE INSTRUMENT Cont. • Voting at the International Labour Conference; and Constitutional provisions relating to international labour conventions and recommendations would require three-fourths of the votes cast and would have to be ratified by three-quarters of the Members for it to come into effect. • Rules governing how the Constitution may be amended. Any amendment to the Constitution, will require two-thirds of votes cast and ratification by two-thirds of the Members would be required to take effect.

  7. RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) THE AFRICAN GROUP DELIBERATIONS • The composition of the Governing Body has been of significant interest to the African Group. The Group has been actively engaged in deliberations within the International Labour Organisation governance structures on ways to address the historical geographical imbalance in regional representation on the Governing Body. • The African Group was clear and unanimous in its view that Africa has been historically discriminated against in terms of the composition of the Governing Body. The Group also agreed that the 1986 Amendment represents the ultimate goal of equitable, non-discriminatory representation of all regions within the Governing Body.

  8. RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) ENDORSEMENTS The ratification of the ILO instrument was endorsed by: • The African Renaissance Committee on 21 May 2013; • The International Cooperation Trade and Security (ICTS) cluster on 21 July 2013; and • The National Economic Development and Labour Council (NEDLAC). • Cabinet

  9. RATIFICATION OF THE 1986 INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL LABOUR ORGANISATION (ILO) RATIFICATION OF INSTRUMENT OF AMENDMENT • As at 03 February 2014, ratification stands at 102 Member States, including two of Chief Industrial Importance (India and Italy). In this regard, entry into force of the 1986 Amendment requires a further 22 ratifications including at least three more from the States of Chief Industrial Importance. • 44 African countries have ratified the Instrument. THE DEPARTMENT OF LABOUR REQUESTS: • The approval by the Labour Portfolio Committee with the view to finalise the ratification process.

  10. RATIFICATION OF A NEW INTERNATIONAL LABOUR ORGANISATION (ILO) RECOMMENDATION CONCERNING NATIONAL FLOORS OF SOCIAL PROTECTION

  11. RATIFICATION OF A NEW INTERNATIONAL LABOUR ORGANISATION (ILO) RECOMMENDATION CONCERNING NATIONAL FLOORS OF SOCIAL PROTECTION BACKGROUND • Recommendations serve as non-binding guidelines • The International Labour Conference (ILC), adopted a new international labour standard a Recommendation Concerning National Floors for Social Protection. • The new Recommendation provides guidance to member states in building comprehensive social security systems and extending social security coverage by prioritising the establishment of national floors of social protection accessible to all in need. 11

  12. RATIFICATION OF A NEW INTERNATIONAL LABOUR ORGANISATION (ILO) RECOMMENDATION CONCERNING NATIONAL FLOORS OF SOCIAL PROTECTION BACKGROUND Cont. • The new Recommendation complements the existing Conventions and Recommendations. In particular, it assists member states in covering the unprotected, the poor and the most vulnerable, including workers in the informal economy and their families. It thereby aims at ensuring that all members of society enjoy at least a basic level of social security throughout their lives. 12

  13. RATIFICATION OF A NEW INTERNATIONAL LABOUR ORGANISATION (ILO) RECOMMENDATION CONCERNING NATIONAL FLOORS OF SOCIAL PROTECTION OBJECTIVE of the new Recommendation Reaffirming that social security is a human right and a social and economic necessity, the Recommendation provides guidance to countries: • in establishing and mainlining national social protection floors as a fundamental element of national social security systems; and • in implementing their floors within strategies for the extension of social security that progressively ensure higher levels of social security to as many people as possible, guided by ILO social security standards. 13

  14. RATIFICATION OF A NEW INTERNATIONAL LABOUR ORGANISATION (ILO) RECOMMENDATION CONCERNING NATIONAL FLOORS OF SOCIAL PROTECTION • The guidance provided by the Recommendation represents a major step toward ensuring universal access to basic income security, food security, adequate nutrition, health care and other essential services (such as education, housing, water and sanitation and other services, as nationally defined). • It contributes to the global Social Protection Floor Initiative, which is supported by a large coalition of international organisations and development partners. • National social protection floors, as fundamental elements of national social security systems, constitute an essential element of national and international policies aimed at building more inclusive societies and economies. 14

  15. RATIFICATION OF A NEW INTERNATIONAL LABOUR ORGANISATION (ILO) RECOMMENDATION CONCERNING NATIONAL FLOORS OF SOCIAL PROTECTION THE SOUTH AFRICAN CONTEXT • South Africa’s current social security system is reasonably comprehensive by middle-income country standards. • The system is broadly comprised of an extensive social assistance programme and a number of social insurance programmes, and is underpinned by an entrenched Constitutional right to social security. 15

  16. RATIFICATION OF A NEW INTERNATIONAL LABOUR ORGANISATION (ILO) RECOMMENDATION CONCERNING NATIONAL FLOORS OF SOCIAL PROTECTION ENDORSEMENTS The Recommendation was endorsed by: • The African Renaissance Committee (ARC); and • The International Cooperation Trade and Security (ICTS). • Cabinet THE DEPARTMENT OF LABOUR REQUESTS: • Given that Recommendations serve as non-binding guidelines the Department of Laboursubmits this Recommendation for noting by the Labour Portfolio Committee (LPC). • ILO Member states are required to submit international labour standards adopted by the International Labour Conference to its Parliament. The aim of this obligation is to ensure that competent authorities examine the instruments with a view to their enactment or other action. 16

  17. Thank You…

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