XI INTER-AMERICAN
CONFERENCE OF MINISTERS OF LABOR October 20-21, 1998 DECLARATION OF VIÑA DEL MAR (Adopted at the third plenary session, held
on October 21, 1998,
We, the Ministers participating in the
Eleventh Inter-American Conference of Ministers of Labor of the Organization of American
States, held in Viña del Mar, Chile, October 20 and 21, 1998, meeting to analyze the
issues of "Globalization of the Economy and its Social and Labor Dimensions" and
"Modernization of the State and Labor Administration: Requirements and
Challenges," HEREBY DECLARE: 1. That our deliberations are taking place within the framework of the guidance and commitments of the First and Second Summits of Heads of State and Government of the Americas, held in December 1994 and April 1998, respectively; the Plans of Action agreed upon at those events; and the Declaration of Buenos Aires, signed on the occasion of the Tenth Inter-American Conference of Ministers of Labor, in October 1995, and its Declaration, presented at the Meeting of Ministers of Trade of Belo Horizonte, held in May 1997. Similarly, we have taken into account the suggestions of the four working groups, established at the Tenth Conference, and the progress that has taken place since then. 2. That in the context of the strengthening and deepening of democracy in our nations, we reiterate that the ethically, socially, and politically fundamental objectives that should guide the design and implementation of the policies for growth, modernization, and economic integration currently in progress are those which lead to economic and social development that can ensure the promotion of equal opportunities for progress and the eradication of poverty and all forms of discrimination, that is, equity and social justice. 3. That we adopt the concept of human development, as defined at the 1995 World Summit in Copenhagen, as the notion that best expresses and synthesizes the above-mentioned objectives. Within that conceptual framework, the world of work is one of the fundamental areas in which human development can and should be realized. 4. That consistent with the foregoing, we hold that the policies that are the basis for the economic growth needed for social development --in particular, free international trade, economic integration, the stimulation of productive investment, the incorporation of advanced technologies, as well as policies aimed at achieving sound macroeconomic balances, economic stability, institutional modernization, the adequate functioning of labor markets, and enhancing the competitiveness of firms and countries --should be designed in such a way that they produce more and better-quality jobs, consistent with internationally-recognized core labor standards. This presupposes jobs that ensure economic and professional compensation to workers, in accordance with their productivity, and that offer them and their families effective opportunities for social and human advancement, always taking into account the dignity of the role of work in our societies. 5. That such policies should be concerned, in particular, with initiatives aimed at improving the status of those who are already employed and should recognize the fundamental need to promote the incorporation of those who seek employment, especially youth, women, migrants, persons with disabilities, minorities and other vulnerable groups; those who have been affected by the restructuring of production processes; and those who operate in the informal and other precarious sectors of the economy. 6. That the above-noted policies should be carried out within the framework of individual and collective labor laws, based on the actual situation of each country, that guarantee labor standards which correspond with the core labor standards established by the International Labour Organisation (ILO) and reiterated in the Declaration on Fundamental principles and Rights at Work and the follow up thereon, adopted by the ILO members during the International Labour Conference, in June 1998. This requirement is especially pertinent in view of the commitment adopted at the Second Summit of the Americas to ensure greater observance and promotion of these internationally accepted norms. 7. That the objectives set forth here call on the Governments, and in particular the Ministries of Labor, to actively deal with a set of strategic issues stemming from the new realities in the world of work, resulting from the above-noted processes of economic and trade internationalization, the speed of technical innovation, and the structural and institutional changes associated with these processes. To this end, our Ministries of Labor should modernize and strengthen their capabilities in order to address these new challenges and to participate more effectively in the formulation of policies on these issues. 8. That taking into consideration among other relevant background material, the analyses and recommendations of the First and Second Summits of Heads of State and Government of the Americas, and of the Tenth Inter-American Conference of Ministers of Labor, the progress made since then, the national experiences in the Region, and the suggestions of the four working groups created at the Tenth Conference, as well as its Declaration, submitted to the Ministers of Trade at Belo Horizonte in May 1997, we have identified the following areas as deserving of priority attention from the Governments and the Ministries of Labor: the role of the Ministries of Labor; employment and the labor market; vocational training; labor relations and basic workers' rights; social security; health and safety; enforcement of national labor laws and administration of justice in the labor area; and social dialogue. 9. That to implement actions
aimed at carrying out the tasks that stem from the foregoing agenda of priority issues, WE RESOLVE:
We, the Ministers of Labor of the Americas, meeting at Viña del Mar, Chile, October 20 and 21, 1998, on the occasion of the Eleventh Inter-American Conference of Ministers of Labor of the Organization of American States, determined to promote the objectives of the Declaration of Viña del Mar, reaffirm our commitment to carry out the following Plan of Action. GLOBALIZATION OF THE ECONOMY AND ITS SOCIAL AND LABOR DIMENSIONS The Ministries of Labor:
Special attention should be paid to the increased mobility of labor, both between and within sectors, stemming from the aforementioned processes; this phenomenon is producing changes in the pace and turnover periods of the labor force and different forms of work organization, among others. b) Shall study the systems for determining remuneration levels which are also affected by the above-mentioned changes, paying special attention to identifying current practices in the region that have proven successful in guaranteeing an adequate and just relationship between workers' incomes and their level of productivity, quality, and professional training. Special attention should be given to collective bargaining experiences, considering its fundamental place in determining remuneration levels. c) Shall undertake to identify conceptual, institutional, and operational designs for professional education and training systems, programs and activities in their countries, placing priority on identifying those policies that can harmoniously integrate the objectives of the public and private sectors, and that provide the appropriate incentives to encourage shared responsibility and funding mechanisms. Special attention should be given to identifying policies for the education and training of youth, women, migrants, persons with disabilities, minorities, and other vulnerable groups, those affected by restructuring and those working in the informal and other precarious sectors of the economy; workers in small businesses and micro-enterprises, and persons unemployed due to economic and technological change. In addition, they shall encourage public and private systems of education and information on labor issues, with a view to facilitating the connection between the supply of and demand for jobs, and assist workers in selecting the training options best suited to finding employment. They shall also study systems for certifying professional skills in order to have relevant and uniform information on the characteristics and quality levels of the labor force that has completed professional education and training programs. d) Shall examine, in accordance with the situation of each country, the possibility of establishing systems to provide economic assistance to unemployed workers, evaluating current experiences and paying special attention to their positive results as well as to the problems that have arisen, in light of international experience.
As in the areas of forms of work organization and employment regimes, the most appropriate modalities need to be found for the various situations that are emerging. It is also necessary to identify the most effective procedures in the area of collective bargaining, in the context of the legal, institutional, social, and economic characteristics of each country that make it possible to give most workers and employers access to adequate forms of collectively determining working conditions and employment. Special attention should be given to sectors that are increasingly characterized by temporary work, subcontracting, fixed-term work, part-time work, or by other forms that depart from permanent employment contracts, as they require collective bargaining mechanisms that respond to their particular conditions. The absence of regulations that are geared to these realities leads in many cases to the failure to ensure basic rights, to unilateral decisions that affect working conditions, and even to disputes that are aggravated by the lack of agreed-upon rules. Similarly, ever mindful of the realities of each country, the implementation of certain forms of collective determination of wages and working conditions and employment in areas where this is possible and compatible with national institutional arrangements, is also to be recommended for the public sector. We believe that economic integration and its benefits will undoubtedly be strengthened and supported to the extent that the guidelines set forth above are actively implemented, considering in particular the relevant criteria adopted in the Constitution and Conventions of the ILO. b) Shall seek to promote organizations of workers and employers as an essential tool for achieving labor relations based on equity between the parties. This presupposes paying special attention, as appropriate, to formulating or improving norms that guarantee that parties participate in collective bargaining in firms or at other levels, on an equal footing. In particular, priority should be assigned to norms that make it possible to ensure access to the necessary information for more technical and cooperative action, respect for the freedom of association, protection for the rights of representation and autonomy set forth in national legislation, and in general the observance of the guidance that emanates from the Constitution and Conventions of the ILO on freedom of association and collective bargaining. c) Shall develop initiatives aimed at establishing, or strengthening where they already exist, a wide variety of tripartite or bipartite social dialogue forums as may be appropriate at the national, sectoral, or regional levels, and based on the situation in each country. We believe that the legitimacy of the regional and international economic integration processes, as well as of the institutional and labor modernization that stem from them, will find its most solid foundation in social dialogue; consequently, we encourage the Ministries of Labor, Governments, and the social actors to give priority to social dialogue as an instrument of labor policy. Similarly, at the regional level, entities such as the Consultative Forum on Economic and Social Matters of MERCOSUR, and similar ones that may be promoted in the framework of the hemispheric and sub-regional integration efforts under way, should be actively supported. d) Shall promote alternative mechanisms for the resolution of labor disputes. e) Shall provide background information on national practices, as well as on initiatives that would allow for the formulation of recommendations regarding judicial and procedural functions of labor courts.
As a result of expanding economic and commercial trade in the countries, migratory flows in the Hemisphere have increased. To ensure that citizens are not excluded from social security plans as a result, it is suggested that governments study and design appropriate policies to meet these challenges.
MODERNIZATION OF THE STATE AND LABOR ADMINISTRATION: The Ministries of Labor:
b) Shall strengthen their capacity to produce relevant empirical information on the realities of the world of work and to process it as a foundation for policy-making. This is basic for increasing the technical capabilities of the Ministries' functions. In this regard, we reiterate what was agreed upon at the Tenth Conference with respect to giving the highest emphasis to actions in this area. c) Shall make the necessary efforts to become recognized sources of public information on labor relations, employment, labor markets, professional training, working conditions, labor legislation, labor aspects of integration policies, and other similarly important issues. d) Shall play a leadership role in convening social dialogue forums of different types. The Ministries of Labor should play the role of catalyst in bringing together Government and the social actors in this area. Promoting areas and matters for consensus building in the economic, social, and labor areas should be a policy priority for Ministries of Labor.
b) They shall promote the modernization of the institutional design for inspection, and the methodologies to be used. The harmonization of certain labor standards in the context of those regional and sub-regional integration processes that are proposing to do so, can only be seriously analyzed based on the efficacy that the countries display, in the first instance in observing their own laws. Priority should be assigned to cooperation among employers, workers, and public enforcement agencies in preventive efforts by promoting education about the legislation and ways to implement it, and through joint preventive programs. At the same time, it is important that governments strengthen their enforcement capacity in the field, providing the resources needed to this end, including the continuous training of enforcement personnel in modern enforcement techniques, and mass dissemination through the media of the rights and duties set forth in law, among other public education initiatives.
The working groups will be as follows: 1. GLOBALIZATION OF THE ECONOMY AND ITS SOCIAL AND LABOR DIMENSIONS This group shall take up the following issues in sub-working groups: "Social dimension of the
integration processes" "Transformations in the
structure and functioning of the labor markets and of the labor regimes" "Professional education and
training" "Systems for assisting
unemployed workers"
"Modernization of the
Ministries of Labor" "Modernization of the role of the
state with respect to the fundamental rights of workers" "Modernization of the labor
courts" "Social dialogue, negotiation,
and collective bargaining" Institutional support for these working groups and working sub-groups will be sought from the OAS in the areas of coordination and Secretariat, as will the permanent and direct collaboration of the ILO, IDB and ECLAC in these tasks, as well as from other international agencies in their respective areas of competence.
THE XI INTER-AMERICAN CONFERENCE OF MINISTERS OF LABOR, CONSIDERING: The guidelines and commitments of the First and Second Summits of Heads of State and Government of the Americas, held in December 1994 and April 1998, respectively; The Declaration of Viña del Mar, adopted by the Ministers of Labor on October 21, 1998, and its Plan of Action; The need to define guidelines for the work of the Conference, in particular the work of the Chairman pro tempore and of its working groups, with a view to ensure effective implementation of the Plan of Action, RESOLVES THE FOLLOWING:
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