The Labour Dimension of Regional Integration and Free

Trade Agreements in the Americas. An Update.

Second Working Groups Meeting in the framework of the XIII IACMLBuenos Aires

April 11-13, 2005

This document

Updates the findings of the study Updates the findings of the study presented in presented in BahiaBahia under the title “The Labour Dimension of under the title “The Labour Dimension of the Regional Integration and Free Trade the Regional Integration and Free Trade Agreements in the Americas Agreements in the Americas “ “

After two years, as the World Commission on After two years, as the World Commission on Globalization points out, the importance of this Globalization points out, the importance of this process is still recognized.process is still recognized.

Moreover, integration processes continue, and Moreover, integration processes continue, and new FTAs are being signed.new FTAs are being signed.

Nevertheless,

The technical debate continues on the labour The technical debate continues on the labour dimension as relevant either to labour law or to dimension as relevant either to labour law or to work and productive progress as such. work and productive progress as such.

The pending problem continues to lie with The pending problem continues to lie with enforcing the rights by means of national law and enforcing the rights by means of national law and improving the space for participation in the improving the space for participation in the negotiation process involving the social actors.negotiation process involving the social actors.

Conclusions

There have been no important changes in There have been no important changes in normative development concerning labour normative development concerning labour

Further development of domestic legislation is Further development of domestic legislation is still neededstill needed

In many countries there persist serious limitations In many countries there persist serious limitations in compliance with existing rules and in compliance with existing rules and commitments, because of both non-compliance commitments, because of both non-compliance with the law and the presence of wide sectors of with the law and the presence of wide sectors of employment that are not covered by labour employment that are not covered by labour legislationlegislation

Conclusions

Application of the law presents problems. Weak labour Application of the law presents problems. Weak labour administrations.administrations.

Far from distroying employment or depressing wages, Far from distroying employment or depressing wages, integration enhances respect for fundamental rights.integration enhances respect for fundamental rights.

There is a consensus on the need to neither promote nor There is a consensus on the need to neither promote nor accept spurious competitiveness based on failure to accept spurious competitiveness based on failure to comply with the fundamental rights at work.comply with the fundamental rights at work.

Social actors want to participate in the processSocial actors want to participate in the process More TC is neededMore TC is needed

Subregional Conclusions

CAN: 2004 commitment to eliminate child CAN: 2004 commitment to eliminate child labourlabour

CARICOM. New debates on labour CARICOM. New debates on labour administrationadministration

MERCOSUR employment forumMERCOSUR employment forum NAFTA discussions provide new NAFTA discussions provide new

opportunitiesopportunities SICA continues work at presidential summitSICA continues work at presidential summit

Points to be kept in mind

There are few steps forwardThere are few steps forward LMs need strengtheningLMs need strengthening Some integration processes need to improve Some integration processes need to improve

their legal referencestheir legal references Linkage among the social actorsLinkage among the social actors More sharing of subregional experience More sharing of subregional experience

and information is neededand information is needed

Suggestions

National legislation needs improvingNational legislation needs improving Enforcement mechanisms need improvingEnforcement mechanisms need improving Social actors should play an active partSocial actors should play an active part Technical cooperation should be improved Technical cooperation should be improved

and designed appropriatelyand designed appropriately SMBs should be included in the processSMBs should be included in the process Employment generationEmployment generation