PRELIMINARY DOCUMENT FOR DISCUSSION

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REGIONAL INTEGRATION AND FREE TRADE IN THE AMERICAS:

THE LABOUR CHALLENGE IN SICA

Project: Fundamental Principles and Rights at Work in the context of the XII IACML -OAS

December 2003

TABLE OF CONTENTS

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PRELIMINARY CONSIDERATIONS 4

1. INTRODUCTION 5

2. FROM ECONOMIC INTEGRATION TO SOCIAL INTEGRATION 62.1. Existing asymmetries and the formation of the Central American Integration System 6

2.1.1. Macroeconomic Indicators 62.1.2. Historical background of the formation of the Central American Integration System (SICA) 7

2.2. The Central American Social Integration Sub-system and Participation of Civil Society 7

2.2.1. The organization of the Central American Social Integration Sub-system 82.3. Effect of the ILO declaration in relation to the fundamental principles and rights at work in community regulations 10

2.3.1. General Framework for the Promotion and Protection of Human Rights 102.3.2. Promotion and Protection of Certain Particular Fundamental Rights 112.3.3. Regional Sectorial Projects for the Promotion and Follow-up of Fundamental Rights at Work 132.3.4. Santo Domingo’s Sub-regional Labour Agenda: A Synthesis of Regional Provisions Concerning Fundamental Principles and Rights at Work 14

3. ANALYSIS OF THE VARIOUS LEGAL INSTRUMENTS COMPILED 183.1. Freedom of Association and Trade Union Freedom and Effective Recognition of the Right to Collective Bargaining 183.2. The Effective Abolition of Child Labour 213.3. Elimination of Discrimination in Employment and Occupation 22

3.3.1. Gender Equality 223.3.2. Equal Rights for Immigrant Workers 233.3.3. Equal Rights for the Indigenous Population 23

3.4. Abolition of Forced Labour 24

4. ANALYSIS OF PUBLIC POLICIES AND/OR LABOUR REGULATIONS IN FORCE IN COSTA RICA AND PANAMA 254.1. Freedom of Association and Union Freedom and the Effective Recognition of the Right to Collective Bargaining. 254.2. Effective Eradication of Child Labour 264.3. Elimination of Discrimination in Employment and Occupation. 28

4.3.1. Equal Treatment by Gender 284.3.2. Equal Rights for Migrant Workers 29

5. ANALYSIS OF THE CAUSES AND CONSEQUENCES OF THE LACK OF COMPLIANCE WITH LABOUR RELATED LAWS 315.1. Causes 315.2. Consequences 32

6. CONCLUSIONS 33

7. SPECIFIC RECOMMENDATIONS 36

GLOSSARY 37

ANNEXES 39

Annex 1 39Ratification of Fundamental Labour Conventions in the Countries of the OAS 39

Annex 2 40

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Principles and Rights at Work in the Countries of the OAS 40

Annex 3 43SICA: Tripartite Agreement of Santo Domingo for a Sub-regional Labour Agenda 43

BIBLIOGRAPHY 46

OTHER BIBLIOGRAPHICAL SOURCES 48

VIRTUAL SOURCES 48

PRELIMINARY CONSIDERATIONS

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The information here presented is preliminary for the discussion of Working Group 1 members of the Inter American Conference of Minister of Labour of the Organization of American States (IACML-OAS).

The Article presented here was prepared from the study of labour aspects of the SICA made by Alexander Godínez Vargas, Doctor of Labour Law, Universidad Complutense of Madrid, Coordinator of the Master of Labour Law at the Universidad Estatal a Distancia of Costa Rica for the Project Fundamental Principles and Rights at Work in the context of the XII IACML-OAS, which sponsors this publication.

The study considered the current labour legislation in SICA and its member countries Belize, Costa Rica, El Salvador , Guatemala, Honduras, Nicaragua, Panama and Dominican Republic. Interviews were held with government, labour and employers' representatives of two volunteer countries, Costa Rica and Panama.

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1. INTRODUCTION

The development of this report has been sub-divided into three principal sections, which refer to the socio-laboural aspects of the Central American Economic Integration System (SICA). The first section will explain the current status of SICA, based on its bylaws and the resolutions resulting from Presidential Summits. This will allow an understanding of what has been called the “Central American Alliance for Sustained Development,” within whose framework the regional integration process’ objectives and purposes are developed. The second section is practically an institutional study of SICA, and very particularly, of the Social Integration Sub-system and other regional entities related thereto, to also indicate the entities needed for the participation of the community in its construction. The last section centres around a detailed analysis of regional policies on human rights, follow-up and promotion of the ILO Declaration relative to the Fundamental Principles and Rights at Work, adopted in June 1998.

Subsequent to this, an exhaustive analysis is made of the different laws, decrees and regulations passed by SICA member countries, to establish whether or not this regulatory development is in line with the socio-laboural contents of the bylaws and resolutions derived from the Presidential Summits, Councils of Labour Ministers, and especially of the ILO Declaration of 1998.

An analysis is also made of the public policies and/or labour regulations in force in Costa Rica and Panama, the SICA nations selected for more in-depth studies, to verify if the actions taken in each country have produced a satisfactory degree of compliance with the fundamental principles and rights at work.

As a consequence of the results obtained, especially for the in-depth studies, there will be an indication of the causes and consequences of the lack of compliance with labour laws, specifically with regard to fundamental principles and rights.

In Costa Rica and Panama, the interviews conducted with the different social actors of the labour relations system served as a very valuable source of information, and their results will be included.

The report’s conclusions and specific recommendations are based on the aforesaid documents.

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2. FROM ECONOMIC INTEGRATION TO SOCIAL INTEGRATION

2.1. Existing asymmetries and the formation of the Central American Integration System

To better understand the context in which the economies of the States that are Party to the Central American Integration System (SICA) fit, some of the most important macroeconomic variables and the historical background which produced the integration model are mentioned.

2.1.1. Macroeconomic Indicators

Macroeconomic indicators, together with social development indicators, present such significant asymmetries that they are doubtlessly one of the major obstacles to be overcome in order to attain the harmonic integration of the SICA member countries.

Central American exports1 studied for 2002 totalled approximately US$ 10.4 billion, while imports amounted to US$ 21.7 billion (USA dollars). While exports declined 9.75% compared to 1999, imports rose by 19.95% between 1999 and 2002.

Inter-regional trade represents 27.48% of the total exports expected in 2002, while trade outside the region represents the remaining 72.52%. In imports, trade activities between Central American countries represent 14.21% and imports from the rest of the world account for 85.79%.

The area’s trade deficit2 in the year 2002 was close to US$ 11 billion, with an increase of US$ 900 million over 2001, which represents an additional 8.71%. Costa Rica is largely responsible for this increase, with 59% of the total (US$ 531 million). It must be pointed out that Honduras and Nicaragua are the only countries that managed to reduce their trade deficit, with decreases of 6.01% and 6.41%, respectively.

The area’s Gross Domestic Product3 for 2002 was US$ 31.5 billion. Costa Rica has the highest income in the region, having generated US$ 12 billion (38.39%), while lowest income corresponds to Nicaragua, with US$2.6 billion (8.4%).

1 Source: SIECA, Dirección General de Tecnologías de Información (General Bureau of Information Technologies), based on information provided by the countries in the region: the Bank of Guatemala; the Central Reserve Bank of El Salvador; the National Institute of Statistics of Honduras; the Ministry of Development; Industry and Trade of Nicaragua; The National Institute of Statistics and Census of Costa Rica; the Central Bank of Costa Rica; and PROCOMER.2 Source: SIECA, Dirección General de Tecnologías de Información (General Bureau of Information Technologies), based on information provided by each country: Guatemala: the Bank of Guatemala; El Salvador: the Central Reserve Bank; Honduras: INE; Nicaragua: MIFIC, Costa Rica: the Central Reserve Bank; and PROCOMER.3 Source: SIECA, Dirección General de Tecnologías de Información (General Bureau of Information Technologies), based on information provided by the central banks in each country.

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The Region's Economically Active Population4 totals about 3.22 million, of which 9.4 million are men and 3.8 million are women. The 15 to 30 year segment makes up 55.94% of the total population (7.4 million inhabitants).

The Central American country with the most numerous EAP is Guatemala, with 4 million people, 3.28 million of whom are between the ages of 15 and 50 years (81.58%) and of those, 1.8 million are persons between the ages of 15 and 30 years (45.15% of the total). Meanwhile, in countries like Nicaragua and Panama the unemployment rate exceeded 10% in 2001, whereas in Guatemala, it was less than 4%.

2.1.2. Historical background of the formation of the Central American Integration System (SICA)

In Tegucigalpa, on December 13, 1991, and within the framework of the Eleventh Central American Presidential Summit, the Protocol of Tegucigalpa was signed in accordance with the Charter of the Organization of Central American States (ODECA), thus making up the Central American Integration System (SICA), which is composed of Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, Panama, and the government of Belize, which became a member in December 2000. It came into effect on July 23, 1992.

According to Article 3, paragraph 1, of the Protocol, the main purpose of the new project is to integrate Central America and Panama into a “Region of Peace, Freedom and Democracy and Development.”

The Dominican Republic participated as a special guest at the XIII Presidential Summit held in Panama City in December 1992. Almost five years later, at the Declaration of Santo Domingo, in November 1997, this country, with the approval of SICA members, stated its wish to participate as member of the regional strategy in the political, economic, social, cultural and environmental areas.

Later, on November 27, 2000, Belize, adhering to Article 36 of the Protocol of Tegucigalpa which left open the possibility of this nation joining the agreement, declared its decision to do so.

Some time prior to that, the Region’s Council of Ministers of Foreign Affairs, in a meeting that took place on February 1, 2000, in Comalapa, El Salvador, agreed “to approve the incorporation of the Republic of China as an Extra-regional Observer in SICA”. This decision was finally formalized by SICA's General Secretariat and the Republic of China through an agreement signed in the City of Managua, Nicaragua, on April 24, 2002.

The status as extra-regional observer allows this country to attend the Ordinary Meeting of Presidents and the Council of Ministers (in the different branches or sectors), on an invitation by the pro tempore Chair, through the SICA General Secretariat.

2.2. The Central American Social Integration Sub-system and Participation of Civil Society

4 Source: SIECA based on information provided by different countries and web page http://www.fao.org/ and http://www-ni.laprensa.com.ni/

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Central America is committed to sustainable development based on a comprehensive approach to progress, requiring simultaneous efforts to be made in four basic areas, one of which is the social area.

Simultaneously, since the first Presidential Summit, it has been a constant concern of Central American Presidents to promote the participation of civil society in the development of the integration process.

2.2.1. The organization of the Central American Social Integration Sub-system

According to the Central American Social Integration Treaty, the most important institutional organizations of the Social Integration Sub-system are: the Social Integration Council, the Council of Social Area Ministers, and the Social Integration Secretariat (Article 9).

The Social Integration Council is composed by the Coordinating Minister of the Social Cabinet of each country, and in their absence, the alternate Minister. Its functions, in addition to any others assigned thereto at the Presidential Meeting, include the coordination and initiation of the Social Integration Sub-system. To this end it will prepare, evaluate and update regional social policies with the purpose of putting together a working agenda. This will facilitate the rationalization and coordination of efforts aimed at social development, the promotion of the consistency of agreements adopted by Central American social entities, and for promoting and following up on the social agreements adopted at the Presidential Meetings. Additionally the Council prepares, analyzes and channels proposals on pertinent matters for their subsequent presentation through the competent entities.

The Council of Social Area Ministers is made up of the Ministers' Meeting, which will engage in studying and solving matters specific to its jurisdiction, in accordance with the stipulations set forth in Article 12 of the Treaty. This body should have been comprised of the Labour Ministers of each country; however, in general the officials responsible for the Social Area of the Governments of the sub-region have been selected to participate in the Meetings, and not the Ministers themselves.

Finally, the Social Integration Secretariat is the technical and administrative body of the Central American social integration process, and acts as a Secretariat for those bodies which lack one (Article 13 of the Treaty). Its functions include: ensuring at a regional level, the adequate application of the Treaty and other judicial instruments for regional social integration; executing the decisions made by the bodies of the Social Sub-system; and verifying compliance with the goals and objectives of the programmes and projects defined in this framework, (Article 14 of the Treaty).

Notwithstanding the importance of each entity - in fact they are the main nucleus of the Social Integration Subsystem - they have actually had very little effect on the definition of social policies in the sub-region.

Other regional entities related to the Central American Social Integration Sub-System

The Central American Social Integration Treaty does not exhaust all the entities or bodies whose decisions affect the Central American Social Integration Sub-System.

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Firstly, we must mention the Presidents’ Meeting, the highest body of the Central American Social Integration Sub-System (Article 13 of the Protocol of Tegucigalpa), which, as of the Declaration of Esquipulas I, on May 25, 1986, has held ordinary meetings on 22 occasions, the last of which took place in San Jose, Costa Rica, on December 13, 2002.

Although the Presidents Meeting’s social policy directives should be carried out or implemented with the assistance of the Council of Labour Ministers, the sub-regional body that, after the Presidents’ Meeting, has the greatest strength and incidence on the future of social and labour conditions of the countries of the area, this is not the case at present. This is because there is no formal coordination between both bodies, for while the Presidents' Meetings are encased within the institutional structure of SICA, the Council of Labour Ministers, unlike the other Councils of Ministers, is not, without there being a reasonable or sufficient justification for this.

Secondly, the Central American Parliament (PARLACEN), whose Treaty of Incorporation was signed in Guatemala on October 2, 1987, is SICA's entity “responsible for proposals, analyses and recommendations on political, economic, social and cultural issues of common interest” (Article 1). Its Committee on Social, Labour and Union Issues had been regularly organizing the so-called Central American Labour Conference, which was attended by representatives of the Ministries of Labour, the labour sector and the employers sector of the region. The last of these, the Fourth Conference, was held in Antigua, Guatemala, on March 21 and 22, 2000. By then, however, the activity had been rejected by the employers' sector, which at the meeting of the VII Forum of Labour Coordinators of Central America, Panama and the Dominican Republic, held in Santo Domingo on October 7 and 8, 1999, had agreed to show their concern for the absence of measures to guarantee the objectivity of the work, and a suitable representation of the production sector.

On the occasion of these tripartite activities (specifically during the III Central American Labour Conference held in Managua from September 23 to 24, 1999), the members of the Central American and Caribbean Labour Committee of the Civil Initiative for Central American Integration, made up of representatives of union organizations of the Central American and Caribbean area, constituted the Central American Labour Council as a consulting body in the labour area of the Central American Parliament, but this initiative has not continued to develop.

Thirdly, the Council of Ministers of Labour, which is a sub-regional entity outside the institutional structure of the SICA that meets periodically, should also be included; its last ordinary meeting was held in San José on April 24 and 25 of 2000. This is one of the main sub-regional bodies in matters dealing with the definition and execution of socio-laboural policies and, through the Labour Administrations, should promote the development of the SICA Social Integration Sub-system, following up on the agreements adopted at the Summits or Presidential Meetings. In fact, at the above mentioned San Jose meeting, one of the objectives was to bring about a meeting with the Ministers of Foreign Affairs of the SICA member countries, to discuss, not only the need for labour matters to be included at the Central American Free Trade Agreement (CAFTA) negotiations, but also, that they should be given suitable treatment because of their social dimension.

However, the resolutions adopted at the meetings of the Councils of Ministers, have not yet been supported by a permanent executive secretariat that would ensure an adequate follow-up

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on the commitments made. With the implementation of the Council’s Regulations, approved in January of this year, it is hoped that this organizational deficiency will be rectified.

Participating instances of civil society

Although the Central American Social Integration Treaty anticipated the constitution of the Social Integration Advisory Committee (CCIS), it is related to the SICA Advisory Committee (Article 16 of the Treaty).

With the reform of the ODECA Charter by the Protocol of Tegucigalpa, it was decided that the so-called “Advisory Committee” of the Central American Integration System (CC-SICA) was part of the SICA entities, and that it would made up of the employer, labour and academic sectors and other major forces of the Central American Isthmus, representative of the economic, social and cultural sectors “committed with the integration effort of the isthmus” (Article 12 of the Protocol).

The Committee’s headquarters are in San Salvador, El Salvador, (Article 5 of the Constitutive Bylaws) and were officially installed on November 2, 1995. Although its objectives included the development and strengthening of civil society’s ability to act jointly in the preparation of proposals within the SICA framework (Article 10 of the Bylaws), the truth of the matter is that this has not been achieved; and in fact, its presence within the labour relations system in the sub-region in the last few years has gone unnoticed.

2.3. Effect of the ILO declaration in relation to the fundamental principles and rights at work in community regulations

Despite the approval of the ILO Declaration concerning Fundamental Principles and Rights at Work by the General Conference on June 19, 1998, the actions and regional policies on social issues which have been implemented since that date cannot be studied only as an immediate consequence of that event, they must also be analysed within the context of the commitments assumed by the Central American Presidents at the “II Summit of The Americas”, held in Santiago, Chile, in April of that same year, which were incorporated in the “Declaration of Santiago de Chile” and in its “Action Plan”.

2.3.1. General Framework for the Promotion and Protection of Human Rights

There are no express references made in the Presidential Summits to the 1998 Declaration. However, they do exist, and within them there are a series of resolutions aimed at the generic promotion and protection of human rights. For example, in the “Declaration of Costa Rica” (City of San Jose, December 4, 2000), the Presidents of the area pointed out the need to promote the “democratic clause” in all regional and sub-regional integration mechanisms, in order to ensure compliance with human rights by the nations involved.

Despite this being an entity specialized in labour matters, and one where a greater effect of the 1998 Declaration would be expected, and despite the fact that no mention of these was made at the sub-regional Meetings of Ministers of Labour, concepts that fully contain the fundamental principles and rights at work, such as the ILO's “decent work” proposal, have been introduced. Thus, in the Declaration of San Jose, (Section 2), agreed to on November 12, 1999, it was recognized that “the creation of decent jobs in our countries must be one of

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the main objectives supporting the process of economic integration in the sub-region; and that therefore its promotion is one of the institutional priorities of the Ministries of Labour.” Two years later, in the “Declaration of San Pedro Sula” signed in Honduras on April 27, 2001, this close relationship was reiterated by mentioning “compliance with the fundamental rights at work, as a way to guarantee dignified and decent work”.

As may be seen, there is no formal interrelationship between both sub-regional bodies resulting from some preconceived strategy.

2.3.2. Promotion and Protection of Certain Particular Fundamental Rights

There are very few references, even in the Declarations of the area’s Presidential Meetings, to the 1998 ILO Declaration or to any of the four fundamental rights included therein.

In this sense, it is surprising that only in the final Declarations of the meetings held, for geographical, political or trade reasons, between Presidents of SICA member States and countries located very close to the region, certain measures or regional policies have been surfacing, specifically aimed at promoting and protecting one or more fundamental rights at work.

There is really no justification for this, since it is evident that a Presidential Summit with an extra-regional State should not be a reason to prioritise a given human right of the workers.

Effective abolition of child labour

The abolition of child labour is the right that has been given the most attention in the community's social policy guidelines, and which has brought about one of the very few inter-relationships that is possible to discover between the different sub-regional bodies.

In fact, the eradication of child labour was one of the main issues at the Extraordinary Meeting of the Area's Presidents with the United States of America held in Antigua, Guatemala, on March 11, 1999. A commitment was made in the “Declaration of Antigua”, in accordance with the International Conventions of the ILO, to continue to observe and promote, among other rights, the elimination of any and all types of child exploitation.

Unusually, the agreement adopted by the Central American Presidents was immediately taken up again by the Regional Ministers of Labour in the Declaration of Managua, signed in that city on April 29, 1999, on the occasion of its XIV Meeting. Although not expressly indicated, it also became a follow-up activity of what had already been established in the Memorandum of Understanding between the Council of Ministers of Labour and the United States Agency for International Development (USAID), signed on July 17, 1998, on the execution of activities for the fight against child labour. In any case, in Managua three specific resolutions were approved to continue “in a orderly and systematic fashion” with the policies for the gradual and progressive eradication of child labour and the protection of adolescent workers: a) to declare the programmes and projects developed with this objective in mind as “of special interest;” b) “to analyse the possibilities of additionally implementing regional coverage programmes and projects in areas of common interest for all participant countries;” and c) “revise, at the next ILO Conference, the operational mechanisms of the programmes and projects currently being developed so that they agree with the policies, priorities and needs of each country” on this matter (Sections 1 to 3).

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Another objective was added to this list at the Extraordinary Meeting of the Council of Ministers of Labour, held in San Jose, Costa Rica, on November 12, 1999, where it was resolved to “continue with national endeavours aimed at ratifying, in the short term, ILO Convention 182 and launching, with the assistance of this organization, programmes meant to comply with the objectives of the said Convention” (Section 5). Now, according to the Action Plan attached to the Declaration of San Jose, the deadline for the member States to fulfil these objectives was set in June 2000.

The “Declaration of San Salvador” was signed on the 26th of June 2000, at the Council of Labour Ministers meeting held in El Salvador, reiterating what had been stated at the XIV Meeting of Managua, held in April 1999, namely that “it is a priority to continue with the development of national programmes and projects aimed at progressively eradicating child labour”, which are given “high priority.” Furthermore, since it was obvious that the deadline set at the Extraordinary Meeting of San Jose in November 1999 had also expired, a reminder was issued to the effect that the contents of ILO Convention 182 and its Recommendation 190 “are of special interest;” therefore, “efforts aimed at achieving ratification of this instrument will continue” (Section 5). Such efforts did not bear fruit by the time the Extraordinary Meeting of the Council of Labour Ministers took place, on April 27, 2001, where a reminder was once again issued to continue with efforts at the national level. These national efforts did succeed, and now all countries in the area have ratified ILO Convention 182.

Abolition of Discrimination in Employment and Occupational Matters

Except for certain specific remarks made at the Presidential Summits concerning non-discrimination by gender, Labour Ministers have normally referred to “the more vulnerable labour groups” (Section 4 of the Declaration of San Salvador, May 26, 2000), in which women and immigrants are included.

Nevertheless, important differences exist in the treatment of each of them. While in the case of women there is direct mention of the removal of certain discriminatory barriers which hinder their insertion and participation in society (certainly including employment or career opportunities), in the case of immigrants the language used points to a wider concept, such as ensuring that in the State where they reside, they are recognized and their human rights are respected, despite their migratory status.

As may be noticed, the mandate included in these Declarations is still quite generic. There are still summits or meetings that call for achieving certain objectives, with no evidence of advances or progress made in complying with the resolutions adopted in previous events.

Equal treatment by gender

At the Third Presidential Summit held within the framework of the Dialogue and Exchange Mechanism of Tuxtla (July 17, 1998), in which Mexico participated, there was an encore call “to continue supporting the promotion of women and gender equality.”

Such a broad mandate was taken up once again by the Labour Ministers of the sub-region, who in the Declaration of San Salvador, signed on May 26, 2000 on the occasion of the

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Fifteenth Meeting, restated their commitment to execute all the actions oriented at providing greater protection to discrimination against women (Section 4).

Equal Rights for Immigrant Workers

One of the subjects discussed at the III Presidential Summit held on July 17, 1998, was non-discrimination of the immigrant population, and their rights. It was suggested that the Regional Immigration Conference (CRM), as a forum specialized in multidisciplinary participation, should continue to carry out its activities and projects in this field, and at the same time “promote adequate and permanent solutions to guarantee full respect of the human rights of immigrants, regardless of their migratory status.”

These measures were suggested once again at the IV Presidential Summit, held in the City of Guatemala on August 25, 2000.

Some time prior to this, without expressly mentioning its relationship with the above, the Area's Labour Ministers, in their “Declaration of San Jose”, signed on November 12, 1999, commissioned the pro tempore Chair of the Labour Ministers Council (which at that time fell on Nicaragua) to design, no later than March 2000, and in accordance with the Action Plan attached to the Declaration, “a technical diagnosis proposal concerning the nature and scope of inter-regional labour migration,” to be submitted to the ILO, “with the purpose of securing its assistance in the management process for the identification and achievement of the required technical and financial support.” The above notwithstanding, at the Extraordinary Meeting of the Labour Ministers Council held in San Pedro Sula on April 27, 2001, the diagnosis had not yet been submitted, and it was rather decided to request the technical assistance needed for its preparation. The final result of this initiative is unknown.

2.3.3. Regional Sectorial Projects for the Promotion and Follow-up of Fundamental Rights at Work

For several reasons, the organized social actors in the region have had different positions with respect to the ILO Declaration of 1998, principally because of their own capacity for dialogue and the internal organization of their groups.

In the employers' sector, the so called “Forum of Labour Coordinators of Major Business Organizations of Central America, Panama and the Dominican Republic” –with whose activity Haiti remains in constant contact- holds periodical meetings, and although there is still some difficulty as to how to increase its coverage at the micro-business level, its degree of representation is sufficiently high to avoid any type of questioning.

There are various subjects present in these activities in relation to the strengthening and following up of the fundamental rights included in the ILO Declaration of 1998.

There are references of the sector's concern with inter-regional migration movements, especially after the effects caused in the region by Tropical Depression Mitch (V Forum of Coordinators, Guatemala City, November 19 and 20, 1998). There is also evidence of the commitment to include the issue in the agendas of the major businesses for follow-up purposes (VI Forum of Coordinators, Tegucigalpa, May 13 and 14, 1999). However, there is no mention to the effect that such interest is related to the elimination of all forms of

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discrimination in the treatment of immigrant workers; neither has an action plan been prepared in this respect.

More explicit and clear is the handling of the child labour eradication issue, especially the regional performance of the ILO International Program for the Eradication of Child Labour (IPEC). In this respect, the employers’ sector considers that certain modifications must be introduced, such as: a) to increase the inter-relationship between leaders of business organizations, workers and governments, especially prior to the adoption of projects, to ensure a greater degree of pertinence, effect and sustainability; b) to consider social profitability of the resources in order to improve the efficiency and impact of the activities, and to make sure that they are coherent with each country’s needs and priorities; and c) with the support of business leaders, to establish clear criteria for the selection of non-government organizations to be hired to work together in the execution of these activities (14 th Forum of Coordinators, Managua, November 7 and 8, 2002).

However, the same does not hold true in the union sector, where, in spite of the formal existence of the Central American Workers' Council as an advisory body on labour matters in the Central American Parliament, the absence of an actual, permanent and general entity grouping all labour organizations is still a task to be completed.

2.3.4. Santo Domingo’s Sub-regional Labour Agenda: A Synthesis of Regional Provisions Concerning Fundamental Principles and Rights at Work

The “Tripartite Sub-Regional, Labour Relations, Social Dialogue and Democratic Governability Encounter: Toward a Labour Agenda,” was held on May 24, 2002, in the city of Santo Domingo, with the attendance of government delegates and representatives of workers and employers of Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and the Dominican Republic.

The final outcome of the Sub-Regional Tripartite Encounter was the acceptance of the “Santo Domingo Agreement for the Adoption of a Tripartite Sub-Regional Labour Agenda”, which is in turn the result of the sub-regional social dialogue which the social actors and the governments, together or separately, had been promoting under the sponsorship of the ILO itself, and in turn with the support of the "Union Freedom and Collective Bargaining in Central America and Belize" (RELACENTRO) and Promotion of Social Dialogue in the Central American Area (PRODIAC) projects.

The Agenda has a double purpose. On the one hand, it allows for guidance to be provided for “action priorities of the constituents of the ILO;” and on the other, it defines “the demands for technical assistance to be required by governments and social actors in the next two-year term”.

In accordance with the previous point, the Santo Domingo Agreement includes the following as part of its action priorities: a) the “generation of decent jobs;” b) “compliance with the labour laws of each country, in agreement with the ILO fundamental conventions related to freedom of association and the right to organise, as well as the effective recognition of the right to collective bargaining (Conventions No. 87 and No. 98), the elimination of all types of forced or compulsory work (Conventions No. 29 and No. 105), the progressive eradication of the worst type of child labour (Conventions No. 138 and No. 182), and the elimination of discrimination in matters of employment and occupation (Conventions No. 100 and No.

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111);” c) “respect for the ILO Declaration related to the fundamental principles and rights at work, the promotion of employment and decent work, the adoption of adequate occupational health and safety practices, and the promotion of gender equality;” d) the “strengthening of inter-relationships between the productive process, workers and employers, for social dialogue, as well as bipartite and/or tripartite efforts;” e) the preparation of studies and the support of “action programmes on the issue of labour immigration in the sub-region;” and f) “equal opportunities and treatment of male and female workers).”

As a complement to the above, the parties that signed the Sub-Regional Labour Agenda, requested the ILO to continue offering through the Multidisciplinary Technical Advisory Team (ETM), headquartered in San Jose, Costa Rica, and the technical cooperation programmes and projects, “all the technical assistance required for follow-up and execution of the Agenda.”

This follow-up and execution should take place through the national tripartite entities and the existing regional forums, such as the Council of Ministers of Labour, the Sub-Regional Employers' Forum, and an eventual Workers Forum which may be formed. Furthermore, the ILO was urged to call for a sub-regional meeting to evaluate the results of this Agenda and establish future actions.

To this date, Costa Rica's Superior Labour Council, at its Ordinary Meeting No. 36, held on August 28, 2002, was the first in the sub-region to approve the ratification of the Central American Labour Agenda and its incorporation into its own labour agenda.

In turn, the Council of Ministers of Labour of Central America, Belize, Panama and the Dominican Republic, at its meeting held in San Pedro Sula on January 24 and 25, 2003, agreed to request the assistance of the ILO to organize a new Sub-Regional Tripartite Encounter to examine the follow-up and execution of the Agenda, and in particular of the issues of fundamental rights at work, certification of labour skills, labour migrations, social protection, social security, and employment. As a follow-up on this agreement, at the Meeting held in San Jose, Costa Rica, on April 24 of this year, it was resolved to hold the meeting in the second semester of this year.

At the same time, the union sector had met in Antigua from November 20 to 23, 2002, with the attendance of representatives of the workers' organizations of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and the Dominican Republic and of regional delegates from the International Confederation of Free Trade Unions (ICFTU), the Inter-American Regional Workers' Organization (ORIT), the World Confederation of Labour (WCL), and the Central American Labour Coordination (COCENTRA), at what was called the “Sub-Regional Union Meeting to Follow up on the Santo Domingo Agreement.”

For the union movement, the follow-up on that agreement needs actions and proposals both at the national as well as the sub-region level. Therefore, the following are established as the lines of action for national follow-up:

a) “Joint discussion and union action in each country, for the appropriation of the Agreement.”

b) Promotion of “a Dialogue Culture to face the challenges deriving from compliance with the Agreement of Santo Domingo.”

c) Conversion of the Santo Domingo Agreement and the social dialogue, “in issues forming part of the national agenda, preparation of a plan of action which will allow

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the movement of workers, promote the follow-up of the Agreement until the objectives set forth in the agenda are met.”

d) Promotion of “compliance with labour laws in accordance with ILO Fundamental Conventions.

e) Socialization of the Santo Domingo Labour Agenda “throughout the entire National Union Movement and its mass dissemination (social communication media) to the other actors of society.”

f) The achievement of “sensitization concerning the Labour Agenda in other sufficiently representative social agents, in quest for social peace and the establishment of tactical and strategic alliances with different sectors to announce compliance with the Agreement.”

g) The petition to the ILO, of the “continuity of its policy to provide technical assistance to union organizations, asking it to sponsor actions in each country for compliance with the Agreement and encouragement of the Social Dialogue.”

h) Promotion of “a tripartite meeting in each country so that the parties will make commitments, and to establish joint follow-up mechanisms (businessmen, workers, governments), to promote and make viable the necessary tasks” leading to compliance with the agreements.

i) The petition “for the ILO to urge the States to become guarantors that the social dialogue will not be used with utilitarian motives by some sector, to improve the attitudes and behaviour historically displayed by the economic and political sectors to deny the right to engage in transparent dialogue concerning issues of national interest, creating a new dialogue culture that will instil trust and credibility into the actors of tripartism, complying with the mandate emanating from the prologue of its constitution, to guarantee social justice and peace.” And

j) Reinstatement, consolidation or constitution of the higher labour council and the economic and social councils “where they may not exist, attempting to make them work within the framework of true tripartism.”

At the sub-region level, the union movement proposed the following lines of action:

a) “Creation of a synchronized system of actions and proposals within the framework of the labour agenda and social dialogue.

b) “Strengthening and structuring the mechanisms required for the execution of the labour sector within its own space, which will make viable the implementation of sub-regional dialogue over the aspects included in the agenda."

c) “Taking advantage of the experience of the economic and social councils of Spain, Ireland, the Netherlands, Portugal and others.”

d) “A drive by the Sub-region's union officers of inward processes, which will lead to the promotion of the resolutions of the agenda,” as well as of outward processes, “committing business and government heads with regard to compliance with the Agreement.”

e) To promote encounters, forums, subregional , sectorial and tripartite debates to serve as pressure mechanisms to ensure that employers and governments comply with the Agreement.”

f) “Dissemination and implementation of the Agreement in the different scenarios (sub-regional and international).”

g) “The ILO to follow up on the Agreement ensuring compliance on the part of its actors, at the national and regional levels."

h) “To request the participation of the ILO in the different programmes for continued

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support of the process” and to continue “with its policy of providing technical assistance to union organizations with respect to the encouragement of the Social Dialogue." And

i) For the ILO to organize new sub-regional encounters of the union movement, concerning follow-up of the Agreement, and a specific conference or tripartite sub-regional meeting to follow-up and evaluate the progress of the Agreement.”

Concerning the sub-regional union encounters, a proposal was made for holding two during the course of 2003, “with the purpose of reporting on and following up on the national coordination processes, covering those issues of the agenda with a sub-regional character and exchanging experiences between union organizations concerning the progress of the process.”

In turn, the Forum of Labour Coordinators of Employer Organizations, in two of their meetings (that of November 7 and 8, 2002, and that of February 20 and 21, 2003) has included in its discussions issues derived from the Tripartite Sub-Regional Labour Agenda, insisting on the need that, with the sponsorship of the ILO, there will be a follow-up on the items on the agenda, especially concerning those related to the development of human resources, certification of labour skills, child labour, and employment generation.

This is the reason why, the Santo Domingo Sub-regional Labour Agenda has become the area's most important agreement in terms of compliance with the ILO Declaration of 1998. The efforts of all social actors, (government, employers and workers), to try and harmonize their social policies are centred on this Agenda. At this time, one of the pillars of the future of Central American social integration is the follow-up to this Sub-Regional Labour Agenda.

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3. ANALYSIS OF THE VARIOUS LEGAL INSTRUMENTS COMPILED

In the national laws approved within each State one does not often find an explicit mention that the decision made is part of the execution of a policy aimed at the promotion and strengthening of the ILO Declaration of 1998, or of an agreement or commitment adopted at a Presidential Summit or at a Council of Labour Ministers Meeting.

It can not be denied that the different national laws approved by SICA State members in matters of fundamental principles and rights at work, are an implicit development of the community provisions on this matter.

Prior to the particular analysis of the measures adopted by each State to reinforce the promotion and application of each of these principles and rights, it is necessary to highlight the efforts made by some countries to implement measures that will allow an effective respect for the legal provisions that apply to labour.

In some cases an attempt has been made to create public official entities entrusted with dealing with complaints filed by citizens for violation of their labour rights, as is the case of the Ombudsman’s Office in the Dominican Republic (Act No. 19-01, of Feb. 1, 2001). In other cases, a way has been sought to make the application of existing procedures more efficient, as in Guatemala, where the jurisdiction for imposing monetary penalties for violation of labour laws has been transferred from the labour courts to the General Labour Inspection Bureau (Decree 18-2001), which in a short time has achieved more satisfactory results.

The measure which Costa Rica implements at this general level is clearer and more direct. Its Directive No. 34 issued by the Executive Branch on February 8, 2002, which is applicable to the entire public sector, stipulates that for all notices for tenders and administrative contracts governed by the Administrative Contracting Act and by the Public Works Concessions Act, the Comptroller General’s Office will ensure that a clause is included requiring contracting companies to comply strictly with the labour and social security obligations, including, therefore, the content of the ILO Declaration of 1998, under the warning that if this is not done, this will be considered as a breach of contract. In consequence, labour inspectors are under obligation to visit the work centres where contracts of that nature are being executed, in order to determine compliance with national and international laws.

3.1. Freedom of Association and Trade Union Freedom and Effective Recognition of the Right to Collective Bargaining

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Of the four fundamental principles and rights at work included in the ILO Declaration of 1998, this is one which does not receive any specific attention in the communities, except in the Sub-Regional Labour Agenda. However, it has caused the highest number of controversies as a result of the many accusations and claims filed mostly by the unions, and consequently, is responsible for most of the rulings by the ILO control agencies.

The Central American union movement has been claiming compliance with this right, through two plans of action, which are in the end complementary to each other.

Normally, the claims have been filed as complaints with the Committee on Freedom of Association, asking it to condemn a certain country for violating ILO Conventions No. 87 and No. 98. This is the case, for example, of the complaint against the Government of the Republic of Panama filed with the ILO Committee on Freedom of Association, on February 20, 2001, by the National Council of Organized Workers (CONATO), an organization of workers that groups all the union associations and confederations of that country.

In other cases and through the American AFL-CIO association, the Commerce Representative of the United States of America was requested to exclude a State from the list of developing countries that are beneficiaries of the General System of Preferences (GSP) and from the benefits of the Caribbean Basin Initiative (CBI), for having violated fundamental rights such as free association, trade union freedom, and collective bargaining.

In recent years, the most significant case has been that of Guatemala, which finally decided in favour of a reform of its Labour Code, passing Decree No. 13-2001, of April 25, 2001, to adjust its contents to those of the ILO International Conventions.

In spite of the previously mentioned mechanisms, different frictions, contradictions and voids still exist in the sub-region between the internal regulations of the States and the ILO Declaration of 1998.

The most important of the issues which must be resolved is the exercise of the right of association, freedom to organize and collective bargaining in the public sector.

The case of El Salvador is interesting, since of all the SICA member countries, this is the only country which has not expressly ratified ILO Conventions No. 87 and No. 98. Faced with the criticisms of the trade union movement, specifically in relation to the existing prohibition for public officials to form unions, which would require an amendment of Article 47 of the Political Constitution and Article 204 of the Labour Code, the government of that country has argued that recognizing a right to unionise to all public servants in general (that is to say, beyond the case of workers of official self-governing state-owned institutions) “would seriously affect the country’s constitutional order.”5

Closely related to this, as it affects the same right to associate or organize, is the case of Panama; the CEACR6 itself has highlighted the need to amend Articles 174 and 178, last paragraph, of Act No. 9 of 1994, which set forth, respectively, that there cannot be more than one association of public servants in a single institution, and that the associations may have provincial or district chapters, but not more than one chapter per province.

5 Annual Reports presented to ILO: 2000 to 2003.6 Individual observation on Convention No. 98, 2002 and Convention No. 87, 2001.

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On the other hand, in the case of Costa Rica the problem is rather the public servants’ right to collective bargaining, which is still subject to different limitations, in spite of the agreements reached within the framework of the National Dialogue Process (1998) and the negotiations held between the main legislative groups and the Executive Branch (1999), as well as the interest showed by the Executive Branch with the passing of the Collective Bargaining Regulations for the Public Sector, which have been in force since June 15, 2001.

As indicated by the Technical Assistance Mission sent by the ILO sent to the country in its final report dated November 20, 2001, the situation has become more serious still because it is quite probable that the last rulings of the Constitutional Court, which recognize the legal prerogative to annul conventional clauses based on plain proportionality and rationality criteria, “may have placed Costa Rica in a situation where it has violated ILO Convention No. 98 with respect to the right to collective bargaining in the public sector.”7

Another common subject is that which refers to the existing obstacles for foreigners to hold management positions in union organizations, demanding a reform in Costa Rica of Article 60, paragraph 2, of the Political Constitution and Article 345, paragraph e) of the Labour Code; in Guatemala, of Article 102, paragraph q), of the Political Constitution and Article 223, paragraph b), of the Labour Code; and in Panama, Article 64 of the Political Constitution.

Another common issue is the mandatory arbitration for the resolution of certain collective conflicts, as is the case in Costa Rica when the employer refuses to negotiate a collective bargaining agreement, (Article 56, paragraph d of the Labour Code); or as in the case of Panama, by unilateral decision of the workers (Article 452, paragraph 2 of the Labour Code).

An issue of singular importance is the weakness of trade union privileges, which require the reinforcement of the existing legal regimen. In the case of El Salvador, where although Article 248 of the Labour Code considers the right to reinstatement for violation of trade union privileges, in practice it has been interpreted that it is the employer who decides if there is actually a reinstatement, or whether workers are paid their full salary due for the entire period of legal protection8. In Honduras, even though Article 113 of the Labour Code stipulates that in case of non-compliance with the order of reinstatement in the position there should be a court action against the employer, in actual practice, before declaring the arrest, it is common to enter into out-of-court negotiations between the employer and the affected worker for the payment of an amount as compensation in lieu of reinstatement9.

Other issues related to union rights, which tend to relate to specific issues in each country and which do not allow for better systematization, are the following: in the case of Guatemala, articles 220 and 223 of the Labour Code require that the person should be a worker of the company or of the economic activity in which the organization is located to become a union official; while in Panama, Article 41 of Act No. 44 of 1995 requires too large a number of members to make a professional organization of employers (10) and even a larger number to make up a workers' organization in the company (40).

7 Report on the ILO Technical Assistance Mission, November 20, 2001.8 Labour Legislation in El Salvador: report prepared by the author for the Inter-American Labour Cooperation Office of the Ministry of Human Resources Development of Canada, March 2002.9 Labour Legislation in Honduras: report prepared by the author for the Inter-American Labour Cooperation Office of the Ministry of Human Resources Development of Canada, March 2002.

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In matters of collective bargaining, the CEACR has advised the Costa Rican government “to have independent persons carry out an investigation of the reasons for the increase in the number of direct agreements reached with non-union workers;”10 historically, such "direct agreements" have been related to activities of the solidarity movement in that country. While in the case of Panama, Article 427, paragraph 3) of the Labour Code sets limitations so that it will be the workers who decide on their representatives (delegates and advisors) in the collective bargaining process; and Article 510, paragraph 2) of the Labour Code imposes disproportionate penalties for the abandonment of conciliation or for not replying to the list of claims.

With respect to exercising the right to strike, in Costa Rica there is still an absolute prohibition of the right to strike in the railroad, sea and air transport industries (Article 376, paragraph c of the Labour Code); in Guatemala, inter-union solidarity strikes are prohibited –distinct from political strikes- (Article 4, paragraph j of Decree No. 71-86) and even criminal penalties could be imposed against workers who exercise their right to strike and to the organizations to which they belong, without limiting these sanctions to fraudulent acts which cause damage beyond what is normal (Article 390, paragraph 2 of the Criminal Code); while in Panama, there is a restriction of the possibilities of collective bargaining related to payment of salaries in case of strike (Article 524 of the Labour Code), in transport services a minimum of 50% of the personnel must remain at work, (Article 185 of Act No. 99 of 1994) and the shutdown of the company, establishment or business is ordered in case of strike (Articles 493, Section 1 and Article 497 of the Labour Code).

It has been positive in principle that in Costa Rica, with the passing of the Worker Protection Act (No. 7983 of February 16, 2000), there has been an attempt to give the union movement the opportunity to manage part of the workers’ money, previously coming from severance pay, which up to that time was a monopoly of the solidarity associations and placed them at a noticeable disadvantage. This is a reform which has not had and will not have the desired effect, because it has been impossible for the unions to comply with the legal requirements that were set for that purpose.

Other executive branch incentives have had better luck in that same country to counteract what seemed to be excessive regulations of the Labour Code, which tends to limit the organizational autonomy of the unions. In fact, the Minister of Labour’s Office, through resolutions DMT-0967-2000 and DMT-0967-2000 (Both are the same!), both of September 11, 2000, has attempted to give the questioned regulations an interpretation closer to that relating to the right of freedom of association, including the act of rendering the text non-applicable.

3.2. The Effective Abolition of Child Labour

This is not a matter of regulatory provisions which must be amended, but rather of various regulatory strategies which have been used in the different countries to fight this scourge.

In some cases institutional conditions have been created that have made it possible to later execute an action plan or given public policy. Such is the case of Honduras, which through Decree No. 17-98 of September 7, 1998, created the “National Commission for the Gradual

10 Individual Observation on Convention No. 98, 2002.

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and Progressive Eradication of Child Labour”, whose most important task was the definition of a National Action Plan for the Gradual and Progressive Eradication of Child Labour11.

In other cases, attention has focused on the regulation of the overall work conditions of this collective aspect, or of some specific matter, such as the minimum age for admission to employment or occupation. Examples of the former case exist in Costa Rica, such as Executive Decree No. 29220-MTSS of October 30, 2002, which governs the work conditions that must prevail in the recruitment of adolescents; and in Honduras, Executive Resolution No. STSS-211-01 of October 10, 2001, which contains the Regulations of Child Labour in Honduras. An example of the latter case would be the Panama Maritime Authority (AMP), which approved Resolution ADM No. 063-2001 of April 16, 2001, amended by Article 36 of Resolution 603-04-62 ALCN of June 13, 1998, setting at 17 years the minimum age for eligibility to work aboard Merchant Marine Ships flying the Panamanian flag.

There are also provisions referring to measures aimed at reinforcing surveillance and sanction procedures to be followed in the case of violations of regulations currently in force. Thus, with regard to the first aspect, the measures are aimed at strengthening inspection services, as is the case, for example, of Costa Rica, which, through Directive No. 1 of March 13, 2001, provided that in order to focus on the problem of child labour in the communities, a labour inspector should be appointed in each Regional Office of the National Labour Inspection Bureau, who, in coordination with the Childhood and Adolescents Councils, the guardian committees of each community, and non-governmental organizations, should establish the actions required to eliminate child labour and protect adolescent labour, within the framework of the public policies being implemented by the Ministry of Labour and Social Security. In the same context, in Nicaragua, it has been decided for the Ministry of Labour to have a Child Labour Inspection Bureau (Article 238, Item 2 of Decree No. 71-98 of October 30, 1998), whose duties include the monitoring of compliance with regulations, guaranteeing the precautionary measures needed to prevent the violation of rights and the issuing of remedies in cases of violation.

With respect to the second aspect, for example, Panama has opted for imposing harsher penalties, and to that effect it passed Act 38 of July 10, 2001, concerning domestic violence and child and adolescent abuse, amending Article 215 of the Penal Code, so that a person abusing a child or adolescent under the age of 18 will be punished with two to six years of imprisonment, or with a corrective safety measure, or both.

3.3. Elimination of Discrimination in Employment and Occupation

Although there are no references to non-discrimination policies in favour of the indigenous population at the SICA level, there has been concern in certain countries, such as in Guatemala, to pass regulations on the matter. Article 14 bis of the Labour Code of that country prohibits discrimination based on race, religion, political opinion and economic situation only, but not for the other reasons included in ILO Convention 111. Therefore, it should be expanded to include the other criteria related to colour, sex, national background and social origin.

3.3.1. Gender Equality

11 VV.AA. National Action Plan for the Gradual and Progressive Eradication of Child Labour in Honduras: Phase I (2001 - 2006), Honduras, December 2001, Pages 51 and 52.

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The steps taken by the area’s governments on this issue are quite varied. They could have easily formed part of a more precise list of actions to be taken, within the scope of the Declaration of San Salvador of 2000. Such actions include those aimed at coordinating institutional efforts to achieve a rational use of existing resources. In Panama, for example, a law has recently established a Network of Government Mechanisms comprised of the Women Affairs Department in Government Institutions, coordinated by the National Women Affairs Bureau. An executive decree was passed in Costa Rica in January 2000, stipulating the obligation of ministry bodies to create Gender Units. As a result of this, the Gender Equality Unit was created in June 2000, which through Executive Decree No. 29221 - MTSS, dated January 9, 2001, became institutionalized as the government body responsible for, among other aspects, defining gender-related directives and policies and providing technical assistance during the execution and evaluation of the National Plan on Gender Equality at Work.

There are also provisions that reinforce the legal system in matters related to equal opportunity, as is the case of Panama, with the passing of Act No. 4 of January 29, 1999, compelling the government to implement a public policy aimed at promoting equal opportunity employment, including, among others, those which would facilitate women’s equal access to jobs, as well as their inclusion in positions of high responsibility, especially in sectors which have been traditionally dominated by men (Article 11).

Specifically, the legislation enacted to remove obstacles existing as far as access to jobs is concerned, includes Executive Decree No. 53 of June 25, 2002, containing the Regulations for the aforementioned Act No. 4 of January 29, 1999, prescribing that, among other definitions, discrimination against women at work includes the request for pregnancy tests and photographs (Article 38). Something similar was provided in Honduras, with the passing of Decree No. 34-2000, which is the Equal Opportunity Act for Women, prohibiting as a pre-requisite to hiring, requests for pregnancy tests (Article 46).

The two regulations mentioned above contain a similar provision concerning the subject of access to training: Panama’s Act No. 4 of January 29, 1999, requires the State to adjust formal and non-formal education and technical training programmes so that women will become qualified for better paying jobs (Article 11), and Honduras’ Decree No. 34-2000 prohibits gender discrimination in the development, education and training areas (Article 49).

Last, but not least, reference should be made to Decree No. 80-98 passed by the Congress of the Republic of Guatemala, dated November 19, 1998, revoking Article 114 of the Civil Code, which prescribed a husband’s right to oppose his wife taking a job if he earned enough money to support the family.

3.3.2. Equal Rights for Immigrant Workers

With the passing of Executive Decree No. 27457-G-RE of December 1998, the government of Costa Rica, starting in February 1999, instituted measures aimed at the regularization of the immigration status of foreigners, in order to, among other aspects, reinforce their right to work under conditions equal to those of its own citizens.

By way of an amnesty granted, foreigners from Central America who were residents in the country were able to obtain a temporary residence card allowing them to work, provided they had entered the country prior to November 9, 1998. This immigration policy benefited mainly

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the Nicaraguan population. With this measure, nearly 155,000 persons formalized their residence status (97% Nicaraguans), of which 126,000 were approved (95% Nicaraguans)12-.

3.3.3. Equal Rights for the Indigenous Population

In the case of Guatemala, a series of Legislative Decrees and Government Resolutions have been passed with the purpose of improving the labour conditions of workers in the agricultural sector, where an important number of indigenous people work. This legislation included Government Resolution No. 020-2000 of March 1, 2000, and Government Resolution No. 838-2000 of November 29, 2000, fixing minimum wages for agricultural and non-agricultural activities, and Legislative Decree No. 18-2001 of May 14, 2001, which, among other matters, eliminated the restriction to strike imposed on farm workers during the harvest season.

3.4. Abolition of Forced Labour

According to the comments made by the CEACR to the government of Guatemala, pursuant to Article 47 of the Penal Code, prison terms can be imposed, with the obligation to work, as punishment for making certain political statements, as measures for indiscipline at work, or because of participating in a strike, as is the case of articles 396, 419, 430 and 390, paragraph 2, of the same Code.

A similar situation is found in Belize with provision 35 (2) of the Trade Union Act and provision 17 contained in the Criminal Code Act, as stated by the CEACR, which recommended the revocation of both provisions; and therefore, the prohibition of this type of penalty in cases of indiscipline at work and participation in strikes.

12 These data are taken from a report on gender and migration prepared by consultant Ana Isabel García for the ILO Regional Office in San Jose.

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4. ANALYSIS OF PUBLIC POLICIES AND/OR LABOUR REGULATIONS IN FORCE IN COSTA RICA AND PANAMA

The success of the efforts deployed by the area’s countries toward the promotion and protection of fundamental rights at work has largely been due to the financial support provided by international projects operating in the sub-region, especially under the coordination and technical direction of the ILO Area Office of San Jose, now the Sub-regional Office of the ILO for Central America.

These projects’ work programmes have been approved by the Meeting of the Area's Ministers of Labour, who in this way have made the programmes’ objectives and activities their own, supporting through each country's ministerial bodies the tasks being carried out in their territory.

The SICA member countries considered for this more in-depth analysis are Costa Rica and Panama.

4.1. Freedom of Association and Union Freedom and the Effective Recognition of the Right to Collective Bargaining.

It must be recalled that in this specific subject, because of a lack of regional regulations or agreements, with the obvious exception of the Sub-Regional Labour Agenda, the policies or actions followed by the countries are rather an answer to the observations made by ILO control bodies.

In the concrete case of Costa Rica, there are two actions or policies to be highlighted, which also agree with the observations made by the CEACR and with the commitments of the country to that effect. The first one is oriented to the introduction of legal reforms which will guarantee collective bargaining in the public sector; and the second measure is meant to reinforce already existing judicial procedures in case of violations of the freedom of association.

With respect to the first issue, the Executive Branch submitted draft bills to the Legislative Assembly, including, on the one hand, the constitutional amendment of Article 192 of the Political Constitution to guarantee collective bargaining in the public sector; and on the other, the draft bill for the Act on Collective Convention Bargaining in the Public Sector, which also adds Paragraph 5 to Article 112 of the General Public Administration Act. These initiatives were previously analyzed and approved by the Labour Reforms Commission of the

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Executive Labour Council (a tripartite body). Simultaneously, ILO Conventions No. 151 and No. 154 were also submitted to the Legislative Branch for consideration of ratification.

Nevertheless, given the numerous attempts made to this effect in previous occasions, the fact that the bills have been submitted does not guarantee that they will be passed in the short term.

Concerning the second issue, the slow pace of judicial proceedings, particularly with regard to violations of union rights, the Judiciary and the Ministry of Labour have been working jointly in recent years on a reform of the labour process that will guarantee a greater degree of effectiveness of the protection regimen, but no standard text is available as yet.

On the other hand, in the case of Panama, with the endorsement and all-out support of the Ministry of Labour and Employment Development, the ILO RELACENTRO Project has started the second phase of the Fair Labour Practices and Decent Work Program, which is conducted at the company level. The programme aims at strengthening collective relationships within the company, while at the same time meeting specific productivity indicators.

4.2. Effective Eradication of Child Labour

The Government of Panama has taken two actions so far: the emergency programmes, which try to solve the more visible problems that have had the greatest impact on society, and permanent care programmes.

Insofar as the emergency programmes are concerned, there are three cases which can be cited as examples13, where various public institutions have joined on an ad-hoc basis.

The first is the creation of the “Interinstitutional Committee to Examine the Problem of Children and Adolescents Who Go to the Cerro Patacón Waste Dump”, which has started monitoring the place more frequently to detect the presence of children in the area, implementing tighter access controls and creating awareness in the workers of the site.

The second case is the integration of the “Interinstitutional Committee to Look After the Situation of Children and Adolescents Who Work as Supermarket Packers”, attempting to sensitize the sector’s businessmen about the existing regulations, promoting a search for alternatives to children through the programmes known as “Businessman Godfather”, “I am a Businessman” and “Educational Promotion”. What is pending still is the sensitization of children and adolescents, as well as their quantification which will require the use of some measuring instrument.

The third case, the “Child Labour Inspection Rounds”, have been carried out in the agricultural sector, which in the year 2000 accounted for 51.2% of working children14.

Additionally, the Ministry of Labour and Employment Development has a permanent Child Labour Care Program, executed through the Department of Child Labour Care of the

13 Report of the Government of Panama on ILO Convention 182, for period starting June 15, 2000, and ending June 30, 2002, Pages 43 - 47.14 ILO / IPEC. Country Program to Combat the Worst Forms of Child Labour in Panama: 2003 - 2005, Panama, 2002, Page 3.

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National Labour Inspection Bureau, whose objectives are the following: a) to monitor and ensure compliance with the social focus of labour laws, their regulations, contracts, ratified agreements and Family Code with respect to working children; b) to develop programmes aimed at the elimination of the worst forms of child labour; c) to manage the application of the Labour Code, the Family Code, ILO Conventions 138 and 182 ratified by Panama, and other constitutional grounds relative to labour law; d) conduct inspection visits to companies, in order to supervise permits, contracts, wages, types of work, shifts, social security registers and working hours of working children; and e) update the inspectors on the use of the Labour Information System (SIL).

Also, with the assistance of IPEC/ILO, various research projects have been carried out to determine the list of jobs which can be easily identified as the worst form of child labour15. Thus, for example, a diagnosis was made of the “Status of Domestic Child Labour in Panama” by the Panamanian Association for the Defence of Occupational Health (APADESO); another diagnosis of the “Elimination of Commercial Sexual Exploitation of Children and Adolescents in Panama” was made by the Women's Institute of the University of Panama; and a third diagnosis of “the Dimension, Nature and Socio-Economic Environment Surrounding Child and Adolescent Labour in the Coffee and Sugar Cane Industries” was made by the Centre for Urban Research and Social Promotion (CIPSU) of the Catholic University of Santa María la Antigua (USMA). The Child Labour Statistics and Monitoring Project (SIMPOC) is also being carried out, with the purpose of knowing the magnitude, extent and characteristics of child labour. The objective of all of these projects is to structure the design of the pertinent policies and action plans.

Looking to the future, the most ambitious project that is being carried out in Panama for the eradication of child labour, is the so-called “Country Wide Program to Combat the Worst Forms of Child Labour in Panama”, with a duration of 32 months (October 2002 - May 2005), funded mainly by USDOL and within the framework of the International Program for the Eradication of Child Labour (IPEC/ILO).

At the national level, the project will be focusing on two key areas: a) the reinforcement of the national capacity to carry out policies and programmes aimed at the prevention and eradication of the worst forms of child labour; and b) the improvement of mechanisms to ensure compliance with the law. Furthermore, locally, there will be direct action of three types: a) registration and retention of children in the educational system; b) sensitization and mobilization of the target population; and c) improvement of family income.

It is anticipated that 1,000 children and working adolescents, aged between 5 and 17 years, and at least 200 families will be the direct beneficiaries of the programme. Children will benefit from educational programmes and social services, while families will be given vocational technical training and the promotion of opportunities to generate higher income.

All of the project’s activities will be coordinated by the National Committee for the Eradication of Child Labour, which was created in 1997 with the participation of 18 entities representative of the government, business (the National Private Businesses Council, CONEP), and workers (the National Workers Council, CONATO) sectors and civil society. The Committee has the advisory assistance of IPEC/ILO and other United Nations agencies and international cooperation organizations.

15 Report of the Government of Panama on ILO Convention 138, for the period starting on June 15, 2000, and ending on June 30, 2002, pages 26 - 27.

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In the case of Costa Rica16 - which is similar to Panama- with the technical and financial support provided by the IPEC/ILO Program, efforts have been made not only to get a better understanding of the target population, but also to prioritise cases needing more urgent public action.

With respect to the required information, in July 2002 a Special Child and Adolescent Labour Module was applied in the Multi-Purpose Homes Survey carried out each year by the National Institute of Statistics and Census.

Action aimed at immediate results has also been implemented: the Office for Monitoring of Child Labour and Protection of Adolescent Workers of the Ministry of Labour carried out during 2002 and 2003 the programmes “Elimination of Child Labour in the Coffee Industry in Guanacaste,” and “Elimination of Child Labour in the Coffee Industry in Turrialba.” During previous periods (1999-2001)17 other programmes had been implemented, such as the “Prevention and Eradication of Child Labour in Mollusc Extraction Activities and Fishing Activities in the Gulf of Nicoya and in the Community of Punta Morales,” and the “Gradual Eradication of Child Labour and Protection of Adolescent Workers at the Cartago Central Market and Farmers’ Fair.”

Also, in 2002, through the execution of the “Immediate Care Program”, the Ministry of Labour, together with other institutions, cared for approximately 3,221 boys, girls and adolescents, achieving the educational reinsertion of nearly 1,350 of these children.

Not withstanding the above, in spite of the efforts made to reinforce the legal framework related to the recruitment of minors, and surveillance and control mechanisms on the part of the Labour Inspection Bureau, no actions have been implemented yet that will indicate the actual impact of such measures or lead to their application.

4.3. Elimination of Discrimination in Employment and Occupation.

The policies and action plans aimed at promoting non-discrimination are related to two specific subjects: gender and immigrants. Although gender-related activities are more common in the countries consulted, immigrant-related actions have evolved further in Costa Rica.

4.3.1. Equal Treatment by Gender

In the year 2000, the Ministry of Youth, Women, Childhood and Family Affairs, through the National Women’s Bureau and the National Women's Council, under the sponsorship of the Program for the Promotion of Equal Opportunities in Panama (PROIGUALDAD) and the United Nations System’s Gender Group, and partially funded by the European Community, put together an Equal Opportunity Plan for Women (PIOM 2002-2006), based on the national diagnosis made previously.18

16 Ministry of Labour and Social Security of Costa Rica. 2002 Reports, San Jose.17 Ministry of Labour and Social Security of Costa Rica. 2001 Report, San Jose, Page 40 and 2000 Institutional Report, San Jose, pages 51 and 52.18 Ministry of Youth, Women, Childhood and Family Affairs. National Women’s Bureau. Third “Clara González” National Report: Status of Women in Panama, 2000-2001, Panama, 2002.

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The Plan19 contains planning schemes for each of the 12 areas identified “as being the most sensitive for the condition and position of women due to the magnitude of the inequality predominant in each of them.” With respect to labour matters, the idea is to improve the level of incorporation of women into the labour market and narrow the gap between men and women in exercising the right to work, leading to the definition of an action line and its corresponding strategic objectives: a) to encourage the execution of a policy of equal opportunity in employment and occupation for women; b) to achieve changes in existing regulations and practices, aimed at guaranteeing the insertion of women into the labour market, under the same conditions as men, and ensure compliance with them; c) to promote the insertion of women into the labour market without discrimination based on sex, race, disability, age, and other factors; d) to facilitate the execution of studies, research, generation of information and its dissemination concerning the status of women in the labour area; and e) to strengthen capacities and establish synergies with the key agents of the public and private sectors which will make it possible to accomplish a higher degree of insertion of women into the labour market under equal opportunities.

The actions identified to carry out each of the strategic objectives include all the actions described in Executive Decree No. 53 of June 25, 2002, which regulates Act No. 4 of January 29, 1999.

At the same time, through the National Women’s Bureau, with the approval of the Comptroller General’s Office through the National Institute of Statistics and Census, and with the financial and technical support of the Promotion of Equal Opportunities in Panama (PROIGUALDAD) Program and the assistance of various civil organizations, the Ministry of Youth, Women, Childhood and Family Affairs designed the Panamanian Gender Oriented Indicators System (SIEGPA).20

In Costa Rica, during the year 2002, the Gender Equality Committee of the Ministry of Labour and Social Security was in charge of carrying out21 activities involving the training of women in labour rights, an institutional sensitization task on the subject of gender, dealing with inquiries made through the toll-free “800-Trabajo” line, and the preparation of a “Guide of Fair Labour Practices for Gender Equality.”22

4.3.2. Equal Rights for Migrant Workers

This subject has special relevance for Costa Rica, which houses large numbers of migrant worker from the same sub-region. The actions deployed by that country must be understood to be complementary to the legal measures adopted since February 1999, aimed at the regularization of the migrant status of foreigners.

Accordingly, in 2002,23 thanks to the coordination of the Labour Migration Technical Area of the Ministry of Labour and Social Security, and the General Immigration and Foreign 19 Ministry of Youth, Women, Childhood and Family Affairs. National Women’s Bureau. Equal Opportunity Plan for women in Panama, PIOM II 2002-2006, Panama, 2002. The cited text is on page 7 and the action line and strategic objectives in the labour area can be found on pages 5 to 65.20 Ministry of Youth, Women, Childhood and Family Affairs. National Women’s Bureau. Panamanian Gender Oriented Indicators System, Panama, 2002.21 Ministry of Labour and Social Security of Costa Rica. 2002 Reports, San Jose.22 Ministry of Labour and Social Security of Costa Rica. Guide of Fair Labour Practices for Gender Equality, San Jose, 2002. The work was the product of a cooperation relationship promoted by the Women’s Bureau of the Department of Labour of the United States with the Gender Equality Unit of the Ministry of Labour of Costa Rica.23 Ministry of Labour and Social Security of Costa Rica. 2002 Reports, San Jose.

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Resident Affairs Bureau, work permits have been granted as the labour market actually demonstrates that the need exists, making sure not to affect the recruitment of Costa Rican labour.

The monitoring of labour needs, especially Nicaraguan labour, has focused on seasonal farming activities (rice, beans, sugar cane, coffee, oranges and melons), with special emphasis on the Pacífico Seco and Huerta Norte regions, which are near the border with Nicaragua.

Institutional coordination has also taken place between the Labour Migration Technical Area of the Ministry of Labour and Social Security, the General Migration and Foreign Resident Affairs Bureau, the Costa Rican Social Security Association and the National Insurance Institute, to effectively monitor the rights and duties of foreign workers.

In turn, the Ministers of Labour of Costa Rica and Nicaragua have signed bilateral agreements for the management of the migratory labour volumes, with the participation of the IOM, ILO and UNHCR, among other organizations.

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5. ANALYSIS OF THE CAUSES AND CONSEQUENCES OF THE LACK OF COMPLIANCE WITH LABOUR RELATED LAWS

There are different causes that give rise to non-compliance with the labour laws related to the fundamental principles and rights at work. As a consequence of this, there is an increase in the number and intensity of labour conflicts without the appropriate administrative and legal procedures meant to prevent them, to the detriment of company productivity and the well-being of workers.

5.1. Causes

The inefficiency of the labour regulations is a permanent challenge which has existed since the creation of Labour Law. Insofar as the SICA is concerned, the best known of these are probably the following:

First of all, there are cultural factors. An example of this is the “anti-union type of culture” which is strongly rooted in our societies,24 which supports the belief that trade union organizations are a source of problems and an obstruction for the proper running of the companies.25

The same also happens when one examines the presence of indigenous children performing agricultural tasks; this problem is not only related to socio-economic factors but also to the cultural conditioning of indigenous people to family work.

It is also true that there is a great deal of ignorance about the nature and scope of social protection regimes among the beneficiaries of these, and thereby the insistence and justification of activities aimed at advising and sensitizing.

Also, both the Labour Inspection’s administrative services, and the justice department, remain ineffective in dissuading violators from carrying out unfair labour practices or illegal endeavours which damage the fundamental rights of the workers in their occupation.

In so far as the Labour Inspection limitations are concerned, some data from Guatemala can be cited: the number of inspectors is still insufficient to cover the Work Force and the existing work centres26. Thus, in relation to the estimated work force for 2001, there was one inspector for every 16,522 persons. If this is tied to the working population affiliated to the

24 As recognized in El Salvador by the Autonomous Union of Salvadoran Workers and the Democratic Workers Union. Annual Report submitted to the ILO, 2003.25 MINUGUA. Situation of the labour commitments of the Peace Agreements. Verification Report. Guatemala, 2000.

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Guatemalan Institute of Social Security (IGSS),27 there was one inspector for every 3,349 persons. If it is referenced to the number of employers registered with the IGSS, there is an average of 148 employers per inspector in the formal sector of the economy.

Secondly, the assigned budget is still low. In Panama,28 during the year 2002 the National Labour Inspection Bureau was allocated 3% of the Ministry’s global budget.

Lastly, the salaries earned by the inspectors, compared with the average salaries in the public sector, are among the lowest. In Honduras,29 the earnings of an inspector (I, II, III) vary between Lps (lempiras) 4,950 and Lps 7,900, equivalent to US$ 292.00 and US$ 464.00, respectively.

In turn, the delays in the administration of justice are evident and manifest and a concern for the ILO's control agencies, since they make the planned protection schemes completely vulnerable.

In fact, the CEACR30 has reminded the Government of Costa Rica that with respect to complaints about anti-union discrimination acts “it has always insisted on the necessity to institute quick, accessible, low cost and impartial measures, to prevent anti-union discrimination acts or to remedy them as soon as possible.” In this sense, “the Commission begs the Government to consider amending the legislation so that the labour processes related to anti-union discrimination acts can be sped up and dealt with in a swift manner, guaranteeing the execution of court sentences through efficient means.”

5.2. Consequences

Non-compliance with the fundamental principles and rights at work has many different consequences, especially in terms of productivity.

A proposal was made to this effect by the ILO RELACENTRO Project team, within the Fair Labour Practices and Decent Work Program, which aims at creating productivity indicators for each one of the components in which it is possible to sub-divide the concept of decent work.These are some of the positive indicators mentioned:

Work that is done under conditions of freedom promotes the following: improved use of the workers’ experience and a greater degree of commitment in the

betterment and execution of the company's different systems or productive methods, stimulating more productivity by the workers;

a greater level of dialogue, and a reduction of internal labour conflicts as well as of the costs of their proceedings;

a decrease of lost work time as a result of the implementation by the workers of collective activities associated with the internal labour conflicts.

26 The data is provided by Luis Felipe Linares López. Guatemala’s Final Report within the PROLAB, OIT/SIECA Project, 2003.27 Labour Statistics Bulletin, 2001. Ministry of Labour and Social Security. Guatemala, December 2002.28 Data provided by Vasco Torres De León. Panama’s Final Report within the PROLAB, OIT/SIECA Project, 2003.29 Data provided by Edgardo Cáceres Cáceres. Honduras’ Final Report within PROLAB, OIT/SIECA, 2003 Project.30 Individual Observation on Convention No. 98, 1999.

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Work that is done under equitable conditions promotes: improved work environment that stimulates the workers' productivity; reduction of internal labour conflicts and the costs of their proceedings; and optimum use of the human resources available inside or outside the company.

Work that is done under dignified human conditions promotes an improvement of the company’s image and prestige which strengthens its position in the market and increases its sales.

6. CONCLUSIONS

The social actors recognize the importance of international integration; and in this particular case, that they form part of the Central American Integration System in the current state of international relations, characterized by the effects of globalisation.

For those same actors, within the framework of the Central American Integration System, policies can be designed to allow the standardization of efforts directed at strengthening the integration model itself and at facing Free Trade Treaty negotiation processes. In that sense, they feel that the Central American Parliament (PARLACEN) must promote projects for harmonising regulations, together with the sub-region's Ministers of Labour.

Most of the social actors are totally unaware of the regional regulations referring to the development of socio-laboural issues, and when they say that they know them, they believe that they are general and abstract statements with little or no degree of effectiveness.

These same social actors recognize that the obstacles which prevent better progress in the integration model are found in the socio-laboural and economic asymmetry that exists between the different countries of the sub-region, and the lack of a political will to overcome them.

Concerning socio-laboural and economic asymmetries, the social actors are committed to develop, as part of the sub-regional agenda, initiatives directed toward competitiveness, strengthening professional training and formal educational programmes, as well as housing and health programmes.

While it is true that the social actors believe that socio-laboural issues should be included in the guidelines of the Central American Integration System, they do not believe it convenient for them to form part of the free trade agreements. While for the trade union movement the inclusion of these issues is indispensable and should be accompanied by an effective system of penalties in case of non-compliance, for the employer sector it depends on the purpose which is pursued; this sector rejects outright the possibility of its nature being similar to that of a social clause, such as the workers seek.

The social actors do not believe that the closing down of companies, unemployment or exclusion which have occurred recently in some countries of the area are a consequence of the sub-regional policies implemented in the Central American Integration System; on the contrary, they believe that in general they are a product of poor domestic policies, regardless

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of the fact that these events have occurred concurrently with the implementation of free trade agreements.

For the social workers, the Central American Integration System is a complex and bureaucratic network of bodies and entities of whose existence little is known, and even less is known of the activities they carry out in the socio-laboural field. In fact, the contact that there has been in most cases with the System's official entities, often narrows down to the participation of the social actors and of the labour administrations themselves in specific projects whose execution corresponds to the Central American Economic Integration Secretariat (specifically the activities carried out through the Regional Program for the Modernization of the Labour Market).

The social actors are not aware at all or have very little knowledge of the channels or entities foreseen for the participation of civil society in the construction of the Central American Integration System; in general, they consider that the opportunities to participate in the study of important issues associated with the strengthening of the System have not been sufficient.

Despite the fact that from a material point of view the activities which the Council of Ministers of Labour carry out can be framed within the aims, objectives and commitments of the Alliance for Sustainable Development approved by the Meeting of Central American Presidents, it is an accidental coincidence more than a deliberate inter-relationship between the work agendas of both sub-regional entities.

Although the national action plans executed by the Ministries of Labour may form part of the general strategy devised by the Council of Ministers of Labour to face certain sub-regional problems, the internal government decisions of each country are generally adopted without taking into account their inter-relationship with the former.

Within the Council of Ministers of Labour, so far the lack of a permanent Executive Secretariat has made it impossible to follow up on the previous agreements; that is the reason why their progress has been insufficient.

The main objectives of the commitments made in political and socio-laboural issues by the Presidents of the States that are Party to the Central American Integration System, are the respect, protection and promotion of human rights. In this context, since the early nineties there has been a commitment to promote the fundamental principles and rights derived from ILO Declaration of 1998, although these have never been explicitly mentioned. Consequently, even though particular pertinent international conventions may not have been signed, interest in ensuring compliance with such rules persists, not only in each State individually, but also in the actions and policies which may be agreed upon for implementation in the region.

One of the fundamental rights which has captured the least attention at the Presidential Summits and Councils of Labour Ministers is the freedom of association and the effective recognition of the right to collective bargaining. Simultaneously, this is the right that generates the largest number of complaints from the trade union movements in the region due to the lack of compliance.

While in the private sector the limitations to exercising the right to freedom of association and collective bargaining centre around the prohibition existing in some countries for public

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employees to be able to form unions, negotiate collective agreements or exercise the right to strike in certain public services, in the private sector there is still a business culture which continues to feel that the presence of a union in their companies is absolutely inconvenient, and the actions taken by labour administrations to protect union workers from unfair labour practices are still limited.

It is on this matter where the amendment of national laws has been suggested most often, so that they will be in harmony with the provisions set forth in ILO Conventions 87 and 98.

The fundamental rights which have received the most attention in the Declarations of the Presidential Summits and Councils of Labour Ministers are those related to the effective abolition of child labour and the elimination of discrimination in employment and occupation.

In matters of effective abolition of child labour, in spite of the criticism existing in the union movement, which is of the opinion that the measures have been insufficient and even in some cases, repetitive, it must be acknowledged that it is in this area where the largest number of provisions have been passed and plans of action defined.

With respect to the elimination of all discrimination in matters of employment and occupation, the most sensitive area has been gender issues, and although the social actors indicate that laws have been enacted promoting equal opportunity, this form of discrimination persists, especially with respect to wages.

Although certain types of policies on the equal treatment for the indigenous population and migrant population control have received some very general considerations from the sub-regional bodies, these policies have had very different outcomes in the countries in which they have been implemented to that effect; such are the cases of Guatemala and Costa Rica.

The subject of forced labour has not received much attention in the sub-regional political area. Guatemala and Belize are the only two countries in the region which need to amend their domestic legislation in this area.

There is still a significant degree of inefficiency in labour norms in all the countries of the region, and although the causes for this are varied, and include those of a cultural nature, the administrative actions followed by the Labour Inspection Bureau and the legal actions of the labour courts are still insufficient, both because of the absence of suitable human and material resources and of procedures that require legal reforms to make them more effective.

Gracias a la presencia de diversos Proyectos de OIT en la región, especialmente de IPEC, MATAC, PRODIAC y RELACENTRO, se ha podido subsanar la ausencia de alternativas institucionales subregionales en el marco del Sistema de Integración Centroamericana, que permitan una ejecución rápida y con mayor precisión técnica de los lineamientos que en materia sociolaboral han sido acordados en las Cumbres Presidenciales Centroamericanas o en el Consejo de Ministros del área.

The presence of different ILO projects in the region, especially IPEC, MATAC, PRODIAC and RELACENTRO, have made it possible to rectify the lack of sub-regional institutional alternatives in the Central American Integration System. This has allowed for a swift and

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technically precise execution of the guidelines agreed upon in socio-laboural matters by the Central American Presidential Summits or in the area's Council of Ministers.

In this sense the most ambitious project in the region, and which should be the centre of the social actors’ main tripartite effort and of the ILO itself during the next few years, is the Tripartite Sub-regional Labour Agenda, approved in Santo Domingo on May 24, 2002. This agenda is vital because it encompasses the strategy for carrying out national actions within SICA, framing these in a sub-regional policy that promotes the ILO Declaration on fundamental principles and rights at work, and the objectives and principles of the Central American Alliance for Sustainable Development (ALIDES).

7. SPECIFIC RECOMMENDATIONS

7.1 The Central American Social Integration Sub-system should be the governing entity which, in support of the Presidents' Meeting, will execute or coordinate the activities or commitments assumed by the various governments in the socio-laboural field.

7.2 The Council of Ministers of Labour, which is formally outside the institutional structure of the Central American Integration System, should be part of the Central American Social Integration Sub-system and have under its responsibility the execution of the tasks assigned for the Subsystem.

7.3 The work carried out by the CC-SICA should be evaluated as soon as possible, and the reforms necessary to guarantee an effective participation of civil society in the construction of the SICA must be promoted.

7.4 It is necessary to implement a programme for the dissemination of socio-laboural policies agreed to in the framework of the SICA, which will allow the social actors to have a more clear understanding of the work which the different institutions carry out in the Integration System.

7.5 The observations made by the Committee of Experts (CEACR) on the inconsistencies existing between provisions of the internal legislation of certain States and the text of the fundamental Conventions, should be reviewed by the actors involved in order to adapt the national legislation to the fundamental principles and rights at work contained in the ILO Declaration of 1998.

7.6 Regardless of the above, the policies or action programmes approved by internal governments in matters of fundamental rights at work should clearly identify the institutions responsible for their execution.

7.7 The necessary institutional and judicial amendments should be implemented to allow a better and more efficient application, follow-up and control of labour provisions, especially in matters of workers’ fundamental rights.

7.8 The necessary efforts should be made to guarantee the follow-up and execution of the Sub-regional Labour Agenda approved in Santo Domingo in May of 2002, incorporating it into the work plan of the national tripartite entities and of the sub-region's Council of Ministers of Labour.

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GLOSSARY

AFL-CIO : American Federation of Labor-Congress of Industrial OrganizationsALIDES : Central American Alliance for Sustainable Develoopment (SICA)ANAD : National Association of Democratic LawyersCAFTA : Central American Free Trade AgreementCC-SICA : "Advisory Committee" of the Central American Integration SystemCBI : Caribbean Basin InitiativeCCIS : Social Integration Advisory Committee (SICA)CEARC : ILO Committee of Experts on the Application of Conventions and

Recommendations CHEP : Honduran Council for Private EnterpriseCIPSU : Centre for Urban Research and Social Promotion of USMA (Panama)COCENTRA : Central American Labour CoordinatorCODEH : Honduran Committee for the Defence of Human RightsCOIPRODEN : Coordinating Entity for Private Institutions concerned with Children and their

RightsCONATO : National Council of Organized Workers of PanamaCONEP : National Council of Private Enterprises of PanamaCRM : Regional Immigration Conference (SICA)EAP : Economic Active PoblationETM : Multidisciplinary Technical Advisory Team (ILO)FEDECAMARAS : Venezuelan Federation of Chambers and Associations of Commerce and

ProductionGSP : General System of PreferencesIACML : Inter-American Conference of Ministers of LabourICFTU : International Confederation of Free Trade UnionsIHNFA : The Honduran Childhood and Family InstituteILO : International Labour OfficeIOM : International Organization for MigrationIPEC : International Programme on the Elimination of Child LabourMATAC : Project for Modernizing Labour Administration in Central America (ILO)OAS : Organization of American StatesODECA : Organization of Central American StatesORIT : Inter-American Regional Workers OrganizationPANI : National Board for Youth of Costa RicaPARLACEN : Central American Parliament

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PIOM : Plan for equal opportunities for womenPROCOMER : Foreign Trade Promotion Board (Costa Rica)PRODIAC : ILO Programme on Strengthening Democratic Consolidation and Social Dialogue

in Central AmericaPROIGUALDAD : Programme on the Promotion of Equal Opportunities in PanamaPROLAB : Improvement of Practices for Application of Basic Rights at Work (ILO-SIECA)RELACENTRO : ILO Programme on the Promotion of Best Practices in Labour Relations in Central

America and BelizeSICA : Central American Integration System SIEGPA : Panamerican Gender Oriented Indicators SystemSIL : Labour Information System (Panama)SIMPOC : Child Labour Statistics and Monitoring Project (Panama)UNHCR : United Nations High Commission for RefugeesUSAID : United Agency for International DevelopmentUSMA : Catholic University of Santa María la Antigua (Panama)WCL : World Confederation of Labour

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ANNEXES

Annex 1Ratification of Fundamental Labour Conventions in the Countries of the OAS

Freedom of Association and Collective Bargaining

Elimination of Forced or Compulsory Labour

Elimination of Discrimination in Employment and Occupation

Abolition of Child Labour

Country C N° 87 C N° 98 C N° 29 C N° 105 C N° 100 C N° 111 C N° 138 C N° 182Antigua & Barbuda 02:02:1983 02:02:1983 02:02:1983 02:02:1983 02:05:2003 02:02:1983 17:03:1983 16:09:2002Argentina 18:01:1960 24:09:1956 14:03:1950 18:01:1960 24:09:1956 18:06:1968 11:11:1996 05:02:2001Bahamas 14:06:2001 25:05:1976 25:05:1976 25:05:1976 14:06:2001 14:06:2001 31:10:2001 14:06:2001Barbados 08:05:1967 08:05:1967 08:05:1967 08:05:1967 19:09:1974 14:10:1974 04:01:2000 23:10:2000Belize 15:12:1983 15:12:1983 15:12:1983 15:12:1983 22:06:1999 22:06:1999 06:03:2000 06:03:2000Bolivia 04:01:1965 15:11:1973 11:06:1990 15:11:1973 31:01:1977 11:06:1997 06:06:2003Brazil 18:11:1952 25:04:1957 18:06:1965 25:04:1957 26:11:1965 28:06:2001 02:02:2000Canada 23:03:1972 14:07:1959 16:11:1972 26:11:1964 06:06:2000Chile 01:02:1999 01:02:1999 31:05:1933 01:02:1999 20:09:1971 20:09:1971 01:02:1999 17:07:2000Colombia 16:11:1976 16:11:1976 04:03:1969 07:06:1963 07:06:1963 04:03:1969 02:02:2001 Costa Rica 02:06:1960 02:06:1960 02:06:1960 04:05:1959 02:06:1960 01:03:1962 11:06:1976 10:09:2001Dominica 28:02:1983 28:02:1983 28:02:1983 28:02:1983 28:02:1983 28:02:1983 27:09:1983 04:01:2001Dominican Republic 05:12:1956 22:09:1953 05:12:1956 23:06:1958 22:09:1953 13:07:1964 15:06:1999 15:11:2000Ecuador 29:05:1967 28:05:1959 06:07:1954 05:02:1962 11:03:1957 10:07:1962 19:09:2000 19:09:2000El Salvador 15:06:1995 18:11:1958 12:10:2000 15:06:1995 23:01:1996 12:10:2000Grenada 25:10:1994 09:07:1979 09:07:1979 09:07:1979 25:10:1994 14:05:2003 14:05:2003 14:05:2003Guatemala 13:02:1952 13:02:1952 13:06:1989 09:12:1959 02:08:1961 11:10:1960 27:04:1990 11:10:2001Guyana 25:09:1967 08:06:1966 08:06:1966 08:06:1966 13:06:1975 13:06:1975 15:04:1998 15:01:2001Haiti 05:06:1979 12:04:1957 04:03:1958 04:03:1958 04:03:1958 09:11:1976 Honduras 27:06:1956 27:06:1956 21:02:1957 04:08:1958 09:08:1956 20:06:1960 09:06:1980 25:10:2001Jamaica 26:12:1962 26:12:1962 26:12:1962 26:12:1962 14:01:1975 10:01:1975 Mexico 01:04:1950 12:05:1934 01:06:1959 23:08:1952 11:09:1961 30:06:2000Nicaragua 31:10:1967 31:10:1967 12:04:1934 31:10:1967 31:10:1967 31:10:1967 02:11:1981 06:11:2000Panama 03:06:1958 16:05:1966 16:05:1966 16:05:1966 03:06:1958 16:05:1966 31:10:2000 31:10:2000Paraguay 28:06:1962 21:03:1966 28:08:1967 16:05:1968 24:06:1964 10:07:1967 07:03:2001Peru 02:03:1960 13:03:1964 01:02:1960 06:12:1960 01:02:1960 10:08:1970 13:11:2002 10:01:2002Saint Kitts and Nevis 25:08:2000 04:09:2000 12:10:2000 12:10:2000 25:08:2000 25:08:2000 12:10:2000Saint Vicent and the Grenadinas

09:11:2001 21:10:1998 21:10:1998 21:10:1998 04:12:2001 09:11:2001 04:12:2001

Saint Lucia 14:05:1980 14:05:1980 14:05:1980 14:05:1980 18:08:1983 18:08:1983 06:12:2000Suriname 15:06:1976 05:06:1996 15:06:1976 15:06:1976 Trinidad and Tobago 24:05:1963 24:05:1963 24:05:1963 24:05:1963 29:05:1997 26:11:1970 23:04:2003United States 25:09:1991 02:12:1999

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Uruguay 18:03:1954 18:03:1954 06:09:1995 22:11:1968 16:11:1989 16:11:1989 02:06:1977 03:08:2001Venezuela 20:09:1982 19:12:1968 20:11:1944 16:11:1964 10:08:1982 03:06:1971 15:07:1987 Total: 34 31 30 31 34 32 32 23 29

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Annex 2Principles and Rights at Work in the Countries of the OAS

National Legislation National Plans and Programmes Institutions in charge of Follow-up, Supervision and Control

SICABELIZEFreedom of AssociationForced LabourChild LabourNon-discrimination

National Legislation National Plans and Programmes Institutions in charge of Follow-up, Supervision and Control

SICACOSTA RICAFreedom of Association - Regulations on Collective Bargaining in the Public Sector)

- Resolution No. 346-98 issued by the Minister of Labour and Social Security

- Resolution No. 967-2000 issued by the Minister of Labour and Social Security

- Ministry of Labour

Forced LabourChild Labour - Executive Decree 29220-MTSS

- Minister of Labour Guideline No.1 - National Plan of action for the eradication of child labour - Ministry of Labour

- National board for youth (PANI) - Ministry of Public Education- National Institute for Learning- Institute for Social Assistance- Ministry of Health- Costa Rican Social Security Fund- National Institute of Securities and Municipalities

Non-discrimination Executive Decree 29, 221-MTSS “Guide to Good Labour Practices for Gender Equality” - Ministry of Labour Unit on Gender Equality

Ministry of Labour Unit on Gender Equality

SICAEL SALVADORFreedom of AssociationForced LabourChild LabourNon-discrimination

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National Legislation National Plans and Programmes Institutions in charge of Follow-up, Supervision and Control

SICAGUATEMALAFreedom of Association - Decree 13 - 2001 (Labour Code Reform)Forced LabourChild Labour - Technical Commission of the Working Minor Protection

Unit whose objective it is to prepare a National Plan.- National Plan for the Prevention and Eradication of Child Labour and for the Protection of Working Adolescents: 2001-2004.

- Ministry of Labour.- Congress.- Ministry of Education.

Non-discriminationSICAHONDURASFreedom of AssociationForced LabourChild Labour - Decree No. 17 - 98, creates the National Commission for the

Gradual and Progressive Eradication of Child Labour.- Executive Resolution No. STSS - 211-01, which approved Regulations Governing Child Labour.

- National Action Plan for the Gradual and Progressive Eradication of Child Labour in Honduras: 2001-2006.

- COIPRODEN, IHNFA, CODEH, CHEP, FEDECAMARAS and Labour Confederations.

- Labour Secretariat and Health Secretariat.- Labour Confederations.

Non-discriminationNational Legislation National Plans and Programmes Institutions in charge of Follow-up, Supervision

and ControlSICANICARAGUAFreedom of AssociationForced LabourChild Labour - Law approving Childhood and Adolescence Code, 1998.

- Law 212, of 1999, (Creation of the Special Solicitor’s Office for the Defence of Children’s and Adolescents’ Rights.

- Decree for the creation of the National Council for the Comprehensive Care and Protection of Childhood and Adolescence, May 2000.

- Decree No. 71 - 98, assigning to the Child Labour Inspection Bureau, the duty to issue precautionary measures to guarantee respect for this group’s rights.

- National Strategic Plan for the Prevention and Eradication of Child Labour and for the Protection of Working Adolescents: 2001-2005.

- Ministry of Labour, Office of the President of the Republic, National Assembly.

- Special Solicitor's Office for the Defence of Children's, Adolescents’ and Women’s Rights.

- National Commission for the Progressive Eradication of Child Labour. National Councils and Supreme Court of Justice.

Non-discrimination

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SICAPANAMAFreedom of AssociationForced LabourChild Labour - Law No.38

- Panama Maritime Authority Resolution No.063-2001 - National Plan of Action for the Eradication of Child Labour

- Programmes for dissemination of Law No.38 - Training programme for law enforcement and health centre personnel

- Technical secretariat of the Committee for the eradication of child labour and the protection of child workers

- Ministry of Government and Justice(MINGOBJ)- Ministry of Youth, Women, Childhood, Family (MINJUMNFA)

- Ministry of Health (MINSA)Non-discrimination - Law 4 of Jan. 29, 1999

- Executive Decree 53 of June 25, 2002 which regulates Law 4, 1999 Plan for Equal Opportunities for Women, PIOM II 2002-2006

SICAREPUBLICA DOMINICANA

Freedom of AssociationForced LabourNon-discriminationChild Labour

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Annex 3SICA: Tripartite Agreement of Santo Domingo for a Sub-regional Labour Agenda

In the City of Santo Domingo, capital of the Dominican Republic, meeting on the occasion of the Sub-Regional Tripartite Encounter, labor relations, social dialogue and democratic governability: Towards a Labor Agenda, sponsored by the International Labor Organization (ILO), government delegates and representatives of workers and employers of Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and Dominican Republic adopted the following Declaration, which may in the future be known as SUB-REGIONAL TRIPARTITE AGREEMENT FOR THE ADOPTION OF A LABOR AGENDA:

Whereas,

i.- The preface of the Incorporation of the International Labor Organization of 1919 solemnly declares that “universal and long lasting peace can be established only if it is based upon social justice”.

ii.- The Declaration of Philadelphia of 1944 recognized the solemn obligation of the International Labor Organization to promote, among all the nations of the world, programs which will allow: “(…) e.- “the effective recognition of the right of collective bargaining, the cooperation of management and labour in the continuous improvement of productive efficiency, and the collaboration of workers and employers in the preparation and application of social and economic measures.”

iii.- The ILO Declaration relative to the fundamental principles and rights at work and its follow up, of 1998, provided: “that in freely joining the ILO, all Members have endorsed the principles and rights set out in its Constitution and in the Declaration of Philadelphia, and have undertaken to work towards attaining the overall objectives of the Organization to the best of their resources and fully in line with their specific circumstances”.

iv.- The governments of the sub-region - through the Council of Ministers of Labor; the employers - through the Sub-Regional Forum of Employers; and the workers – through various regional and sub-regional trade union entities, have been pressing, for some time now, for the preparation of a Sub-Regional Labor Agenda, which will encourage dialogue on labor matters, between workers, employers and governments and reach agreement in those issues of interest for the representatives. In addition, emphasis has been placed on the need for the Labor Agenda to be adopted on a tripartite base which the ILO has been sponsoring and supporting.

v.- A high rate of quality employment leads to social peace and to a better quality of life, and that in order to secure quality employment the countries, the workers and the businesses must achieve competitiveness. The dialogue conducted on these matters has produced points of interest for workers, employers and governments.

vi.- With the object of maintaining a link between social progress and economic growth, the guaranty of the fundamental principles and rights at work is vested with a rather special importance and meaning.

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Conclusion:

We agree to the Tripartite Agreement of Santo Domingo found below, to adopt a Sub-Regional Labor Agenda as a result of the social dialogue which employers, workers and governments have been, jointly or separately, promoting under the sponsorship of the ILO, supported by the RELACENTRO and PRODIAC projects.

TRIPARTITE SUB-REGIONAL LABOR AGENDA

1. Generation of decent work, development of human resource capacity; particularly of male and female workers employers. To accomplish this objective it is essential to coordinate national economic, social and labor policies within the countries.

2. Compliance with labor legislation in each country, in accordance with the ILO Fundamental Conventions, relative to: Freedom of association and protection of the right to organize, as well as the effective

recognition of the right to collective bargaining (Conventions No. 87 and 98); Elimination of all forms of forced or obligatory labor (Conventions No. 29 and 105); Progressive eradication of the worst forms of child labor (Conventions No. 138 and

182); Elimination of discrimination in employment and occupation (Conventions No. 100

and 111).3. Establish national policies that will permit the incorporation of a simplified and flexible

legal framework for the informal sectors of the economy, so that they can develop productively and identify those which should be supported by aid programs.

4. Respect the ILO Declaration relative to the fundamental principles and rights at work, promotion of employment and decent work, the adoption of adequate practices in matters related to health and occupational safety and the promotion of gender equality.

5. Reinforce the process of social dialogue between the representatives of the productive process, workers and employers, as well as for bipartite and/or tripartite entities.

6. Identify the factors affecting the degree of productivity and competitiveness of businesses, particularly in the development of micro enterprises and small and medium-sized companies, to encourage the actions which will strengthen them.

7. Strengthen and modernize labor administration to contribute to the improvement of the labor relations system.

8. Ensure the modernization and coverage, financing, efficiency, management and supervision of the social security systems, in accordance with the legislation existing in each country.

9. Achieve the integration of technical and vocational education and professional development, towards a system which will serve for the regularization and certification of labor skills required by the needs of the labor markets and the overall development of male and female workers.

10. Prepare studies and support action programs on labor immigration in the sub-region. 11. Encourage equal opportunity and equal treatment of male and female workers.

FINAL CONSIDERATIONS AND FOLLOW UP

- The male and female delegates congratulate each other for the success of the event and thank the ILO, and very particularly, the PRODIAC and RELACENTRO projects, for their support and sponsorship and for the successful organization and development of the Encounter, as thank also the international cooperation organizations participating as

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observers. Furthermore, we wish to express our special thanks to the government and people of the Dominican Republic for their warm rapport and hospitality.

- The parties request that the ILO, through the Multidisciplinary Technical Team, headquartered in San Jose, Costa Rica and the technical cooperation programs and projects, provide all the technical assistance required for the follow up and execution of the subjects of the Sub-Regional Labor Agenda, through the corresponding national tripartite entities and the existing regional forums, such as the Council of Ministers of Labor, the Sub-Regional Forum of Employers and the Workers Forum, which may be constituted to this effect.

- We participants express our interest that the Economic and Social Council of Spain may be in the position to provide technical cooperation to our countries, so as to strengthen bonds and support the social actors of the sub-region.

- The representatives urge the ILO to organize a sub-regional meeting to evaluate the results of this agenda and establish the actions to be pursued in the future.

- In the countries so requiring it, the Sub-Regional Labor Agenda must be submitted for the consideration and approval of the legally incorporated tripartite entities where these exist. In countries where there are no such entities, the Agenda will be subject of consultation with government and the organizations that represent workers and employers. All of the above with absolute respect to the legal and constitutional system of each State.

In witness whereof, we sign, in the City of Santo Domingo de Guzmán, on the twenty-fourth day of the month of May, 2002.

Milton Ray Guevara, Chairman

Fabio Herrera , Vice-Chairman - EmployerRodrigo Aguilar, Vice-Chairman - WorkerEnrique Brú, ILO Director for Central America,Panama and Dominican Republic

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BIBLIOGRAPHY

Aside from the bibliography indicated in the footnotes, reading of the following documents is suggested:

Acuerdos de Paz, Rafael Landívar University, Guatemala, 1998.

ALVARENGA VENUTOLO, Patricia. Trabajadores Inmigrantes en la Caficultura. Notes on Social Sciences, No. 116, Latin American School of Social Sciences –FLACSO, San Jose, Costa Rica, 2000.

ALVAREZ ARAYA, Oscar. El proceso y el sistema de la integración centroamericana, ICAES Publications, s.f.

ARRIOLA PALOMARES, Joaquín and AGUILAR GUILLÉN, José Víctor. El Movimiento Sindical ante la Integración Centroamericana. De la frágil participación a la propuesta de Tratado de Integración Social. Central American Issues, No. 9, Friedrich Ebert Foundation, San Jose, Costa Rica, s.f.

BLANCO VADO, Mario. La negociación colectiva en Centroamérica y República Dominicana: situación y perspectivas. ILO, San Jose, Costa Rica, 1999.

BRONSTEIN, Arturo. Elementos para un diagnóstico de las relaciones de trabajo en Centroamérica. ILO, San Jose, Costa Rica, 1997.

CEDAL. El problema solidarista y la respuesta sindical en Centroamérica. CEDAL-ASEPROLA, Heredia, Costa Rica, 1989.

National Commission for the Gradual and Progressive Eradication of Child Labor. General Diagnosis of the Status of Child Labor in Honduras. Honduras, 2001.

DEL CID, Miguel. Productividad y salarios en países del istmo centroamericano, ILO, San Jose, Costa Rica, 2000.

DEL CID, Miguel and TACSAN, Rodolfo. Fuerza laboral, ingresos y poder adquisitivo de los salarios en Centroamérica, Panamá y República Dominicana, ILO, San Jose, Costa Rica, 2000.

ERMIDA URIARTE, Oscar and BARRETO GHIONE, Hugo (Compilers). Professional Development in Regional Integration., Centro Internacional de Formación (International Development Center) – CINTERFOR / International Labor Organization, Montevideo, 2000.

FERNANDEZ PACHECO, Janina (Compiler). Enhebrando el hilo: mujeres trabajadoras de la maquila en América Central, contexto económico y social del empleo en la maquila textil y de vestuario. ILO – Royal Embassy of the Netherlands, San Jose, Costa Rica, 2001.

HERRERA, Beethoven. La integración centroamericana en perspectiva. ILO, 1999.

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IPEC / ILO. Caminos hacia la prevención y la erradicación de la explotación sexual comercial de niños, niñas y adolescentes en Centroamérica y República Dominicana. San Jose, Costa Rica, 2001.

IPEC / ILO. Cartago: Dimension, Nature and Socio-economic Environment of Child and Adolescents Labor. San Jose, Costa Rica, 2002.

IPEC/ ILO. Child Labor in Central American Countries. Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Dominican Republic and Panama. San Jose, Costa Rica, 1995.

IPEC / ILO. Domestic Child Labor in Guatemala. Guidelines for a Proposal for Intervention. San Jose, Costa Rica, 2002.

IPEC / ILO. Domestic Child Labor in Nicaragua. Guidelines for a Proposal for Intervention. San Jose, Costa Rica, 2002.

IPEC / ILO. Domestic Child Labor in Panamá. Guidelines for a Proposal for Intervention. San Jose, Costa Rica, 2002.

IPEC / ILO. Domestic Child and Adolescent Labor in Costa Rica. San Jose, Costa Rica, 2002.

IPEC / ILO. An Exploratory Study on Domestic Child Labor in Third Party Homes in the Dominican Republic. San Jose, Costa Rica, 2002.

IPEC / ILO/ AECI / MTSS. Child and Adolescent Labor in the Brunca Region. San Jose, Costa Rica, s.f.

JIMENEZ, Rodrigo and FERNANDEZ, Janina. La igualdad de género en el derecho laboral centroamericano. ILANUD, Programa Mujer, Justicia y Género, ILO, Proyecto para Mujeres Trabajadoras de la Maquila. San Jose, Costa Rica, 2001.

Ministry of Labor and Social Security. Report: National Consultation for the Eradication of Child Labor and for the Protection of Working Adolescents. Guatemala, 1999.

Overseeing Mission of the United Nations in Guatemala (MINUGUA). Overseeing Report: Status of Childhood and Adolescence within the Framework of the Peace Process in Guatemala, Guatemala, December, 2000.

ILO. Commercial Sexual Exploitation of Minors in Costa Rica. San Jose, Costa Rica, 2002.

ILO. Commercial Sexual Exploitation of Boys, Girls and Adolescents in Panama. San Jose, Costa Rica, 2002.

ILO. The Socio-Labor Status in Free Trade Zones and Maquila Companies in the Central American Isthmus and the Dominican Republic. San Jose, Costa Rica, 1996.

ILO. International Program on the Abolition of Child Labor. Child Labor in Central America. San Jose, Costa Rica, 1993.

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PEREZ BRIGNOLI, Héctor. Breve Historia de Centroamérica. Alianza Editorial, S.A. Madrid, Spain, 1985.

PEREZ SAINZ, Juan Pablo. Ciudadanía Social y Derechos Laborales en Centroamérica, Notes on Social Sciences, No. 108, Latin American School of Social Sciences – FLACSO, San Jose, Costa Rica, 1998.

SOJO, Carlos. Centroamérica: La Integración que no cesa. Latin American School of Social Sciences – FLACSO, San Jose, Costa Rica, 1997.

TREJOS, Juan Diego. El Trabajo Decente y el Sector Informal en los países del Istmo Centroamericano. ILO, San Jose, Costa Rica, 2002.

TRIPP, José Octavio. México y Centroamérica en los umbrales del Siglo XXI. Notes on Social Sciences, No. 113, Latin American School of Social Sciences – FLACSO, San Jose, Costa Rica, 2000.

OTHER BIBLIOGRAPHICAL SOURCES

NAALC- North American Agreement of Labor Cooperation (1993)Commission for Labour Cooperation: Labor Relations Law in North America.Commission for Labour Cooperation peration: Protection of Migrant Agricultural Workers in Canada, Mexico and the United States: NAFTA.Commission for Labour Cooperation: Review of the North American Agreement of Labor Cooperation: NAFTA.

VIRTUAL SOURCES

ACNUR: http://www.acnur.org/ALCA: www.ftaa-alca.orgCAN: www.comunidadandina.orgCARICOM: www.caricom.orgCAN: http://www.cajpe.org.peUnited Nations Office of the High Commissioner for Human Rights, Committee on the Right of the Child:http://www.unhchr.ch/html/menu2/6/crc/Danish-Bolivian Cooperation:www.um.dk/publikationer/danida/evalueringer/eval2002/bolivia/bolivia_spansk/213.spBolivian Strategy on the reduction of poverty: http://www.ebrp.gov.bo/Instituto Colombiano de Reforma Agraria (INCORA): www.incora.gov.coMERCOSUR: www.mercosur.org.uyLabour Ministry-Chile: www.mintrab.gob.clNAALC: www.naalc.orgNAFTA: http://www.nafta-sec-alena.org/DefaultSite/home/index_e.aspxUNDP Ecuador: www.pnud.org.ec/UNDP Bolivia: www.pnud.bo/UNDP Colombia: www.pnud.org.co/Government Programme on Human Rights and DIH- Colombia:

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http://www.derechoshumanos.gov.co/2index.phpILO: www.ilo.orgILO IACML: www.oit.org.pe/cimtILO / SRO for the Andean countries: www.oitandina.org.pe/ILO CINTERFOR:http://www.cinterfor.org.uy/public/spanish/region/ampro/cinterfor/The Government of the Republic of Colombia: http://cne.presidencia.gov.co/The Senate of the Republic of Colombia: www.senado.gov.co/SICA: www.sgsica.orgSocial Indicators System of Ecuador (SIISE): www.siise.gov.ec

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