Transcript Ibero-American Multilateral Agreement on Social Security Francisco Jacob General Vice-Secretary, OISS SOCIAL PROTECTION - EMIGRATION Exclusion of migrant workers from the benefits of Social Protection leads.

Ibero-American Multilateral
Agreement on Social
Security
Francisco Jacob
General Vice-Secretary, OISS
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SOCIAL PROTECTION - EMIGRATION
Exclusion of migrant workers from the
benefits of Social Protection leads to:
 Lack of protection (even after long
periods of contribution) – marginalization
 Destimulates contributions
 Promotes informal economy and “social
dumping”
 Makes movement and return more difficult
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SOCIAL PROTECTION
EMIGRATION
 Social Legislation (regulating the
protection of health, pensions…) varies a
great deal
 Social Legislation is governed by the
“principle of territoriality”: Exclusively
implemented in the territory of the State
where it is established.
 Protection of migrants requires
international cooperation on social
security
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INTERNATIONALIZATION OF
SOCIAL PROTECTION
Two ways:
 Harmonization (ILO Agreements, European
Social Security Code, Ibero-American Social
Security Code…): Seeks to establish a
common minimum protection.
 Coordination of Legislation: International
agreements
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SOCIAL SECURITY
AGREEMENTS
 Do not modify national legislation
 Do not replace national legislation
 Coordinate legislations to
guarantee the rights of migrant
workers
 Types: Bilateral, multilateral
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BILATERAL
AGREEMENTS IN
IBERO-AMERICA
 Potential:
 Current:
231
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 73% in 4 countries:
Argentina (7), Chile (8),
Spain (13), and Uruguay (11)
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Agreements by Countries
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MULTILATERAL
AGREEMENTS IN
IBERO-AMERICA
 Agreement on Social Security of Quito (1978):
Requires bilateral agreements
 Multilateral Agreement on Social Security of
MERCOSUR: In force since 2005.
 Decision 583. Andine Social Security
Instrument: Implementation Regulations
pending.
 Social Security Regulations of the European
Union: Since May 1, 2010 the new Regulations
883/2004 and 987/2009 are in force.
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Multilateral Ibero-American
Agreement on
Social Security
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DEVELOPMENT OF THE
MULTILATERAL IBERO-AMERICAN
AGREEMENT ON
SOCIAL SECURITY
 V Conference of Ministers and Heads of
Social Security
(Segovia, September 2005)
 XV Ibero-American Summit of Heads of
State and Government
(Salamanca, October 2005)
 6 Drafts
 3 Technical Meetings
(Montevideo, Santiago de Chile, Sao Paulo)
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DEVELOPMENT OF THE
AGREEMENT
 VI Conference of Ministers
(Iquique. July 2007):
The text of the Agreement was approved.
 XVII Ibero-American Summit of Heads of
State and Government
(Santiago de Chile. November 2007):
The Agreement was adopted
unanimously.
Signed (12 countries)
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PROCEDURE, ENTRY INTO
FORCE
 Signing of the Agreement by Governments
 Ratification of the Agreement by
Parliaments, in accordance with internal
legislation
 Submitting the ratification instrument to
SEGIB
Entry into Force: Once the 7th ratification
instrument has been submitted and the
Implementation Agreement has been signed.
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SIGNING THE TEXT OF
THE AGREEMENT
14 COUNTRIES
Argentina
Bolivia
Brazil
Chile
Costa Rica
Ecuador
Spain
Colombia
Peru
Uruguay
Portugal
Paraguay
Venezuela
El Salvador
Population of the countries that have already
signed:
450 million
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ENTRY INTO FORCE
 On February 2, 2011 the 7th country
(Bolivia) submitted the ratification
instrument.
Entry into Force: May 1, 2011
 Effectiveness of signing the
Implementation Agreement.
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RATIFICATION OF
THE AGREEMENT
 Ratified:
Ratification
Procedure
Advanced:
-Ratification Instrument
Submitted: Bolivia, El
Salvador, Ecuador, Brazil,
Chile, Spain, Paraguay,
Portugal
- Pending: Argentina, Uruguay,
Venezuela
Costa Rica
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IMPLEMENTATION AGREEMENT
OF THE AGREEMENT
 5 drafts and 2 technical meetings (Fortaleza,
Santiago de Chile)
 VII Conference of Ministers
(Lisbon, September 2009):
Final Ibero-American Summit (knowledge)
 Signing by countries (after ratifying the
Agreement)
 Signed: On October 13, 2010 by Spain; on April
18, 2011 by Bolivia; on May 19 by Brazil
CURRENTLY EFFECTIVE BETWEEN BOLIVIA ,
BRAZIL, AND SPAIN
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IMPORTANCE OF
THE AGREEMENT
 Improves the protection of migrant workers and
their families.
 Favours movement and return.
 Promotes contributions and “formalization”.
 Helps to prevent “dumping”.
 Strengthens social security systems.
 The first Ibero-American legal instrument
recognizing the rights of citizens that can be
claimed directly in Court.
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IMPORTANCE OF
THE AGREEMENT
.

Favours bilateral relations and agreements.
 May serve as an example.
 May lead to other instruments (Meeting of
Ministers and Heads of Social Security of the
European Union, Latin America, and the
Caribbean).
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PRINCIPLES
OF THE
AGREEMENT
 Equal Treatment: Irrespective of nationality
(applies to any person who is or has been
subject to legislation in one or several
States Parties).
 Personal Implementation Sphere: Legal
workers, dependent or independent.
 Material Implementation Sphere: Economic
benefits due to age, disability, survival,
accidents in the workplace, and
occupational diseases.
 Applicable Legislation: “lex loci laboris”
(with exceptions).
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PRINCIPLES OF THE
AGREEMENT
 Conservation of rights in the course of
acquisition: Totalizing periods and
“prorrata témporis”.
 Exporting benefits.
 Administrative and technical collaboration.
 Maintaining more favourable provisions
from other Agreements.
 A possibility of expanding to include other
spheres (health care …).
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PENSION FUNDS
(Title II. Chapter 2)
 Payment of benefits charged to the Funds.
 Totalizing Periods for: Disability, survival,
in mixed systems, minimums (if this is the
case) (Art.16).
 Exporting Benefits (Art. 6).
 Voluntary Insurance (Art. 16).
 Possibility of agreements to transfer funds
between States (Art. 17).
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PROCEDURES TO IMPLEMENT
THE AGREEMENT
 REQUEST:
In any State Party
 DRIVEN BY:
State of residence or of
most recent contributions
 PRO-
CEDURE:
 Requesting
information to other
States
 Communication between
institutions through the driving
State institution.
 Resolution, notification, and
payment by each State.
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