1

Ibero-American Multilateral Agreement on Social

Security

Francisco JacobGeneral Vice-Secretary, OISS

2

Lack of protection (even after long periods of contribution) – marginalization

Destimulates contributions

Promotes informal economy and “social dumping”

Makes movement and return more difficult

SOCIAL PROTECTION - EMIGRATION

Exclusion of migrant workers from the benefits of Social Protection leads to:

3

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

SOCIAL PROTECTIONEMIGRATION

4

Harmonization (ILO Agreements, European Social Security Code, Ibero-American Social Security Code…): Seeks to establish a common minimum protection.

Coordination of Legislation: International agreements

INTERNATIONALIZATION OF SOCIAL PROTECTION

Two ways:

5

Do not modify national legislation

Do not replace national legislation

Coordinate legislations to guarantee the rights of migrant workers

Types: Bilateral, multilateral

SOCIAL SECURITY AGREEMENTS

6

Potential: 231

Current: 53

73% in 4 countries: Argentina (7), Chile (8), Spain (13), and Uruguay (11)

BILATERAL AGREEMENTS IN IBERO-AMERICA

7

Agreements by Countries

8

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.

MULTILATERAL AGREEMENTS IN IBERO-AMERICA

9

Multilateral Ibero-American Agreement on Social Security

10

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)

DEVELOPMENT OF THE MULTILATERAL IBERO-AMERICAN AGREEMENT ON SOCIAL SECURITY

11

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)

DEVELOPMENT OF THE AGREEMENT

12

Signing of the Agreement by Governments

Ratification of the Agreement by Parliaments, in accordance with internal legislation

Submitting the ratification instrument to SEGIB

PROCEDURE, ENTRY INTO FORCE

Entry into Force: Once the 7th ratification instrument has been submitted and the

Implementation Agreement has been signed.

13

Ecuador

Argentina

Venezuela

Spain

Brazil

Costa Rica

Bolivia

ParaguayPortugalPeru

El SalvadorUruguay

Chile

Colombia

SIGNING THE TEXT OF THE AGREEMENT14 COUNTRIES

Population of the countries that have already

signed: 450 million

14

On February 2, 2011 the 7th country (Bolivia) submitted the ratification instrument.

Effectiveness of signing the Implementation Agreement.

ENTRY INTO FORCE

Entry into Force: May 1, 2011

15

Ratified:

RATIFICATION OF THE AGREEMENT

-Ratification Instrument Submitted: Bolivia, El Salvador, Ecuador, Brazil, Chile, Spain, Paraguay, Portugal - Pending: Argentina, Uruguay, Venezuela

Costa RicaRatification

Procedure Advanced:

16

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

IMPLEMENTATION AGREEMENT OF THE AGREEMENT

17

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.

IMPORTANCE OF THE AGREEMENT

18

.

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).

IMPORTANCE OF THE AGREEMENT

19

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).

PRINCIPLES OF THE AGREEMENT

20

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 …).

PRINCIPLES OF THE AGREEMENT

21

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).

PENSION FUNDS(Title II. Chapter 2)

22

REQUEST:

PROCEDURES TO IMPLEMENT THE AGREEMENT

In any State Party

State of residence or of most recent contributions

DRIVEN BY:

Requesting information to other States

Communication between institutions through the driving State institution.

Resolution, notification, and payment by each State.

PRO-CEDURE: