VI CONFERENCIA IBEROAMERICANA DE MINISTROS/M

1
Ibero-American Multilateral Agreement on Social
Security
Francisco Jacob General Vice-Secretary, OISS
2
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 231
• Current 53
• 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
10
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 AGREEMENT14 COUNTRIES
Argentina
Chile
Bolivia
Brazil
Colombia
Ecuador
Spain
Costa Rica
Peru
Portugal
Venezuela
Paraguay
Uruguay
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.
• Effectiveness of signing the Implementation
  Agreement.

Entry into Force May 1, 2011
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RATIFICATION OF THE AGREEMENT

• Ratified

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

• Ratification Procedure Advanced

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
State of residence or of most recent contributions

• DRIVEN BY

• PRO-CEDURE

• Requesting information to other States
• Communication between institutions through the
  driving State institution.
• Resolution, notification, and payment by each
  State.