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Download the file - United Nations Rule of Law

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The Homeless People’s Federation Philippines,HPFP, participates in various municipal and village-leveldevelopment councils, including a fewlocal housing councils (See Case 5).Social protection reformReform <strong>of</strong> <strong>the</strong> social protection system is astrategic way to empower people. In India in2002, <strong>the</strong> National Commission on Labour proposeda national bill for workers in <strong>the</strong> unorganised(informal) sector with <strong>the</strong> objective <strong>of</strong> regulating‘<strong>the</strong> employment and conditions <strong>of</strong> service<strong>of</strong> unorganised sector workers and to provide for<strong>the</strong>ir safety, social security, health and welfare’.The bill provides for <strong>the</strong> establishment <strong>of</strong> Workers’Facilitation Centres to support and assistunorganised workers, provides for <strong>the</strong> setting upin <strong>the</strong> states <strong>of</strong> an Unorganised Sector Workers’Welfare Fund, with funds from government andcontributions by employers and registered workers;and sets out minimum conditions <strong>of</strong> service,including hours <strong>of</strong> work and minimum wages (SeeCase 6). In India in 2007, <strong>the</strong> National Commissionon Enterprises in <strong>the</strong> Unorganised Sector(NCEUS) has drafted and proposed two nationalbills on <strong>the</strong> conditions <strong>of</strong> work and social security<strong>of</strong> workers in <strong>the</strong> unorganised (informal) sector:one for agricultural workers, <strong>the</strong> o<strong>the</strong>r for non-agriculturalworkers. Both bills incorporate provisionsfor regulating <strong>the</strong> conditions <strong>of</strong> work andsocial security <strong>of</strong> informal workers. The statutoryNational Social Security Scheme proposed by <strong>the</strong>NCEUS consists <strong>of</strong> <strong>the</strong> following package <strong>of</strong> minimumbenefits: illness, hospitalisation, maternity,disability and life insurance, and old age pension.O<strong>the</strong>r promising examples <strong>of</strong> extending socialprotection to informal workers are from Ghanaand <strong>the</strong> Philippines. In Ghana, with joint supportfrom <strong>the</strong> government and ILO’s Decent Work programme,associations and individuals who havejoined local credit unions are encouraged to enrolin <strong>the</strong> National Health Insurance Programme.In <strong>the</strong> Philippines, <strong>the</strong> statutory social securitysystem (SSS) and <strong>the</strong> health insurance schemeshave been progressively made universal throughvoluntary schemes that are open to self-employedworkers through lower-priced packages and awider network <strong>of</strong> collection units, including banksand organised groups (See Case 7). Notableexamples are also found in Latin America; <strong>the</strong>yinclude efforts in Mexico to extend social securitycoverage to <strong>the</strong> informal sector; innovations in socialcoverage <strong>of</strong> <strong>the</strong> Solidario programme in Chile;first rights-based health coverage in Chile, andconditional cash transfers in some 14 countriesbeginning with Brazil and Mexico.Improvement <strong>of</strong> <strong>the</strong> quality <strong>of</strong> labour marketinstitutionsSeveral countries have introduced reforms to improve<strong>the</strong> quality <strong>of</strong> labour market institutions. In2006, Chile introduced a reform in subcontractingprocedures to include more workers in formallabour rights arrangements. The objective is topromote subcontracting, while at <strong>the</strong> same timeensuring compliance with all <strong>the</strong> labour obligations.The law introduced a formal arrangementbetween subcontractors and <strong>the</strong> main firms tomeet a set <strong>of</strong> labour obligations. Direct responsibilitylies with <strong>the</strong> subcontractor, but <strong>the</strong> mainfirm has <strong>the</strong> right to demand from <strong>the</strong> subcontractora certificate <strong>of</strong> compliance issued by <strong>the</strong>labour inspectorate agency and has <strong>the</strong> right towithhold payments from subcontractors in casesin which <strong>the</strong>re are pending obligations vis-à-vis<strong>the</strong>ir workers (See Case 8).Spain has over <strong>the</strong> last 20-25 years introduced aseries <strong>of</strong> reforms <strong>of</strong> its once highly-regulated systemin an attempt to better balance <strong>the</strong> demands<strong>of</strong> an open market economy with <strong>the</strong> needs <strong>of</strong>168

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