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Download the file - United Nations Rule of Law

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Towards a New Social Contract.There is a tripartite consensus from employer,worker and government representatives on <strong>the</strong>need for a formal and effective legal systemwith guarantees for all citizens and enterprisesthat contracts are honoured and upheld, <strong>the</strong>rule <strong>of</strong> <strong>the</strong> law is respected and property rightsare secure. Such a legal system is a key conditionnot only for attracting investment, but als<strong>of</strong>or generating certainty, and nurturing trust andfairness in society. 81 The growing recognition <strong>of</strong><strong>the</strong> need for labour rights to catalyse employmentcreation in <strong>the</strong> informal economy, while protectingits workers, has now led to an emerging globalsocial contract, a broad agenda for reform andfor empowerment. Labour rights, business rights,property rights and business rights taken toge<strong>the</strong>rcan form <strong>the</strong> basis <strong>of</strong> this new social contract.Our Working Group for Chapter 3 suggests that<strong>the</strong> underpinnings <strong>of</strong> <strong>the</strong> new social contract onlabour rights include five fundamental areas <strong>of</strong>action, namely:- Streng<strong>the</strong>n identity, voice, representation anddialogue.- Streng<strong>the</strong>n <strong>the</strong> quality <strong>of</strong> labour regulationand <strong>the</strong> effective enforcement <strong>of</strong> fundamentalprinciples and rights at work.proposals are firmly based in <strong>the</strong> international humanrights tradition. Human rights are <strong>the</strong> basisfor <strong>the</strong> Social contract. It is <strong>the</strong> obligation <strong>of</strong> <strong>the</strong>state as <strong>the</strong> primary duty bearer to protect andpromote <strong>the</strong>se rights.• We use <strong>the</strong> word ‘contract’ to emphasise mutualresponsibility. The state has a duty to protectand <strong>the</strong> citizens have <strong>the</strong> right to protection— and obligations, which follow <strong>the</strong>re<strong>of</strong>.Employers and employees are also tied bymutual obligations. And large businesses havea duty not to exploit smaller businesses withwhich <strong>the</strong>y have production or distributionties.• We use <strong>the</strong> word ‘global’ to emphasise <strong>the</strong> roleand responsibility <strong>of</strong> <strong>the</strong> actors at <strong>the</strong> international,regional, national and local levels.• We use <strong>the</strong> word ‘social’ to emphasise that <strong>the</strong>aim <strong>of</strong> this initiative is to improve <strong>the</strong> socialconditions <strong>of</strong> people in poor countries, including:income, health, education, working conditions.• We have put ‘Towards’ before a Global SocialContract in <strong>the</strong> title <strong>of</strong> this report to emphasisdevelopment, process and time horizons.- Support application <strong>of</strong> a minimum package <strong>of</strong>labour rights for <strong>the</strong> informal economy.- Streng<strong>the</strong>n access to opportunities for decentwork and to opportunities for education, trainingand retraining, as well as combating discriminationto ensure efficient labour markets.- Support inclusive social protection.We recommend a new departure in internationaldevelopment strategies, centred on <strong>the</strong> DecentWork agenda as a Global Social Contract. Our175

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