National Workshop on the Implementation of Recommendation 204

National Workshop on the Implementation of Recommendation 204 Concerning transition from the Informal Economy to the Formal economy in South Africa Birchwood Conference Centre, Boksburg – Johannesburg, 23 – 25 May 2017 FORMALIZATION OF THE INFORMAL ECONOMY

Recap of key points Day 1 Overview and presentations of R 204 from various stakeholders Welcome note – Director ILO Presentation by NEDLAC - Inclusivity and voice of the informal sector Report on gender dimension – robust discussion resulted in a suggestion to review methodology to ensure VOICE on findings. Presentation from Organised Labour Numerous concerns touching on the social well-being, health, Unemployment Act, UIF etc; Presentation on R 204 - Community Constituency Proposal on R 204 Implementation Social protection Collective bargaining Public Laws Labour Laws

Presentation – Department of Small Business & Development Need to learn from best practices modules on SME development from other countries Presentation on Economic Development - KZN Representative Draft master plan on monitoring of the informal economy Development of a database to identify interventions and challenges Presentation – SALGA Overview of SALGA activities Touching on Migration and demographic trends as they impact on informality Need to have common definition of key concepts used in the informal sector Conclusion The day concluded with a robust engagement on the R 204 presentations

Day 2 Identifying gaps, additions and changes – on Community Constituency Proposal on Safety of public toilets, drugs , spaces, permits, recognition of homebased & domestic workers, training & facilitation, corruption, person with disabilities and government plans Responsibilities and Time Frames COGTA, ILO, communities, SALGA, DOL, DSBD, DOH, Home Affairs, DSD, DOE, DTI, and NEDLAC Long term: 5 year plan linked to government, subject to annual review. Short term: 6 months – year Pilot Discussion on the selection of municipalities for piloting (including 3 rural) Implementation Plan Implementation plan was reviewed and captured: including additional items with inputs, time frames and stakeholder responsibilities (refer to separate document as captured by Pat) Ø

CONCLUSIONS ON THE LOCAL MUNICIPALITY PROPOSAL 1. Initial kick-start – a collaborative workshop supported by ILO, to be attended by all relevant stakeholders in government, other NEDLAC social partners, and identified representative organizations of workers in the informal economy, to discuss and agree upon 2. Social Protection 3. Representation and collective bargaining – Street. Net / WIEGO, etc. 4. Database of all identified sectors in the Informal sector: Further discussions on funding modalities 5. Identify and implement evidence based projects: Sectoral based on the data base 6. Evidence based Capacity building programs for Informal Economy actors 7. Training in municipal management systems – priority area, areas of training to be determined by evidence 8. Well planned, coordinated, monitored exchange visits (Need Tools to ensure accountability & replication) 9. Infrastructure development and support 10. Facilitating the ease of doing business: Conducive Policy environment: Bylaws & regulations 11. Local government NEDLAC model 12. Provide Incentives, compliance & enforcement e. g. (Promote compliance and Cooperate Social Investments)

Proposal – challenges, concerns, gaps National NEDLAC, planned provincial NEDLAC, what about local level NEDLAC Integrate implementation plan with IDPs Formal business is not participating on purpose because they fear competition – how come they go to Geneva to discuss this issue but don’t come to country workshop? ILO is funding projects which compete with informal economy workers Problem of incentives (compensation for loss of income when attending workshop) Complaint about funding constraints (govt. funding not felt on the ground) Local govt. allocates land to big business (e. g. mall developments) – must include criteria for empowering informal economy (i. e. provide space in their plans) Budgets need to be allocated in municipal wards to informal traders What criteria will be used to invite informal economy reps to (national) events? Time-frames are often left out of presentation of government projects Challenges Selling of drugs all over Lack of facilities – free toilets, etc. No privacy/security in toilets at landfill sites and taxi ranks Divide & rule role played by municipalities – they are supposed to unite Continuity of administration of programmes – agreements must be institutionalised so we don’t have to keep on re-starting Concerns Taxi industry – customer care training needed before anything else – taxi drivers agree Home-based care – need data-base Street vendors – permits need to be issued with registration (one-stop), need training about spatial regulation, need funding, business skills and customer care training, need to register Refugees & foreigners – govt. must reduce them, especially Islamic migrants CC needs training on immigration & Refugee Acts Engage with Home Affairs wrt foreign nationals Acts & bylaws need to respond to economic needs of informal economy, not against them Gaps Missing sectors: Domestic workers Home-based care workers

1. R 204 Implementation Plan at national govt. level Legal reform Establish small dedicated Task Team. Should we use existing Task Team on R 204 established at Durban R 204 implementation meeting where CC was left out? Agreed, with addition of CC. Time-lines – 2 weeks. Current composition – 3 govt. reps, one from labour, one from business. Govt. also wants to add more municipal reps. Community – one from each sector ? ? Labour – COSATU Business – BUSA Govt (led by Do. L) – Do. L, DSBD, SALGA (+ 9 municipalities? ) Community – 2 members in next meeting – but possibly expand to rep for each sector* First meeting to be convened in July, to discuss: 1. Representation moving forward 2. Gap analysis re legislation for R 204 3. National dialogue on informal economy & Future of Work – by November *collect names for each sector 2. Coordinated engagement between relevant govt. departments Agreed – leading role of Do. L Proposed to put rest of this issue to Task Team to determine, including TORs, then they will submit decision to DWCP 1. National Dialogue on role of informal economy in Future of Work 6 months after first Task Team meeting, subject to funding. (Piggy-back on national Summit if appropriate – but next one is in 2018, so not appropriate) 3. Materials Agreed. ILO materials dissemination, as well as production and dissemination of new materials in all languages. Discussion about content of publication, and class content.

Emerging thematic areas from the Proposal Consultation Funding Training Capacity Building By-laws Infrastructure Enforcement Corruption Monitoring and Evaluation Legislation

Criteria for selection for municipalities Good governance By-laws Financial management Pro Informal sector Track record for service delivery Inclusion of urban, rural and local municipalities Political buy-in Selection of the Municipalities Consensus could not be reached in selecting the pilot municipalities Participants were requested to coccus and agree of final selection of pilot municipalities

DOL Presentation 4 Proposed National Interventions Consensus of the contents of the proposed plan Previous meetings held R 204 task teams to advise on the way forward Further engagement was recommended on publication and dissemination of information DOL will revert back to the task teams with meeting dates in July 2017

Presentation – New Urban Agenda 2016 Emulating best practices models Monitoring and evaluation Challenges - lack of synergies at various implementation levels General dissatisfaction with services Needs of informal workers ( i. e. day care facilities for mothers while at work) Importance of dialogue with informal workers Theory of change – 3 Vs – Voice, Visibility & Value Follow-up discussion on New Urban Agenda 2016 Timeframes for implementation remains a challenge Research conducted show be inclusive and reflects the voices of communities Mismanagement of funds Laicity to implement by government officials Level of responsibility from the communities

Decent Work Agenda ILO Strategic Objectives (Four Pillars) Rights at Work Employment Creation Social Protection Social Dialogue

The four Strategic Pillars/ Objectives of the ILO 1. Employment promotion: Creating sustainable institutional & economic environment to ensure: Ø Development of skills, capacities for productive employment and well-being Ø Sustainable enterprise's for economic growth, creation of employment & job opportunities Ø Help societies to realize economic development > Social Progress and > Environmental sustainability 2. Social Protection: Which is sustainable and domesticated to national context to include: Ø Extension of social security to all including provision of basic income as need be Ø Healthy & Safe working conditions Ø Maternity protection Ø Policies and laws promoting far wages, and earnings, hours, etc, and equal share of productivity & minimum living wage.

The four Strategic Pillars/ Objectives of the ILO 3. Promoting Social Dialogue & Tripartism in order to: Ø Translate economic development > Social Progress and > Environmental sustainability Ø Facilitating national consensus on policies that impact on employment and decent work Ø Making labour laws and institutions effective, so as to recognize and respect employment relationships and sound labour relations and building sound labour inspection systems 4. Principles and Rights at work ØThat effective recognition of the freedom of association and rights to collective bargaining are key for achieving Decent work ØThat the fundamental rights including freedom of association and collective bargaining, freedom from child labor and forced labour and the rights to equal pay and non discrimination are human rights Ø That the violation of fundamental principles and right at work do not equate legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes.

Challenges For Translating Global, Regional, National and Local Legal Policy Frameworks v. EVIDENCE BASED PROGRAMMING v. INTEGRATION or MAINSTREAMING v. COMMUNICATION & ADVOCACY v. INSTITUTIONALISATION & CAPACITY BUILDING v. PARTNERSHIPS v. ENSURING ACCOUNTABILITY v. MONITORING & EVALUATION

Policy Coherence for Sustainable Development § 1919 Foundation – Universal and lasting peace can be established only if it is based on social justice. § 1944 Philadelphia Declaration – Poverty anywhere is a threat to prosperity everywhere § 1992 Rio Earth Summit – rethinking of economic growth, advancing social equity and ensuring environmental protection § 1995 Copenhagen Social Summit § 2000 Millennium Declaration and the MDGs § 2008 Social Justice Declaration

The lead-up to the 2030 Agenda • 2012 Rio +20: sustainable development goals addressing the economic, social and environmental dimensions • 2014 -15: Open Working Group: government negotiations, Friends of Decent Work • July 2015: Addis Ababa Action Agenda: Financing • September 2015: 2030 Summit adopted the new 2030 Agenda for Sustainable Development • December 2015 COP 21: Climate Change Sustained ILO engagement: MULTILATERALS, NY office, ROs, COs, Friends of DW

A global agenda - People need better jobs My. World survey: Proportion of people from each country who selected jobs as one of their priorities in the post-2015 agenda

DECENT WORK & ECONOMIC GROWTH SOCIAL ECONOMY MODEL TH Macro Level – Advocacy for evidence-based National Employment policies that integrates health & safety Meso Level – Organising and strengthening the capacity of employers and workers organisations to ensure health & safety in the workplace DWCP Micro Level – targeted initiatives to sensitise workers & employers on OSH legislations

The Model: Theory of Change Policy Research Macro Level Governments & Policy makers Stakeholder Policy Dialogues Outcome: 2. 3 Health & Safety of workers at workplace ins greatly improved Development of OSH Policy Frameworks Technical Assistance Meso Level Employers and Program Managers Training of labour Inspectors on OSH Integration of OSH local policies & frameworks Partnership & Capacity of Public institutions on OSH SDG 8 Decent WORK & Economic Growth Reduced OSH incidents Micro Level Workers Increased knowledge on OSH Sensitization on OSH for workers and employers No. of workplaces implementing Govt approved OSH standards Number of workplaces implementing Government OSH 8. 8 Protect labour rights & promote safe working environments for all workers DWCP Outcome 2. 3 Health & Safety of workers at workplace is greatly improved Common Gaps § Lack of data on stats § Lack of capacity of labour inspectors on OSH § Limited knowledge & awareness by workers and employers on OSH legislation § Lack of required policy framework on OSH § Unhealthy working conditions

ü Introductory Workshop Series ü Public Awareness Campaign ü Opportunity Management ü ü Initial engagement Working with formal bodies/forums Fostering public-private partnerships Guidance on dialogues ü ü Reviewing existing strategies / plans Recommendations to leadership Setting nationally-relevant targets Formulating plans using systems thinking ü ü Indicator development and data collection (including baseline) Disaggregating data Monitoring and reporting systems Review processes and mechanisms