COVER NOTE: NOMINATION OF NELSON MANDELA FOR ILO DECENT WORK PRIZE. We, the undersigned, representing organized labour and the business community in South Africa, hereby formally nominate Mr Nelson Mandela to be the first recipient of the ILO Decent Work Prize. The attached motivation contains details of some relevant parts of his life and work. A separate submission of copies of laws and relevant speeches will follow. Letters of support from one or more leading academics will follow shortly. We confirm that there has been discussion with the Office of President Mandela regarding this nomination. Sponsored by Zwelinzima Vavi, General Secretary, COSATU. Patrice Motsepe, President, Business Unity South Africa Ebrahim Patel, Overall Convenor Organised Labour at NEDLAC Jerry Vilakazi, CEO, BUSA Vic Van Vuuren, COO, BUSA Co-sponsored by Mahlomola Skhosana, General Secretary, NACTU Dennis George, General Secretary, FEDUSA NOMINATION FOR DECENT WORK PRIZE This nomination is submitted by and on behalf of the following organisations: Trade Unions: COSATU, NACTU and FEDUSA, being three trade union federations in South Africa with a combined membership in excess of 2,5 million. Business Organisations: Business Unity South Africa (BUSA), being the representative organisation of the business community in South Africa. Nominee: The organisations nominate President Nelson Mandela as the first recipient of the ILO Decent Work Prize. His contact details are as follows: Nelson Mandela Foundation Nelson Mandela House 107 Central Avenue Houghton 2041 South Africa Ph +2711728 1000 Fx +2711728 1111 Basis for Motivation President Mandela is well known for his contribution to the promotion of democracy and the advancement of human rights. He has however also made a deep and life long contribution to knowledge and policy advocacy on the central concerns of the ILO and its constituents which reflects and advances the understanding of the different dimension of decent work. This has included the programmes he launched as President to create jobs (including the 1998 Presidential Job Summit), guaranteeing rights at work (through his initiation of major reforms of the labour market and the adoption of a range of new laws – the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act , National Skills Act - as well as ratification of core ILO Conventions), extending social protection (through the abolition of racial discrimination in social security and the expansion of benefits), promoting dialogue and conflict resolution (through his life work and his launching of one of the most advanced social dialogue institutions anywhere in the world, the National Economic Development and Labour Council - NEDLAC) and his promotion of gender equality (through steps in the political, economic and social arena to address discrimination against women, including at the workplace, through a special law: the Employment Equity Act). His policy advocacy, through speeches, addresses at meetings, role in the formulation of party programmes and later shaping of the laws and public institutions of the democratic South Africa, was based on, and contributed to a deep understanding of socio-economic relationships and policy instruments for the advancement of decent work. These included the relationship between race- discrimination and the denial of decent work, the relationship between globalization and labour standards, the link between economic growth and worker rights and the manner in which public policy may overcome legacies of denial of decent work to the majority of South Africans. His ideas, work and beliefs became an important moral basis for the formulation of policies on the labour market in a democratic South Africa. Unquestionably, this work was of practical relevance for policy purposes and in fact led to major policy outcomes. The contribution was in all respects characterized by excellence: in ideas, in execution, in the manner of building consensus around the core ideas. President Mandela was incarcerated for 27 years and prior to that he spent many years being pursued by the police as a result of his political work. On his release in 1990, he was plunged into the historic mission to lead the country away from apartheid to a non-racial democracy. These conditions are not ideal for the production of a coherent body of written work that represents his unique contribution to knowledge and understanding of decent work. Yet it is without doubt that his life‟s work contributed in profound ways to the realization of decent work. The Committee is requested to consider the unique circumstances of President Mandela‟s life and examine the outputs of laws, institutions and public policies that he was instrumental in forging, in considering this nomination. The motivation that follows is a brief summary that also contains selected quotes from certain speeches and public documents to illustrate the lifelong contribution to issues of decent work. In our view, he would be a fitting person to be the first recipient of the Decent Work Prize and will provide the prize with an honour that will make it sought after in years to come. Motivation – a life in pursuit of decent work for all Nelson Rolihlahla Mandela was born in 1918, one year before the establishment of the ILO, in a village in the Transkei, a region of South Africa. President Mandela has campaigned for the rights of workers throughout his life. During the 1950s, he was involved in campaigns against apartheid laws, including one that required black migrant workers to carry special identity documents called „passes‟ and he strove to have the pass laws abolished. In those early years, Mandela worked closely with trade unionists and fought against exploitation of African workers. In 1955, he was a key part of the Congress of the People, a gathering of workers, students, women, political organisations and others, which drafted the „Freedom Charter‟, a document that became the inspiration of the struggle against apartheid. The Freedom Charter reflected a commitment to decent work goals, calling inter alia for the following: There Shall be Work and Security! All who work shall be free to form trade unions, to elect their officers and to make wage agreements with their employers; The state shall recognise the right and duty of all to work, and to draw full unemployment benefits; Men and women of all races shall receive equal pay for equal work; There shall be a forty-hour working week, a national minimum wage, paid annual leave, and sick leave for all workers, and maternity leave on full pay for all working mothers; Miners, domestic workers, farm workers and civil servants shall have the same rights as all others who work; Child labour, compound labour, the tot system and contract labour shall be abolished. During the 1950s, he called for mass action against apartheid and was centrally involved in calling for workers to take part in a general strike against the apartheid system, for which he was formally charged and convicted for incitement to strike and while in prison, he was charged with sabotage in what became known as the Rivonia Trial. In 1964, during his trial he delivered a powerful speech in court “I am prepared to die”, that dealt with political and economic issues. The speech addressed centrally the question of worker rights for the African majority and helped to conceptually relate what in a later era became known as decent work, to the fight against racial discrimination. He stated: The other main obstacle to the economic advancement of the African is the industrial colour-bar under which all the better jobs of industry are reserved for Whites only. Moreover, Africans who do obtain employment in the unskilled and semi-skilled occupations which are open to them are not allowed to form trade unions which have recognition under the Industrial Conciliation Act. This means that strikes of African workers are illegal, and that they are denied the right of collective bargaining which is permitted to the better-paid White workers. The discrimination in the policy of successive South African Governments towards African workers is demonstrated by the so-called 'civilized labour policy' under which sheltered, unskilled Government jobs are found for those white workers who cannot make the grade in industry, at wages which far exceed the earnings of the average African employee in industry… The lack of human dignity experienced by Africans is the direct result of the policy of white supremacy. White supremacy implies black inferiority. Legislation designed to preserve white supremacy entrenches this notion. Menial tasks in South Africa are invariably performed by Africans. When anything has to be carried or cleaned the white man will look around for an African to do it for him, whether the African is employed by him or not. Because of this sort of attitude, whites tend to regard Africans as a separate breed. They do not look upon them as people with families of their own; they do not realize that they have emotions - that they fall in love like white people do; that they want to be with their wives and children like white people want to be with theirs; that they want to earn enough money to support their families properly, to feed and clothe them and send them to school. And what 'house-boy' or 'garden-boy' or labourer can ever hope to do this?... Africans want to be paid a living wage. Africans want to perform work which they are capable of doing, and not work which the Government declares them to be capable o Africans want to be allowed to live where they obtain work, and not be endorsed out of an area because they were not born there. Africans want to be allowed to own land in places where they work, and not to be obliged to live in rented houses which they can never call their own. Africans want to be part of the general population, and not confined to living in their own ghettoes. African men want to have their wives and children to live with them where they work, and not be forced into an unnatural existence in men's hostels. African women want to be with their menfolk and not be left permanently widowed in the Reserves. Africans want to be allowed out after eleven o'clock at night and not to be confined to their rooms like little children. Africans want to be allowed to travel in their own country and to seek work where they want to and not where the Labour Bureau tells them to. Africans want a just share in the whole of South Africa; they want security and a stake in society. He was sentenced to life imprisonment on Robben Island. During his time there, trade unionists who were on Robben Island prison attest to his continuing commitment to decent work and to discussing with fellow political prisoners issues relating to the Freedom Charter and the struggle for rights at work. In February 1990 he was released from prison. In his first public address in Soweto on 13 February 1990, he addressed the issues of decent work and the associated economic and social dimensions in the following manner: We believe that apartheid has created a heinous system of exploitation in which a racist minority monopolises economic wealth while the vast majority of oppressed black people are condemned to poverty. South Africa is a wealthy country. It is the labour of black workers that has built the cities, roads and factories we see. They cannot be excluded from sharing this wealth. The ANC is just as committed to economic growth and productivity as the present employers claim to be. Yet we are also committed to ensure that a democratic government has the resources to address the inequalities caused by apartheid. Our people need proper housing, not ghettos like Soweto. Workers need a living wage - and the right to join unions of their own choice and to participate in determining policies that affect their lives. Our history has shown that apartheid has stifled growth, created mass unemployment and led to spiralling inflation that has undermined the standards of living of the majority of our people, both black and white. Only a participatory democracy involving our people in the structures of decision making at all levels of society can ensure that this is corrected. We will certainly introduce policies that address the economic problems that we face. We call on employers to recognise the fundamental rights of workers in our country. We are marching to a new future based on strong foundations of respect for each other achieved through bona fide negotiations. In particular we call for genuine negotiations to achieve a fair Labour Relations Act and mechanisms to resolve conflict. Employers can play their role in shaping the new South Africa by acknowledging these rights. We call on workers, black and white, to join industrial trade unions organised under the banner of our non-racial progressive federation, the Congress of South African Trade Unions, which has played an indispensable role in our struggle against apartheid. In June 1990, in one of his first international trips, he spoke at the International Labour Conference. In his opening paragraph, he drew attention to the character of the ILO and its relationship to the South African struggle: It is a matter of great honour to us that we are able to address this august body, which is one of the most representative institutions within the United Nations system. We thank you most sincerely for your invitation which we believe was inspired by your commitment to the struggle to end the evil system of apartheid… He spoke about his commitment to address poverty and deprivation and gave a commitment to the ratification of ILO Conventions: It is equally obvious that serious measures would also have to be taken to address the issue of ensuring that our economy benefits all our people. As you all know, millions of our people are condemned to a life of misery and deprivation, without food, housing, clothing, education, jobs and access to health care. At the same time, others live opulent lives. While not seeking to impoverish anybody, quite clearly we have to address the issue of those who are deprived with the greatest vigour. In this context, we wish to make this undertaking: that the new South Africa will have to ratify the Conventions that the ILO has adopted over the decades, to ensure that the humane purposes intended by the promulgation of those Conventions are realised in our country as well. Years later, the Director General of the ILO, Mr Juan Somavia, recalled, at a meeting that dealt with discrimination, the ILO‟s work on discrimination and that visit by President Mandela We are active in many ways to combat discrimination in the workplace. And we will continue to work with the United Nations to promote the Secretary-General's Global Compact. But to move forward faster, developing countries need much better development opportunities to deliver decent work and reduce poverty. It is because real equality of opportunity is not there that the present model of globalization is losing credibility. Eleven years ago, in June 1990, just a few months after his liberation, Nelson Mandela came to the ILO Conference - as he said - to recognize the ILO's prominent role in the fight against apartheid. We honoured him and the struggle of the South African people with the longest standing ovation in the history of ILO institutions. In 1994, President Mandela contributed an article for the 75th Anniversary of the ILO (“The continuing struggle for social justice”) in which he addressed tripartism, globalization and labour standards. In it he stated …As we reconstruct our society and begin to engage with the outside world, there is one lesson we wish to highlight. We cannot rebuild our society at the expense of the standard of living of ordinary men and women. We cannot develop at the expense of social justice. We cannot compete without a floor of basic human standards. If this is true inside our own society, it is true for the world as a whole. As trade barriers collapse and the mobility of capital, goods and services becomes an increasingly familiar phenomenon, States should not compete for capital, services and goods by condemning the rural and urban poor to permanent penury. Trade must be based on a minimum floor of standards and rights. Poverty should never be the competitive edge. Productivity, entrepreneurship, skills, education – these must be the basis from which a society develops and trades… During the period of negotiation that preceded the first democratic elections, he strongly advocated rights to freedom of association and helped to build the trade union movement. In May 1994, he was elected President of South Africa. In September 1994, he addressed the Congress of South Africa‟s largest trade union federation, and stated: The kind of democracy that we all seek to build demands that we deepen and broaden the rights of all citizens. This includes a culture of workers' rights. Already, progress has been made, through joint consultation between Government and the trade union movement, to start implementing a plan of action to achieve this. Among the central questions that require urgent attention, are the basic conditions of employment, regulations on collective bargaining and the right to strike. Combined with issues such as the democratisation of the work-place, an end to discrimination and central industrial bargaining, all these initiatives will help to improve labour relations and therefore economic growth and development. To achieve this requires a partnership that will now find expression in statutory arrangements involving all the major role-players in the economy. The decision to set up of the National Economic, Labour and Development Council is an important part of this process. (We are determined as Government that this body should be formally constituted before the end of this month.) Among the many urgent tasks that face this Council is the question of industrial restructuring so necessary for us to become a full and competitive partner in international economic relations. We say this task is urgent because we shall never fully enjoy the benefits of our international standing as a democracy, if we do not bring our industries to international standards. Rather, we will become a victim of our own achievements. Yet it is crucial, as the various tri-partite forums have indicated, that this should be implemented with due regard to human resource development and all-round strategies to improve productivity. It should be carried out with maximum consultation, and at a pace that will not adversely harm our economy in general and workers in particular. The Council will also have to examine, s a matter of urgency, the issue of a social consensus among the various economic role players. The Government is fully committed to the protection of the integrity of the collective bargaining system. Yet, among the lessons that we have all learnt from recent industrial actions is that this system should be improved, particularly with respect to mechanisms of mediation that should help resolve disputes before they come to a head. It is quite instructive that major sectors such as mining, clothing and textile, and the iron, steel and metallurgical industries concluded their negotiations without recourse to strike action. Besides the fact that the number of strikes in this period this year was much lower than in previous years, this goes to demonstrate that we have healthy industrial relations in South Africa. The psychology of crisis, fanned by some enthusiasts in the media, has little to do with reality. At the same time, we need to challenge the notion that strikes are, as a rule, inimical to the task of reconstruction and development. Reconstruction and development entails more than just creating jobs or building houses. It means the fundamental restructuring of society as a whole, including relations at the work-place. The more labour, business and Government interact in working out individual and collective contributions to reconstruction and development, the more will some of the industrial actions become unnecessary. Over the next five years, President Mandela presided over the transformation of the South African labour market from its apartheid past to a new democratic dispensation. This involved fostering and strengthening social dialogue, passing a range of legislative measures and laws to give effect to the commitment to decent work and entrenching certain fundamental principles and rights at work in the country‟s constitution. The key areas in which he made this contribution is briefly summarised below, and the attachments will contain more information on each of these areas. President Mandela commissioned a study of the South African labour market, and involved experts from the ILO therein. The Report concluded “Labour market policy was, arguably, the centrepiece of apartheid‟s mechanism of social control and its economic growth strategy. Poverty, discrimination and inequality were the hallmarks of its workings and consequences”. The Report developed a new framework for the reform of the labour market to abolish apartheid and discrimination and to promote decent work objectives. Formation of Nedlac President Mandela contributed to the advancement of social dialogue in South Africa by signing into law the National Economic Development and Labour Council Act, 1994, being the first major act passed by the democratic parliament. This set up the statutory social dialogue institution in South Africa that brings together organised labour, business, government and community representatives. NEDLAC has been the forum through which social partners have been able to shape legislation on matters as diverse as labour and competition policy, developed consensus on trade matters, discussed fiscal policy, held meetings with the central bank on monetary policy and developed common perspectives on major social and economic matters. NEDLAC consists of four chambers of work, being labour market policy trade and industry fiscal and monetary policy development policy. Labour Relations Act During 1995, President Mandela initiated a process to develop the legal framework for the new democracy‟s industrial relations system. His government appointed a team of experts to draft a proposal in the shape of a draft law. Through the agency of Nedlac and by using social dialogue, the social partners co-determined the new law. In 1995, at the opening of parliament, he stated This year parliament will be faced with a heavy load of extremely important legislation that it will have to deal with. The importance of this legislation derives from the fact that it will be transformative in character, aimed at the creation of the social order which for which many struggled and sacrificed. One of these pieces of legislation is the Labour Relations Bill which represents not only a decisive shift from our adversarial past in labour relations, but also our commitment to a more democratic style of governance. While correctly entrenching the right of workers to resort to strike action, the Bill places emphasis on conciliation and negotiation of disputes and should contribute significantly to reducing the level of unnecessary industrial action and creating greater possibilities for joint action between government, labour and business to build a prosperous and just society. Following extensive negotiations as well as very extensive public participation and peaceful public demonstrations, the social partners reached agreement on this most significant piece of legislation. At one point, during a major march by workers through the city of Johannesburg, President Mandela joined the march of more than 150 000 workers. Following agreement on the law, President Mandela signed into law the Labour Relations Act in 1995 which set out the framework for the South African industrial relations system, including the promotion of trade unionism and business organisations, facilitate collective bargaining, introduce dispute resolution and prevention institutions and clarifies the rights of workers and employers. The LRA established the Commission for Conciliation, Mediation and Arbitration (CCMA), a world-class institution that has to date dealt with more than a million individual cases and complaints and has contributed to a significant increase in industrial peace in the workplace. The introduction to the legislation states (full copy of the law attached) OFFICE OF THE PRESIDENT No. 1877. 13 December 1995 NO. 66 OF 1995: LABOUR RELATIONS ACT, 1995. It is hereby notified that the President has assented to the following Act which is hereby published for general information:- ACT To change the law governing labour relations and, for that purpose- to give effect to section 27 of the Constitution; to regulate the organisational rights of trade unions; to promote and facilitate collective bargaining at the workplace and at sectoral level; to regulate the right to strike and the recourse to lock-out in conformity with the Constitution; to promote employee participation in decision-making through the establishment of workplace forums; to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration is established), and through independent alternative dispute resolution services accredited for that purpose; to establish the Labour Court and Labour Appeal Court as superior courts, with exclusive jurisdiction to decide matters arising from the Act; to provide for a simplified procedure for the registration of trade unions and employers' organisations, and to provide for their regulation to ensure democratic practices and proper financial control; to give effect to the public international law obligations of the Republic relating to labour relations; to amend and repeal certain laws relating to labour relations; and to provide for incidental matters. (English text signed by the President. Assented to 29 November 1995.) President Mandela addressed a number of business meetings at which he called for partnerships between business and labour. In 1995, opening the new headquarters of a major mining house, he said The Labour Relations Act provides a new opportunity for management and labour to work together to put labour relations in the industry in tune with our democratic society's aspiration towards social justice, and with the requirements of competitiveness. It should also be used to lend even more urgency to making the industry safer for those who work in it. The industry needs to become more representative of society, at every level. This requires employment policies to bring in new people, human resources policies to upgrade the skills of employees and deliberate steps to open the industry to entrepreneurs who have been previously excluded. The corporations command substantial resources which can contribute more directly to the realisation of our broader vision of a better life. Basic Conditions of Employment Act The next area of reform of the labour market was to have a basic floor of rights for workers, covering matters such as hours of work, rest periods, overtime payments, maternity leave, annual leave, prohibition of child labour and procedures to establish minimum wages in certain sectors of the economy. The President initiated a process of discussion in the social dialogue institution, Nedlac. In 1996, the social partners and government negotiated a new law to establish minimum standards applicable to employment. In 1997, in his speech in parliament to open the debate on his vote, he stated: Tomorrow Cabinet discusses a draft bill on basic conditions of employment before it is put on the table for public debate. In the context of the new Labour Relations Act, and together with the Green Paper on skills training, these measures will determine our capacity as a society to ensure that working conditions match the ideals of our new democracy. They will mould our ability to revolutionise our economy and to seize the opportunities which our entrance into the global market has brought us. These are not opposing objectives, to be set off one against the other. Rather they are complementary. It is of vital importance to the nation that business and organised labour, and indeed all other stake-holders, do as they have done before, and find mutually acceptable solutions. In like measure we all have an interest in ensuring the success of our job- creation policies. While conferences are no solution, the proposal for a major summit on employment and growth, later this year, has merit. Following consensus between the parties, the President signed the Basic Conditions of Employment Act (BCEA) into law in 1997. The summary of the Act (the full text is annexed) states OFFICE OF THE PRESIDENT No. 1631. 5 December 1997 NO. 75 OF 1997: BASIC CONDITIONS OF EMPLOYMENT ACT, 1997. It is hereby notified that the President has assented to the following Act which is hereby published for general information:- No. 75 of 1997: Basic Conditions of Employment Act, 1997. ACT To give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation; and to provide for matters connected therewith. (English text signed by the President.) (Assented to 26 November 1997.) Employment Equity Act South Africa‟s transition to political democracy led to a new employment law dispensation that encapsulates the new government‟s aims to reconstruct and democratise society and the economy, in the employment relations arena. Following on the actualisation of this “true democracy” the real work began. President Mandela not only spoke of human rights but followed a clear strategy of implementing plans to eradicate all forms of discrimination and simultaneously address inequality caused by Apartheid. The South African Government recognised that as a result of apartheid and other discriminatory laws, there were disparities in employment, occupation and income within the national labour market and that these disparities created disadvantages for certain categories of people which could not be redressed simply by repealing discriminatory laws. Under the hand of President Mandela employment equity legislations was introduced through the Employment Equity Act 55 of 1998. This act applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action. The employment equity legislation enables for a clear and peaceful transformation process addressing areas related to race, gender and persons with disability and has established itself an international model when dealing with both overt and covert discrimination. Furthermore this Act has lead to the creation of guidelines on dealing with discrimination on persons who are affected with HIV/AIDS. In the article “Can we afford justice and equity? (February 2006)” a commentator from the World Health Organisation from Australia, had the following to say about President Mandela and his role regarding equity. ” There is growing evidence that we have to make a more equal and fair world if we want to promote health and well-being. Many commentators have pointed out that the fuel for the action of violent extremists is the existence of massive global inequities. It is certainly true that the larger the gaps in wealth the higher the crime and social dislocation. Richard Wilkinson in his The Impact of Inequality. "How to Make Sick Societies Healthier" quotes study after study to support this point and concludes unequivocally that "redistributing income from rich to poor improves health no matter the mechanisms". The processes appear to be that more equity leads to less envy, more social solidarity and a greater sense of community and harmony. This is the type of world that is envisioned by the CSDH. Achieving this world will seem an impossibility if we imagine all the reasons (and cost will be near the top of the list) why it is not possible. Instead, we need a justice imagination that learns from Nelson Mandela who reminds us that poverty and the sapping of the human spirit and potential it brings is "not a preordained result of the forces of nature or the product of a curse of the deities. But the consequences of decisions which men and women take or refuse to take." The CSDH is in an ideal position to take decisions in favour of equity, health and the right of all people to a reasonable standard of living – not to take these decisions will cost us all dearly.” National Skills Act ”Education is the most powerful weapon which you can use to change the world.” Nelson Mandela One of the evils of Apartheid was the withholding of education from black South Africans. Thanks to President Mandela since democracy education has been and still remains at the forefront of labour market policy. Together with the other labour legislation President Mandela was also instrumental in introducing the Skills Development Act. In doing so he clearly demonstrated the importance that education will have in eradicating past discriminatory practices and empowering all South Africans in striving for equality. The Skills Development Act aims to develop the skills of the South African workforce and to improve the quality of life of workers and their prospects of work. To improve productivity in the workplace and the competitiveness of employers and to promote self-employment. Government‟s efforts in respect of education and training will improve the opportunities of those who are reached but, without other interventions such as job creation and equal opportunity initiatives - will not „solve‟ the problems of poverty and inequality. There are four areas of education and training with special significance for the poor: early childhood development (ECD), the childhood years of free and compulsory schooling, adult basic education and training (ABET), and further vocational provision for previously disadvantaged adults. If improvement of provision focuses on these areas, it will have the greatest impact on the current enormous disparities. Approximately one quarter of the government budget is allocated to Education, while state financial support for training is primarily within the budget of the Department of Labour. “Education is the great engine of personal development. It is through education that the daughter of a peasant can become a doctor, that a son of a mineworker can become the head of the mine, that a child of farm workers can become the president of a great nation. It is what we make out of what we have, not what we are given, that separates one person from another.” Nelson Mandela Bill of Rights In 1996, President Mandela presided over the adoption of South Africa‟s new Constitution which includes a section on labour relations. This entrenches the fundamental principles and rights relating to freedom of association and right to bargain collectively in the Bill of Rights of the Constitution of the Republic of South Africa. The clause in the Bill of Rights read as follows: Labour relations 1. Everyone has the right to fair labour practices. 2. Every worker has the right a. to form and join a trade union; b. to participate in the activities and programmes of a trade union; and c. to strike. 3. Every employer has the right a. to form and join an employers' organisation; and b. to participate in the activities and programmes of an employers' organisation. 4. Every trade union and every employers' organisation has the right a. to determine its own administration, programmes and activities; b. to organise; and c. to form and join a federation. 5. Every trade union, employers' organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1). 6. National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1). ILO Conventions One key means of advancing the ILO Decent Work Agenda is through ratification of ILO Conventions. During his presidency, South Africa ratified a number of ILO Conventions, being Convention 87 on Freedom of Association and the Right to Organise Convention 98 on the Right to Organise and Collective Bargaining Convention 29 on Forced Labour Convention 105 on the Abolition of Forced Labour Convention 111 on Discrimination (Employment and Occupation). Other areas During an address to the COSATU Congress in 1997, President Mandela drew attention to the vital role of social dialogue: “Our new constitution and other laws secure and entrench new rights for workers, most of them unheard of in the history of our country; many of them the most advanced in the world. In NEDLAC we have an institution which formalizes and promotes the participation of civil society in the determination of policy.” In 2001, the President addressed the trade union executive to lead the fight against HIV/Aids, a role he has continued to play actively. President Mandela has contributed a number of public policy initiates to promoting decent work. In 1998, he convened the Presidential Job Summit to use social dialogue as a tool to promote decent work. Conclusion Nelson Rolihlahla Mandela has lived a life committed to the goals of democracy and decent work. Prison deprived him of the opportunity to develop a considerable body of writing that expanded and elaborated on the knowledge base that he so clearly sought to advance. Yet, in spite of this, he wrote and lectured extensively on the subject, and through his role as President, helped to develop laws, policies and institutions that gave practical expression to decent work objectives. His intellectual contribution has been immense, in the ideas of the importance of political and social dialogue, in his work and lifelong fight against discrimination which had and in many parts of the world continues to have a strong labour market component, in his advocacy of labour rights as a vital part of the democratic rights package, in his contribution that identifies the need for a social dimension to globalization. This document has highlighted a few of these areas.