Memorandum of Agreement (MoA) on tabour Goopera.tion Between the Government of New Zealand and the Government of the Republic of the Phiiippines  The Government of New Zealand and the Government of the Republic of the Philippines (hereinafter referred to coliectively as the "Parties" or individually as a "Party", uniess the context otherwise requires): Desiring: to express an approach deaiing with labour issues based on cooperation, consultation and dialogue that takes accouni of the unique circumstances, needs and future aspirations of the Pariies and reflects their desire to strengthen their growing economic and political relationship; Recaliing their resolve to improve working conditions and living standards in their respective countries and protect, enhance and enforce fundamental workers' rights, taking into account difierent levels of national development; Acknowiedging their commitment to high level standards of labour laws, policies and practices and that they are committed to uphold them in the context of economic development and trade liberalisation; Seeking to promote sound labour ooiicies and practices and closer and greater cooperation, and to improve the capacities and capabilities of the Pariies to achieve these; Sharing the common aspiration that free trade and investment should lead to job creation, decent work and meaningfuljobs for workers. both  domestically and internationally, in accordance with universal principles of international instruments on labour and empioyment; HAVE AGREED AS FOLLOWS: Ariicie 2 Objectives The objectives of the Parties shall be to: (a) promote better understanding of each Party's labour systems, sound iabour policies and practices and decent work, and improve the capacities and capabilities of the Pariies; (b) provide a iorum to discuss and exchange views on labour issues of interest or concern; (c) promote better understanding and observance of the principles embodied in the ILO Declaration on Fundamental Principles and Rights at Worii and its Follow-up (l998)' and other international ~nstrumentson labour and empioyment to which they are patty; (d) support the commi.tmenls made by the Parties in this MoA with See Attachment 1 (110 Declaration on Fundamental Pr~ncipiesand Rights at Work and 11s Follow-up (1998)), which does not form an Integral part of thls MoA  a view to improving tne working conditions and quality of wofi: iife in their respective countries; and (e) facilitate cooperation and dialogue in order to strengthen the broader relationship between the Parties. Asiicie 2 Basic Principles 'i. The Parties reafiirm their obligations as members of tne lL0 and their commitment to the principles of the 110 Deciaration on Fundamental Principles and Rights at Work and its Follow-up (1998). 2. Each Party shall work to ensure that its labour iaws, regulations, policies and practices are in harmony with their respective international labour commirments. 3. The Pariies respect their sovereign rights to set their own policies and nationai priorities and to set, administer and enforce their own iabour laws and regulations. 4. The Parties recngnise that it is inappropriate to set or use their iabour iaws, regulations, poiicies and practices for trade proteciionist purposes. 5. The Parties recognise that it is inappropriate to encourage trade or  investment by weakening or reducing the protections afforded in domestic labour laws, regulations, policies and practices. 6. Each Party shall promote public awareness of its labour laws and regulations domestically. Article 3 Cooperation 1. Taking account of their national priorities and avaiiabie resources, the Parties agree to cooperate on labour matters of mutual interest and benefit. The Parties shall mutually agree on specific labour cooperative activities. 2. Each Party may, as appropriate, invite the pariicipation of its unions and employers andloi ot'ner persons and organisations of their countries in identifying potential areas for cooperaiion and in undertaking cooperative activities. 3. Cooperative activities may be in areas inciuding but not limitedto: (a) labour laws and practices, including the promotion of labour rights and obligations and decent work; (b) information, compliance and enforcement sysiems;  (c) sound labour relations, including labour management consultation, cooperation and labour dispute settlement; (d) occupationai safety and health; (e) human capital development, iraining, and employability; and (f) human resource development initiatives including sharing of labour market trends, skills development, building mutual capacity, and the promotion and proteciion of empioyment rights and obligations of migrant workers. 4. Cooperative activiiies may be implemented through a variety of means, such as the exchange of best practice and iniormation, joint projects, studies, exchanges: visits, workshops and dialogue as the Parties may agree, including in relation to international labour iorums and matters. The attached annex provides some examples of potentiai projects for possible cooperation, 5. The resourcing of cooperative activities shall be agreed by the Parties on a case-by-case basis. Article 4 InstitutionalArrangements l. EachPartyshalldesignateanationalcontactpointforlabourmatters  within six months following the entry into force of this MoA to facilitate communication between the Parties. 2. Wit'n a vieu~to guaranteeing the impiemeniation of this MoA, estabiishing a cooperation programme and coordinating the cooperation activities referred to in this MoA, the Pai-iies shall establish a Labour Committee including senior officials of their government agencies responsibie for iabour matters. 3. The Labour Comrnittee shall meet wit'nin the first year of ths signing of this MoA. The Committee shall subsequently meet every two years unless otherwise mutually agreed, to: (a) establish an agreed work programme of cooperative activities: (bj oversee and evaluate cooperative activities; (c) serve as a channel for dialogue on matters of mutual interest; (d) review the operation and outcomes of this MoA; and (e) provide a forum to discuss and exchange views on labour issues of interesl or concern with a view to reaching consensus on those issues between the Parties. 4. in carrying out its work, the Labour Committee may consult with, or invite  the participation of, members of the pubiic or reievant sectors over any matters relating to the operation of this MoA by whatever means that Party considers appropriate. 5. The Parties may exchange information and coordinate activities between meetings using email, video conferencing or other means of communication. ArticIe 5 Consultation 7 . The Parties are committed to following the principlesof mutual respect, dialogue, cooperation and consensus over any matter reiated in this MoA. Should any matter arise over the interpretation or application of the MoA, a Party may request consultations witn the other Party, through the national contact point. The Parties shall make every effort to resolve the matter through cooperation, consultation and dialogue. 2. If a Party seeks a meeting to assist in the resolution of any such matiers, the Parties shall meet as soon as practicable and, unless otherwise mutually agreed. no iater than 90 days following the request. 3. If the matter is not resoived, it may be communicated to a meeting of  the Labour Committee, which may include Ministers, for mutual discussions and consultaiions. Article 6 Disclosure of Information I. No Party shall disclose any information provided by the other Party under this MoA and ciaimed by the other Party to be confidential without the other Party's approval, except where required to do so under the iaws governing thn Party that received the information, subjeci: to a court order. 2. Nothing in this MoA shall be construed to require a Party to furnish or allow access to information the disclosure of which it considers would be contrary to the pubiic interest or the laws governing that Party. Articie 3 Entry into Force, Amendment and Termination 1. This MoA shall enter into force on the date of tne iaier notification by the Pariies. through the diplomatic channel, indicating completion of their respective domestic requirements for entry into iorce. 2. Either Party may propose in writing, through the dipiomatic channel, amendment to this MoA. Any amendments agreed in writing by the  Parties shall enter into force in the same manner as set out in thn preceding paragraph. 3. This MoA shali remain in force for a period of three (3) years from the date of its entry into force and shall auton~aticallyrsnew for further periods of three (3) years unless one Party notifies the other Party of its intention to terminate this MoA by notice in writing, through the diplomatic channel, at least six (6) months prior to the intended date of termination. 4. Notwithstanding Paragraph 3 and unless the Parties otherwise agree, this MoA shali continue as if in farce in relation to programmes andior projects begun prior to terminaiion. IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed th~sMemorandum of Agreement. Done at Wellington and Manila on the dates indicated. ,,-, ,' !,, i I 1 \L,< ..,."?Q.: For the Government of New Zealand For the Government of the Republic of the Philippines Dated this 4; day of iab@v\lbC;c 2008 WELLINGTON Dated this~r"~dayof ';lrc(~mkxr.~2008 IL4ANILA  Annex to Memorandum of Agreement on Labour Cooperation: Same examples of potential projjects for possibie cooperation (under Articie 3 of the M0A) Occupational safety and health - reiiowship and training on the different fields of occupational safety and health Capabiiity buiiding in the following areas of OSH: Personal protective equipment testing Industrial hygiene methodologies Occupation health programmes and biologic monitoring procedures OSH management systems Labour standards Evaluation study on the wo?~ingconditions of workers in the call centre industry Evaluation study on the operationaiisaiion of the Labour Standards Enforcement Framework Conduct of consultations/fora on decent work and international labour standards Labour market information system Capacity building on Labour Market information (LMI) Trends and Systems Research on benchmaruing of the best practices on developing LMI systems Research studies and consuliafions on infernafional standards Conduct of forumslsocial dialogues and consultations on international standards governing iundamental principles and rights at work, employment promotion: social dialogue and social protection Conduct of poiicy research studies and working papers (e.g. macro-poiicy coherence and its impact on decent work, green jobs)  Measuring decent work in public sector Development of decent work indicaiors on overseas employment Conduct of labour market studies  ILO Declaration on Fundamental Princiales and Rights at Work 86th Session. Geneva, June 1998 Whereas the 110was founded in the conviction that social justice is essential to universal and lasting peace; Whereas economic growth is essential but not sufficient to ensure equity, social progress and the eradication of poverty, confirming tine need for the 110 to promote strong social policies, justice and democratic institutions; Whereas the 110should, now more than ever, draw upon all its standard-setting, technicaI cooperation and research resources in all its areas of competence, in pariicular employment, vocational training and working conditions, to ensure that, in the context of a global strategy for economic and social development, economic and socia! policies are mutually reinforcing components in order to create broad-based sustainable development; Whereas the 110 should give special attention to the problems of persons with special social needs. particularly the unemployed and migrant workers, and mobilize and encourage international, regional and national efforts aimed at resoivingtheir problems, and promote efiective poiicies aimed at job creation; Whereas, in seeking to maintain the link between social progress and economic growth, the guarantee of fundamental principles and rights at work is of particular significance in that ii enables the persons concerned, to claim freely and on the basis of equality of opportunity, their fair share of the wealth which they havo helped to generate, and to achieve fully their human potential; Whereas the ILO is the constitutionally mandated international organization and the competent body to set and deal with international labour standards, and enjoys universal support and acknowledgement in promoting Fundamental Rights at Work as the expression of its constitutional principles; Whereas it is urgent, in a situation of growing economic interdependence, to reaffirm tine immutable nature of the fundamental principles and rights embodied in the Constitution of the Organization and to promote their universal application;  The International Labour Conference 1. Recalls: (aj that in ireeiy joining the ILO, all Members have endorsed the principies and rights set out in its Constitution and in the Deciaration of Philadelphia, and have undertaken to work towards attaining the overali objectives of the Organization to the best of their resources and fully in line with their specific circumstances; (b) that these principles and rights have been expressed and developed in the form of specific rights and obligations in Conventions recognized as fundamental both inside and outside the Organization. 2. Deciares that all Members, even if they have not ratified the Conventions in question, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principies concerning the fundamental rights which are the subject of those Conventions, namely: (a) freedom of association and the effective recognition of the right to collective bargaining; (b) the elimination of all forms of forced or compulsory labour; (c) tine effective abolition of child labour; and (d) the eiimination of discrimination in respect of empioyment and occupation. 3. Recognizes the obligation on the Organization to assist its Members, in response to their established and expressed needs, in order to attain these objectives by making full use of its constitutiona!, operational and budgetary resources, including, by the mobilization of external resources and support, as well as by encouraging other internationai organizations with which the liO has estabiished relations, pursuant tc article 12 of its Constitution, to support these efforts: (a) by offering technical cooperation and advisory services to promote the ratification and implementation of the fundamental Conventions; (b) by assisting those Members not yet in a position to ratify some or all of these Conventions in their efforts to respect, to promote and to realize the principles concerning fundamental rights which are the subject of these Conventions: and (c) by helping the Members in their efforts to create a climate for economic and social development.  4. Decides that, to give full effect to this Declaration, a promotional follow-up, which is meaningful and effective, shall be impiemented in accordance with the measures specified in the annex hereto, whizh shall be considered as an integral part of this Deciaration. 5. Stresses that labour standards should not be used for protectionist trade purposes, and that nothing in this Declaration and its follow-up shall be invoked or otherwise used for such purposes; in addition, the comparative advantage of any country should in no way be called into question by this Declaration and its foliow-ua. Follow-up to thp Declaration i. OVERALL PURPOSE The aim of the foliow-up described beiow is to encourage the efforts made by tie Members of the Organization to promote the fundamental principles and rights enshrined in the Constitution of the 110 and the Declaration of Philadelphia and reaffirmed in this Declaration. In line with this objective, which is of a strictly promotional nature, this foliow-up will aliow the identification of areas in which the assistance of the Organization through its technicai cooperation activities may prove useful to its Members to help them implement these fundamental principles and rights. it is not a substitute ior the established supervisory mechanisms, nor shall it impede their functioning; consequently, specific situations within the purview of tnose mechanisms shall not be examined or re-examined witnin the framework of this foiiow-up. The two aspects of this foliow-up, described beiow, are based on existing procedures: the annual follow-up concerning non-ratified fundamental Conventions will entail merely some adaptaiion of the present modaiities of application of ariicie 29, paragraph 5(e),of the Constitution; and the Global Report will serve to obtain the best results from the procedures carried out oursuant to tile Constitution. 11. ANNUAL FOLLOW-UP CONCERNING NON-R,4TlFIED FUNDAMENTAL CONVENTIONS A. Purpose and scope l. Thepurposeistoprovideanopportilnitytorevieweachyear,bymeansof simpiified procedures to replace the four-year review introduced  by the Governing Body in 1995, the efforts made in accordance with the Declaration by Members which have not yet ratified all the fundameniai Conventions. 2. The follow-up will cover each year the four areas of fundamental principles and rights specified in the Declaration. B. Modaiities I. Thefoliow-upwillbebasedonreportsrequestedfromMembersunder article 19, paragraph 5(ej, of the Constitution. T'ne report forms will be drawn up so as to obtain information from governments which have no: ratified one or more of the fundamental Conventions, on any changes which may have taken place in their iaw and practice, taking due account of articie 23 of the Constitution and established practice. 2. These reports, as compiled by the Office, will be reviewed by the Governing Body. 3. With a view to presenting an introduction to the reports thus compiled, drawing atiention to any aspects which might call for a more in-depth discussion, the Office may call upon a group of experts appointed for this purpose by the Governing Body. 4. Adjustments to the Governing Body's existing procedures should be examined to allow Members which are not represented on the Governing Body to provide, in the most appropriate way, clarifications which might prove necessary or useful during Governing Body discussions ro supplement the information contained in their reports. ill. GLOBAL P,EPORT A. Purpose and scope 1. The purpose of this report is to provide a dynamic giobal picture reiating to each category of fundamental principles and r~ghtsnoted during the preceding four-year period, and to serve as a basis for assessing the efiectiveness of the assistance provided by the Organization, and for determining priorities for the following period, in the form of action pians for technical cooperation designed in particular to mobiiize the internal and external resources necessary to carry them out.  2. The report wili cover, each year, one of the four categories of fundamental principies and rights in turn. B. Modalities 1. The report will be drawn up under the responsibiiity of the DirectorGeneral on the basis of official iniormation, or information gathered and assessed in accordance with established procedures. in the case of States which have not ratified the fundamental Conventions, it wili be based in particular on the findings of the aforementioned annual follow-up. in the case of Members which have ratified the Conventions concerned; the report will be based in particular on reports as dealt with pursuant to article 22 of the Constitution. 2. This report will be submitted to the Conference for tripartite discussion as a report of the Director-General. The Conference may deal with this report separately from reports under article 22 of its Standing Orders, and may discuss it during a sitting devoted entirely to this repori, or in any other appropriate way. It will then be for the Governing Body, at an early session, to draw conciusions From this discussion concerning the priorities and pians of action for iechnical cooperation to be impiemented for the foliowing four-year aeriod. IV. IT IS UNDERSTOOD THAT i.ProposalsshallbemadeforamendmentstotheStandingOrdersofthe Governing Body and the Conference which are required to implement the preceding provisions. 2. The Conference shall, in due course. review the operation of this follow-up in the light of the experience acquired to assess whether it has adequateiy iulfiiled the overall purpose articulated in Parf i. The foregoing is the ILO Deciaration on Fundamental Principles and Rights at Work and its Follow-up duiy adopted by the General Conference of the International Labour Organization during its Eighty-sixth Session which was heid at Geneva and declared closed the l 8 June 1998. in faith whereof we have appended our signatures this nineieenth day of June 9998.