The Third Topic Committee. Access to Decent Work and Employment for older persons

Transcription

1 2014 The Third Topic Committee Access to Decent Work and Employment for older persons

2 Content Welcome Letter Description of the Committee General Introduction Definition Current Situation Problems to be Solved Inflexibility in Retirement Policies Lack of Vocational Training for Older People Employers Negative Perception of Older People Severer Employment Situation on Older Women Rural Employment Past Actions United Nations Related Actions The Vienna International Plan of Action on Ageing The Declaration of Madrid The Madrid International Plan of Action on Ageing International Agreements Inflexibility in Retirement Policies Lack of Vocational Training for Older People Employers Negative Perception of Older People Follow-up to the Second World Assembly on Ageing International Day of Older Persons Related Websites National Policy Interpretation Asia s Employment Policies for the Elderly Europe s Employment Policies for the Elderly Other Region s Employment Policies for the Elderly Possible Solutions Inflexibility in Retirement Policies Lack of Vocational Training for Older Persons Employers Negative Perception of Older Persons Rural Employment Questions to Consider References... 18

3 Welcome Letter Dear Delegates, Welcome to the Third Committee of China National Model United Nations As the Dais members of this committee would like to extend our warmest welcome to all delegates attending the conference. The world is changing at a tremendous speed. We have been pursuing new inventions in technology, new concepts in academic studies and new discoveries in science. New perspectives exhibit great attraction to us, by human nature; however, the old angles shall never be neglected, for they provide experience, and with experience we progress. Thus, it is important for us to look both at the old as well as the new. That same logic is also applicable when we face employment problems. While we strive to provide new opportunities for the younger generations, it is crucial to look back on the older citizens and ensure that they also enjoy access to decent work and employment. Unfortunately, this side of the story has long been overlooked by the majority of the international society. It is your time to address these long-neglected problems together with the international community, and build a bright outlook for the ones we will eventually become. Perhaps you ve already attended several MUN conferences, or you ve just encountered MUN. Yet choosing MUN means coming downstairs from your ivory tower, inspecting and accepting the authentic world as it is, facing projects that bother the entire globe wars, destruction, starvation, racialism, etc. Every one of them bears blood and tears. It may at times seems ridiculous for a group of students ambitiously wanting to make changes, but eventually the torch will be passed tothis generation. It is when you push yourself to something larger than yourself that you will realize your true potential. Our goal in providing you with this Background Guide is to guide you in the research on the issue of our future discussion. More importantly, we hope that through your own research and analysis, you can acquire deeper and thorough understanding on this topic and come up with your unique opinions. Should you have any question, whether regarding the topic itself or how the conference flow works, feel free to contact us. You can write s to hwhuangqifan@gmail.com. Be prepared to create the future you want. 01

4 Description of the Committee The Social, Humanitarian and Cultural Affairs Committee (SOCHUM) is the third committee in the United Nations General Assembly. SOCHUM deals with a wide range of social, cultural and human rights issues that affect various people all around the world. Perhaps the most important aspect ofsochumis its role in advancing global human rights. SOCHUM also discusses issues such as the protection of children, the advancement of women, dealing with IDP s (Internally Displaced Peoples), the promotion of the right to self-determination, and the elimination of racial discrimination. Further attesting to the broad scope of SOCHUM, it is not uncommon for the committee to discuss untraditional issues such as crime prevention, youth outreach, or drug control. All 192 members of the United Nations General Assembly are members of SOCHUM, and any issue presented within is decided by a standard majority vote, barring special cases. SOCHUM has become one of the most significant organs of the United Nations. Given that nearly every international conflict has a social aspect, the Social, Humanitarian and Cultural Committee benefits from a wide jurisdiction, encompassing a broad range of topics. The Committee works closely with other UN bodies in order to be most effective in dealing with social concerns all over the world. These bodies include the World Health Organization (WHO), United Nations Development Program (UNDP), the United Nations Education, Scientific and Cultural Organization (UNESCO), the United Nations High Commissioner for Refugees (UNHCR), the United Nations Environment Program (UNEP), the United Nations Children s Fund (UNICEF) and several other subcommittees. SOCHUM can also request reports from other UN organizations. The topic of our conference is Access to Decent Work and Employment for Older Persons. In developed countries, improving the participation rate of older people in the labour force is one of the fundamental measures to tackle labor shortages caused by ageing population. In developing countries, older people s re-employment is an effective measure to secure basic living conditions. Many older people, out of the need livelihood needs, will want to extend their working length. The United Nations Madrid International Plan of Action on Ageing also states that we should provide job opportunities for all older people who wish to work. The right to work is entitled to everyone at birth, yet employers negative perception of older persons hinder the employment of older people, let alone unreasonable constraints in almost every aspect of employment for older people, depriving the society of the knowledge, skills and experience of older people. In such circumstances, it is necessary for member states to engage in in-depth discussions on how to eliminate age-based discrimination in employment, extend working life, modify retirement timetables, foster flexible working environment and promote vocational training for older people, in order to effectively protect the labour rights of the elderly and contribute to an active ageing strategy. 02

5 General Introduction Definition Ageing Population ageing is a shift in the distribution of a country's population towards older ages. This is usually reflected in an increase in the population's mean and median ages, a decline in the proportion of the population composed of children, and a rise in the proportion of the population that is elderly. Population ageing is widespread across the world. It is most advanced in the most highly developed countries. Population ageing arises from two (possibly related) demographic effects: increasing longevity and declining fertility. An increase in longevity raises the average age of the population by increasing the numbers of surviving older people. A decline in fertility reduces the number of babies, and as the effect continues, the numbers of younger people in general also reduce. Decent Work Decent work is the availability of employment in conditions of freedom, equity, human security and dignity. According to the International Labour Organization (ILO), Decent Work involves opportunities for work that is productive and delivers a fair income, security in the workplace and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity and treatment for all women and men. Current Situation The world is in the midst of a unique and irreversible process of demographic transition that will result in older populations everywhere. As fertility rates decline, the proportion of persons aged 60 and over is expected to double between 2007 and 2050, and their actual number will more than triple, reaching 2 billion by In most countries, the number of those over 80 is likely to quadruple to nearly 400 million by then. Older persons are increasingly seen as contributors to development, whose abilities to act for the betterment of themselves, and their societies should be woven into policies and programmes at all levels. Currently, 64percent of all older persons live in the less developed regions a number expected to approach 80 percent by Work and employment are as important to the social integration of older persons as they are for adults of other age groups. The right of older persons to work should, therefore, be promoted and protected on an equal basis with the right to work of others. In developed countries, some older people nearing retirement age may wish to remain active by working longer and retiring later in life. Others may try to continue working into old age because their pensions, usually their only, or main, source of income, would be insufficient to cover their living expenses after retirement, or might be higher if taken later. In less developed regions, older persons may remain in the workforce for as long as they can out of necessity, to secure their livelihoods. 03

6 Enhancing the participation of older persons in the workforce has become an objective in most developed countries in the past few years. In addition, several developed countries have taken steps towards addressing the obstacles that, despite existing policy provisions and legislation, older persons continue to face in obtaining and retaining employment. In contrast, employment challenges and priorities in developing countries continue to leave little room for consideration of the situation of older persons. In 2012, estimates of labour force participation rates for men aged between 55 and 64 years were highest in Africa, Asia Pacific, Latin America and the Caribbean, at 78 and 79 percent, followed by the developed economies and Europe at 67 percent. Male labour force participation beyond the age of 65 was significantly lower, with the highest rate, 53 percent, being observed in Africa and the lowest rates, 16 and 15 percent, respectively, in developed economies and Europe, and Central and South-Eastern Europe and the Commonwealth of Independent States. This variation reflects an inverse relationship between working at older ages and the proportion of older persons receiving a pension. A very large majority of older persons in developing countries have no access to a pension and, therefore, continue to participate in income-generating activities. The labour force participation of women aged 55 and over was lower than that of men in all regions of the world. However, the discrepancy between developed and developing countries was much smaller than in the case of men, with African and European women aged between 55 and 64 years displaying fairly similar levels of economic participation: 55 and 51 percent, respectively. Countries are increasingly recognizing the economic benefits for individuals, households and society at large when older people remain in the workforce, and have been adopting measures to support and enhance their economic participation. Recent estimates have confirmed steady upward trends in the labour force participation of both male and female workers aged between 55 and 64 years in Europe, Australia, New Zealand and North America. In contrast, little change has been observed in Asian and Latin American countries while the labour force participation rates of men aged 55 and over have dropped markedly in the Middle East. Employers negative perception of older workers has been identified historically as a major impediment to older workers economic participation. Some countries have taken steps to counter such a perception by providing financial incentives, in the form of tax breaks or credit, to employers who recruit, retrain or re-employ older workers. In France, a law was passed in 2010 which made provision for subsidies to be granted to companies hiring job seekers aged 55 or over for a period of at least six months. Several countries, such as Japan in 2008, have passed legislation, or amended existing provisions, to allow for more flexible working arrangements for older workers, such as part-time employment or flexible hours. Flexible working arrangements improve the working conditions of older workers, give them greater choice of work options and allow for smoother work/retirement transitions. The adoption of measures aimed at keeping older workers in the workforce seems to have led to a significant decrease in long-term unemployment among workers aged 55 and over in countries such as Austria, France and Germany. However, long-term unemployment rates for workers aged 55 and over increased between 2005 and 2012 by 7 to 25 percentage points in countries such as Ireland, Spain, Sweden and the United States of America as a result of the economic situation. 04

7 A number of developed countries have adopted anti-age discrimination legislation that has provided older workers with protection in job seeking and retention as well as in access to training. The United States Age Discrimination in Employment Act of 1967 was an early example of such legislation. In Europe, European Union Directive 2000/78/EC established a general framework that prohibited discrimination in employment and occupation on the grounds of religion or belief, disability, age or sexual orientation. The extent to which such anti-discrimination legislation has influenced national employment and judicial practices has varied among countries. A recent assessment of the transposition and application of European Union Directive 2000/78/EC undertaken by a network of civil society organizations showed that, in many countries, the directive has been playing an important role in challenging the ageist views of many employers. However, the review suggested that age discrimination in the recruitment and retention of older employees not only still existed, but had worsened with the economic crisis. Moreover, it found that instances of discrimination were difficult to prove on the basis of existing national standards and that sanctions were minimal. European civil society organizations have been questioning increasingly national provisions that allow differences in treatment on the grounds of age, and existing exclusions from the general prohibition of discrimination in employment on the basis of age. National and regional reports showed that across the various sectors progress has again been made in the past five years, particularly in developed countries and some developing countries. However, overall progress in the implementation of the Madrid Plan of Action has lagged in many countries, with significant gaps between policy and practice as a result of insufficient funds and lack of human and political resources. Currently, more countries have begun paying more attention to identifying and addressing barriers to the social, cultural and economic participation of older persons, as well as the various forms of discrimination faced by older persons, whether based on age alone, or age in combination with other personal attributes, such as gender, ethnicity, origin, disability or sexual identity. 05

8 Problems to be Solved Work and employment are as important to the social integration of older persons as they are for adults of other age groups. The right of older persons to work should, therefore, be promoted and protected on an equal basis with the right to work of others. In developed countries, some older people nearing retirement age may wish to remain active by working longer and retiring later in life. Others may try to continue working into old age because their pensions, usually their only, or main, source of income, would be insufficient to cover their living expenses after retirement, or might be higher if taken later. Even though there is a win-win outcome for older persons employment to older persons and government and even to society, there are still too many vital problems to be solved. Inflexibility in Retirement Policies In developed countries, the primary concern of Governments remains the financial sustainability of pension systems in the face of significant increases in the number of older persons and retirees, the continued lengthening of retirement due to longevity, and the shrinking share, and sometimes number of younger adult workers. Several Member States have modified their national employment and retirement provisions to extend working life. A number of countries have adopted legislation that increases the retirement age progressively. In Denmark, for example, a law was enacted in 2011 that raises the official retirement age from 65 to 67 in the period , five years earlier than had been agreed upon in the 2006 Welfare Reform. Countries such as Australia, France, Greece, the Republic of Korea, Turkey and the United Kingdom of Great Britain and Northern Ireland have passed legislation to increase the pensionable age progressively for both men and women. In addition, a number of countries, such as the Czech Republic, have removed, or are planning to remove, restrictions on the concurrent receipt of a pension and income from work. In less developed countries, workers who participate in the formal economy have been subject to long-established, mandatory retirement ages that are relatively low, often between 50 and 55, with different retirement ages for men and women, the retirement age for women usually being lower. 1 It illustrates that there are some changes in some developed countries, and there are still traditional and formal retirement rules in some less developed countries. However, it is not enough. The policies made by governments are rigid changes. Except for several occupations, e.g. university professors, it only extends the age of retirement in most of occupations. In fact, lots of occupations need experienced and skilled old employees, or they need the older employees impart the experience and skills to fresh employees. The changes of rigidly can t meet the complicated world, thus some flexible and reasonable resolutions should be proposed. The following chart 2 illustrates the different outcomes due to different policies. 1 UN 68th Session A/68/167 2 Source: Calculated from International Labour Organization, Key Indicators of the Labour Market, 7th edition, available from 06

9 Lack of Vocational Training for Older People Particularly in some developing countries, the major industry is physical labor. The older people aged 55 and over can t adapt to the heavy workload. At this point, if the governments cannot offer sufficient and rich vocational training, it will be very tough for older people to get decent jobs. Currently, the older people hardly acquire enough medical security to maintain the capacity to work. There are less chances to reacquire technique, further education, onthe-job training and vocational rehabilitation in many regions. Older people are more likely to face redundancy in tough economic times. They frequently don t benefit from training opportunities and face severe barriers to re-entry into the workforce, often suffering long periods of unemployment and financial strain. Employers Negative Perception of Older People Employers negative perception of older workers has been identified historically as a major impediment to older workers economic participation. Most older persons might have weaker strength, physical condition and endurance, as we know, all of those factors have caused the employers negative perception on older employees. However, they ignore the experience and loyalty, which are more valued factors. According to the 68th General Assembly, the data expresses some countries have taken steps to counter 07

10 such a perception by providing financial incentives, in the form of tax breaks or credit, to employers who recruit, retrain or re-employ older workers. Some developed countries have released specific measures to prevent the discriminating phenomenon, and a number of developed countries have adopted antiage discrimination legislation that has provided older workers with protection in job seeking and retention as well as in access to training. The United States Age Discrimination in Employment Act of 1967 was an early example of such legislation. In Europe, European Union Directive 2000/78/EC established a general framework that prohibited discrimination in employment and occupation on the grounds of religion or belief, disability, age or sexual orientation. 3 The Australian government created the role of the Age Commissioner because of demographic changes, the ageing population and the fact that people are living longer in better health. The combination of these factors persuaded the government that there should be specific protections for older people to protect against age discrimination in society and in the workplace particularly. However, we still can t ignore the tough problems on the older persons employment owing to discrimination. Developed and developing countries are facing the various degree of problems. The anti-age discrimination legislation has been released in many countries, but the supervised mechanism is unable to match it effectively. Worse yet, many developing countries still haven t made relative or sufficient policies on the problems. National policies on education, training, employment and social protection should promote and protect the older persons rights and be responsive to their concerns and circumstances. Targeted action in these areas benefiting older persons is needed as a means of overcoming persisting exclusion and discrimination. Severer Employment Situation on Older Women Structural constraints prevent educated older women from accessing decent work, especially in less-developed countries. Most older women are working with fewer benefits. Low-paid working conditions caused the low ratio of older women employment. And less care of working arrangements was taken over the family, energy and strength to older women. The Madrid International Plan of Action on Ageing has carried out an inseparable aim to realize the gender balance in the workforce. However, based on current data, the older women are still suffering unequal chances on employment due to the employer s negative perception, average status of older women and incomplete anti-gender discrimination legislation. When it comes to older women employment, there are much too severer problems to be solved. Related legislation should be enacted. In addition, effective publicity that encourages employing without gender discrimination in workplace and media would be a propositional measure. Rural Employment With the development of urbanization, there is a huge gap between urban and rural employment to older people. Due to long-term agricultural production, it s difficult for 3 UN 68 th Session A/68/167 08

11 the older persons to adapt the employment situation. However, the older persons aged over 60 is more difficult to adapt the heavy agricultural labor so that most of them are facing unemployment or can t access to decent work. It also reflects the unreasonable policies on the vocational training to older persons. Even in some countries, there are different policies in different areas. The urban and rural residents have different and unequal chances to work when they are older. There are possibilities for creating employment in agriculture and agro-processing industries to improve the ratio of older people s employment in rural areas. So various departments should cooperate to organize and gather older persons for their decent employment in rural areas. However, there is no related mechanism to track and carry it out. Past Actions The UN system and many countries have done a lot to guarantee Decent Work and Employment for older persons. According to the United Nations Principles for Older Persons, the ageing-related topic is quite extensive, including independence, participation, care, self-fulfillment and dignity. However, when conducting research, delegates need to pay attention to two basic points. First of all, the topic of this committee is Access to Decent Work and Employment for Older Persons. Thus, delegates need to specify your position and discussion in this area. It is recommended to go over the following former international agreements and some good practice of certain countries to find out the specific past actions to guarantee Decent Work and Employment for older people. Secondly, delegates need to pay attention to the fact that the program on ageing sets in UN Division of social policy and development. A number of United Nations bodies and programs, specialized and related organizations and intergovernmental organizations are devoted to the related work. That is to say, it is recommended to search for information from different aspects as many as possible. United Nations Related Actions To begin addressing these issues, the General Assembly convened the first World Assembly on Ageing in 1982, which produced a 62-point Vienna International Plan of Action on Ageing. In 1991, the General Assembly adopted the United Nations Principles for Older Persons, enumerating 18 entitlements for older persons relating to independence, participation, care, self-fulfillment and dignity. The following year, the International Conference on Ageing met to follow-up on the Plan of Action, adopting a Proclamation. Following the Conference's recommendation, the UN General Assembly declared 1999 the International Year of Older Persons. Action on behalf of the ageing continued in 2002, when the Second World Assembly on Ageing was held in Madrid. Aiming to design international policy on ageing for the 21st century, it adopted a Political Declarationandthe Madrid International Plan of Action on Ageing. 09

12 1982 The Vienna International Plan of Action on Ageing The Vienna International Plan of Action on Ageing is the first international instrument on ageing, and provides a basis for the formulation of policies and programmes on ageing. It was endorsed by the United Nations General Assembly in 1982 (resolution 37/51), having been adopted earlier that same year at the World Assembly on Ageing in Vienna, Austria. It includes 62 recommendations for action addressing research, data collection and analysis, training and education, as well as the following sectoral areas: health and nutrition, protection of elderly consumers, housing and environment, family, social welfare, income security and employment, and education. The part of Income Security and Employment specifically deliberate the position of decent work of elderly people. The Declaration of Madrid The expectations of older persons and the economic needs of society demand that older persons be able to participate in the economic, political, social and cultural life of their societies. Older persons should have the opportunity to work for as long as they wish and are able to, in satisfying and productive work, continuing to have access to education and training programmes. The empowerment of older persons and the promotion of their full participation are essential elements for active ageing. For older persons, appropriate sustainable social support should be provided. The Madrid Plan of Action offers a bold new agenda for handling the issue of ageing in the 21st-century. It focuses on three priority areas: older persons and development; advancing health and well-being into old age; and ensuring enabling and supportive environments. It is a resource for policymaking, suggesting ways for Governments, non- governmental organizations, and other actors to reorient the ways in which their societies perceive, interact with and care for their older citizens. And it represents the first time Governments agreed to link questions of ageing to other frameworks for social and economic development and human rights, most notably those agreed at the United Nations conferences and summits of the past decade The Madrid International Plan of Action on Ageing The Madrid International Plan of Action on Ageing and the Political Declaration adopted at the Second World Assembly on Ageing in April 2002 mark a turning point in how the world addresses the key challenge of building a society for all ages. The Madrid Plan of Action offers a bold new agenda for handling the issue of ageing in the 21st-century. It focuses on three priority areas: older persons and development; advancing health and well-being into old age; and ensuring enabling and supportive environments. It is a resource for policymaking, suggesting ways for Governments, non-governmental organizations, and other actors to reorient the ways in which their societies perceive, interact with and care for their older citizens. And it represents the first time Governments agreed to link questions of ageing to other frameworks for social and economic development and human rights, most notably those agreed at the United Nations conferences and summits of the past decade. 10

13 International Agreements Following up are previous actions done by the United Nations with regard to this issue: Inflexibility in Retirement Policies, Lack of Vocational Training for Older People and Employers Negative Perception of Older People. The related clauses and papers will be listed as follows. With these agreements, we hope that they will kindle your inspirations on how to solve the existing problems. Inflexibility in Retirement Policies Promoting full employment and decent work for all (E/CN.5/2007/2, of 9 November 2006) Promoting full employment and decent work for all (ECOSOC Resolution 2008/18) Promoting full employment and decent work for all (7-16 February 2007) Lack of Vocational Training for Older People Promoting empowerment of people in achieving poverty eradication, social integration and full employment and decent work for all (E/CN.5/2014/3, of 4 December 2013) Employers Negative Perception of Older People Promoting empowerment of people in achieving poverty eradication, social integration and full employment and decent work for all (E/CN.5/2014/3, of 4 December 2013) Follow-up to the Second World Assembly on Ageing (A/64/127, of 6 July 2009) Promoting full employment and decent work for all (E/CN.5/2007/2, of 9 November 2006) There exist some other important actions, which delegates can refer to. Promoting empowerment of people in achieving poverty eradication, social integration and full employment and decent work for all (E/CN.5/2014/3, of 4 December 2013) Follow-up to the Second World Assembly on Ageing Follow-up to the Second World Assembly on Ageing (A/58/160, of 17 July 2003) Follow-up to the Second World Assembly on Ageing (A/59/164, of 21 July 2004) Follow-up to the Second World Assembly on Ageing (A/60/151, of 22 July 2005) Follow-up to the Second World Assembly on Ageing (A/61/167, of 19 July 2006) Follow-up to the Second World Assembly on Ageing (A/67/188, of 26 July 2012) Follow-up to the Second World Assembly on Ageing (A/68/167, of 19 July 2013) REPORT ON THE WORLD SOCIAL SITUATION, 2003 Social Vulnerability: Sources and Challenges (A/58/153/Rev.1 ST/ESA/284) The World Summit for social development and the twenty-fourth special session of the General Assembly achievements (A/68/174, of 22 July 2013) Proclamation on Ageing, G.A. res. 47/5, 47 U.N. GAOR Supp. (No. 49) at 13, U.N. Doc. A/47/49 (1992). 11

14 The United Nations Principles for Older Persons, Adopted by General Assembly resolution 46/91 of 16 December 1991 International Day of Older Persons The International Day of Older Persons is observed on October 1 each year. On December 14, 1990 the United Nations General Assembly voted to establish October 1 as the International Day of Older Persons as recorded in Resolution 45/106. The holiday was observed for the first time on October 1, Related Websites National Policy Interpretation Asia s Employment Policies for the Elderly All across Asia, the number of people age 65 and above is expected to grow dramatically over the next 50 years, Facing an unprecedented pace of population ageing, Asian governments must tackle important policy challenges. With economic development, workers everywhere in the world tend to retire at younger age. Therefore, most of the Asia s governments need to make the policy reform that encourages the elderly who are still capable to remain in the workforce. Countries like Japan, Republic of Korea, China and Singapore are good examples. Case Analysis: Japan Promoting Job Security among Older Workers in an Ageing Workforce The main policy endeavor to protect job security among the employed in Japan can be seen in the government s continuous efforts since the early 1970s to protect the employment of older workers through the Law Concerning Stabilization of Employment of Older Persons (Law No. 68 of May 25, 1971). Coupled with the lifetime employment institution, mandatory retirement rules are still in effect in the country s workplace. For employers, on the one hand, mandatory retirement rules have been an important human resource management practice due primarily to older workers high wages relative to what employers perceive as their actual productivity. To the government, on the other hand, promoting longer employment of older workers beyond the conventional mandatory retirement ages is one of the major policy measures to mitigate a severe workforce shortage projected in the decade ahead due to population ageing. Through the 1971 law, the government mandated that employers change the age criteria for their mandatory retirement rules from 55 to at least at 60 in Under the latest revision of the law, amended in 2004, employers have been mandated to increase mandatory retirement age to at least age 65 by April 2013 (or to fully abolish mandatory 12

15 retirement rules). Furthermore, since May 2008, the government has conducted a new national campaign providing incentives, including award and subsidy programs, for employers that keep their workers employed at least until age 70. The information presented in Figure 5 indicates OECD countries overall strictness of legislation to protect regular (full-time and presumably lifetime) employees from dismissal. The strictness is measured based on an OECD cross-national comparative indicator. The value assigned to Japan is 2.44, indicating that strictness of legislation in Japan is measured to be more protective than that of the average of 15 European Union countries (2.32) and that of OECD countries (2.14). According to this indicator, among OECD countries, the United States (0.17) and the United Kingdom (1.12) are assessed as having the weakest protection, and Portugal (4.17) and the Czech Republic (3.31) are assessed as having the strongest protection. The Basic Policy of Employment Measures for the Elderly in Promote employment for the elderly for realization of an ageless society (where older persons can stay in active service throughout their lives) in accordance with their motivations and abilities regardless of age. Development of a social momentum towards realization of the ageless society by enhancing support for the popularization of companies where people can work regardless of age and by encouraging them to review their lifestyles as they get to a later stage in life. i) Implement community-based model projects for realization of the ageless society (New project, FY2013) (Develop the social momentum through the implementation of projects by core model companies in the community; offer advice to employers 13

16 ii) iii) regarding the employment management for realization of the ageless society ) Subsidy for the employment security of the elderly (New project, FY2013) (Incentive subsidy for employers who improve the employment environment for the elderly) Provision of relevant consultation and assistance for employers by the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers (JEED) 2. Expand opportunities where the elderly can work in their communities and engage in activities that support society. Secure employment opportunities for the elderly after mandatory retirement by making use of the Silver Human Resource Centers and meeting their various employment needs. i) Promote the Silver Human Resource Centers projects ii) Conduct projects that improve the environment for realization of the ageless society (New project, FY2013) (Hold seminars on planning the vocational life in older age and support the vocational life planning for the elderly) iii) Implement the Senior Work Program (Expansion of the program) (Hold skill training courses, interviews, and internships in an integrated manner, in cooperation with employer organizations and public employment security offices) 3. Support and promote reemployment of elderly people In an effort to make them feel comfortable to get support for their reemployment, the major Hello Work offices boost reemployment support for the elderly through provision of support for redesigning their vocational lives and assignment of supervisors called Navigators. i) Implement the general employment support project for elderly persons (New project, FY2013) (Set up employment consultation sections for the elderly in the major Hello Work offices to provide support to the older persons in replanning their vocational lives and finding jobs based on the Navigator system) ii) Pay various subsidies (including Subsidy for Employment Development of Designated Job Seekers) iii) Implement the Senior Work Program 4. Legal obligation of the implementation of measures for securing the employment of elderly persons i) Promptly enforce the revised Act on Stabilization of Employment of Elderly Persons (April 1,2013) ii) Provide relevant consultation and support for employers by JEED Europe s Employment Policies for the Elderly In terms of secondary law, the EU's Employment Equality Directive (2000/78/EC) generally prohibits age discrimination in employment and occupation. Nevertheless the Directive allows for differential treatment on the basis of age if two conditions are met: 15 14

17 the differential treatment must have a legitimate aim and the means to achieve that aim must be appropriate and necessary. This provides potentially broad grounds for justifying age discrimination, leading to criticism that the test is too lenient and can be applied unevenly. However in applying the justification test, the burden of proof is reversed: the respondent to a complaint must justify the different treatment, not the person who claims to have suffered the discrimination. Almost half of the more than 20 age-discrimination cases on which the European Court of Justice has ruled deal with compulsory retirement. Nevertheless the majority of Member States have abolished mandatory retirement ages except for specific professions, such as the civil service, police and the armed forces. This is in line with popular sentiment: a Euro barometer poll carried out in 2011 showed that 61% of the population aged 15 or over believed that people should be able to continue work beyond any statutory retirement age. However some experts are concerned that the abolition of a compulsory retirement age could lead to greater emphasis on 'reduced capability' of older workers as a reason for dismissals, in effect reducing their employment protection. In 2014, the European Commission (EC) reviewed the application of the Employment Equality Directive, noting that in transposing the Directive into national law, most Member States had included exceptions for occupational social security schemes. The main obstacle to enforcement of this Directive remains uncertainty as to the legitimate grounds for exceptions. According to a 2012 European Parliament (EP) study, the EP should request that the Commission clarify conditions for identifying valid exceptions. Another problem is lack of general knowledge of the anti-discrimination law, though the EC concluded that the Directive has led to increased awareness. The EU also supports an information campaign begun in 2003 entitled 'For Diversity. Against Discrimination'. Support to good practice in this area has been provided under the EU's PROGRESS program ( ), now continued by the 'Rights at work' component of the EU Program for Employment and Social Innovation. In 2008, the EC proposed an Equal Treatment Directive that would extend theprohibition of discrimination on the basis of age (as well as other characteristics) tosocial protection, health care, education and the provision of goods and services. Although the EP adopted its position in 2009 (including 80 amendments), the Directive is still being considered in Council where the proposal needs unanimity for approval. During discussions in November 2013, some Member State delegations expressed reservations on the need for the proposal, the inclusion of social protection and education in the scope, questions of legal certainty and the practical impact of the Directive. A 2014 EP impact assessment found that the Directive could create significant costs for small and medium-sized enterprises and public service providers. In addition, an updated Commission review of measures in Member States concluded that many countries already have specific legislative provisions regulating age discrimination, either as part of their constitutional provisions or through sector-specific legislation. However a number of jurisdictions do not include age discrimination in social protection or health care; and several others provide general justification defenses in relation to differential treatment based on age. As of April 2014, the Council Presidency was continuing to work on drafting suggestions for the proposed Directive. 15

18 Other Region s Employment Policies for the Elderly Except Asia and Europe, most of the countries lack employment policies in the elderly. Reasons why those countries don t release the policies are closely linked with the countries economy conditions, population structure, welfare system and so on. Possible Solutions The contradiction in this topic is complicated. Policies, awareness and legislation are crucial to problem solving. Delegates should be familiar with the overall view and particular regional views. Making an integral and partial scheme can also contribute to improving the situation of older persons employment. Policy recommendation may improve its current situation, but delegates must be considerate of the sovereignty of other nations in the implementation of such policies. International organizations couldn t make the specific measures to every country as well. Therefore, international cooperation and political promises are two effective methods to motivate the progress of the topic. The ILO can play a key role in developing innovative strategies to meet these challenges and to take advantage of longevity in stimulating extension of working lives in productive and decent employment. It could be proposed to hold a general discussion based on an integrated approach to develop an efficient plan of action covering ILO instruments, research activities, technical cooperation and other means of action that would contribute to promoting policies, strategies and approaches to ensure an active, decent and secure old age. Extending working lives is an important way of increasing employment rates, which demands complementary measures such as those related to skill development. Implementing policies to train older workers within a lifelong learning framework is crucial. For example, in Bulgaria, a lifelong learning policy is being designed and implemented together with government agencies, trade unions, employers and associations representing older people. Further attention could be given to identifying labour market policies for older workers including a gradual and flexible transition to retirement and vocational guidance and counselling, which are highly effective. In Estonia, a national programme for the elderly was approved for the years The programme is aimed at older workers and facilitating their transition from work to retirement. It promotes employment among people of pre-retirement age, creates conditions for a smooth transition from working life to retirement, and fosters working with a decreased workload at retirement age. Inflexibility in Retirement Policies Due to different national conditions, it s tough and impossible to make integral and specific solutions on policy through UN sessions. As an integral recommendation, this committee only appeals to all member states to improve the flexibility and humanization to the policies on older persons employment. As for the specific measures, the Dais encourage the countries who are similar national condition to cooperate and communicate whatever from policy-made or policy-executive. All of the member states 16

19 should improve their original policies to adapt to the new employment condition. Lack of Vocational Training for Older Persons Conducting out various vocational training for older persons through specific technique, further education, on-the-job training, etc. will solve the problem. Through the community and people s livelihood survey, it is possible to make appropriate skills training programs to meet the demand of older persons. Employers Negative Perception of Older Persons Member states should complete the legislation on this issue, especially for establishing the related supervised department to control and prevent this kind of phenomenon. Member states should motivate and optimize the employment age structure, and make use of excellent experience from older employees. Changing the traditional perception of older employees by improving the older persons self-competitiveness and offering the medical security will contribute to solving the problem. Rural Employment Regarding the indication of the rural situation of employment, all member states are advised to strengthen the focus on rural development to offer more employment opportunities for older rural residents. In addition, countries which enact different welfare policies between urban and rural areas should improve medical and welfare policies so that rural residents could get the same standard of life. Questions to Consider 1. Regarding equality of opportunity, age is not listed among the grounds on which discrimination is prohibited in the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Some 35 countries have, however, included age among the prohibited grounds for discrimination. Is the convention in a need of revising? 2. Many countries allow for differential treatment on the basis of age if two conditions are met: the differential treatment must have a legitimate aim and the means to achieve that the aim must be appropriate and necessary. This provides potentially broad grounds for justifying age discrimination, leading to criticism that the test is too lenient and can be applied unevenly. However, in applying the justification test, the burden of proof is reversed: the respondent to a complaint must justify the different treatment, not the person who claims to have suffered the discrimination. How can this process be properly dealt when formulating a global anti- discrimination network? 3. How can the role of social security as a productive factor in promoting employment be further strengthened? 4. How the transition from work to retirement can be facilitated by policies that do not encourage premature withdrawal from the labour market? 5. How can social security coverage be extended to the most vulnerable groups in ageing societies, especially to those in the informal economy? 6. These challenges are common to all countries yet they have different priorities and find different strategies to address them. While the main focus for many high

20 income countries rests upon ensuring the sustainability of social protection systems and the promotion of longer working lives, the main challenge for low-income countries is to secure incomes of a growing number of vulnerable older persons. How to solve this discrepancy in national conditions and formulate effective discussion during the conference? References (1) Follow-up to the International Year of Older Persons: Second World Assembly on Ageing, Report of the Secretary-General, A/68/167; (2) Organization for Economic Cooperation and Development, Live Longer, Work Longer (Paris, OECD Publishing, 2006); (3) Organization for Economic Cooperation and Development review of policies to improve labour market prospects for older workers, 2012; (4) AGE Platform Europe, Brussels, (5) (6) (7) 18