MARIUS PAUL OLIVIER ABBREVIATED CURRICULUM VITAE AND RECENT RELEVANT EXPERIENCE JULY 2007
ABBREVIATED CURRICULUM VITAE M.P. OLIVIER Marius Paul Olivier was born at Stellenbosch, South Africa on 9 October 1956. He obtained the BA (Law) degree (cum laude) and the LLB degree (cum laude) at the University of Pretoria. In 1986 the LLD degree was conferred on him by the University of South Africa. His formal work experience has basically been of an academic and consultancy nature. In 1982 he became a senior law lecturer in the Department of Mercantile Law at the Law Faculty of the University of South Africa. Since then he has been lecturing in the fields of labour law and social security law, both for law and other students. In 1990 he accepted a chair in labour law (now also social security law) at the Rand Afrikaans University (now the University of Johannesburg) and became professor of law. In August 2001 he was also appointed as an Adjunct Professor in the Faculty of Law, University of North-West (South Africa). He also served as guest professor at the Graduate Institute for Labour Research, National Chengchi University, Taipei, Taiwan, the University of Antwerp, Belgium, the Victoria University of Wellington, New Zealand, and the Johann Wolfgang Goethe University in Frankfurt, Germany. He is director of the Centre for International and Comparative Labour and Social Security Law (CICLASS) in Johannesburg (South Africa). The articulated mission of the Centre is to drive the development of viable and sustainable labour law and social security (protection) systems to address inequality and bring about social justice in the developing world. In fulfilling this mission, CICLASS strives towards: the stimulation and facilitation of high-quality research in the areas of labour and social security law, with emphasis on a comparative and applied approach; the development of tailor-made teaching interventions; and the rendering of appropriate forms of policy support. He was a member and sub-committee chairperson of and constitutional law advisor to the cabinet-appointed Committee of Inquiry into a Comprehensive System of Social Security for South Africa (2000-2002). He also served as a member of a task team appointed by the Minister of Labour to investigate the inclusion of domestic and seasonal workers into the South African unemployment insurance system. He further served as a constitutional and legal advisor on the establishment of a new national Agency for Social Security in South Africa. He authored and co-authored various commentaries on draft labour and social security legislation submitted to Parliament, government institutions and other bodies. He has been responsible for and actively involved in the drafting of reports and providing policy advice on aspects of South African, regional and international labour law and social security for various institutions, amongst which government departments and other stakeholders, both in South Africa and in other countries in the developing world, as well 2
as regional and international organisations, such as the International Labour Organisation. He has also been acting as a consultant for the World Bank and for various other institutions, in particular in southern Africa, other parts of Africa, and Asia, on the development of social protection at country and regional level. Marius Olivier is the chair of the SADC Core Group of Social Security Specialists, and CICLASS serves as the secretariat of the Core Group. In his capacity as chairperson he has been responsible for extensive social security initiatives in SADC, among which policy-oriented conferences, policy development advice and consultancies, legislative commentaries, publications, training programmes, and capacity-building. In 2004 he also acted as the final editor of the Code on Social Security in SADC, which was developed on the request of the SADC ELS (Employment and Labour Sector) and its successor institution, the Directorate on Social and Human Development. He was further appointed as an international consultant to advise the Tanzanian government on the restructuring of the employment-based social security system of Tanzania (funded by DANIDA), and as an international advisor to a technical committee entrusted with the reform of the pension system of Zambia. He acted as main drafter and editor of the Tanzanian Social Security Bill, 2005. He also acted as final editor and co-author of a SADC expert commentary on workers compensation legislation in Malawi, on social security and HIV/Aids legislation in Angola, and on pension legislation in Madagascar. He recently provided a commentary on proposals for the reform of the Uganda social security system. Currently he is undertaking a review of Mozambique social security legislation and national policy, and co-ordinating a World Bank multi-country study on the social security position of migrating SADC citizens and the cross-country portability of benefits. He is the course leader of several training and capacity-building programmes at undergraduate and post-graduate level, amongst which the LLM in Labour Law and Social Security, the Certificate in Social Security, the Advanced Certificate in Social Security, the Post-Graduate Diploma in Social Security, the Advanced Executive Programme in Social Security Governance, the Advanced Programme in Social Protection, the Post-Graduate Diploma in Labour Law and the Certificate in Labour Law. Programmes have also at request been developed for the African continent (i.e. the government of Namibia), the South Pacific region (i.e. the University of the South Pacific) and South African stakeholders (e.g. the KwaZulu-Natal provincial government; the Safety and Security Sectoral Bargaining Council of South Africa). He also served as a member of the regional chapter of a National Research Foundation (NRF) task force on developing a National Research Agenda for Social Sciences, Law and Humanities, as well as a member of a South African Qualifications Authority (SAQA)/Department of Social Development task team, entrusted with developing unit standards in social security. He has also been serving as a member of the (CORN) support group for the national and regional CBO (Community Based Organisation) network, and as the (South African) project leader of several international research projects. He further served as a member of a steering committee responsible for selecting papers presented at a Law and Poverty workshop, held in Johannesburg in January 2005. 3
From 2005 he has been serving as a member of the South African Social Security Agency Advisory Panel. He is a member of the Executive Committee of IRASA (the Industrial Relations Association of South Africa) and a member of the editorial board of the International Journal of Comparative Labour Law and Industrial Relations. Several other national initiatives have been undertaken under his leadership, amongst which the training of social security officials in South Africa. Some of these programmes have been extended to include the SADC region. He has also forged wide-ranging links with several national and international institutions aimed at supporting collaborative research, teaching and policy development. Many of these initiatives have as their focus the building of post-graduate capacity at historically disadvantaged university institutions in South Africa. Various research publications have been written by him. These include several monographs, contributions to handbooks and a large number of journal articles. He has delivered scientific papers at various national and international conferences and symposia. In the process he has specialised in the fields of labour law, social security, public international law and constitutional law. Public sector employment law is one of the fields he has specialised in. For purposes of his research activities he has paid a number of academic, research and policy-oriented visits to universities, research and other institutions in Europe, the USA, South America, Australia, New Zealand and the Far East. Since 1995 he has held a number of scholarships awarded by various research and other institutions, including the prestigious Ernest Oppenheimer Memorial Trust and the (German) Von Humboldt scholarships for purposes of advanced research at the International Labour Organisation in Geneva, Switzerland and in Germany. Institutional links with various national and international research institutions have in the process been established. He has been the project leader of several international research projects, amongst which projects funded by the South African Human Science Research Council, the South African National Research Foundation, SANPAD (South Africa- Netherlands Research Project on Alternatives in Development) and the Norwegian Research Council. Several national and international conferences, symposia and workshops have been organised through him by CICLASS. JULY 2007 4
RECENT RELEVANT EXPERIENCE A. SOUTH AFRICA 1. Editor-in-chief of a comprehensive report to the Department of Welfare, entitled Social insurance and social assistance: Towards a coherent approach (1999). 2. Member and sub-committee chairperson of and constitutional law advisor to the cabinet-appointed Committee of Inquiry into a Comprehensive System of Social Security for South Africa (2000 2002) responsible for authoring, co-authoring and editing several of the Committee input reports. 3. Member of a task team appointed by the Minister of Labour to investigate the inclusion of domestic and seasonal workers into the South African unemployment insurance system co-authoring Task Team report (2002). 4. Constitutional and legal advisor on the establishment of a new National Agency for Social Security in South Africa drafter of legal opinion on constitutional aspects (2003). 5. Member of a South African Qualifications Authority (SAQA)/Department of Social Development task team, entrusted with developing unit standards in social security (2004 2005). 6. Commentary on proposed amendments to the Labour Relations Act 66 of 1995 as well as the Basic Conditions of Employment Act 75 of 1997, submitted to the relevant Portfolio Committee (2002). 7. Commentary on the Social Assistance Bill and the South African Social Security Agency Bill, submitted to the Parliamentary Portfolio Committee and to the Minister for Social Development in September 2003. 8. Co-author of a report, prepared at the request of the Department of Social Development, entitled Towards a comprehensive social security system: Strengthening integration, eliminating fragmentation, closing the gaps and identifying inconsistencies (2003 2004). 9. Input reports for and/or advice to the national Department of Social Development: (a) On retirement provisioning (2003) (b) On the revamping of the Road Accident Fund system in South Africa (2003) (c) On models for the provision of social relief (2003) (d) On the development of a social security training course for volunteers (2003) (e) On human security and social security (2004) (f) On Social Security: Linking economic growth and social development (2004) 5
10. Advice to National Treasury on proposed amendments to the social assistance grant system (extension of Child Support Grant) (2003). 11. Advice to the South African Youth Commission on the envisaged UN Disability Convention (2004). 12. Editor-in-chief of National Treasury report, entitled Comparative review of rights of access of non-citizens to social benefits, with specific reference to social security and social assistance (2004). 13. Editor-in-chief and co-author of several South African handbooks on social security, the most recent of which are: (i) Social security: A legal analysis (LexisNexis Butterworths, 2003) and (ii) An introduction to social security (LexisNexis Butterworths, 2004). 14. Editor and co-author of a regularly updated comprehensive South African handbook on labour law: Principles and practice of labour law (loose-leaf, LexisNexis Butterworths) (Ed: Van Jaarsveld, SR; Fourie, JD & Olivier, MP) specifically responsible for the sections on the public employment relationship (2000-). 15. Author of a regularly updated comprehensive chapter in a South African handbook on labour law: Managing employment relations (loose-leaf, LexisNexis Butterworths) (Ed: Slabbert JA et al) specifically responsible for the chapter entitled "Statutory employment relations in South Africa" (2000-). 16. Editor-in-chief and co-author of a chapter on unemployment insurance in a South African handbook on labour law: South African labour law (loose-leaf, Juta) (Ed: Benjamin P & Thompson C) (2007). 17. Author of several journal articles on social security-related matters. 18. Project leader of several multi-disciplinary research projects relating to South African social security (1998 -). 19. Co-project leader of project on advising the South African government (Department of Social Development) on a Costing and Implementation Plan for Key Components of a Comprehensive Social Security System (2006-2007). 20. Project leader of a project on advising the South African government (Department of Social Development) on the establishment of an African Forum/Institute of Social Development (2006-2007). 21. Project leader of a project commissioned by the FFC (Financial and Fiscal Commission) entitled "Constitutional analysis of legislation pertaining to the provision of social welfare services" (2006-2007). 6
22. Requested by the Unemployment Insurance Fund (UIF) to provide advice on: (a) Strengthening and improving the South African unemployment insurance system and the UIF as an institution; and (b) Positioning the UIF within a comprehensive South African social security system (2007). 23. Author of a research-based policy-oriented contribution on social protection and poverty reduction, prepared at the request of the Presidency (presented at the Bi-Regional Conference on Social Protection and Poverty Reduction) (2007). B. REGIONAL AND INTERNATIONAL 1. Provision of information and advice to the Government of Eritrea on the devising and setting up of social compensation models for demobilised non-statutory forces and victims of a liberation struggle, as well as for other participants in a liberation struggle (2004). 2. Final editor of the (Draft) Code on Social Security in SADC (developed at the request of the SADC ELS (Employment and Labour Sector) and its successor institution, the Directorate on Social and Human Development) (2003-2004). 3. Organisation and hosting of several regional and international congresses, conferences, symposia and workshops, including: (a) World-Bank workshops on pension reform in Africa (2003) (b) International seminar on "Non-standard employment: The need for an enhanced protective and regulatory framework" (organised by the Industrial Relations Association of South Africa (IRASA) and the Centre for International and Comparative Labour and Social Security Law) (2004) (c) CROP (Comparative Research Programme on Poverty, Norway) (LAP VI) workshop on "Law as a tool in addressing poverty: Social protection perspectives, with particular reference to sub-saharan Africa" hosted by the Centre for International and Comparative Labour and Social Security Law, in the Law and Poverty series (LAP) of CROP (2005) (d) DAAD (German Academic Exchange Foundation) symposium (jointly organised by the Johann Wolfgang Goethe-University, Frankfurt, Germany and the Centre for International and Comparative Labour and Social Security Law) (Theme: "Integration of Labour and Social Security Law in the SADC Region") (2005) (e) Several annual and biennial conferences of the SADC Core Group of Social Security Specialists, in Johannesburg, South Africa (2001), Maputo, Mozambique (2002), Lusaka, Zambia (2003), Gaborone, Botswana (2004), and Windhoek, Namibia (2006) (f) SADC Social Security Seminar (Theme: "Extending social security coverage to the informal sector") (2005) 7
(g) Lesotho Social Security Workshop (organised by the Lesotho Ministry of Employment and Labour, the Friedrich Ebert Stiftung (FES) and the Centre for International and Comparative Labour and Social Security Law) (2006) (h) Innovative Approaches to Social Security in India, Brazil and South Africa (organised by the Friedrich Ebert Stiftung (FES) and the Centre for International and Comparative Labour and Social Security Law) (2007)) (i) International conference on "Social security and migration in SADC: Economic, political and social context" (organised by the Friedrich Ebert Stiftung (FES) and the Centre for International and Comparative Labour and Social Security Law) (2007)) (j) 8 th International Workcongress on Work Injury Prevention, Rehabilitation and Compensation (organised and hosted by the Centre for International and Comparative Labour and Social Security Law, at the request of the International Steering Committee of the International Work Congress (to be held in South African in March/April 2008) (k) Numerous workshops and symposia related to collaborative research projects (1999-2006) 4. Editor and compiler of SADC expert commentary on workers compensation legislation in Malawi Submission to the Ministry for Labour and Vocational Training, Malawi: Commentary on the Workers Compensation Act 7 of 2000 (2004). 5. International consultant to advise the Tanzanian government on the restructuring of the employment-based social security system of Tanzania (2004-2005). (a) Editor-in-chief of a report entitled Tanzania Employment-based Social Security Reform Proposals (2005). (b) Drafter-in-chief of draft legislation, entitled Social Security Bill, 2005. 6. International advisor to a technical committee entrusted with the reform of the pension system of Zambia, appointed by the Minister of Labour and Social Security, Zambia (2004 -). 7. International consultant to the World Bank, preparing presentations on several South African and Africa-related social security matters (2004; 2005). 8. Co-author of ILO-sponsored publication on South Africa: Social Protection and Expenditure Review (SPER) (2003-2005). 9. Editor-in-chief and co-author of a comprehensive commentary, prepared at the request of representatives of the Angolan parliament, on two Angolan laws on social security and HIV/AIDS respectively (2003). 8
10. Extensive collaboration in respect of the project on the extension of social protection in the South Pacific, relating to research co-operation, policy development and curriculum formulation (2003 -). 11. Editor-in-chief and co-author of several SADC publications and handbooks, the most recent of which is: Social protection in SADC: Developing an integrated and inclusive framework (CICLASS & Institute for Development and Labour Law: 2004). 12. Chairperson: SADC Core Group of Social Security Specialists (2002 -) 13. Chairperson: Constitutional drafting committee of the SADC Core Group of Social Security Specialists, entrusted with drafting of constitution for envisaged Association for the Promotion of Social Security in Southern Africa (APSSA). 14. Advice to stakeholders and written commentary on proposals for the reform of the Uganda social security system (2005). 15. Further advice to stakeholders on reform of Uganda social security system, including proposals on the development of: (a) a social security code for the East African Community, and (b) an instrument for the social security co-ordination of cross-border migration within SADC (2007). 16. Project leader of a World Bank-funded project on the social security status of noncitizens in a number of SADC (Southern African Development Community) countries (2006-2007). 17. Author of a World Bank-commissioned report on regional instruments and mechanisms impacting on the social security status of non-citizens migrating within SADC (2007). 18. Co-editor of a commentary on new Madagascar pension legislation (2006). 19. Drafting of commentary on compliance of social security laws in Mozambique with international and regional standards and benchmarks (2007). 20. Provision of information and advice relevant to social security reform to governments and stakeholders in Thailand and Indonesia (2006, 2007). 21. Project leader of a regional and international collaborative project on developing a model for regulating and extending social security coverage to SADC citizens migrating within the SADC region (2007-). 22. Co-project leader of two planned (applied) research projects on developing a normative framework for micro-health insurance: (a) in India (with the International Labour Organisation (ILO), the VV Giri National Labour Institute and other stakeholders); and (ii) in SADC (with the Hertie School of Governance (Berlin, 9
Germany) and the Max Planck Institute for Foreign and International Social Security Law (Munich, Germany) (2007-). 23. Member of an invited expert academic consultation workshop, to advise the ILO (International Labour Organisation) on "Strengthening Social Security and Coverage for All through ILO Social Security Standards" (Turin, Italy) (2007) AUGUST 2007 10