Compilation of decisions of the Committee on Freedom of Association

Procedure in respect of the Committee on Freedom of Association and the social partners1

Function of the ILO with regard to freedom of association

1. The function of the International Labour Organization in regard to freedom of association and the protection of the individual is to contribute to the effectiveness of the general principles of freedom of association, as one of the primary safeguards of peace and social justice. In fulfilling its responsibility in the matter, the Organization must not hesitate to discuss at the international level cases which are of such a character as to affect substantially the attainment of the aims and purposes of the ILO as set forth in the Constitution of the Organization, the Declaration of Philadelphia and the various Conventions concerning freedom of association.

1. By virtue of its Constitution, the ILO was established in particular to improve working conditions and to promote freedom of association in the various countries. Consequently, the matters dealt with by the Organization in this connection no longer fall within the exclusive sphere of States and the action taken by the Organization for the purpose cannot be considered to be interference in internal affairs, since it falls within the terms of reference that the ILO has received from its Members with a view to attaining the aims assigned to it.

1. The Committee recalls/reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association of employers and workers is to promote and ensure respect for this freedom in law and in fact.

1. The Committees existence derives from the fundamental constitutional obligation and the desire of the ILOs constituents to contribute to the effective implementation of the principles of freedom of association.

1. The object of the special procedure on freedom of association is not to blame or punish anyone, but rather to engage in a constructive tripartite dialogue to promote respect for trade union rights in law and practice.

1. Since its creation in 1951, the Committee has been given the task to examine complaints alleging violations of freedom of association whether or not the country concerned has ratified the relevant ILO Conventions.

1. Complaints lodged with the Committee can be submitted whether or not the country concerned has ratified the freedom of association Conventions.

1. The Committees procedure can be set in motion in relation to States that have not ratified Conventions Nos. 87 and/or 98.

1. The mandate of the Committee consists in determining whether any given legislation or practice complies with the principles of freedom of association and collective bargaining laid down in the relevant Conventions.

1. While recalling that questions of representation at the International Labour Conference fall within the competence of the Conference Credentials Committee, the Committee will proceed with its examination of this case on the basis of article 26bis, paragraph 6, of the Standing Orders of the International Labour Conference and its mandate to review the freedom of association aspects raised by the Credentials Committee.

1. Complaints may be lodged not only in relation to acts by the Government but also to acts by any public or private authority that curtails the exercise of trade union rights.

1. Although the use of internal legal procedures, whatever the outcome, is undoubtedly a factor to be taken into consideration, the Committee has always considered that, in view of its responsibilities, its competence to examine allegations is not subject to the exhaustion of national procedures.

1. The Committees mandate is not linked to the 1998 ILO Declaration on Fundamental Principles and Rights at Work which has its own built-in follow-up mechanisms but rather stems directly from the fundamental aims and purposes set out in the ILO Constitution.

1. It is within the mandate of the Committee to examine whether, and to what extent, satisfactory evidence is presented to support allegations; this appreciation goes to the merits of the case and cannot support a finding of irreceivability.

1. It is not always easy or possible to provide proof for all types of allegations. It is the evaluation of the proof submitted that is decisive (a process carried out when the Committee examines the case) and direct interest in the case in terms of receivabilty is assumed when, as in the present complaint, the complainant organizations allege widespread non-compliance with legislation concerning freedom of association.

1. The Committee always takes account of national circumstances, such as the history of labour relations and the social and economic context, but the freedom of association principles apply uniformly and consistently among countries.