Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Freedom of speech at the International Labour Conference

1. The Committee has pointed out that delegates of workers and employers organizations to the International Labour Conference deal, in their speeches, with questions which are of direct or indirect concern to the ILO. The functioning of the Conference would risk being considerably hampered and the freedom of speech of the workers and employers delegates paralysed if they were to be threatened with criminal prosecution based, directly or indirectly, on the contents of their speeches at the Conference. Article 40 of the Constitution of the Organization provides that delegates to the Conference shall enjoy such immunities as are necessary for the independent exercise of their functions in connection with the Organisation. The right of delegates to the Conference to express freely their point of view on questions within the competence of the Organization implies that delegates of employers and workers organizations have the right to inform their members in their respective countries of their speeches. The arrest and sentencing of a delegate following a speech to the Conference jeopardize freedom of speech for delegates as well as the immunities they should enjoy in this regard.