Compilation of decisions of the Committee on Freedom of Association

Introduction

The Committee on Freedom of Association (CFA) is a tripartite body set up in 1951 by the Governing Body (GB) of the International Labour Organization (ILO). The CFA examines alleged infringements of the principles of freedom of association and the effective recognition of the right to collective bargaining enshrined in the Constitution of the International Labour Organization (Preamble), in the Declaration of Philadelphia and as expressed by 1970 ILC Resolution.

The CFA is composed of nine regular members and nine deputies from the Government, Workers' and Employers' groups of the GB, and has an independent Chairperson. The CFA meets three times a year and, taking into account the observations transmitted by governments, carries out an examination of the complaints lodged against them and recommends to the GB, as appropriate, that a case requires no further examination (definitive report) or that it should draw the attention of the government concerned to the problems that have been found and invite it to take the appropriate measures to resolve them (interim or follow-up reports). Finally, the CFA may be called upon to ascertain whether it would be appropriate to endeavour to obtain the agreement of the government concerned for the case to be referred to a Fact-Finding and Conciliation Commission.

The conclusions issued by the CFA in specific cases are intended to guide the Governments and national authorities for discussion and the action to be taken to follow-up on its recommendations in the field of freedom of association and the effective recognition of the right to collective bargaining. In making its conclusions and recommendations, the CFA is guided by the principles of freedom of association and the effective recognition of the right to collective bargaining as expressed above, as well as by the long-standing experience and expertise of its members in the field of industrial relations. The object of the CFA complaint procedure 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. When doing so, the CFA is cognizant of different national realities and legal systems.

The International Labour Office has prepared this publication to compile in concise form the conclusions of the Committee applying the principles of freedom of association in more than 3,200 cases over 65 years, up to its 379th Report (June 2016). The Office, through this compilation gives effect to a resolution adopted unanimously by the 54th International Labour Conference in 1970, which invited the GB to instruct the Director-General to publish and distribute widely in concise form the supplementary decisions taken by the CFA. It is intended to raise awareness and guide reflections for the effective respect of the fundamental principles of freedom of association and the effective recognition of the right to collective bargaining. Since its first publication in 1972, the Office has updated this compilation on five occasions.

In the twelve years since publication of the previous edition of the Compilation, increased knowledge of the ILO, greater understanding of its special procedures relating to freedom of association and the prestige attached to the work of the CFA have been accompanied by a significant increase in the number of complaints received. As a result of the content of these complaints, the CFA is at the heart of current developments concerning the difficulties with which employers' and workers' organizations are faced and is called upon to consider the important evolution of the world of work and new problems raised in the area of collective labour relations. Over this last decade, the CFA has therefore had to resolve questions which had hitherto been unexplored and adopt a significant number of new conclusions and recommendations in order to give an appropriate, impartial and objective response to the allegations made in the complaints presented by employers' and workers' organizations.

At the same time, reliance on decisions drawn from previous conclusions it has taken enable the CFA to maintain continuity in the criteria employed in reaching new conclusions and, as appropriate to the individual case, in finding that the allegations are well-founded or require no further action.

The conclusions and recommendations of the CFA have been developed on the basis of complaints made by organizations of workers or of employers. In this respect, it should be noted that the majority of the complaints examined by the CFA to date have been submitted by organizations of workers, although the number of complaints made by employers' organizations has increased significantly in recent decades. This explains why the wording in this compilation often refers to trade unions or workers' organizations. Nevertheless, the principles of freedom of association and the effective recognition of the right to collective bargaining are of a general nature and aimed to protect the rights of both workers' and employers' organizations. Therefore, the CFA's decisions drawn from previous conclusions compiled herein can also apply, mutatis mutandis, to organizations of employers.

To guide the reader, for each of the decisions corresponding references are easily accessible via hyper-links and lists indicating the respective reports, case numbers, country, appropriate paragraphs and year of publication of the cases discussed up to its 379th Report (June 2016). Indication of country as such is neither intended nor may be used to level charge at, or condemn, the country or its government but only intended to facilitate access to the full text of the individual case report, which all are invited to read for details of the case, including the context of its conclusions and recommendations.

Recalling the principles of universality, continuity, predictability, fairness and equal treatment, which it must ensure in the area of freedom of association, an easily accessible electronic format of the Compilation is being made available on the ILO website. As each case is unique and should be considered within its own specific context, this modern interface will facilitate access to the full examination of the CFA. Regular updating in real time will also be facilitated through this tool.