Final Remarks

326. The year 1994 marks the 75th anniversary of the founding of the ILO and the 50th anniversary of the Declaration of Philadelphia. The fundamental principles contained in the Constitution and in the ILO standards on freedom of association are more relevant than ever at a time when the world is in the grip of sweeping and lasting changes affecting the political, economic and social spheres.

327. While aware of the extremely wide diversity of the problems faced by countries with very different levels of development, and of the special economic difficulties currently experienced in certain countries, the Committee none the less recalls once again the universal nature of international labour standards, especially the fundamental ILO Conventions such as those dealt with in this survey. The application of these Conventions cannot be made contingent upon the level of economic development of a country or periodic fluctuations of economic cycles, because these are instruments which involve basic human rights.

328. The effective implementation of the standards and principles of freedom of association, and especially of Conventions Nos. 87 and 98, is closely dependent upon respect of civil and political liberties. Although this interdependence sometimes seems to be taken for granted, the Committee wishes to recall and emphasize it, in view of the persistence and the seriousness of human rights violations infringing basic trade union rights, which the Committee on Freedom of Association is called upon to examine at all of its meetings.

329. Since the last General Survey, the Committee has been able to note certain trends in matters pertaining to freedom of association. While it has noted with satisfaction an increase in the number of ratifications, particularly in emerging States, as well as an improved implementation in certain countries which have ratified these Conventions, the fact remains that 61 member States have not ratified Convention No. 87 and 47 Convention No. 98. Amongst them can be found a number of States applying the rule of law which often have a long tradition of industrial relations and have legislation and practice that are, for a large part, in conformity with the Conventions on freedom of association. Ratification could intervene in these cases with little or no legislative amendments. Concerning some of the difficulties mentioned by other countries as preventing ratification, they should not raise serious problems, or could be solved through relatively minor legislative amendments. Recalling that the technical assistance of the ILO is at the disposal of countries which request it, the Committee urges those member States which have not yet done so to ratify the Conventions on freedom of association and, in particular, Conventions Nos. 87 and 98.

330. New ratifications would certainly help to strengthen the ILO's action to protect trade union rights. If, as the Committee hopes, enough countries heed its call, these ratifications could also pave the way for setting up a world social platform, as a first step towards creating "humane conditions of labour" in every country, one of the objectives put forward by the drafters of the Constitution of the ILO 75 years ago.

331. As regards the application of Conventions, the Committee was able to note with satisfaction that substantial progress has been achieved, in particular as regards the possibility of trade union pluralism in several countries where it had been denied to workers' and employers' organizations until quite recently. While some of the improvements are modest and do not take effect as quickly as is desirable, the Committee none the less remains deeply convinced of the value of dialogue with the ILO's constituents and the correspondence between its own action and that of the other supervisory bodies with a view to gradually achieving a better application of the Conventions.

332. However, the Committee notes with deep concern that in a number of other countries the situation has hardly improved, and has even deteriorated, and that their legislation or practice, or both, remain in open violation of the Conventions on freedom of association. This is illustrated in particular by the repetitive observations made by the Committee in its annual report and the growing number of complaints presented to the Committee on Freedom of Association, which raise issues of both law and practice.

333. The Committee stresses the utmost importance of an open and frank dialogue in the improved implementation of the Conventions and recalls that the ILO is always available to provide help and technical assistance in these matters to member States which so request.

334. The Committee would like to point out that despite the current economic difficulties in many countries, and because of them, free and independent organizations of workers and employers, more than ever before, have a vital part to play in society: that of indispensable partners in economic development and the advancement of social justice.

335. From its studies since the last General Survey of these Conventions, embracing government reports, trade unions' comments, the work of the Committee on Freedom of Association and a number of reports of Commissions of Inquiry and direct contacts missions, the Committee has become aware of a considerable number of developments which appear likely, unless care is taken, to impede the rights to organize and to bargain collectively and to disrupt arrangements already in place. Policies such as those to increase competitiveness, to split large organizations and business into smaller units of profit centres, to move functions from the public to the private sector and to expand the rights of individuals and facilitate their enforcement are a matter for national policy. However, great care has to be taken to ensure that they may not result in weakening organizations of workers and bargaining arrangements built up over the years, or seriously weaken the ability to organize and bargain effectively.

336. Two illustrations may be given. The growing emphasis on the right of the individual has had great advantages for workers and has helped to secure in several countries marked advantages for individuals, and especially for women. But progress by that method, which may be fragmented and slow, should not divert attention from the need for collective bargaining which, where successful, can in many cases secure fundamental rights more likely and more speedily through incorporation in a collective agreement.

337. Particular concern must be expressed about the establishment of "free trade zones" to attract foreign enterprises, which are excluded from the application of national custom duties and taxation, and much or all of the national law. Although it cannot be the intention of such action to remove the protection afforded to workers by the rights to organize and bargain collectively or to nullify the impact of fundamental protections contained, for example, in the laws protecting health and safety, that may be the result in practice. If so, other employers in the country may be induced to seek similar relaxation in the legislation which is applicable to them and so effectively reduce the benefit of effective trade union organization.

338. Indeed, attitudes and planning which increasingly regard workers merely as an "item of resource" or a "cost factor" identical to others fail to give enough emphasis to the human factor and are to be deplored.

339. The Committee hopes that this Survey will contribute to a better application of the fundamental Conventions on freedom of association and to significant progress in ratifications, that it will have helped to clarify certain points which have been the subject of debate for several years within the ILO, and that it will further the knowledge and the understanding of these Conventions, in particular by the social partners in the countries which have not ratified them.

340. On the occasion of these anniversaries which are particularly important for the ILO, and thus for workers and employers all around the world, the Committee wishes to pay tribute to all those who have helped protect and promote freedom of association, sometimes by risking their freedom and even their lives. The Committee also makes an urgent appeal that, in the near future, this basic freedom becomes a daily reality, everywhere and for everyone.

Cross references
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35