Appendix III: Resolution of 1970 concerning trade union rights and their relation to civil liberties (extracts)

The General Conference of the International Labour Organization,

Considering that the preamble to the Constitution of the International Labour Organization proclaims recognition of the principle of freedom of association as one of the objectives of the Organization,

Considering that the Declaration of Philadelphia, an integral part of the Constitution, proclaims that freedom of expression and of association are essential to sustained progress and refers to other fundamental and human rights inherent in human dignity,

Considering that the International Labour Organization has laid down basic standards of freedom of association for trade union purposes in the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98),

Considering that without national independence and political liberty full and genuine trade union rights could not exist,

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Considering that trade unions, provided they enjoy their full rights, are an essential factor for the attainment of the objective of the economic, social and cultural progress stated in the Constitution of the ILO,

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Considering that the supervisory machinery of the ILO, and particularly the Governing Body Committee on Freedom of Association, on the basis of existing standards, has taken supplementary decisions concerning infringements of trade union rights which refer also to specific civil liberties,

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1. Recognizes that the rights conferred upon workers' and employers' organizations must be based on respect for those civil liberties which have been enunciated in particular in the Universal Declaration of Human Rights and in the International Covenants on Civil and Political Rights and that the absence of these civil liberties removes all meaning from the concept of trade union rights.

2. Places special emphasis on the following civil liberties, as defined in the Universal Declaration of Human Rights, which are essential for the normal exercise of trade union rights:

(a) the right to freedom and security of person and freedom from arbitrary arrest and detention;

(b) freedom of opinion and expression and in particular freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers;

(c) freedom of assembly;

(d) the right to a fair trial by an independent and impartial tribunal;

(e) the right to protection of the property of trade union organizations.

3. Reaffirms the ILO's specific competence - within the United Nations system - in the field of freedom of association and trade union rights (principles, standards, supervisory machinery) and of related civil liberties.

4. Emphasizes the responsibility of the United Nations for protecting and promoting human rights in general political freedoms and civil liberties throughout the world.

5. Expresses its deep concern about and condemns the repeated violations of trade union rights and other human rights.

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9. Reaffirms its belief in the principles which inspired the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), and strongly urges that all member States which have not already done so ratify these Conventions and, pending ratification, that they ensure that the principles embodied in these Conventions are observed and that they respect the principles enshrined in these Conventions in the enactment of their national legislation.

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13. Invites the Director-General of the ILO to express the support of the ILO for the action of the United Nations in the field of human rights and to draw the attention of the appropriate United Nations bodies to the relationship which exists between trade union rights and civil liberties.

14. Invites the Governing Body to undertake all efforts with a view to strengthening the ILO machinery for securing the observance by member States of ILO principles concerning freedom of association and trade union rights.

15. Invites the Governing Body to instruct the Director-General to undertake further comprehensive studies and to prepare reports on law and practice in matters concerning freedom of association and trade union rights and related civil liberties falling within the competence of the ILO, with a view to considering further action to ensure full and universal respect for trade union rights in their broadest sense;

For this purpose particular attention should be given to the following questions:

- right of trade unions to exercise their activities in the undertaking and other workplaces;

- right of trade unions to negotiate wages and all other conditions of work;

- right of participation of trade unions in undertakings and in the general economy;

- right to strike;

- right to participate fully in national and international trade union activities;

- right to inviolability of trade union premises as well as of correspondence and telephonic conversations;

- right to protection of trade union funds and assets against intervention by the public authorities;

- right of trade unions to have access to media of mass communication;

- right to protection against any discrimination in matters of affiliation and trade union activities;

- right of access to voluntary conciliation and arbitration procedures;

- right to workers' education and further training.