Function of the ILO and mandate of the Committee on Freedom of Association (Procedure in respect of the Committee on Freedom of Association and the social partners)


Description:(CFA: Digest of Decisions 2006)
Subject classification: Freedom of Association
Document:0101
Subject: Freedom of Association, Collective Bargaining, and Industrial Relations
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Document No. (ilolex): 2320060101

Function of the ILO and mandate of the Committee on 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.

(See the 1996 Digest, para. 1; and 332nd Report, Case No. 2227, para. 600.)

2. 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.

(See the 1996 Digest, para. 2; 329th Report, Case No. 2114, para. 69; and 331st Report, Case No. 2177/2183, para. 548.)

3. The purpose of the procedure of the Committee is to promote respect for trade union rights in law and in fact.

(See the 1996 Digest, para. 4; and, for example, 299th Report, Case No. 1772, para. 127; 300th Report, Case No. 1799, para. 205; 305th Report, Case No. 1870, para. 140; 311th Report, Case No. 1873, para. 106; 316th Report, Case No. 1988, para. 386; 321st Report, Case No. 1888, para. 230; 325th Report, Case No. 2052, para. 407; 332nd Report, Case No. 2225, para. 373; 335th Report, Case No. 2111, para. 1169; and 336th Report, Case No. 2321, para. 491.)

4. 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.

(See 323rd Report, Case No. 1888, para. 199.)

5. Complaints lodged with the Committee can be submitted whether or not the country concerned has ratifi ed the freedom of association Conventions.

(See the 1996 Digest, para. 5; and 332nd Report, Case No. 227, para. 600.)

6. 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.

(See the 1996 Digest, para. 6; 310th Report, Case No. 1931, para. 494; 311th Report, Case No. 1942, para. 262; 335th Report, Case No. 2187, para. 116; and 337th Report, Case No. 2258, para. 836.)

7. Within the terms of its mandate, the Committee is empowered to examine to what extent the exercise of trade union rights may be affected in cases of allegations of the infringement of civil liberties.

(See the 1996 Digest, para. 7.)

8. The Committee’s 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.

(See 332nd Report, Case No. 2227, para. 600.)

9. 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 fi nding of irreceivability.

(See 325th Report, Case No. 2106, para. 477.)

10. 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.

(See 329th Report, Case No. 2177/2183, para. 630.)

11. Where national laws, including those interpreted by the high courts, violate the principles of freedom of association, the Committee has always considered it within its mandate to examine the laws, provide guidelines and offer the ILO’s technical assistance to bring the laws into compliance with the principles of freedom of association, as set out in the Constitution of the ILO and the applicable Conventions.

(See the 1996 Digest, para. 8; 310th Report, Case No. 1931, para. 494; 318th Report, Case No. 1954, para. 50; 329th Report, Case No. 2114, para. 69, and Case No. 2177/2183, para. 631.)

12. While it is not for the Committee to decide upon questions concerning the occupation or administration of territories, as a Member of the ILO, the Government of the occupying country is bound to respect the principle of freedom of association as contained in the ILO Constitution in respect of the occupied territories where its national legislation does not apply and in respect of which the ratification of the international Conventions on freedom of association does not of itself create an obligation vis-à-vis the ILO. The Committee recalls, in this respect, that its competence in the matter is independent of the ratification of the Conventions on freedom of association.

(See the 1996 Digest, para. 9.)

13. The Committee is not competent to consider purely political allegations; it can, however, consider measures of a political character taken by governments in so far as these may affect the exercise of trade union rights.

(See the 1996 Digest, para. 200.)

14. The question of representation at the International Labour Conference falls within the competence of the Conference Credentials Committee.

(See the 1996 Digest, para. 659.)
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