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Distinctions based on race, political opinion or nationality (Right of workers and employers,without distinction whatsoever, to establish and to join organizations)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0302 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060302 Distinctions based on race, political opinion or nationality 210. A law which prohibits African workers from establishing trade unions which can be registered and participate in industrial councils for the purpose of negotiating agreements and settling disputes constitutes a form of discrimination which is inconsistent with the principle accepted in the majority of countries, and embodied in Convention No. 87, that workers without distinction whatsoever should have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. It is also inconsistent with the principle that all workers’ organizations should enjoy the right of collective bargaining. (See the 1996 Digest, para. 208.) 211. The prohibition of registration of mixed trade unions (consisting of workers of different races) is not compatible with the generally accepted principle that workers, without distinction whatsoever, should have the right to establish and, subject only to the rules of the organizations concerned, to join organizations of their own choosing without previous authorization.(See the 1996 Digest, para. 209.) 212. Workers should have the right, without distinction whatsoever, in particular without discrimination on the basis of political opinion, to join the organization of their own choosing.(See the 1996 Digest, para. 210.) 213. Workers should have the right to establish the organizations that they consider necessary in a climate of complete security irrespective of whether or not they support the social and economic model of the Government, including the political model of the country.(See 332nd Report, Case No. 2258, para. 515.) 214. With regard to the denial of the right to organize to migrant workers in an irregular situation, the Committee recalled that all workers, with the sole exception of the armed forces and the police, are covered by Convention No. 87, and it therefore requested the Government to take the terms of Article 2 of Convention No. 87 into account in the legislation in question.(See 327th Report, Case No. 2121, para. 561.) 215. With regard to the granting of trade union rights to aliens, the requirement of reciprocity is not acceptable under Article 2 of Convention No. 87.(See the 1996 Digest, para. 211.) |
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