ILO Supervisory MechanismsILO Supervisory MechanismsThe Committee on freedom of The Committee on freedom of

associationassociation

Programme on freedom of association

ILO supervisory mechanismsILO supervisory mechanisms

The general supervisory machineryThe general supervisory machinery–Committee of Experts on the Application of Committee of Experts on the Application of Conventions and RecommendationsConventions and Recommendations

The constitutional proceduresThe constitutional procedures–Complaints (art. 26)Complaints (art. 26)–Representations (art. 24)Representations (art. 24)

The special machinery in the field of The special machinery in the field of FOAFOA

The special machinery in the The special machinery in the field of FOAfield of FOA

The Committee on Freedom The Committee on Freedom of Associationof Association

The Committee on Freedom of AssociationThe Committee on Freedom of AssociationMandateMandate

Deals with the complaints filed against the Deals with the complaints filed against the government for government for violation of the conventions and violation of the conventions and principles on FOAprinciples on FOA

Focus on specific situationFocus on specific situation

Legislative as well as factual examination even Legislative as well as factual examination even without ratification or consentwithout ratification or consent

Decisions adopted unanimouslyDecisions adopted unanimously

Digest (jurisprudence)Digest (jurisprudence)

The Committee on Freedom of AssociationThe Committee on Freedom of Association

Complaints must emanate from:Complaints must emanate from: National organization having direct interest in the National organization having direct interest in the

matter matter International organization having consultative status International organization having consultative status

with ILO (ICFTU, IOE)with ILO (ICFTU, IOE)International organization where allegations relate to International organization where allegations relate to

matters directly affecting their affiliated matters directly affecting their affiliated organizationsorganizations

A governmentA government

Exiled or dissolved organizations may lodge Exiled or dissolved organizations may lodge complaintscomplaints

The Committee on Freedom of AssociationThe Committee on Freedom of Association

The complaints must be:The complaints must be:In writingIn writing

Signed by a representative of a body Signed by a representative of a body

entitled to make the complaintentitled to make the complaint

Supported by evidenceSupported by evidence

The Committee on Freedom of Association Procedure

The Committee on Freedom of Association Procedure

POSSIBLE INTERVENTION

DECISIONS BY CONSENSUS

POSSIBLE DIRECT CONTACTS

ADOPTION BY GOVERNING BODY

IF ILO CONVENTION IS RATIFIED

COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS

AND RECOMMENDATIONS (CEACR)

IF ILO CONVENTION IS NOT RATIFIED

FOLLOW-UP BY THE CFA

COMMITTEE ON FREEDOM OF ASSOCIATION (CFA)

WORKERS

EMPLOYERS

GOVERNMENTS

COMPLAINT PRESENTED TO ILO AND TRANSMITTED TO GOVERNMENTS

FOR OBSERVATIONS

The Committee on Freedom of AssociationThe Committee on Freedom of Association

Types of reports: Types of reports:

final; final; interim; interim; « follow up » (the Committee requests « follow up » (the Committee requests to be kept informed of developments)to be kept informed of developments)

The Committee on Freedom of AssociationThe Committee on Freedom of Association Special characteristicsSpecial characteristics

Quasi-judicial bodyQuasi-judicial body Not subject to the prior exhaustion of Not subject to the prior exhaustion of

national remediesnational remedies Examination even without the Examination even without the

government’s replaygovernment’s replay Not bound by national judicial decisionNot bound by national judicial decision

****** The Committee has dealt with nearly 2400 The Committee has dealt with nearly 2400

casescases

Number of complaints originating from ASIA Number of complaints originating from ASIA (1951-2005) (1951-2005)

Number of complaints originating from Asia (1951-2005)

65

32

28

21

14 1412 11 11 11

9 8 8 7 7 6 6 6 6 5 5 4 4 3 3 2 1 1

0

10

20

30

40

50

60

70

Ind

ia

Ja

pa

n

Pa

kis

tan

Ph

ilipp

ine

s

Au

stra

lia

Ba

ng

lad

esh

Sri L

an

ka

Jo

rda

n

Ma

laysia

Ind

on

esia

Mya

nm

ar

Iran

, Isla

mic

Re

pu

blic

of

Ne

w Z

ea

lan

d

Iraq

Th

aila

nd

Ba

hra

in

Ch

ina

Le

ba

no

n

Ca

mb

od

ia

Fiji

Vie

t Na

m

Ko

rea

, Re

pu

blic

of

Ne

pa

l

Ch

ina

- Ho

ng

Ko

ng

Sp

ecia

l

Ye

me

n

Syria

n A

rab

Re

pu

blic

Pa

pu

a N

ew

Gu

ine

a

Sa

ud

i Ara

bia

Number of complaints originating from AFRICA (1951-2005)Number of complaints originating from AFRICA (1951-2005)

Number of complaints originating from Africa (1951-2005)

66

24

19

1310 10 10 9 9 8 8 7 7 7 7 7 7 6 6 5 5 5 5 4 4 4 4 4 4 3 3 3 3 3 3 2 2 2 1 1 1 1 1 1

0

10

20

30

40

50

60

70

Morocco

South A

fricaD

emocratic R

epublic of the Congo

Cam

eroonM

auritiusS

enegalS

udanB

urkina Faso

Zim

babwe

Chad

Côte d'Ivoire

Burundi

Central A

frican Republic

Kenya

LiberiaN

igeriaT

ogoD

jiboutiM

auritaniaB

eninE

gyptE

thiopiaG

abonC

ape Verde

Madagascar

Mali

Niger

Uganda

Zam

biaC

ongoG

hanaG

uineaS

ierra LeoneS

waziland

Tunisia

Com

orosLesothoLibyan A

rab Jamahiriya

Algeria

Equatorial G

uineaE

ritreaG

uinea-Bissau

Malaw

iS

omalia

CFA – Type of restriction CFA – Type of restriction (1995-2003)(1995-2003)

Committee on Freedom of AssociationAllegations examined, by type of restriction

(March 1995 - May 2003)

By-laws, elections and activities

8%Denial of civil liberties

22%

Restrictive legislation7%

Collective bargaining14%

Interference5%

Acts of anti-union discrimination

25%

Right to strike10%

Establishment of organizations

9%

Sum of cases: 487 (allegations: 890)

82 9275

217

4512560

194

Cases of progress (1971-2000)Cases of progress (1971-2000)

0

10

20

30

40

50

60

1971-1980 1981-1990 1991-2000

Total number of cases of progress

Committee on Freedom of Association

Cases of progress