ilo supervisory mechanisms the committee on freedom of association
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Programme on freedom of association. ILO Supervisory Mechanisms The Committee on freedom of association. ILO supervisory mechanisms. The general supervisory machinery Committee of Experts on the Application of Conventions and Recommendations The constitutional procedures Complaints (art. 26) - PowerPoint PPT PresentationTRANSCRIPT
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