Compilation of decisions of the Committee on Freedom of Association

Procedure in respect of the Committee on Freedom of Association and the social partners1

Fundamental obligations of member States in respect of human and trade union rights

1. When a State decides to become a Member of the International Labour Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association.

1. The membership of a State in the International Labour Organization carries with it the obligation to respect in national legislation freedom of association principles and the Conventions which the State has freely ratified.

1. The ultimate responsibility for ensuring respect for the principles of freedom of association lies with the Government.

1. Freedom of association is one of the primary safeguards of peace and social justice. The ILO member States have committed, through the 2008 Social Justice Declaration to respect, promote and realize the fundamental principles and rights and work, with an emphasis on freedom of association and effective recognition of collective bargaining as particularly important to the attainment of the four strategic objectives of the ILO Decent Work Agenda.

1. All States have the obligation to respect fully the commitments undertaken by ratification of ILO Conventions. While the manner in which the application of a ratified Convention is ensured in law and in practice varies from one State to another depending on the national constitutional and legal system, the basis for this obligation cannot be challenged.

1. It is the responsibility of the Government to ensure the application of international labour Conventions concerning freedom of association which have been freely ratified and which must be respected by all state authorities, including the judicial authorities.

1. The Committee reminds the Government that it has a responsibility to ensure the application of international labour Conventions concerning freedom of association which have been freely ratified and which must be respected by all state authorities, and that the inviolability of trade union premises is a civil liberty which is essential to the exercise of trade union rights, the Committee trusts that the Government will ensure in particular full respect for these principles in the future.

1. The Committee wishes to emphasize in this respect that, when a State decides to become a Member of the Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association; all ILO member States are therefore expected to give effect to these principles as expressed and developed in the fundamental Conventions on freedom of association and collective bargaining and this duty extends, in the Committee's view, to the embassies, consulates and other offices, as an integral part of the public administration.

1. According to article 19, paragraph 8 of the ILO Constitution, in no case shall the adoption of any Convention or Recommendation by the Conference, or the ratification of any Convention by any Member, be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the Convention or Recommendation.

1. Trade union rights, like other basic human rights, should be respected no matter what the level of development of the country concerned.

1. The Committee has referred to the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, adopted by the Governing Body of the ILO in November 1977, which states that (paragraph 46 of the Declaration, as amended in November 2000): where governments of host countries offer special incentives to attract foreign investment, these incentives should not include any limitation of the workers freedom of association or the right to organize and bargain collectively.

1. A State cannot use the argument that other commitments or agreements can justify the non-application of ratified ILO Conventions.

1. The level of protection for exercising trade union rights which results from the provisions and principles of Conventions Nos. 87 and 98 constitutes a minimum standard which may be complemented and it is desirable that other supplementary guarantees should be added resulting from the constitutional and legal system of any given country, its traditions as regards labour relations, trade union action or bargaining between the parties.

1. Faced with allegations against one government of violations of trade union rights, the Committee recalled that a successive government in the same State cannot, for the mere reason that a change has occurred, escape the responsibility deriving from events that occurred under a former government. In any event, the new government is responsible for any continuing consequences which these events may have. Where a change of regime has taken place in a country, the new government should take all necessary steps to remedy any continuing effects which the events on which a complaint is based may have had since its accession to power, even though those events took place under its predecessor.