Compilation of decisions of the Committee on Freedom of Association

Right of organizations to elect their representatives in full freedom7

Eligibility conditions

Nationality

1. Legislation should be made flexible so as to permit the organizations to elect their leaders freely and without hindrance, and to permit foreign workers access to trade union posts, at least after a reasonable period of residence in the host country.

1. In a case concerning a country where union members who are not nationals of the country do not have the right to vote, nominate candidates or attend general assemblies but only to select a representative to express their point of view to the board, the Committee reiterated that freedom of association should be guaranteed without discrimination of any kind based on nationality and that such restriction on the right to organize prevents migrant workers from playing an active role in the defence of their interests, especially in sectors where they are the main source of labour.