Compilation of decisions of the Committee on Freedom of Association

Right of employers and workers organizations to establish federations and confederations and to affiliate with international organizations of employers and workers12

Participation in ILO meetings

1. The Committee strongly regretted that the arrest of a trade unionist as a result of an event arising directly from a strike should have had the effect of preventing a worker member from attending a session of the Governing Body; it also considered that, once proceedings have been initiated, the independence of the judiciary cannot be invoked by the government as an excuse for the action which it itself has taken. The Committee therefore drew attention to the importance which the Governing Body attaches to the principle set forth in article 40 of the Constitution that members of the Governing Body shall enjoy such privileges and immunities as are necessary for the independent exercise of their functions.

1. It is important that no delegate to any organ or Conference of the ILO, and no member of the Governing Body, should in any way be hindered, prevented or deterred from carrying out their functions or from fulfilling their mandate.

1. It is the duty of a government to refrain from taking measures calculated to hinder delegates to an ILO Conference in the exercise of their functions, and to use its influence and take all reasonable steps to ensure that such delegates are in no way prejudiced by their acceptance of functions as delegates or by their conduct as delegates; measures on other grounds should not be envisaged against delegates in their absence, but should await their return so that they may be in a position to defend themselves.

1. A government decision which requires workers representatives wishing to attend an international meeting outside the country to obtain permission from the authorities in order to leave the country is not, in the case of members of the Governing Body, compatible with the principles set forth in article 40 of the ILO Constitution.

1. In general, the refusal by a State to grant leave to one of its officials holding trade union office to attend an advisory meeting organized by the ILO does not constitute an infringement of the principles of freedom of association, unless this refusal is based on the trade union activities or functions of the person concerned.

1. Participation as a trade unionist in symposia organized by the ILO is a legitimate trade union activity, and a government should not refuse the necessary exit papers for this reason.

1. The Committee has reiterated the special importance it attaches to the right of workers and employers representatives to attend and to participate in meetings of international workers and employers organizations and of the ILO.

1. Apart from the specific protection granted in conformity with article 40 of the Constitution of the ILO to members of the Governing Body so as to enable them to carry out their functions vis-à-vis the Organization in full independence, participation as a trade unionist in meetings organized by the ILO is a fundamental trade union right. It is therefore incumbent on the government of any member State of the ILO to abstain from any measure which would prevent representatives of a workers or employers organization from exercising their mandate in full freedom and independence. In particular, a government must not withhold the documents necessary for this purpose.

1. The Committee considers that the prohibition on any individual, whether worker or employer, from participating more than once as a delegate or adviser to international labour conferences violates the principles of freedom of association, and particularly Articles 3 and 5 of Convention No. 87.