>> Question 9 : Which are the supervisory mechanisms?
>> Supervisory mechanism 4 : Special procedure for violation of freedom of association
Freedom of association and collective bargaining are among the founding principles of the ILO.
Soon after the adoption of Conventions Nos. 87 and 98 on freedom of association and collective bargaining, the ILO came to the conclusion that the principle of freedom of association needed a further supervisory procedure to ensure compliance with it in countries that had not ratified the relevant conventions.
As a result, in 1951 the ILO set up the Committee on Freedom of Association (CFA) for the purpose of examining complaints about violations of freedom of association, whether or not the country concerned had ratified the relevant conventions.
Complaints may be brought against a member state by employers' and workers' organizations. The CFA is a Governing Body committee, and is composed of an independent chair-person and three representatives each of governments, employers, and workers.
If it decides to receive the case, it establishes the facts in dialogue with the government concerned.
If it finds that there has been a violation of freedom of association standards or principles, it issues a report through the Governing Body and makes recommendations on how the situation could be remedied.
Governments are subsequently requested to report on the implementation of its recommendations.
In cases where the country has ratified the relevant instruments, legislative aspects of the case may be referred to the Committee of Experts.
The CFA may also choose to propose a "direct contacts" mission to the government concerned to address the problem directly with government officials and the social partners through a process of dialogue.
Back