International Training Centre of the ILO ILO Supervisory Machinery with Focus on Freedom of Association Maura Miraglio Turin, 29 September 2010 www.itcilo.org International Training Centre of the ILO

ILO Supervisory Machinery Regular  Reporting obligation on the application of each ratified Convention (Art. 22 ILO Constitution) Special  Complaint-based mechanisms All involve, directly or indirectly, the social partners www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Regular Supervision Submission of periodic reports on the application, in law and in practice, of each ratified Convention and their examination  Periodicity: 3 years for core and priority Conventions, 5 years for the others (but cycles can be altered!)  Bodies: Committee of Experts on the Application of Conventions and Recommendations; Conference Committee on the Application of Standards www.itcilo.org International Training Centre of the ILO

Regular Supervision: procedure GOVERNMENTS SUBMIT REPORTS ON RATIFIED CONVENTIONS EMPLOYERS AND WORKERS MAY COMMENT COMMITTEE OF EXPERTS REVIEWS REPORTS, COMMENTS AND RELATED DOCUMENTS SENDS DIRECT REQUEST TO GOVERNMENT, AND EMPLOYERS’ AND WORKERS’ ORGANIZATIONS PUBLISHES AN OBSERVATION IN ITS ANNUAL REPORT OR CONFERENCE DISCUSSES AND ADOPTS THE CONFERENCE COMMITTEE’S REPORT IN PLENARY G W E TRIPARTITE COMMITTEE AT THE CONFERENCE THE REPORT AND A SELECTION OF OBSERVATIONS www.itcilo.org International Training Centre of the ILO

Annual Report of the CEACR PART 1 General Report PART 2 Observations concerning particular countries PART 3 General Survey (as a separate volume) 2010 Report downloadable at: http://www.ilo.org/global/What_we_do/InternationalLabourStandards/lang--en/index.htm www.itcilo.org International Training Centre of the ILO

Highlights from the last CEACR Report (1) Reports on ratified Conventions requested in 2009: 2,733 Reports on ratified Conventions received in 2009: 1,853 (68%) 91 countries submitted all the reports due! Comments on ratified Conventions received from the social partners in 2009: 527 www.itcilo.org International Training Centre of the ILO

Highlights from the last CEACR Report (2) 71 observations on the application of C87 73 observations on the application of C98 20 cases of progress in the application of C87 and/or C98 19 cases in which the need for technical assistance has been highlighted to improve the application of C87 and/or C98 www.itcilo.org International Training Centre of the ILO

General Survey by the CEACR Every year, comprehensive analysis of legislation and practice on a given subject covered by ILS Covers all Member States, regardless of ratification of the relevant Convention(s) Clarifies the meaning and scope of the provisions of the ILS analyzed 1994 General Survey: Freedom of Association and Collective Bargaining www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO Special Procedures Constitutional procedures (representations Art. 24 ILO Constitution & complaints Art. 26 ILO Constitution)  For ratified Conventions only Freedom of association procedures  Regardless of ratification www.itcilo.org International Training Centre of the ILO

Representations (Art. 24): procedure BY EMPLOYERS’ OR WORKERS’ ORGANIZATIONS IS SUBMITTED TO THE ILO ILO INFORMS THE GOVERNMENT CONCERNED AND SUBMITS TO GOVERNING BODY GOVERNING BODY SENDS TO COMMITTEE ON FREEDOM OF ASSOCIATION BODY APPOINTS TRIPARTITE COMMITTEE BODY DECIDES NOT TO RECEIVE THE COMMITTEE ASKS GOVERNMENT FOR INFORMATION REPORT WITH FIND- INGS AND RECOM- MENDATIONS BODY ASKS FOR A COMMISSION OF INQUIRY TO DEAL WITH THE MATTER AS A COMPLAINT BODY MAKES FINDINGS, ADOPTS REPORT, AND PASSES CASE OF EXPERTS FOR FOLLOW-UP OR www.itcilo.org International Training Centre of the ILO

Complaints (Art. 26): procedure GOVERNING BODY MAY APPOINT A COMMISSION OF INQUIRY MEMBER STATE OR INTERNATIONAL LABOUR CONFERENCE DELEGATE OR GOVERNING BODY INITIATES COMPLAINT BODY FORWARDS COMPLAINTS CON- CERNING TRADE UNION RIGHTS TO COMMITTEE ON FREEDOM OF ASSOCIATION NOTES REPORT AND PASSES CASE TO COMMITTEE OF EXPERTS FOR FOLLOW-UP COMMISSION OF INQUIRY INVESTIGATES COMPLAINT AND ADOPTS REPORT WITH RECOMMENDATIONS ILO PUBLISHES REPORT TAKE ACTION UNDER ARTICLE 33 OR www.itcilo.org International Training Centre of the ILO

Committee on Freedom of Association Governing Body tripartite organ 18 members & an independent chair Members sit on their individual capacity Meets, in private sittings, three times a year (March, May and November) Examination even without ratification or consent of the government concerned Not subject to the prior exhaustion of national remedies Decisions taken unanimously Case law built up so far published in a Digest www.itcilo.org International Training Centre of the ILO

FOA Complaints: receivability From governments, workers’ and employers’ organizations:  national, having direct interest in the matter  international, having consultative status with the ILO  international, where allegations relate to matters directly affecting affiliated organizations From exiled or dissolved organizations In writing Signed by a representative entitled to make a complaints Supported by proof www.itcilo.org International Training Centre of the ILO

FOA Complaints: procedure GOVERING BODY ADOPTS THE REPORT DIRECT CONTACTS MISSION MAY BE INITIATED FOLLOW-UP BY THE COMMITTEE OF FREEDOM OF ASSOCIATION COMPLAINT IS SUBMITTED TO THE COMMITTEE ON FREEDOM OF ASSOCIATION BY GOVERNMENTS, EMPLOYERS’ OR WORKERS’ ORGANIZATIONS IF THE GOVERN- MENT HAS RATIFIED RELEVANT CONVENTIONS, THE CASE MAY ALSO BE REFERRED TO THE COMMITTEE OF EXPERTS G W E COMMITTEE REVIEWS COMPLAINT AND EITHER RECOMMENDS NO FURTHER ACTION, OR ISSUES RECOMMENDATIONS AND REQUESTS GOVERNMENT TO KEEP IT INFORMED ABOUT IMPLEMENTATION www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO www.itcilo.org International Training Centre of the ILO

Allegations examined by the CFA from March 2004 to June 2007 by region Source: "Freedom of association in practice: Lessons learned" - Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work 2008 www.itcilo.org International Training Centre of the ILO

Type of allegations examined by the CFA from March 2004 to June 2007 Source: "Freedom of association in practice: Lessons learned" - Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work 2008 www.itcilo.org International Training Centre of the ILO

International Training Centre of the ILO THANK YOU FOR YOUR ATTENTION! Maura Miraglio Freedom of Association Cluster ITC-ILO Standards and Fundamental Principles and Rights at Work Programme m.miraglio@itcilo.org www.itcilo.org International Training Centre of the ILO