Freedom of Association: International Sources (Main Instruments) The Content of International Labour Standards on FOA: General Overview

FOA: ILO Constitution The Preamble of the Constitution of the ILO expressly declares “ recognition of the principle of freedom of association ” to be one of the means of improving the conditions of the workers and of ensuring social justice, which is a precondition to universal and lasting peace.

FOA: ILO Declaration of Philadelphia  In 1944, the International Labour conference reaffirmed as one of the principles on which the ILO is based that “ freedom of expression and association are essential to sustained progress ”.  The Declaration of Philadelphia also affirms the need to promote “ the effective recognition of the right to collective bargaining ”.  The terms of the Declaration of Philadelphia were incorporated in the Constitution of the ILO in 1946.

Freedom of Association: Fundamental Conventions l Convention 87: Freedom of Association and Protection of the Right to Organize, lAsserts the principle of independence of trade unions’ organisations from public authorities. l Convention 98: Right to Organise and Collective Bargaining, lCompletes the guarantees of independence in C.87 by focusing on the relations between workers organisations and employers.

Additional Instruments on Freedom of Association l C. 135: Workers’ Representatives Convention, 1971 –R. 143: Workers’ Representatives Recommendation, 1971 l C. 141: Rural Workers’ Organisations Convention, 1975 –R. 149: Rural Workers’ Organisation Recommendation, 1975

Additional instruments on Collective Bargaining l C. 151: Labour Relations (Public Service) Convention, 1978 –R. 159: Labour Relations (Public Service) Recommendation, 1978 l C. 154: Collective Bargaining Convention, 1981 –R. 163: Collective Bargaining Recommendation, 1981 –R. 91: Collective Agreements Recommendation, 1951

Freedom of Association: Basic Principles l The Principle of Non-interference –The importance of independence –The meaning of non-interference l The Principle of Non-discrimination –The importance of universal access: “effective enjoyment by all” –The meaning of non-discrimination: “no distinction”

Protection from Interference and Universal Enjoyment l C. 87: Public Authorities lThe protection covers all stages of the organization’s life: from creation to dissolution l C. 98: Employers and organizations lThe protection covers all stages of the relationship: from hiring to termination