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

2. 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
International Training Centre of the ILO

3. 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
International Training Centre of the ILO

4. 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
International Training Centre of the ILO

5. 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:
International Training Centre of the ILO

6. 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
International Training Centre of the ILO

7. 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
International Training Centre of the ILO

8. 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
International Training Centre of the ILO

9. 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
International Training Centre of the ILO

10. 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
International Training Centre of the ILO

11. 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
International Training Centre of the ILO

12. 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
International Training Centre of the ILO

13. 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
International Training Centre of the ILO

14. 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
International Training Centre of the ILO

15. International Training Centre of the ILO
International Training Centre of the ILO

16. International Training Centre of the ILO
International Training Centre of the ILO

17. International Training Centre of the ILO
International Training Centre of the ILO

18. International Training Centre of the ILO
International Training Centre of the ILO

19. 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
International Training Centre of the ILO

20. 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
International Training Centre of the ILO

21. 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
International Training Centre of the ILO