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ILO Supervisory Mechanisms

Trade union training for NWJ on protecting workers’ rights and interests in the era of globalization. ILO Supervisory Mechanisms. The special machinery in the field of FOA. The Committee on Freedom of Association. The Committee on Freedom of Association. Established in 1951

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ILO Supervisory Mechanisms

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  1. Trade union training for NWJ on protecting workers’ rights and interests in the era of globalization ILO Supervisory Mechanisms

  2. The special machinery in the field of FOA • The Committee on Freedom of Association

  3. The Committee on Freedom of Association • Established in 1951 • Tripartite committee of the GB, comprised of three representatives for each group and chaired by an independent person • the representatives of a State which is concerned by the case, must leave the room • participation on an individual basis • Meets three times a year (March, May and November) • private session

  4. The Committee on Freedom of AssociationMandate • Dealts with the complaints filed against the government for violation of the conventions and principles on FOA • Focus on specific situation • Legislative as well as factual examination even without ratification or consent • Decisions adopted unanimously • Digest (jurisprudence)

  5. The Committee on Freedom of Association • Complaints must emanate from: • National organization having direct interest in the matter • International organization having consultative status with ILO (ICFTU, IOE) • International organization where allegations relate to matters directly affecting their affiliated organizations • A government • Exiled or dissolved organizations may lodge complaints

  6. COMPLAINT PRESENTED TO ILO AND TRANSMITTED TO GOVERNMENTS FOR OBSERVATIONS POSSIBLE INTERVENTION WORKERS EMPLOYERS GOVERNMENTS COMMITTEE ON FREEDOM OF ASSOCIATION (CFA) POSSIBLE DIRECT CONTACTS DECISIONS BY CONSENSUS IF ILO CONVENTION IS RATIFIED IF ILO CONVENTION IS NOTRATIFIED COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS (CEACR) FOLLOW-UP BY THE CFA The Committee on Freedom of Association Procedure ADOPTION BY GOVERNING BODY

  7. The Committee on Freedom of AssociationSpecial characteristics • Quasi-judicial body • Not subject to the prior exhaustion of national remedies • Examination even without the government’s replay • Not bound by national judicial decision *** • The Committee has dealt with nearly 2400 cases

  8. Cases before the CFA concerning the Japanese government • 3 Active • 4 follow up • 25 Closed • 1 Special Report

  9. Cases before the CFA concerning the Japanese government • Active cases • No. 2319 : The National Union of General Workers Union (ZENROREN-ZENKOKUIPPAN) (2004) • No. 2183 : ZENZOREN and the Japan Federation of Prefectural and Municipal Workers' Unions (JICHIROREN) (2002) • No. 2177 : The Japanese Trade Union Confederation (JTUC-RENGO), the RENGO Public Sector Liaison Council (RENGO-PSLC), ICFTU, PSI, the International Transport Workers' Federation (ITF), the International Federation of Building and Wood Workers (IFBWW), Education International (EI), the International Federation of Employees in Public Services (INFEDOP) and Union Network International (UNI) (2002)

  10. Cases before the CFA concerning the Japanese government • Follow up cases • Case No. 2304 : The Japan Confederation of Railway Workers' Unions (JRU) on the 14-10-2003 • Case No. 2139 : The National Confederation of Trade Unions (ZENROREN) on the 19-06-2001 • Case No. 2114 : The Okoyama Prefectural High-School Teachers' Union on the 18-01-2001 • Case No. 1991: The Japanese National Railway Workers' Union (KOKURO) and the All National Railway Locomotive Engineers' Union (ZENDORO) on the 12-10-1998

  11. Cases before the CFA concerning the Japanese government • Allegations: • Right to bargain collectively of public employees • Acts of anti-union discrimination • Interference of the public authorities in the trade unions’ activities

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