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ILO Supervisory Mechanisms The Committee on freedom of association

Programme on freedom of association. ILO Supervisory Mechanisms The Committee on freedom of association. ILO supervisory mechanisms. The general supervisory machinery Committee of Experts on the Application of Conventions and Recommendations The constitutional procedures Complaints (art. 26)

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ILO Supervisory Mechanisms The Committee on freedom of association

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  1. Programme on freedom of association ILO Supervisory MechanismsThe Committee on freedom of association

  2. ILO supervisory mechanisms The general supervisory machinery Committee of Experts on the Application of Conventions and Recommendations The constitutional procedures Complaints (art. 26) Representations (art. 24) The special machinery in the field of FOA

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

  4. The Committee on Freedom of AssociationMandate • Deals 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. The Committee on Freedom of Association • The complaints must be: • In writing • Signed by a representative of a body entitled to make the complaint • Supported by evidence

  7. 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

  8. The Committee on Freedom of Association • Types of reports: • final; • interim; • « follow up » (the Committee requests to be kept informed of developments)

  9. 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

  10. Number of complaints originating from ASIA (1951-2005)

  11. Number of complaints originating from AFRICA (1951-2005)

  12. CFA – Type of restriction (1995-2003)

  13. Cases of progress (1971-2000)

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