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Freedom of Association of Association of Thecommitteeonfreedom Compilation Ofdecisions of Association Freedom Freedom of association Freedom of association Compilation of decisions of the Committee on Freedom of Association Sixth edition, 2018 Freedom of Association Compilation of decisions of the Committee on Freedom of Association Sixth edition (2018) INTERNATIONAL LABOUR OFFICE GENEVA Copyright © International Labour Organization 2018 First published 1972 Sixth edition 2018 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Cop- yright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Freedom of Association. Compilation of decisions of the Committee on Freedom of Association / International Labour Office – Geneva: ILO, 6th edition, 2018 ISBN 978-92-2-131205-5 (print) ISBN 978-92-2-131206-2 (web pdf) Also available in French: La liberté syndicale. Compilation des décisions du Comité de la liberté syndicale (ISBN 978-92-2-231078-4 (print), ISBN 978-92-2-231079-1 (web pdf)), Geneva, 2018, and in Spanish: La Libertad Sindical Recopilación de decisiones del Comité de Libertad Sindical (ISBN 978-92-2-331118-6 (print), ISBN 978-92-2-331119-3 (web pdf)), Geneva, 2018. ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. Information on ILO publications and digital products can be found at: www.ilo.org/publns. Cover design based on the drawing The Tree of Freedom by Veronika Vajdová. This publication was produced by the Document and Publications Production, Printing and Distribution Unit (PRODOC) of the ILO. Graphic and typographic design, layout and composition, printing, electronic publishing and distribution. PRODOC endeavours to use paper sourced from forests managed in an environmentally sustainable and socially responsible manner. Code: DTP-WEI-REPRO Table of contents Introduction 1 Procedure in respect of the Committee 1 on Freedom of Association and the social partners 5 Function of the ILO with regard to freedom of association 5 Areas of competence of the Committee on Freedom of Association 8 Fundamental obligations of member States in respect of human and trade union rights 12 Obligations of governments relating to the procedure of the Committee on Freedom of Association 14 The functions of organizations of workers and of employers 16 Trade union and employers’ organizations’ rights 2 and civil liberties 17 General principles 17 Right to life, security and the physical and moral integrity of the person 19 Arrest and detention of trade unionists and members of employers’ organizations 26 Preventive detention 29 Detentions during a state of emergency 30 System of education through labour 30 Special bodies and summary procedures 31 Internment in psychiatric hospitals 31 Bringing of charges and sentencing of trade unionists and representatives of employers’ organizations to imprisonment 31 Guarantee of due process of law 32 Freedom of movement 37 Rights of assembly and demonstration 39 A. Internal meetings of organizations, meetings in their premises and in relation to labour disputes 39 B. Public meetings and demonstrations 40 v Freedom of Association – Sixth edition (2018) C. International trade union and employers’ organizations’ meetings 43 Freedom of opinion and expression 44 A. General principles 44 B. Authorization and censorship of publications 47 C. Publications of a political character 48 F. Seizure of publications 49 Freedom of speech at the International Labour Conference 49 Protection against disclosure of information on the membership and activities of organizations 50 Protection of trade union and employers organizations’ premises and property 51 Confiscation and occupation of property 53 State of emergency and the exercise of trade union and employers’ organizations’ rights 54 Questions of a political nature affecting trade union and employers’ organizations’ rights 56 Right of workers and employers without distinction whatsoever, 3 to establish and to join organizations 59 General principle 59 Distinctions based on race, political opinion or nationality 59 Distinctions based on the nature of the contract 61 Distinctions based on occupational category 62 A. General principles 62 B. Public servants 62 (a) Members of the armed forces and the police . 64 (b) Civilian staff in the armed forces . 65 (c) Staff of the judiciary . 65 (d) Local public service employees . 65 (e) Firefighters . 65 (f) Prison staff . 66 (g) Customs officials, excise officers and employees of immigration services . 66 (h) Employees in the labour inspectorate . 66 (i) Teachers . 66 (j) Personnel in embassies . 67 (k) High-ranking public servants . 67 C. Security agents 68 D. Agricultural workers 68 E. Plantation workers 68 F. Air and maritime transport workers 69 G. Port workers 69 H. Hospital personnel 69 I. Managerial and supervisory staff 69 J. Self-employed workers and the liberal professions 70 K. Temporary workers 71 L. Workers undergoing a period of work probation 71 vi Table of contents M. Workers hired under training contracts 71 N. Unemployed persons 72 O. Persons working under community participation programmes intended to combat unemployment 72 P. Workers in cooperatives 72 Q. Distributors, sales agents and subcontracted workers 73 R. Workers in export processing zones 73 S. Domestic workers 74 T. Home-based workers 74 U. Workers who have been dismissed 74 V. Retired workers 75 W. Professional footballers 75 X. Workers in small businesses 75 Distinctions based on age 75 Other distinctions 75 Right of workers and employers to establish organizations 4 without previous authorization 77 Requirement of previous authorization 77 Legal formalities for the establishment of organizations 78 Requirements for the establishment of organizations 78 Minimum number of members 80 Registration of organizations 81 Right of workers and employers to establish 5 and join organizations of their own choosing 87 General principles 87 Organizations’ unity and pluralism 87 Freedom of choice of the organization’s structure 93 Sanctions imposed for attempting to establish organizations 94 Favouritism or discrimination in respect of particular organizations 95 Admissible privileges for most representative organizations 97 Right to join organizations freely 101 Union security clauses 102 Undue intervention of the authorities with a view to eliminating trade unions 103 Right of organizations to draw up their constitutions 6 and rules 105 Legislation on the subject and interference by the authorities 105 Model constitutions 108 Racial discrimination 108 Relations between first-level trade unions and higher-level organizations 109 vii Freedom of Association – Sixth edition (2018) 7 Right of organizations to elect their representatives in full freedom 111 General principles 111 Electoral procedures 112 Eligibility conditions 114 A. Racial discrimination 114 B. Employment in the occupation or enterprise 114 C. Minimum age 116 D. Duration of membership of the organization 116 E. Political opinions or activities 116 F. Moral standing of candidates for office 117 G. Nationality 117 H. Criminal record 117 I. Re-election 118 Obligation to participate in ballots 119 Intervention by the authorities in trade union and employers’ organizations’ elections 119 Challenges to trade union and employers’ organizations’ elections 121 Removal of executive committees and the placing of the organization under control 122 8 Right of organizations to organize their administration 125 General principles 125 Internal administration of organizations 125 Control over the internal activities of organizations 126 Financial administration of organizations 128 A. Financial independence in respect of the public authorities 128 B. Union dues 129 C. Control and restrictions on the use of trade union funds 131 Right of organizations freely to organize their activities 9 and to formulate their programmes 135 General principles 135 Political activities and relations 136 Other activities of organizations (protest activities, representation of members, sit-ins, public demonstrations, etc ) 138 10 Right to strike 143 Importance of the right to strike and its legitimate exercise 143 Objective of the strike (strikes on economic and
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