Establishment of the CFA lPart of the special machinery in the field of FOA for trade union...

Establishment of the CFA

Establishment of the CFA

Part of the special machinery in the field of FOA for trade union purposes, which was established by the ILO in 1950 following an agreement with the Economic and Social Council of the United Nations.

First set up in 1951. Has issued over 2000 decisions.

CFA’s Status and RoleCFA’s Status and Role

A Special (Tripartite) Organ of the Governing Body; as such:

– Not bound by national judicial decisions– Not subject to the prior exhaustion of

national processes/remedies A Quasi-judicial Body:

– It examines complaints of freedom of association for trade union purposes

– It submits its conclusions and recommendations to the Governing Body of the ILO.

CFA’s MandateCFA’s Mandate

Special focus: The Committee examines only complaints of infringement of Freedom of association for trade union purposes

Broad jurisdiction: Complaints may be entertained regardless of whether the country concerned has ratified any of the Conventions in the field of freedom of association

CFA’s Mandate: Special Focus

CFA’s Mandate: Special Focus

The Committee examines only complaints of infringement of Freedom of association for trade union purposes

However, this includes: – The Right to Organise– The Right to Bargain Collectively– The Right to Strike– The Protection of related Civil Liberties

CFA’s Mandate: Broad Jurisdiction

CFA’s Mandate: Broad Jurisdiction

Ratification not required: Complaints may be entertained regardless of whether the country concerned has ratified any of the Conventions in the field of freedom of association

Exhaustion of national remedies not required and CFA not bound by national judicial decisions

CFA may also examine Complaints of violations of FOA against States which are not members of the ILO, when such complaints are forwarded to it by the United Nations, with the country’s consent.

Receivability of Complaints before the

CFA

Receivability of Complaints before the

CFA

To be receivable, complaints must satisfy certain conditions of form and substance, which essentially address the following issues:

– Who may file a complaint?– Against whom can a complaint be

directed?– When can a complaint be filed?– How must one proceed to file a complaint?

Who may file a Complaint before the CFA? (1)


Complaints must come from governments or from a workers’ or employers’ organisation, which may be:

– A national organisation directly interested in the matter

– An international organisation, which has consultative status with the ILO

– Another international organisation of workers or employers, where the allegations relate to matters directly affecting affiliated organisations.

International organisations having consultative status

International organisations having consultative status

Non-governmental international organisations having general consultative status with the ILO include:

– International Co-operative Alliance– International Confederation of Free Trade Unions– World Confederation of Labour– International Federation of Agricultural Producers– International Organisation of Employers– Organisation of African Trade Union Unity– Pan-African Employers’ Confederation.



If information about the organisation is not known by the CFA, the organisation should provide information with the complaint, including:

– Information about its membership– Its statutes/by-laws– Information about its national/international

affiliations– Any information that would lead to an

appreciation of the nature of the organisation.



Status of complaints emanating from:– Organisations in exile– Organisations which have been dissolved, or– Organisation which have failed to satisfy the

national administration of its lawful existence Such complaints are not automatically

deemed irreceivable– Rather, they are considered on the basis of

the information provided for organisations not known to the CFA: see (2) above



To file a complaint, the organisation must have a permanent existence.

This implies having a permanent address, which makes it possible to correspond with it.

Against whom can a complaint be directed?

Against whom can a complaint be directed?

Complaints before the CFA must be filed against a State (government) even if they involve infringements by a specific employer or an employers’ organisation.

When can a Complaint be filed before the CFA?

When can a Complaint be filed before the CFA?

When an infringement of FOA principles/ standards is identified. This can include:

– An action with ongoing implications, such as infringement embodied in legislation or in policy

– A specific act or occurrence, which may require immediate remedial action, such as the arrest or detention of trade unionists, the seizing of an organisation’s assets, the dissolution of an organisation, or the break-up or a trade union meeting.

How must one proceed to file a Complaint?

How must one proceed to file a Complaint?

Filing a complaint implies the formal laying of a charge

The complaint must contain specific allegations of infringement of FOA principles (pursuant to International Labour Standards on FOA)

Complaints to the CFA, should be sent to:– The Director-General

International Labour OrganizationCH-1211 Geneva 22, Switzerland

Complaints to the CFA: Conditions of Form

Complaints to the CFA: Conditions of Form

Complaints must be in writing Complaints must be signed by an official

of the complaining organisation or government

Complaints must be supported by written proof of allegations (sworn statements of facts and/or documentary evidence) relating to specific infringements of freedom of association.

Complaints must be in writing

Complaints must be in writing

A copy of a communication to a third party is not sufficient: the written communication must be directed to the ILO

The document may be sent by fax, but it must be followed by an original document.

Complaints must be signed (1)


Electronic mail is not receivable, as it cannot be signed.

A request for anonymity will be respected only after the Director-General has examined the complaint and concluded that it contains allegations of some degree of gravity which have not previously been examined by the CFA.



Complaints must be signed by a representative of a body entitled to make a Complaint:

– An “entitled representative” includes, for example, a president or executive director.

– It would not include, for e.g., a clerical assistant to the president or a lower-level official of the organisation.

Composition of the CFAComposition of the CFA

A tripartite organ of the Governing Body

– Comprises 9 members and 9 substitutes with an independent Chair (since 1978, chaired by an independent person);

– 3 members drawn from each of the Employers’, Workers’ and Government groups in the GB.

Committee on Freedom of Association


Practice and Procedure

CFA Practice & Procedure

CFA Practice & Procedure

Participation and Presence in the CFA’s Deliberations

No one involved in, or concerned by a complaint filed, may participate in the Committee’s deliberations, or be present during the hearing of the complaint• No representative or national of the State

against which a complaint has been made• No workers’ or employers’ representative

may attend the deliberations

CFA Practice & Procedure (1)CFA Practice & Procedure (1)

The CFA meets three times a year. Where the International Labour Office

finds a complaint insufficiently detailed, it may at any time ask a complainant to specify what infringements are complained of.

If supplementary information is deemed necessary to substantiate a complaint, the Office informs the complainant(s) within one month.


The allegations of infringement are transmitted by the Office to the government concerned for reply within a given period.

The CFA decides whether to reach a conclusion or ask the government concerned for additional information.


When it adopts conclusions, the CFA may recommend the GB to communicate them to the government concerned, drawing attention to anomalies, and inviting measures to remedy them as well as the transmission of further information on such measures.


The CFA may also recommend the referral of the matter to the Fact-Finding and Conciliation Commission.

The CFA submits its report to the GB on all cases which it has decided warrant further examination. After approval by the GB, the reports are published in the Official Bulletin.


Where cases involve ratified Conventions on FOA by the State concerned, the Committee of Experts on the Application of Conventions and Recommendations will follow the matter up under the regular supervisory machinery.

Otherwise, the CFA itself reviews the matter from time to time and may request the Office to ask governments to supply further information on action taken.


Withdrawal of Complaints:– A request for withdrawal is not sufficient in itself

for the CFA to automatically cease to proceed further with the case.

– The CFA must be satisfied that the withdrawal is being made in full independence.

– The CFA is alone competent to evaluate in full freedom whether this is the case.

Decision of the CFA: – Reached by consensus: the Committee always

endeavours to reach unanimous decisions.


Follows a primarily written process:

– The CFA usually proceeds on the basis of documentary evidence supplied by both the complainant and the government against which the complaint is directed.



Summary of key features:Complaints and Procedure

Status and Powers

COMPLAINTS MUST:

EMANATE FROM GOVERNMENTS, WORKERS’ OR EMPLOYERS’ ORGANISATIONS:

- National organisations having direct interest in the matter- International organisations having consultative status with ILO- International organisations where allegations relate

to matters directly affecting their affiliated organisations- Organisations must have permanent existence- Exiled or dissolved organisations may lodge complaints

BE IN WRITING

BE SIGNED

SUPPORTED BY EVIDENCE

CONDITIONS OF RECEIVABILITY FORCOMPLAINTS OF VIOLATIONS OF FOACONDITIONS OF RECEIVABILITY FORCOMPLAINTS OF VIOLATIONS OF FOA

FOA Project/Turin CentreFOA Project/Turin Centre

SPECIAL PROCEDURE CONCERNINGFREEDOM OF ASSOCIATION

SPECIAL PROCEDURE CONCERNINGFREEDOM OF ASSOCIATION

POSSIBLE INTERVENTION

DECISIONS BY CONSENSUS

POSSIBLE DIRECT CONTACTS

ADOPTION BY GOVERNING BODY

IF ILO CONVENTION IS RATIFIED

COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS

AND RECOMMENDATIONS (CEACR)

IF ILO CONVENTION IS NOT RATIFIED

FOLLOW-UP BY THE CFA

COMMITTEE ON FREEDOM OF ASSOCIATION (CFA)

WORKERS

EMPLOYERS

GOVERNMENTS


COMPLAINT PRESENTED TO ILO AND TRANSMITTED TO GOVERNMENTS

FOR OBSERVATIONS

ESTABLISH STRATEGY AT

NATIONAL LEVEL

SPECIAL CHARACTERISTICS

ILO GOVERNING BODY TRIPARTITE ORGAN

CHAIRED BY INDEPENDENT PERSON

FOCUS ON SPECIFIC SITUATION

LEGISLATIVE AS WELL AS FACTUAL EXAMINATION EVEN

WITHOUT RATIFICATION

QUASI-JUDICIAL BODY

NOT BOUND BY NATIONAL JUDICIAL DECISIONS

NOT SUBJECT TO THE PRIOR EXHAUSTION

OF NATIONAL REMEDIES

COMMITTEE ON FREEDOM OF ASSOCIATIONCOMMITTEE ON FREEDOM OF ASSOCIATION


Establishment of the CFA lPart of the special machinery in the field of FOA for trade union...

Documents

Transcript of Establishment of the CFA lPart of the special machinery in the field of FOA for trade union...