Freedom of Association:International Sources(Main Instruments)

Freedom of Association:International Sources(Main Instruments)

The Content of International Labour Standards on FOA: General Overview

FOA: ILO ConstitutionFOA: ILO Constitution

The Preamble of the Constitution of the ILO expressly declares “recognition of the principle of freedom of association” to be one of the means of improving the conditions of the workers and of ensuring social justice, which is a precondition to universal and lasting peace.

FOA: ILO Declaration of Philadelphia

FOA: ILO Declaration of Philadelphia

In 1944, the International Labour conference reaffirmed as one of the principles on which the ILO is based that “freedom of expression and association are essential to sustained progress”.

The Declaration of Philadelphia also affirms the need to promote “the effective recognition of the right to collective bargaining”.

The terms of the Declaration of Philadelphia were incorporated in the Constitution of the ILO in 1946.

Freedom of Association: Fundamental ConventionsFreedom of Association:

Fundamental Conventions

Convention 87: Freedom of Association and Protection of the Right to Organize, 1948.

Asserts the principle of independence of trade unions’ organisations from public authorities.

Convention 98: Right to Organise and Collective Bargaining, 1949.

Completes the guarantees of independence in C.87 by focusing on the relations between workers organisations and employers.

Additional Instrumentson Freedom of Association

Additional Instrumentson Freedom of Association

C. 135: Workers’ Representatives Convention, 1971

– R. 143: Workers’ Representatives Recommendation, 1971

C. 141: Rural Workers’ Organisations Convention, 1975

– R. 149: Rural Workers’ Organisation Recommendation, 1975

Additional instruments on Collective Bargaining

Additional instruments on Collective Bargaining

C. 151: Labour Relations (Public Service) Convention, 1978

– R. 159: Labour Relations (Public Service) Recommendation, 1978

C. 154: Collective Bargaining Convention, 1981

– R. 163: Collective Bargaining Recommendation, 1981

– R. 91: Collective Agreements Recommendation, 1951

Freedom of Association:Basic Principles

Freedom of Association:Basic Principles

The Principle of Non-interference– The importance of independence– The meaning of non-interference

The Principle of Non-discrimination

– The importance of universal access: “effective enjoyment by all”

– The meaning of non-discrimination: “no distinction”

Protection from Interference and Universal Enjoyment

Protection from Interference and Universal Enjoyment

C. 87: Public Authorities

The protection covers all stages of the organization’s life: from creation to dissolution

C. 98: Employers and organizations

The protection covers all stages of the relationship: from hiring to termination