Freedom of association: the impact of Convention No. 87 and ILO action

International Labour Review

Volumn 137, Issue 2, 1998, Pages 195-221

  Von Potobsky, Geraldo ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

HUMAN RIGHTS; INTERNATIONAL AGREEMENT; LABOR STANDARDS; LEGISLATION;

EID: 0032425014     PISSN: 00207780     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (54)

1. Both instruments are published in ILO: International Labour Conventions and Recommendations, 1919-1951, Geneva, 1985; the full text of Convention No. 87 is reproduced in Appendix I of this issue of the Review.
2. See, for example, Otto Kahn Freund: "On uses and misuses of comparative law", in The Modern Law Review (London), Vol. 37, 1974, No. 1 (Jan.).
3. ILO: Minutes of the 121st Session of the Governing Body, 1953, Geneva, p. 39.
4. ILO: Freedom of association: Comparative analysis, Studies and Reports, Series A (Industrial Relations), No. 28, Geneva, 1927.
5. ILO: Studies and Reports, Series A (Industrial Relations), Geneva, published between 1927 and 1930. The trade union movement in Soviet Russia (No. 26); Freedom of association: Great Britain, Irish Free State, France, Belgium, Luxembourg, Netherlands, Switzerland (No. 29); Freedom of association: Germany, former Dual Monarchy of Austria-Hungary, Austria, Hungary, Czechoslovak Republic, Poland, Baltic States; Denmark, Norway, Sweden, Finland (No. 30); Freedom of association: Italy, Spain, Portugal, Greece, Serb-Croat-Slovene Kingdom, Bulgaria, Rumania (No. 31); Freedom of association: United States of America, Canada, Latin America, South Africa, Australia and New Zealand, India, China, Japan (No. 32).
6. ILO: "Report of the Committee on Freedom of Employers' and Workers' Organisations", in Official Bulletin (Geneva), Vol. XXXIX, 1956, No. 9, pp. 475-585. The report's authors were Sir Arnold D. McNair (United Kingdom), former President of the International Court of Justice (and Chairman of the Committee), Pedro de Alba, former President of the Mexican Senate, and A. R. Cornelius, Judge of the Federal Court of Pakistan. The monographs were published in three mimeographed supplements.
7. ILO: The trade union situation in the United States, Geneva, 1960; The trade union situation in the U.S.S.R., Geneva, 1960; The trade union situation in the United Kingdom, Geneva, 1961; The trade union situation in Sweden, Geneva, 1961; The trade union situation in the Federation of Malaya, Geneva, 1962; and The trade union situation in Burma, Geneva, 1962.
8. ILO: The trade union situation in the United States, Geneva, 1960; The trade union situation in the U.S.S.R., Geneva, 1960; The trade union situation in the United Kingdom, Geneva, 1961; The trade union situation in Sweden, Geneva, 1961; The trade union situation in the Federation of Malaya, Geneva, 1962; and The trade union situation in Burma, Geneva, 1962.
9. ILO: The trade union situation in the United States, Geneva, 1960; The trade union situation in the U.S.S.R., Geneva, 1960; The trade union situation in the United Kingdom, Geneva, 1961; The trade union situation in Sweden, Geneva, 1961; The trade union situation in the Federation of Malaya, Geneva, 1962; and The trade union situation in Burma, Geneva, 1962.
10. ILO: The trade union situation in the United States, Geneva, 1960; The trade union situation in the U.S.S.R., Geneva, 1960; The trade union situation in the United Kingdom, Geneva, 1961; The trade union situation in Sweden, Geneva, 1961; The trade union situation in the Federation of Malaya, Geneva, 1962; and The trade union situation in Burma, Geneva, 1962.
11. ILO: The trade union situation in the United States, Geneva, 1960; The trade union situation in the U.S.S.R., Geneva, 1960; The trade union situation in the United Kingdom, Geneva, 1961; The trade union situation in Sweden, Geneva, 1961; The trade union situation in the Federation of Malaya, Geneva, 1962; and The trade union situation in Burma, Geneva, 1962.
12. ILO: The trade union situation in the United States, Geneva, 1960; The trade union situation in the U.S.S.R., Geneva, 1960; The trade union situation in the United Kingdom, Geneva, 1961; The trade union situation in Sweden, Geneva, 1961; The trade union situation in the Federation of Malaya, Geneva, 1962; and The trade union situation in Burma, Geneva, 1962.
13. ILO: The trade union situation and industrial relations in Hungary, Geneva, 1984; The trade union situation and industrial relations in Norway, Geneva, 1984; The trade union situation and industrial relations in Spain, Geneva, 1985; The trade union situation and industrial relations in Yugoslavia, Geneva, 1985; The trade union situation and industrial relations in Austria, Geneva, 1986.
14. ILO: The trade union situation and industrial relations in Hungary, Geneva, 1984; The trade union situation and industrial relations in Norway, Geneva, 1984; The trade union situation and industrial relations in Spain, Geneva, 1985; The trade union situation and industrial relations in Yugoslavia, Geneva, 1985; The trade union situation and industrial relations in Austria, Geneva, 1986.
15. ILO: The trade union situation and industrial relations in Hungary, Geneva, 1984; The trade union situation and industrial relations in Norway, Geneva, 1984; The trade union situation and industrial relations in Spain, Geneva, 1985; The trade union situation and industrial relations in Yugoslavia, Geneva, 1985; The trade union situation and industrial relations in Austria, Geneva, 1986.
16. ILO: The trade union situation and industrial relations in Hungary, Geneva, 1984; The trade union situation and industrial relations in Norway, Geneva, 1984; The trade union situation and industrial relations in Spain, Geneva, 1985; The trade union situation and industrial relations in Yugoslavia, Geneva, 1985; The trade union situation and industrial relations in Austria, Geneva, 1986.
17. ILO: The trade union situation and industrial relations in Hungary, Geneva, 1984; The trade union situation and industrial relations in Norway, Geneva, 1984; The trade union situation and industrial relations in Spain, Geneva, 1985; The trade union situation and industrial relations in Yugoslavia, Geneva, 1985; The trade union situation and industrial relations in Austria, Geneva, 1986.
18. ILO: Freedom of association and collective bargaining, General Survey of the reports on the Freedom of Association and the Right to Organize Convention (No. 87), 1948, and the Right to Organize and Collective Bargaining Convention (No. 98), 1949, Report III (Part 4B), International Labour Conference, 81st Session, 1994, Geneva.
19. ILO: Trade union conditions in Hungary, Geneva, 1921.
20. ILO: Labour problems in Greece, Geneva, 1949; Freedom of association and conditions of work in Venezuela, Geneva, 1950; Labour conditions in the oil industry in Iran, Geneva, 1950; and Labour problems in Turkey, Geneva, 1950.
21. ILO: Labour problems in Greece, Geneva, 1949; Freedom of association and conditions of work in Venezuela, Geneva, 1950; Labour conditions in the oil industry in Iran, Geneva, 1950; and Labour problems in Turkey, Geneva, 1950.
22. ILO: Labour problems in Greece, Geneva, 1949; Freedom of association and conditions of work in Venezuela, Geneva, 1950; Labour conditions in the oil industry in Iran, Geneva, 1950; and Labour problems in Turkey, Geneva, 1950.
23. ILO: Labour problems in Greece, Geneva, 1949; Freedom of association and conditions of work in Venezuela, Geneva, 1950; Labour conditions in the oil industry in Iran, Geneva, 1950; and Labour problems in Turkey, Geneva, 1950.
24. ILO: The labour and trade union situation in Spain, Geneva, 1969, p. 297.
25. On the background to this study, the conditions in which it was carried out, the subsequent situation and the declarations of the Spanish authorities, see Nicolas Valticos: "L'Organisation Internationale du Travail et l'évolution de la législation syndicale en Espagne", in Estudios de Derecho International. Homenaje alprofesor Miaja de la Muela, Madrid, Tecnos, 1979, Vol. II, pp. 793-812. For a more recent study, see the detailed examination of the case of Spain in Esther Martínez Quintero: La denuncia del sindicato vertical. Las relaciones entre España y la Organizatión del Trabajo (1969-1975), Vol. II, second part, Madrid, Consejo Económico y Social de España, 1997.
26. On the background to this study, the conditions in which it was carried out, the subsequent situation and the declarations of the Spanish authorities, see Nicolas Valticos: "L'Organisation Internationale du Travail et l'évolution de la législation syndicale en Espagne", in Estudios de Derecho International. Homenaje alprofesor Miaja de la Muela, Madrid, Tecnos, 1979, Vol. II, pp. 793-812. For a more recent study, see the detailed examination of the case of Spain in Esther Martínez Quintero: La denuncia del sindicato vertical. Las relaciones entre España y la Organizatión del Trabajo (1969-1975), Vol. II, second part, Madrid, Consejo Económico y Social de España, 1997.
27. For more information on the procedures of the Committee of Experts and of the Conference Committee on the Application of Standards, see ILO: Handbook of procedures relating to international labour Conventions and Recommendations, Rev. 2/1998, International Labour Standards Department, Geneva, 1998, mimeo.
28. ILO: Report of the Committee of Experts on the Application of Conventions and Recommendations: General report and observations concerning particular countries, Report III (Part 4A), International Labour Conference, 81st Session, 1994, p. 12.
29. The report of the Committee of Experts (numbered Report III) is presented to the Conference under the third item on the agenda: Information and reports on the application of Conventions and Recommendations, under the general title: Report of the Committee of Experts on the application of Conventions and Recommendations (Articles 19, 22 and 35 of the Constitution). There are two main volumes: the General report and observations concerning particular countries (called Part 4A till 1997 and Part 1A thereafter), and the General Survey of the Reports on the . . . Convention . . . (called Part 4B till 1997 and Part 1B thereafter). The second main volume is published separately and specifies in its title the actual Convention(s) covered each year (see, for example, note 9). Reference is made in this note to the first volume.
30. And of the so-called "direct requests" addressed to governments, which usually precede the observations and are not reproduced in the reports.
31. ILO: Report of the Committee of Experts on the Application of Conventions and Recommendations: General report and observations concerning particular countries, Geneva, for the years 1990-98.
32. For more details, see the individual issues of the Committee of Experts' report.
33. On the procedure followed by the Committee, see ILO: ILO principles, standards and procedures concerning freedom of association, Geneva, 1989; and ILO: ILO law on freedom of association: Standards and procedures, Geneva, 1995. The wide-ranging "jurisprudence" of the Committee is described in ILO: Freedom of association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fourth (revised) edition, Geneva, 1996.
34. On the procedure followed by the Committee, see ILO: ILO principles, standards and procedures concerning freedom of association, Geneva, 1989; and ILO: ILO law on freedom of association: Standards and procedures, Geneva, 1995. The wide-ranging "jurisprudence" of the Committee is described in ILO: Freedom of association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fourth (revised) edition, Geneva, 1996.
35. On the procedure followed by the Committee, see ILO: ILO principles, standards and procedures concerning freedom of association, Geneva, 1989; and ILO: ILO law on freedom of association: Standards and procedures, Geneva, 1995. The wide-ranging "jurisprudence" of the Committee is described in ILO: Freedom of association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fourth (revised) edition, Geneva, 1996.
36. Direct contact missions are carried out by officials of the Office or by independent persons. This year, for the first time, a tripartite mission was carried out, in a case involving the Republic of Korea. Contacts occur at the initiative of the Committee or at the request of governments, but always with the consent of the latter. In some countries, such missions were carried out on a number of occasions: Argentina (6), Colombia (5), Poland and Uruguay (4), Bolivia, Costa Rica, Tunisia and Turkey (3).
37. Data gathered by the Freedom of Association Branch of the ILO.
38. Data gathered by the Freedom of Association Branch of the ILO.
39. ILO: Record of proceedings, International Labour Conference, 54th Session, Geneva, 1970, pp. 733-736. The Resolution listed the following civil liberties: (a) the right to freedom and security of person and freedom from arbitrary arrest and detention; (b) freedom of opinion and expression and in particular freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers; (c) freedom of assembly; (d) the right to a fair trial by an independent and impartial tribunal; (e) the right to protection of the property of trade union organizations.
40. See Anna J. Pouyat: "The ILO's freedom of association standards and machinery: A summing up", in International Labour Review (Geneva), Vol. 121, 1982, No. 3 (May-June), pp. 287-302.
41. For further information on these cases and on those mentioned below, see "Reports of the Committee on Freedom of Association" published in ILO: Official Bulletin (Geneva), Series B.
42. See Geraldo von Potobsky: "On-the-spot visits: An important cog in the ILO's supervisory machinery", in International Labour Review (Geneva), Vol. 120, 1981, No. 5 (Sep.-Oct.), pp. 581-596.
43. See ILO: Report of the Committee of Experts on the Application of Conventions and Recommendations: General report and observations concerning particular countries, Geneva, for the years indicated.
44. ILO: Official Bulletin (Geneva), Special Supplement, Vol. LXVII, 1984, Series B.
45. On the origins of both bodies, see in particular: C. Wilfred Jenks: The international protection of trade union freedom, London, Stevens & Sons Ltd., 1957.
46. ILO: Official Bulletin (Geneva), Special Supplement, Vol. XLIX, No. 1, Jan. 1966.
47. ILO: Official Bulletin (Geneva), Special Supplement, Vol. XLIX, No. 3, July 1966.
48. ILO: Official Bulletin (Geneva), Vol. LVIII, 1975, Series A, No. 3, p. 222, and Vol. LIX, 1976, Series A, No. 3, p. 139.
49. ILO: Official Bulletin (Geneva), Vol. LVIII, 1975, Series A, No. 3, p. 222, and Vol. LIX, 1976, Series A, No. 3, p. 139.
50. The case was referred to ECOSOC in 1978 and from there to the Fact-finding and Conciliation Commission on Freedom of Association (see the 177th Report of the Committee on Freedom of Association, in ILO: Official Bulletin (Geneva), Vol. LXI, 1978, Series B, No. 2, pp. 5-6, paras. 20-25). The report of the Commission was presented to the Governing Body of the ILO at its 218th Session (17-20 Nov. 1981), doc. GB.218/7/2 (mimeo).
51. ILO: The trade union situation in Chile: Report of the Fact-Finding and Conciliation Commission on Freedom of Association, Geneva, 1975.
52. 197th Report of the Committee on Freedom of Association, Case No. 823, in ILO: Official Bulletin (Geneva), Vol. LXII, 1979, Series B, No. 3, pp. 85-114.
53. ILO: Official Bulletin (Geneva), Special Supplement, Vol. LXXV, 1992, Series B.
54. The text of the Declaration is appended to this issue of the Review.