Freedom of Association Standards and Principles

Transcript:Freedom of Association Standards and Principles:
Freedom of Association Standards and Principles ILO Convention 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) (145 ratifications) Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Deals with constitutive elements of freedom of association Objective: Freedom of association without interference from public authorities Scope: employers and workers without distinction except armed forces and police (narrowly defined) Freedom of speech, of assembly and other civil liberties and the right to organize 1970 Resolution on trade union rights and civil liberties The right to freedom and security of person and freedom from arbitrary arrest and detention Due process must be respected: access to legal representation must be ensured Trade unionist must not be detained for the exercise of legitimate trade union activities When charged with ordinary crimes, the same must not be a pretext for the suppression of the association Presumption of innocence Right to public trial Freedom of opinion and expression The right to express opinions without prior authorization through the press or otherwise is an essential aspect of trade union rights. Freedom of assembly Permission to hold public meetings and demonstrations, which is an important trade union right, should not be arbitrarily refused. Protection of trade union premises and property The inviolability of trade union premises is a civil liberty which is essential to the exercise of trade union rights. Highlights of ILO C. 87 Right to set up & join organizations (Article 2) Rights of employers and workers’ organization (Article 3) Right to form federations and confederations (Articles 5, 6) Right to affiliate with international organizations of employers and workers (Article 5) No dissolution or suspension by administrative measures (Article 4) Right of employers and workers to form or join organizations (Article 2) ILO C87: Art. 2. - Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation. PLC: Art. 243 – All persons employed in commercial, industrial and agricultural enterprises, religious, charitable, medical, or educational institutions Art.244 – Right of employees in the public service Art. 235- Ineligibility of managerial employees / Right of Supervisory Employees to join Right of employers and workers to form or join organizations (Article 2) Without distinction whatsoever (public servants, rural workers, home workers, EPZ workers, seafarers, young