ILO Supervisory Mechanisms Trade union training for NWJ on protecting workers’ rights and interests in the era of globalization

The special machinery in the field of FOA The Committee on Freedom of Association

Established in 1951 Tripartite committee of the GB, comprised of three representatives for each group and chaired by an independent person the representatives of a State which is concerned by the case, must leave the room participation on an individual basis  Meets three times a year (March, May and November) private session

The Committee on Freedom of Association Mandate  Dealts with the complaints filed against the government for violation of the conventions and principles on FOA Focus on specific situation Focus on specific situation Legislative as well as factual examination even without ratification or consent Legislative as well as factual examination even without ratification or consent Decisions adopted unanimously Decisions adopted unanimously Digest (jurisprudence) Digest (jurisprudence)

The Committee on Freedom of Association  Complaints must emanate from: National organization having direct interest in the matter National organization having direct interest in the matter International organization having consultative status with ILO (ICFTU, IOE) International organization having consultative status with ILO (ICFTU, IOE) International organization where allegations relate to matters directly affecting their affiliated organizations International organization where allegations relate to matters directly affecting their affiliated organizations A government A government  Exiled or dissolved organizations may lodge complaints

The Committee on Freedom of Association Procedure 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

The Committee on Freedom of Association Special characteristics Quasi-judicial body Quasi-judicial body Not subject to the prior exhaustion of national remedies Not subject to the prior exhaustion of national remedies Examination even without the government’s replay Examination even without the government’s replay Not bound by national judicial decision Not bound by national judicial decision***  The Committee has dealt with nearly 2400 cases

Cases before the CFA concerning the Japanese government  3 Active  4 follow up 25 Closed 25 Closed 1 Special Report 1 Special Report

Cases before the CFA concerning the Japanese government  Active cases  No : The National Union of General Workers Union (ZENROREN-ZENKOKUIPPAN) (2004)  No : ZENZOREN and the Japan Federation of Prefectural and Municipal Workers' Unions (JICHIROREN) (2002)  No : The Japanese Trade Union Confederation (JTUC-RENGO), the RENGO Public Sector Liaison Council (RENGO-PSLC), ICFTU, PSI, the International Transport Workers' Federation (ITF), the International Federation of Building and Wood Workers (IFBWW), Education International (EI), the International Federation of Employees in Public Services (INFEDOP) and Union Network International (UNI) (2002)

Cases before the CFA concerning the Japanese government Follow up cases Follow up cases Case No : The Japan Confederation of Railway Workers' Unions (JRU) on the Case No : The Japan Confederation of Railway Workers' Unions (JRU) on the Case No : The National Confederation of Trade Unions (ZENROREN) on the Case No : The National Confederation of Trade Unions (ZENROREN) on the Case No : The Okoyama Prefectural High- School Teachers' Union on the Case No : The Okoyama Prefectural High- School Teachers' Union on the Case No. 1991: The Japanese National Railway Workers' Union (KOKURO) and the All National Railway Locomotive Engineers' Union (ZENDORO) on the Case No. 1991: The Japanese National Railway Workers' Union (KOKURO) and the All National Railway Locomotive Engineers' Union (ZENDORO) on the

Cases before the CFA concerning the Japanese government Allegations: Allegations: Right to bargain collectively of public employees Right to bargain collectively of public employees Acts of anti-union discrimination Acts of anti-union discrimination Interference of the public authorities in the trade unions’ activities Interference of the public authorities in the trade unions’ activities