2. Establishment of the CFA lPart 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. lFirst set up in 1951. lHas issued over 2000 decisions.

3. CFA’s Status and Role lA 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 lA 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.

4. CFA’s Mandate lSpecial focus: The Committee examines only complaints of infringement of Freedom of association for trade union purposes lBroad jurisdiction: Complaints may be entertained regardless of whether the country concerned has ratified any of the Conventions in the field of freedom of association

5. CFA’s Mandate: Special Focus lThe Committee examines only complaints of infringement of Freedom of association for trade union purposes lHowever, this includes : –The Right to Organise –The Right to Bargain Collectively –The Right to Strike –The Protection of related Civil Liberties

6. CFA’s Mandate: Broad Jurisdiction lRatification 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 lExhaustion of national remedies not required and CFA not bound by national judicial decisions lCFA 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.

7. Receivability of Complaints before the CFA lTo 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?

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

9. International organisations having consultative status lNon-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.

10. Who may file a Complaint before the CFA? (2) lIf 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.

11. Who may file a Complaint before the CFA? (3) lStatus 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 lSuch 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

12. Who may file a Complaint before the CFA? (4) lTo file a complaint, the organisation must have a permanent existence. lThis implies having a permanent address, which makes it possible to correspond with it.

13. Against whom can a complaint be directed? lComplaints before the CFA must be filed against a State (government) even if they involve infringements by a specific employer or an employers’ organisation.

14. When can a Complaint be filed before the CFA? lWhen 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.

15. How must one proceed to file a Complaint? lFiling a complaint implies the formal laying of a charge lThe complaint must contain specific allegations of infringement of FOA principles (pursuant to International Labour Standards on FOA) lComplaints to the CFA, should be sent to : –The Director-General International Labour Organization CH-1211 Geneva 22, Switzerland

16. Complaints to the CFA: Conditions of Form lComplaints must be in writing lComplaints must be signed by an official of the complaining organisation or government lComplaints must be supported by written proof of allegations (sworn statements of facts and/or documentary evidence) relating to specific infringements of freedom of association.

17. Complaints must be in writing lA copy of a communication to a third party is not sufficient: the written communication must be directed to the ILO lThe document may be sent by fax, but it must be followed by an original document.

18. Complaints must be signed (1) lElectronic mail is not receivable, as it cannot be signed. lA 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.

19. Complaints must be signed (2) lComplaints 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.

20. Composition of the CFA lA 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.

21. Committee on Freedom of Association Practice and Procedure

22. 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

23. CFA Practice & Procedure (1) lThe CFA meets three times a year. lWhere the International Labour Office finds a complaint insufficiently detailed, it may at any time ask a complainant to specify what infringements are complained of. lIf supplementary information is deemed necessary to substantiate a complaint, the Office informs the complainant(s) within one month.

24. CFA Practice & Procedure (2) lThe allegations of infringement are transmitted by the Office to the government concerned for reply within a given period. lThe CFA decides whether to reach a conclusion or ask the government concerned for additional information.

25. CFA Practice & Procedure (3) lWhen 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.

26. CFA Practice & Procedure (4) lThe CFA may also recommend the referral of the matter to the Fact- Finding and Conciliation Commission. lThe 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.

27. CFA Practice & Procedure (5) lWhere 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. l 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.

28. CFA Practice & Procedure (6) l 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. l Decision of the CFA: –Reached by consensus: the Committee always endeavours to reach unanimous decisions.

29. CFA Practice & Procedure (7) lFollows 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.

30. Committee on Freedom of Association Summary of key features: Complaints and Procedure Status and Powers

31. COMPLAINTS MUST: lEMANATE 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 lBE IN WRITING lBE SIGNED lSUPPORTED BY EVIDENCE CONDITIONS OF RECEIVABILITY FOR COMPLAINTS OF VIOLATIONS OF FOA FOA Project/Turin Centre

32. SPECIAL PROCEDURE CONCERNING FREEDOM 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 FOA Project/Turin Centre COMPLAINT PRESENTED TO ILO AND TRANSMITTED TO GOVERNMENTS FOR OBSERVATIONS ESTABLISH STRATEGY AT NATIONAL LEVEL

33. SPECIAL CHARACTERISTICS lILO GOVERNING BODY TRIPARTITE ORGAN lCHAIRED BY INDEPENDENT PERSON lFOCUS ON SPECIFIC SITUATION lLEGISLATIVE AS WELL AS FACTUAL EXAMINATION EVEN WITHOUT RATIFICATION lQUASI-JUDICIAL BODY lNOT BOUND BY NATIONAL JUDICIAL DECISIONS lNOT SUBJECT TO THE PRIOR EXHAUSTION OF NATIONAL REMEDIES COMMITTEE ON FREEDOM OF ASSOCIATION FOA Project/Turin Centre