[PDF] A Response by the International Organisation of Employers to ...

6A Response by the International Organisation of EmployersThe Principles of Freedom of Association UnderInternational LawThe principles of freedom of association as they are defined at the international levelappear in a variety of international instruments. Article 20 of the United Nations’Universal Declaration of Human Rights provides for the right to freedom of association,and the corresponding right not to associate. 11 Freedom of association and the right tocollective bargaining are cornerstone principles of the ILO. 12 Two ILO Conventionsgovern the basic principles of freedom of association and the right to collectivebargaining as they are defined at the international level: Conventions 87 and 98.Convention 87, Freedom of Association and Protection of the Right to Organise,was adopted in 1948, 13 and focuses on the rights of workers to form and join labourorganizations freely. 14 Article II of Convention 87 provides that “[w]orkers andemployers, without distinction whatsoever, shall have the right to establish and,subject only to the rules of the organization concerned, to join organizations of theirown choosing without previous authorisation.” 15Convention 98, Right to Organise and Collective Bargaining Convention, wasadopted in 1949, 16 and relates to protections of workers who seek representation andthe right to engage in collective bargaining. 17 Article IV of Convention 98 providesthat “[m]easures appropriate to national conditions shall be taken, where necessaryto encourage and promote the full development and utilization of machinery forvoluntary negotiation between employers or employers’ organizations and workers’organizations, with a view to the regulation of terms and conditions of employment bymeans of collective agreements.” 1811 U.N. UNIVERSAL DECLARATION OF HUMAN RIGHTS Art. XX (1948).12 The ILO Constitution mentions the freedom of association in its preamble. In relevant part, it states:“And whereas conditions of labor exist involving such injustice hardship and privation to large numbersof people as to produce unrest so great that the peace and harmony of the world are imperilled; and animprovement of those conditions is urgently required; as, for example, by … recognition of the principleof freedom of association …” U.N. ILO CONST. pmbl., available at http://www.ilo.org/ilolex/english/iloconst.htm (last visited May 3, 2011). ILO Conventions apply to member nations that have ratified them.Article 20 of the ILO Constitution governs the registration of Conventions by the ILO with the UnitedNations. The text reads, “[a]ny Convention so ratified shall be communicated by the Director-Generalof the International Labour Office to the Secretary-General of the United Nations for registration inaccordance with the provisions of article 102 of the Charter of the United Nations but shall only be bindingupon the Members which ratify it.” ILO CONST. Art. XX. A Convention is an instrument of the ILOcreated by the ILO Conference and ratified by member states. U.N. ILO CONST. Art. XIX. The principleof freedom of association is also found in the 1998 Declaration on Fundamental Principles and Rights atWork which apply to ILO member states as “principles” to be realized even if they have not ratified theConventions from which the principles are drawn.13 U.N. ILO, Convention No. 87 (1948).14 Id.15 Id., at Art. II.16 U.N. ILO, Convention No. 98 (1949).17 Id.18 Id. at Art. IV.