Employers' Handbook on ILO Standards-related Activities

OTHER STANDARDS-RELATED ACTIVITIES
arbitration, could not be assessed in isolation from the general situation and the
overall industrial relations system in a country. Generalized conclusions on these
questions were therefore inappropriate since the circumstances varied from country
to country.
l Another contentious issue has been the Committee’s indifferent attitude towards
the “right not to associate”. Here, the employers in the GB stated that individual
representation, individual bargaining and individual agreements were legitimate
and viable options for both employers and workers and should not be discouraged
by the Committee’s conclusions.
In general, the employers feel that the impact of the Committee’s recommendations
could be greater if it applied more self-restraint in developing its principles.
For more detail, see:
l IOE: The Committee on Freedom of Association, Note by the Employer Members
of the Committee (Geneva, March 1996).
l ILO: ILO Law on Freedom of Association – Standards and Procedures (Geneva,
1995).
l ILO: Freedom of Association: A user’s guide (Geneva, 2000).
The ILO Declaration on Fundamental Principles
and Rights at Work and its Follow-up
The ILO Declaration on Fundamental Principles and Rights at Work, adopted by
the ILC in 1998 (with no opposing votes), can be seen as the most significant achievement
in ILO standards-related activities in recent years. It is designed to contribute to
the implementation of four principles and rights at work regarded as fundamental to
social progress. These principles are:
l freedom of association and the effective recognition of the right to collective bargaining;
l the elimination of all forms of forced or compulsory labour;
l the effective abolition of child labour; and
l the elimination of discrimination in respect of employment and occupation.
It is important to note that these principles are derived from the ILO Constitution.
Therefore, the Declaration does not create new principles, but affirms and highlights
existing constitutional principles. By virtue of their membership, ILO member States
have an obligation “to respect, to promote and to realize, in good faith and in accordance
with the Constitution” these principles (para. 2).
Of particular significance is the Follow-up to the Declaration. It is of a “strictly
promotional nature” (Annex, para. 2) and must not be confused with a control mechanism,
such as the ILS supervisory system. The follow-up will therefore retain its relevance
even when all member States have ratified the Conventions covering these principles.
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